HomeMy WebLinkAbout2004-024 Minimum Standards for Vacant Buildings ORDINANCE NO. 2004- 24
AN ORDINANCE concerning building regulation and establishing standards and
processes for the maintenance and existence of vacant buildings
within the City of Yakima and creating a new chapter, Chapter
1148, of the Yakima Municipal Code relating to the same.
WHEREAS, the City Council finds that there is currently an absence of specific
authority in the Yakima Municipal Code for the regulation of vacant buildings, other
than those vacant buildings that come within existing applicable ordinances including,
but not limited to, Ch. 11 10 Yakima Municipal Code ( "YMC ") and Ch. 11 46 YMC, and
WHEREAS, the City Council finds that the presence of vacant buildings within
the City of Yakima that do not comply with minimum standards of maintenance,
security, and orderliness present an unnecessary and unacceptable risk of harm to the
public health, safety, and welfare; and
WHEREAS, the City Council finds that establishing standards and processes for
addressing vacant buildings within the City of Yakima serves a pro - active function, in
that regulating and stabilizing such buildings before they become unfit or imminently
dangerous will tend to preserve the value of said buildings, the value of adjacent
property, and reduce the net social costs of avoiding public nuisances, and
WHEREAS, the City Council finds that it is m the best interest of the City to
enact the following; now, therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON
Section 1. The Yakima Municipal Code is hereby amended to establish a new
Chapter 11 48 as follows:
Minimum Standards for Vacant Buildings.
11.48.010 Definition of Vacant Building "Vacant building" as used herein means
a building that: 1) is unoccupied, unattended, and is not actively used as a place of
Page 1 of 7
residence or business or 2) is frequently open or unsecured so that unauthorized
admittance may be gained without damaging any portion of the property At the
discretion of the building official, a portion of a vacant building may be occupied if the
occupied portion meets the standards specified in the Yakima Municipal Code and the
vacant and closed portion complies with the minimum maintenance standards for
vacant buildings specified in this chapter
11.48.020 Public Nuisance — Vacant Building. Any vacant building that is not
maintained in compliance with the minimum standards for vacant buildings imposed
by this chapter is deemed and hereby declared to be a public nuisance, which the
building official is authorized to abate in accordance with the provisions provided for
by applicable law Such abatement may include, without limitation, securing the
building against unauthonzed third -party entry as may be necessary in the interests of
the health, safety and welfare of the public. In the event that the City secures the
building, all costs incurred may be assessed against the owner of the property pursuant
to applicable law
11.48.030 Inspections. Upon presentation of proper credentials to the owner or
occupant of any vacant building, and with the consent of the owner or occupant, the
building official or a representative of the building official may enter at a reasonable
time any vacant building, structure, or premises in the City to perform any duty
provided for under this chapter The building official or the building official's
representative may also simultaneously conduct inspections of buildings in the manner
provided for by law, including as set forth m the Fire Code, the Building Code, or other
applicable provision of the Yakima Municipal Code In any case where entry is denied
by the owner or occupant, the building official or the building official's representative
shall not enter without a warrant or other appropriate judicial process first having been
obtained after reasonable grounds have been shown that a condition exists on the
premises that is dangerous or presents a hazard to health or safety, or that the
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inspection sought is a part of a comprehensive program to have all buildings in the City
comply with minimum standards as prescribed by this chapter, or other sufficient
grounds under the circumstances then existing.
11.48.040 Annual Inspections, Maintenance Standards. Every vacant building
shall conform to the standards of this chapter Each and every owner of a vacant
building shall cause his or her property to be inspected not less frequently than
annually by a duly licensed and capable private inspector, engineer, or other consultant,
who shall, within thirty (30) days after said inspection, submit a written inspection
report to the building official verifying that the building is in compliance with this
chapter In the event a vacant building does not conform to these standards or no such
report is timely submitted, the building official may order the owner to inspect the
property and present satisfactory evidence of compliance with these standards in the
form of an inspection report created by a duly licensed and capable private inspector,
engineer, or other consultant, verifying that the building is in compliance herewith. The
building official or the building official's representative may utilize expertise of other
governmental or private inspectors or agencies, as necessary, to ensure compliance with
the following standards.
a. Sanitary Facilities.
i. All plumbing fixtures connected to an approved water system, sewage system,
or natural gas utility system shall be installed in accordance with applicable codes and
ordinances and maintained in sound condition and good repair
ii. All plumbing fixtures connected to an approved water system, sewage system,
or natural gas system not installed or maintained in accordance with applicable codes
and ordinances shall be removed and the service terminated and the pipes capped in
the manner prescribed by applicable codes and ordinances.
Page 3 of 7
b Electrical System.
i. Every existing outlet and fixture shall be properly connected and wiring and
service lines shall be installed and maintained in accordance with applicable codes and
ordinances.
11. Outlets and fixtures not installed or maintained in accordance with applicable
codes and ordinances shall be removed and the services terminated in the manner
prescribed by apphcable codes and ordinances.
c. Safety from Fire.
i. No vacant building or premises on which a vacant building is located shall
contain any space used for the storage of flammable liquids or any other materials that
could constitute a safety or fire hazard.
ii. Heating facilities or heating equipment in vacant buildings shall be removed
or maintained in accordance with applicable codes and ordinances and any fuel supply
shall be removed or terminated in accordance with applicable codes and ordinances.
d. All vacant buildings shall be properly weather - protected to prevent
deterioration of the exterior and interior of the building. This weather protection shall
be approved by the building official and shall include all roof and wall assemblies.
e. All vacant buildings shall be closed to unauthorized entry according to the
following standards:
i. All windows or similar openings shall be protected by intact glazing (glass)
All windows or similar openings lacking intact glazing (glass), the sills of which are
located ten feet or less above grade, stairway, landing, ramp, porch, roof, or other
similarly accessible area, shall provide resistance to entry equivalent to or greater than
that of a solid sheet of one - half -inch plywood. Any such material used to protect
window or similar openings shall be painted in a color matching the existing structure
to protect it from weather deterioration, cut to completely cover the opening, and
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securely fastened by minimum one and one quarter inch long sheetrock screws at six
inches on center
ii. Doors and service openings with thresholds located ten feet or less above
grade, a stairway, landing, ramp, porch, roof or similarly accessible area, shall provide
resistance to entry equivalent to or greater than that of a closed single panel or hollow
core door one and three - eighths inches thick equipped with a half inch throw deadbolt.
Exterior doors, if openable, may be closed from the interior of the building by securing
them to the doorframe using minunum one and one quarter inch long sheetrock screws
at six inches on center
iii. There shall be one operable door into each building and into each housing
unit. If an existing door is operable, it may be used and secured with a suitable lock
such as a hasp and padlock or a one - half -inch deadbolt or dead latch. All locks shall be
kept locked. When a door cannot be made operable, a door shall be constructed of
three- quarter -inch CDX plywood painted in a color matching the existing structure to
protect it from weather deterioration and shall be equipped with a lock as described
above.
f All debris, combustible materials, hazardous or noxious vegetation, litter and
garbage shall be removed from vacant buildings and premises on which a vacant
building is located and further accumulation of the same prevented. Further, each and
every owner of any vacant building shall remove or destroy all grass, weeds, shrubs,
bushes, trees or vegetation growing or which has grown and died upon property
owned or occupied by such owner, and which are a fire hazard or a menace to public
health, safety and welfare
g. All vacant buildings shall have plainly visible house numbers or address
numbers as required by the Fire Code or other applicable law
11.48.050 Occupying or Renting Vacant Buildings. After a notice of violation,
order or emergency order is issued in accordance with any applicable code with respect
Page 5 of 7
to any vacant building, no one shall use, occupy, rent, or cause, suffer, or allow any
person to use or occupy or rent said vacant building, unless written approval from the
building official has been first obtained.
11.48.060 Notice of Civil Infraction, Continuing Offense When the building
official, or the building official's designee, determines that a violation of this chapter has
occurred or is occurring, and is unable to secure voluntary correction, the building
official or designee may issue a notice of civil infraction to the person responsible for
the violation. Said notice shall be in the form prescribed by Ch. 7.80 RCW or applicable
Yakima Municipal Code provisions. The notice of civil infraction shall be prosecuted
and heard in the manner required by law as set forth in Ch. 7.80 RCW or in other
applicable provisions of the Yakima Municipal Code A person is guilty of a separate
offense for each day or any portion thereof in which a violation of any provision of this
chapter is committed, continued, or permitted, and may be cited accordingly
11.48.070 Remedies not Exclusive. Nothing herein shall be construed to limit
any other remedy available to the City for noncompliance with applicable codes or
other law, including, without limitation, the power of condemnation and sale as
provided by Ch. 35.80 RCW, or as the same may be hereafter amended.
11.48.080 Severability The provisions of this chapter are declared to be separate
and severable, and the invalidity of any section, subsection, provision, clause, or portion
of this chapter, or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of this chapter or the validity
of its application to other persons or circumstances.
Section 2. Severabihty if any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance.
Page 6 of 7
Section 3. 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 at a regular meeting and signed and approved
this 13th day of April, 2004.
I C 1 4_, < __C( ) . (2e--k
Paul P George, Mayor
ATTEST
a LA -v.-
City Clerk
Publication Date: 4 -16 -2004
Effective Date- 5 -16 -2004
Page 7 of 7
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT- 3
Item No
For Meeting of April 13, 2004
ITEM TITLE Continuation of the Public Hearing regarding the legislation establishing
minimum standards for regulating vacant structures
SUBMITTED BY • ham R. Cook, Director of Commumty and Economic
Development Department
CONTACT PERSON /TELEPHONE Ken Harper, Legal Counsel (575 -0313)
Doug Maples, Code Administration and Planning
Manager (575 -6121)
SUMMARY EXPLANATION
This is the continuation of the second public hearing and the fourth public discussion
relating to this matter On March 2, 2004 and March 16, 2004, the City Council had the
first and second public hearing respectively Public testimony was received regarding
minimum standards for regulating vacant structures for both hearings. (See attached list of
comments from the public testimony) Based upon March 2, 2004 testimony, City Council
deliberation, and City Council direction staff made some additional changes to the
proposed ordinance. The March 16, 2004, hearing resulted in no changes to the ordinance.
On February 3, 2004, the City Council held a study session regarding draft legislation
setting new standards regulating vacant structures within the City, which could mclude
additional enforcement tools such as the ability to issue a citation dependant upon the
nature of the offense. The citation provision would include a penalty structurep'rescribed
; _by state law•at RCW 7 80 120
Continued on the next page
Resolution Ordinance X Other (Specify)
-
Contracts Mail to (name and address)
Phone
Funding Source
APPROVED -FOR SUBMITTAL .4 ■/
ity •Manager
STAFF RECOMMENDATION Review proposed ordinance amendments, consider
revisions /changes as appropriate and approve jinal legislation.
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION Ordinance passed as amended to mclude "maintenance and inspection
standards m YMC 11 48 040 ORDINANCE NO. 2004-24
As stated previously, the control and abatement of public nuisances, such as vacant buildings, is an
ongoing potential problem for the City of Yakima. Vacant buildings can contribute to a number of
unsafe or dangerous conditions. Vacant buildings offer an opportunity for the unlawful use of
P roperty including drug activity; may lower the value of other property in the near -by area, may
attract illegal activities such as graffiti, create an attractive nuisance for children and, finally,
open buildings allow weather to detenorate the structure, and slowly remove any hope that
rehabilitation will be economically feasible. When present in large numbers, vacant
buildings can undermine community -wide efforts to stimulate economic revitalization
throughout the City
Presently there are elements in the Yakima Municipal Code that address secunng an
"unfit" building or structure at YMC 11 10.230 The proposed ordinance amendment
attached would provide the Code Administration Division with additional tools and
guidance when encountering structures that are unsecured or vacant for a period of time but
that may not necessarily meet the definition of "unfitness" in Ch. 11 10 YMC The
proposed ordinance would encourage owners of dangerous or nuisance vacant property to
maintain, repair or demolish such structures. The amendment would allow the Code
Administration Manager discretion to review enforcement problems on a case -by -case
basis employing one or more of several options to eliminate nuisance and dangerous vacant
buildings. The right -of -entry protection afforded property owners is built into this
amendment, as well as other City of Yakima ordinances. Nothing about the proposed code
alters the requirement that City of Yakima staff must follow appropriate procedures and
process before entering enter private property
As currently proposed, Ch. 11 48 YMC would establish several new requirements to assure
that vacant structures are properly secured and maintained. Some of the main points in the
proposed new ordinance are
1 Any structure constituting a "vacant building," as defined, must comply with all
provisions of the ordinance.
2. Code inspectors will seek out such vacant buildings throughout the City and no
longer limit their response to complaints
3 Identified structures must be secured and maintained in a secure manner as outlined
in the ordinance
4 Identified structures must be inspected annually for compliance
5 The Building Official will be given the flexibility to use one or more of several
available enforcement tools (including but not limited to condemnation) on a case -
by -case basis.
Y.1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Office of Code Administration • codes @ci.yakima.wa.us
1(4-1 % Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us
129 North Second Street, 2nd Floor
Yakima, Washington 98901
1.. `RPOR AI (509) 575 -6126 or 575 -6121 • Fax (509) 576 -6576
MEMO
Date April 1, 2004
To Any Interested Parties
From. Doug Maples, Code Admm. & Plammng Manager and Karen Roberts, City Clerk
Re Proposed Ordmance Estabhshmg Minimum Standards for Regulating Vacant
Structures
This letter is an mvitation for you to attend the next City Council meeting of April 13, 2004 at 2 00
p.m. m the City Council Chambers at City Hall, at which time this draft legislation will agam be
discussed.
The mmimum standards are new requirements to assure that vacant structures are properly secured
and mamtamed. Some of the mam pomts m the proposed new ordmance are
b Any structure constituting a vacant building must comply with all provisions of the
ordinance,
b Code Compliance Officers will seek out such vacant structures throughout the City and
no longer limit their response to complamts,
b Identified structures must be secured and maintained m a secure manner as outlined in
the ordmance,
* Vacant structures must be inspected annually for compliance by a duly licensed and
capable private mspector, engmeer or other consultant as outlmed m the ordinance,
b The ordmance provides a mechanism for issuance of civil infractions for violations
pursuant to RCW 7 80 120, which range from $25 to $250, and,
* The Building Official will be given the flexibility to use one or more available
enforcement tools (mcludmg but not limited to condemnation) on a case -by -case basis.
Attached is a copy of the draft ordmance for your review and comment m preparation for the City Council
meetmg on April 13 You are also mvited to submit written comments if you are unable to attend.
Written comments can be submitted to the Council m two ways:
1) Send a letter via regular mail to Yakima City Council, 129 N 2 St., Yakima, WA 98901
2.) E -mail your comments to ccouncil @ci.yakima.wa.us. Please mclude in the e-mail subject
line "Vacant Structures Public Hearmg" and please also mclude your name and mailmg
address.
The Code Admmistration and Planning Division staff and the City Attorney's Office will be available
from 1 pm to 2 pm m the City Council Chambers before the City Council meetmg on this matter to
answer any questions concerning the proposed draft language.
The City Council plans to act on this item at the April 13, 2004 meetmg. Yakima
'VII
1994
CERTIFICATE OF MAILING
My name is Julia Sanford. I am employed by the City of Yakima Office of Code
Administration as a Permit Technician.
On March 25, 2004, I deposited one envelope in the U.S. mail, first class, postage
prepaid, and one envelope in the U.S. mail, with proper postage affixed, each envelope
containing a copy of the attached document(s) entitled "Memo regarding proposed
ordinance establishing minimum standards for regulating vacant structures" addressed
to all interested parties (see attached list)
I certify under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
Dated this 2nd day of April, 2004, at Yakima, Washington.
Julia an
n-ford tijd
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
�- Office of Code Administration • codes @ci.yakima. wa. us
, 3% Doug Maples, CBO, Code Admin. and Planning Manager • www.ci.yakima.wa.us
'V;; ? 129 North Second Street, 2nd Floor
. h • J ; ° Yakima, Washington 98901
>,R�,F.,, (509) 575 -6126 or 575 -6121 • Fax (509) 576 -6576
MEMO
Date 3/19/04
To Property Owners
From. Doug Maples, Code Admm. & Planning Manager
Re Proposed Ordinance Establishing Minimum Standards for Regulatmg Vacant
Structures
On March 16, 2004, the City Council held a public hearing regarding draft legislation creating minimum
standards to regulate vacant buildings in the City of Yakima. The City Council did not take any action on
this legislation at that time in part because of a desire to provide additional notice to you as the owner of
one of the approximately 104 vacant structures within the City
This letter is an invitation for you to attend the next City Council meeting of April 13, 2004 at 2 p.m.
in the City Council Chambers at City Hall, at which time this draft legislation will again be discussed.
The minimum standards are new requirements to assure that vacant structures are properly secured and
maintained. Some of the main points in the proposed new ordinance are
b Any structure constituting a vacant building must comply with all provisions of the
ordinance;
1 * Code Compliance Officers will seek out such vacant structures throughout the City and no
longer limit their response to complaints,
b Identified structures must be secured and maintained in a secure manner as outlined in the
ordinance;
c> Vacant structures must be inspected annually for compliance by a duly licensed and capable
private inspector, engineer or other consultant as outlined in the ordinance;
b The ordinance provides a mechanism for issuance of civil infractions for violations pursuant
to RCW 7.80 120, which range from $25 to $250, and,
b The Building Official will be given the flexibility to use one or more available enforcement
tools (including but not limited to condemnation) on a case -by -case basis.
A copy of the draft ordinance will be available on April 9, 2004, for your review and comment in preparation
for the City Council meeting on April 13 To request a copy please contact City Codes 575 -6126, 129 N 2 ❑d
St, 2 Floor on of after April 9 Again, staff would like to extend an invitation to you to attend the City
Council meeting.
The Code Administration and Planning Division staff and the City Attorney's Office will be available from
1:00. pm to 2.00 pm in the City Council Chambers before the City Council meeting on this matter to answer
any questions concerning the proposed draft language.
The City Council plans to act on this item at the April 13, 2004 meeting.
Yakima
bltd
Ail-ac.au
11
1994
Kriste Graves Michael J & Trade L Dural' Frederick A & Vicki Mildfelt
PO Box 2902 3001 W Nob Hill Blvd. 7206 Ahtanum Rd
Malibu, CA 90265 -2902 Yakima, WA 98902 Yakima, WA 98903 -9417
Danny & Sheri Smith Yakima Mall Shopping CTR Michael & Tracie L. Durall
PO Box 277 402 E Yakima Ave Ste 1400 2907 W Nob Hill Blvd
Desert Hot Springs, CA 92240 Yakima, WA 98901 -2760 Yakima, WA 98902
Bank of New York John 5 Russell Rafael 0 Sanchez
400 Countrywide Way 1410 Swan Ave 406 N 7 St
Sima Valley, CA 93065 Yakima, WA 98902 Yakima, WA 98901
Javier Rios Antonio JR Etux Santoy Kellogg Ferguson Corp
719 Tennant Ln. #9 PO Box 86 720 University Ave Ste #200
Yakima, WA 98901 Sunnyside WA, 9844 Los Gatos, CA 95032
Diana F Hettich Cecil E & E Patricia Fitchett Ralph L & M Dolores Holbrook
5901 5 Wenas Rd 290 Perry Way 219 5 19 Ave
Selah, WA 98942 Yakima, WA 98901 Yakima, WA 98902
George E III & Susan Coson Donald Cyrus Arne 5 Lodahl
801 Country Club Dr 1701 Dalton Rd. 310 N 41' Ave
Yakima, WA 98901 Yakima, WA 98901 Yakima, WA 98908
Jorge L & Maria L Chavez Edward B & Lynn M Bly Tiger Oil Corp -Idaho
609 5 26 Ave PO Box 186 PO Box 1489
Yakima, WA 98902 -4120 Yakima, WA 98907 -0186 Boise, Idaho 83701 -1489
Gary Dean Clark Frederick A & Patricia L Dills National City Bank
509 West I St PO Box 901 1665 Palm Beach Lakes Blvd 7 -B
Yakima, WA 98902 Moxee, WA 98936 West Palm Beach, Florida 33401
Nicanor Gonzalez Charles E Chambers
316 N. 3rd Ave. PO Box 9134
Yakima, WA 98902 Yakima, WA 98909 -0134
Robert K Matthews Chris Lodhal
P 0 Box 446 439 South Maple Dr
Fairview, OR 97024 North Bend, WA 98045
\
Daniel & Anna Martinez Del & F Mildfelt Matthews John Charles Marts
17110 Highway 24 115 W Yakima Ave 1405 5 17 St
Moxee WA 98936 Yakima, WA 98902 -3471 Yakima, WA 98901
Abdolmadjid Et Al Soltanikhah Michael & Elvira Musgrove Bank of America
6025 E Wardlow Rd. POB 1053 Pier 70 Alaskan Way #300
Long Beach, 90808 Yakima WA 98907 Seattle, WA 98121 -1128
Cheryl L Clark Joan H Phipps Clinton & Terri Goodfellow
613 Jade PL 6 N Shamrock Dr 1647 5 246 PL
Yakima, WA 98908 -9767 Yakima, WA 98908 Des Moines, WA 98198
Willis L & Carol A Miller Arlene D Grady Sebastian Moreno
12084 Road A 5 SW 11115 34 Ave 812 5 4 St
Royal City, WA 99357 -9748 Yakima, WA 98902 Yakima, WA 98901
Norman L Woolworth Ray H & Elizabeth L Roff WM Specialty Mortgage
2426 E James PL #301 941 Firing Center Rd 400 Countrywide Way
Langley, WA 98260 Yakima, WA 98901 Simi Valley, CA 93065
Jose & Araceli Mendoza Joe Russell Lambeth Alma Martin
1111 Swan Ave PO Box 2308 1503 5 14 St
Yakima, WA 98902 -1943 Palm Springs, California 92263 Yakima, WA 98901 -3627
Abn Amro Mortgage Group Inc Bill D & Connie L True Yakima Valley 0 I C
5898 Condor Dr 815 N 66 Ave 815 Fruitvale Blvd
Moorpark, CA 93021 Yakima, WA 98908 -5604 Yakima, WA 98902
Bradley R Menerey Dimas & Silvia Ortiz Adame Daniel L & Lisa A Miller
PO Box 10889 PO Box 387 1419 McKinley Ave
Yakima, WA 98909 Harrah, WA 98933 Yakima, WA 98902
Mina M Kyle Trustee Leon E & Margaret 1 Mertz Nabor Cruz
121 Wapiti Run Ln 1508 W Viola Ave. 1511 5 1' Ave.
Naches, WA 98937 -9455 Yakima, WA 98902 Yakima, WA 98902
Diana Reinecker John Charles Marts Arthur Daniel Nelson
PO Box 2902 1405 S 17 St 535 - 31S Ave
Malibu, CA 90265 Yakima WA 98901 Seattle, WA 98122
Hugh Anderson Arnold McBean Paul Hernandez
304 N 7 5t 13207 Barrett Rd. 910 E Adams St
Yakima WA 98901 Yakima WA 98908 Yakima WA 98901
David Lindstrom Fred Mildfelt Rogers Sanders
1408 5 34 Ave. 7206 Lower Ahtanum 281 Ridge Lp Rd
Yakima WA 98902 Yakima WA 98903 Cle Elum WA 98922
Reed Pell, Attorney Yakima Co Commissioners Miguel & Eded Mendoza
Re. Robert J Brown /1119 Iler Ln. 128 N 2 St 901 E Chestnut Ave.
1400 Summitview Ave. Yakima WA 98901 Yakima WA 98901
Yakima, WA 98902
William Lynch SE Neighborhood Imp Com Jacqueline Snyder
5511 Glacier Wy Attn. Maud Scott 2300 River Rd #26
Yakima WA 98908 712 E Spruce Yakima WA 98902
Yakima WA 98901
Cecil Jay Perdue Betty Brooks Deborah & Gary Paullin
712 E Spruce St 2531 Stover Rd POB 424
Yakima, WA 98901 Grandview WA 98930 Selah WA 98942
Douglas Metz Martin Turner or Helen Catlett Dennis Cliett
14 N 96 Ave 2506 5 16 Ave 1215 5 6 Ave.
Yakima WA 98908 Yakima, WA 98902 Yakima WA 98902
Frank & Tamara Godina Julian Rodriguez
602 N 6 Ave. 611 N Front St
Yakima WA 98902 Yakima WA 98901
Hazel Cox Culligan Water Co of WA Inc David & Mary Saylors
613 N 20 Ave. 617 Fruitvale Blvd. 2119 S 7 Ave.
Yakima WA 98902 Yakima WA 98902 Yakima WA 98903
April 8, 2004
RECEIVED
CITY OF YAKIMA
Yakima City Council APR 8 2004
129 N Second Street
Yakima, WA 98901 OFFICE OF CITY COUNCIL
Re Proposed Abandoned Building Ordinance
Dear Council Members.
On behalf of the board of directors of For A Better Tomorrow, as well as our Positive
Image and Sense of Community committee, I am writing to ask for your positive vote for
the proposed Abandoned Building Ordinance.
The ordinance is not unreasonable in asking offending owners to take responsibility for
their property Clearly, lack of responsibility is at the root of many community problems,
and this ordinance could be the first step toward helping neighborhoods regain
community spirit and pride. It is unfair to expect an entire neighborhood to suffer
because of a negligent property owner
Having grown up very poor, literally on the other side of the tracks, I know my mother
would have been terribly insulted if someone suggested that she was too poor to be
expected to keep her home neat and clean. Quite the contrary, we need to do all that we
can to insure the rights of families at all economic levels to neighborhoods that are clean,
neat, and safe.
We all have an exciting opportunity, not to mention responsibility, to be part of positive
change in Yakima. For A Better Tomorrow believes the ordinance dealing with boarded
up houses, is important and needs to be enforced.
Yours . ry truly,
Barbara Greco
Executive Director
10 North Ninth Street Yakima WA 98901 o p: (509) 248.2021 f• (509) 248.0601 o www uppervalleyvision.net
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
• MARCH 2, 2004 PUBLIC COMMENTS ARE PAGES 1 THROUGH 15
• MARCH 16, 2004 PUBLIC HEARING COMMENTS START ON PAGE 16
Staff Item Ordinance Proposed Staff Response Questions asked and Person(s) who
Agree/Disagree # Section Ordinance Response from staff to the requested
Language suggested change change
1 #1 A. During the 2004 #1 Comment: Will Ron Anderson
budget process the City additional staff be testimony and
Council approved a third required and what will be letter dated
Code Compliance Officer the cost? March 2, 2004
position using ONDS #2 Comment: How will
money The cost for this the fees be collected and
position was budgeted at will the funds go to the
$50,200 code department?
#2 A. There are no fees #3 Comment: What
associated with this
ordinance, therefore no fees happens if the property
would go to the codes owner doesn t pay?
department. #4 Comment: What are
#3 A. This comment is the overall projected costs
moot because the ordinance to the city for enforcing
imposes no fees.
this ordinance?
#5 Comment: The
#4 A. The costs would vary cleanup of individual
depending on cooperation properties, neighborhoods
and whether any structures and the city itself are vital
must be taken to to our community image
condemnation. and overall quality of life
#5 A. No comment #6 Comment: The proper
#6 A. This draft ordinance steps must be taken so that
would help in providing for a we can all live in a
cleaner, safer community cleaner, safer community
1
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE I TEMS ADDRESSED FRO M TESTIMONY
#7 A. This ordinance that reflects a positive
stresses owner responsibility attitude about who we are
and standards for as citizens and a
compliance The code community
compliance officer will #7 Comment: Whatever
provide a cooperative the decision of council, it
manner as we have done is my hope that the
with all other codes. owners are approached in
#8 A. The annual a friendly cooperative
inspection requirement is a manner by the city rather
method by which the owner than in a heavy- handed
knows the condition of the fashion, so that those
property and helps assure responsible are willing to
that the property is not going resolve any issues
to deteriorate any further presented.
#9 A. This ordinance #8 Comment: There
addresses property rights and should not be an annual
inspection required on
protection in section these properties.
11 48.030
#9 Comment: The
protection of property
rights should be
considered.
2 #1 A. This proposal would #1 Comment: These types David
encourage property owners of structures impact the McDonald —
to take responsibility rental owners, which President of
regarding these types of reduces property value Yakima
structures. and rental fees. Landlords
#2 A. There are #2 Comment: He Association
opportunities for many of indicated Yakima
these structures to be sold to Landlords Association is
investors, first -time buyers working with the State to
2
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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and property development provide incentives for
and working with the State acquisition and
to provide help is well rehabilitation of these
supported by the City types of property
#3 A. The City will work #3 Comment: The
with the Landlord Landlord Association
Association would like being involved
with the City regarding
this matter
3 #1 A. Staff has contacted #1 Comment: Who ever Bill Lover
Yakima Health District to is dictating policy not
help secure these buildings citizens needs but when a
after the decontamination problem has been
process has been completed. identified we discover it
WAC 235 -205 regulates the can generate revenue
decontamination process. leaving out the most
#2 A. Yakima County dangerous buildings and
Health Distnct (YCHD) was unhealthy —meth labs.
contacted to work #2 Comment: Work with
aggressively with the City on the Yakima County
the meth lab sites. However, Health District regarding
RCW 64 44 indicates all the meth lab sites and
procedures regarding notice until this issue is
and appeals must be addressed the City does
exhausted before the city not deserve any
may take action. (See endorsements.
attached WAC 246 -205 and
RCW 64 44)
4 #1 A. No comment #1 Comment: The City of Jerry
#2 A. The property owners Tacoma is an example Henderson
have access to several how vacant buildings
programs to help gain affected the downtown
3
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
compliance and provide area and what they did.
methods to revive and/or #2 Comment: The
repair these structures. ordinance should provide
#3 A. No comment. an incentive bring the
property back in line,
otherwise no one will
want to rent the structures.
The owners should be
responsible for their
property
#3 Comment: The CRB
Committee is in
agreement something
should be done to help
beautify this City
No position 5 #1 A. This ordinance #1 Comment: This George Colson
provides additional tools to legislation is a redefining
address vacant buildings, of what a nuisance
which are boarded up structure may be and
#2 A. Some presently concerns me
vacant properties have #2 Comment: This board
deteriorated and need to be brush method of lumping
addressed. This ordinance all the properties together
provides guidance to this puts mothballed
encourage owners of buildings into the same
applicable properties to category as dangerous
address these concerns. buildings, the City is
#3 A. A minimum standard signaling that appearance
has been drafted to provide alone is justification.
the vacant building a less #3 Comment: A
intrusive impact on the symptomatic issue of
4
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE I TEMS ADDRESSED FROM TESTIMONY
neighborhood. appearance of the vacant
#4 A. This draft ordinance structures is missing the
addresses vacant structures point.
only #4 Comment: More
#5 A. The proposed serious problems such as
ordinance would encourage deteriorating and unsafe
property owners to take sidewalks, dangerous and
responsibility for their overgrown trees that are
property about to fall over
irrigation problems and
the crime exposure.
#5 Comment: This
legislation will force
annual inspection and
unnecessary code
requirements for an
appearance standard on
property Separate real
concerns.
6 #1 A. This ordinance sets #1 Comment: How do we Martin Chacon
minimum standards which judge blight? Do we judge
property owners must it by our own value
address. system
#2 A. A letter has been sent #2 Comment: There is no
out to all known vacant education and no people
building property owners here from the areas these
inviting them to this meeting areas that this ordinance
and indicating there have will effect to share their
been two meetings thoughts. Get more
addressing vacant structures. people involved in the
#3 A. Yakima has great process.
5
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE I TEMS ADDRESSED FRO M TESTIMONY
potential and people are #3 Comment: If these
investing in the community structures are so bad, why
#4 A. The City Council are people investing very
decided six years ago to stop large amounts of money
funding rehabilitation to build here in Yakima?
projects for rental property #4 Comment: Whatever
happened to the money
Housing Services used to
rehabilitate houses?
7 #1 A. No comment #1 Comment: This Bob Mason
ordinance should be done
and get on with it.
8 #1 A. No comment #1 Comment: Family has Mark
#2 A. No comment been in the rental business Matthews -
since 1900's. Landlord
#3 A. Based on past history
these types of properties are #2 Comment: He buys
a magnet for multiple types distressed properties
of problems. rehabbing them to be
clean and affordable
#4 A. This ordinance would places to live.
encourage property owners
to take responsibility for #3 Comment: Structures
their property that are boarded up attract
graffiti and those
buildings affect every
other rental properties _
pocket book and that is
not right.
#4 Comment: When
structures are boarded up
they affect other
properties near by, which
6
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
affect those owners'
pocket books. This should
affect the vacant building
owners pocket book.
Agree with the 9 #1 A. No comment #1 Comment: She Mary
concept #2 A. No comment indicated she supports the McDaniels
regarding rezone ordinance.
related matters. #3 A. This ordinance #2 Comment: She lives in
addresses health, safety, and the southeast Yakima
aesthetic issues.
neighborhood area.
#4 A. When the City
enforces any ordinance there #3 Comment: There are
must be respect and way to many boarded up
sensitivity to the property houses and graffiti and the
owner's concerns. primary reason to do this
ordinance is safety, health
which includes
appearance protection.
#4 Comment. The City
needs to work in
cooperation with the
owners.
Agree 10 #1 A. No comment #1 Comment: He Steve Emoff —
#2 A. There is no specified indicated he like the Real Estate
time limit controlling the ordinance. Broker, CRB
City's exercise of eminent #2 Comment: He would member,
domain in this ordinance. like to see the ordinance Rental owner
This provides additional indicate condemnation in and many
flexibility for City staff to 2 to 3 years. committee
work with the property member
#3 Comment: He stated
owner as long as the that boarded up building
property owner shows signs do nothing but bring down
7
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
of mutual cooperation the community He would
#3 A. This is a City Council advocate he hopes this
decision. ordinance passes.
11 ) #1 A. No comment #1 Comment: She Maud Scott
#2 A. No comment indicated she would like
the east side of Yakima to
#3 A. This ordinance look better
addresses one of the many
issues facing the City #2 Comment. We haven't
got into the depth of the
#4 A. No comment conversation before we
#5 A. Each issues needs to iron out the problems and
be reviewed one at a time so wrinkles. Urge Council to
everyone is clear what issue not be in a rush. She has
is being addressed. Too been waiting 26 years to
many issues at any one time see proper code
could cause confusion. enforcement.
#6 A. The March 16th #3 Comment: We can't
meeting would be the third simply attack one
time there has been public symptom of the disease
discussion regarding this and think we are solving
issue. the any problem. Boarded
ch up buildings is only one of
#7 A. The March 16 the symptoms to be
meeting would be the third addressed.
time there has been public
discussion regarding this #4 Comment: We are not
issue. alone in a practice on the
East side that we loving
refer to as acquisition.
#5 Comment: Let's take
the necessary time to look
at all the issues that are
8
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FRO M TESTIMONY
going on here so we have
the time were we have
been.
#6 Comment: She
indicated there should be
a board discussion here
and there needs to be
more time to do the
review Not once has the
Codes done a proper job
of enforcing codes around
our neighborhoods.
#7 Comment: The
assumption that the
boarded up houses are
generating all the
problems is so patently
rhetoric and not fact.
Asking Council to set
schedule of meetings.
Agree 12 #1 A. No Comment #1 Comment: She Lynne
#2 A. The applicable state indicated she opposes Kittelson
statute (Ch. 35 80 RCW) ordinance 11 48 I believe
which established and this is a unnecessary
provided the frame work for action.
the regulations controlling #2 Comment: She
the CRB, does not allow this indicated that CRB could
ordinance to be placed under address the issues
the authority of the CRB #3 Comment: She
#3 A. The City Council has believes the City Council
the authority to address this should address junky
9
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
issue at a future date. condition in our
#4 A. Each issues needs to neighborhoods of cars in
be reviewed one at a time so the front yard. Illegally
everyone is clear what issue created driveways are of
is being addressed. Too concern.
many issues at any one time #4 Comment: This
could cause confusion. ordinance is to narrowly
#5 A. This ordinance and directed at a select
thoughts about this number citizens and it is
ordinance have been design to be punitive.
discussed at three separate #5 Comment. She feels
public meetings. this is on a fast track is
#6 A. The legislation unwarranted. No valid
encourages the property reason to ramp rod this
owner to take responsibility legislation through to
for their property make this a law of the
City
#7 A. This has been one of
three public discussions and #6 Comment: This is a
the second public meeting. punitive legislation.
#7 Comment: Please give
the citizens an opportunity
of a dialogue and a voice
to the issue One
councilmember' s efforts
to push his own agenda.
13 #1 A. This ordinance #1 Comment: The Javier
addresses any vacant problem is board and all Gutierrez
building in the City of you are doing is
Yakima. This ordinance discriminating and focus
does not address the illegal on one area. There are
conversion of structures. illegal conversions of
10
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
That is addressed by other houses into apartments.
codes. This is a pro- active
ordinance.
Agree 14 #1 A. No Comment #1 Comment: She Phyllis
#2 A. Ordinarily, indicated she has rental Musgrove
condemnation would be an property on the east side
option of last resort. The and takes responsibility
City would not usually keep for her property
the property if it was #2 Comment: She feels
condemned. Under any the east side is ugly She
circumstances, property may indicated the
be condemned only if the condemnation of property,
City pays just compensation which becomes part of the
to the landowner City and acquire some
#3 A. There may be property This concerns
funding from some resources her There is a private
available. property issue
#4 A. There may be #3 Comment. Do these
funding sources for these people have money to do
types of property, including what you want them to
investors who buy distressed do.
property, banks who help #4 Comment: Is there any
first -time buyers, ONDS, money available to help
and other lending agencies fix these houses?
who help fix up property
Agree 15 #1 A. No Comment #1 Comment: She moved M.
#2 A. No Comment to Yakima 2 Y2 years ago Sanchez
#3 A. This ordinance #2 Comment: People
establishes minimum must have an area to be
standards and encourages Proud to live or our kids
property owners to take will not stay here
11
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
responsibility for their #3 Comment: She stated,
property if you want to have
property then you need to
maintain the property
The property owners must
take responsibility for
their property and respect
their neighbors by
correcting the property
Agree 16 #1 A. This is a community #1 Comment: He believes Ray Stenberg
effort and a public process. this is everybody's job to
#2 A. No Comment maintain it.
#2 Comment: He
supports the ordinance.
Agree 17 No section (See #1 A. Yes this would go #1 Comment: He wanted Clarence
for this modification to into effect immediately upon to know if the ordinance Barnett
language 11 48 040(e)(i)) the ordinance's effective would have an immediate
date and buildings that do affect on the property
not meet the minimum owners?
standards would be non- #2 Comment: He wanted
complaint. to know if the present
#2 A. This is not presently structures do not have the
addressed in the ordinance, exterior windows cut to fit
but could be the subject of a would those structures be
modified draft version of this grandfathered as long s
ordinance. the are presently boarded
#3 A. the Building Official up and secured?
has the authority to make #3 Comment: He does
interpretations of many not find the ordinance
building code provisions indicate were the building
incorporated by reference official has flexibility as
12
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
into this draft ordinance. indicated in the agenda
#4 A. With the passage of statement?
appropriate authorizing #4 Comment: What is the
legislation, there could be a penalty if the property
civil infraction with penalties owner refuses to do what
as provided for by state law, the ordinance indicates?
ranging from $25 to $250 Is it a civil infraction?
pursuant to Ch. 7.80 RCW
18 No section (See #1 A. Yakima County #1 Comment: He wanted Council
for this modification to Health District (YCHD) was to know how the City is member
language 11 48.040(f)) contacted to work going to address the meth Bernie Sims
aggressively with the City on lab structures? He
the meth lab sites However, indicates they are a public
RCW 64 44 indicates all safety issue.
procedures regarding notice #2 Comment: He wanted
and appeals must be to know if Yakima
exhausted before the city County Assessor's office
may take action. (See reduces the value of the
attached WAC 246 -205 and structure because it is
RCW 64 44) vacant and boarded up?
#2 A. See attached email #3 Comment: He believes
from Royale Schneider, the standard should go
which indicates the beyond a weedy lot type
Assessor's office response standard.
#3 A. This ordinance fills #4 Comment: He would
the void between YMC Ch. like to see a higher
11 10 and the Uniform Code standard with a mowing
for the Abatement of requirement along with
Dangerous Buildings. These keeping the exterior well
two codes allow buildings to painted.
be boarded up but do not
address the need to maintain #5 Comment: He would
13
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
buildings after a structure is like to the 104 property
boarded up Some of these owners to receive a letter
building are dangerous to indicating there have been
health, safety and welfare of two public meetings and
the neighborhood. This inviting them to the
ordinance provides the March 16 Council
needed tools to address those meeting.
issues. #6 Comment: He would
#4 A. There could be like to get the property
additional requirements as owners involved as others
indicated in the proposed have testified.
ordinance column.
#5 A. A letter has been sent
out to all the vacant building
property owners inviting
them to this meeting and
indicating there have been
two meetings addressing
vacant structures.
#6 A. Same as #5
Agree 19 #1 A. Section 11 48 040 #1 Comment: He would Council
has been changed to reflect a like to have the property member Ron
required annual inspection owners of any vacant Bondlender
by a professional qualified buildings have a required
person. annual inspection of their
#2 A. YMC 11 10 provides boarded up property
many similar requirements #2 Comment: He would
that 11 48 requires however, like to an explanation of
once the structure is boarded the difference between
up there is no maintenance YMC 11 10, Uniform
standard, inspection of the Code for the Abatement
14
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
building official before the of Dangerous Buildings
structure can be occupied, and this new ordinance
civil infraction, or #3 Comment: There
appearance requirements. should be a review of this
The Uniform Code for the ordinance in one year to
Abatement of Dangerous see how effective the
Buildings provides authority ordinance has been.
if the structure is an
imminent dangerous #4 Comment: After one
building. Otherwise the year the need to place a
owner can board up the time limit on the vacant
structure even if it is structures.
dangerous and Just leave it in
that manner There is no
maintenance standard,
inspection of the building
official before the structure
can be occupied, civil
infraction, or appearance
requirements.
#3 A. The review in one
year will be put into the
legislation.
#4 A. This will be reviewed
and placed on the agenda at
the one -year review
15
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
COMMENTS FROM MARCH 16, 2004 CITY COUNCIL PUBLIC HEARING
03/16/2004 1 #1 A. The March 2 ❑d #1 Comment. She was Lynne
Council meeting was a under the impression that Kittelson
public hearing. the last meeting was a read a
#2 A. This ordinance Public meeting or Public statement
provides accountability and Hearing? by Mary
requires the owner to take #2 Comment: What is Harris
responsibility for their the answer to the vacant
property building problem, is it real
#3 A. This ordinance does estate speculation, poor
not address vacant lots. property maintenance or
lack of code enforcement?
#4 A. This ordinance does
not address vacant lots. #3 Comment: She
indicated this is a 30 -year
#5 A. No response. problem. There has been
#6 A. The ownership is money thrown at the
part of 5 separate problem and the problem
individuals. is still not solved. There
are vacant land or lots in
her neighborhood.
#4 Comment: Because the
problem is not solved a
vacant lot is still a vacant
lot and not a solution.
#5 Comment: There is a
lot on 4 and "D" that is
Just a hole in the_ ground.
A historic house was
taken down and still is a
vacant lot.
#6 Comment: Were those
16
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE I TEMS ADDRESSED FROM TESTIMONY
lots condemned by the
City of owned by the
City?
03/16/2004 2 #1 A. There are additional #1 Comment: Not Robert
ordinances that address necessarily opposed to Owen
"unfit buildings" and this legislation. He asked
"dangerous buildings" about this problem of
#2 A. This ordinance boarded up buildings in
provides additional tools to early 1990's and was told
address vacant and boarded legislation was in place to
up buildings address these buildings.
#3 A. The inspection #2 Comment: If I as told
element provides security legislation was in place
that the building will not then more is not better If
deteriorate more than it you are not going to
already has and maintain enforce what you already
code compliance. have and not Just
selectively enforce on a
#4 A. This ordinance complaint driven basis.
provides protection so all
utilities are connected #3 Comment: The annual
properly and the structure is inspection of these vacant
safe buildings is your going to
wait for someone to
complain before you
inspect. Then after the
building is all boarded up
so no one can get in then
your going to inspect the
building.
#4 Comment: Then if
someone wants to use the
building then they have to
17
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FRO M TESTIMONY
come to you and get
permission. More is not
better
03/16/2004 3 #1 A. No response #1 Comment: He Don
#2 A. The intent of this indicated that he owns Hinman —
ordinance is to be proactive. property in all the areas Member of
that have boarded up the
#3 A. The intent of this houses. Landlord
ordinance is to be proactive Association
#2 Comment: It is hard to
#4 A. No response rent to good tenants when
#5 A. At this time ONDS you have boarded up
can provide help with first buildings and that type of
time buyers and also thing going on.
provide additional resource Commend the City
contacts Council for taking a
proactive stands dealing
#6 A. No response. with this problem.
#7 A. Annual inspections #3 Comment: People
provide an opportunity to who take care of their
ensure the property is property make real good
maintained and does not neighbors. We really can't
deteriorate any farther be proactive until
#8 A. The owner is everyone gets on board
required to have an annual and starts taking care of
inspection performed by a their property The City
professional to maintain government must take a
code compliance. proactive stands and stay
these things are wrong.
#4 Comment: Young
people are receiving a
message that it is ok to
graffiti The message right
18
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
now is that people really
don't care about their
property and it is ok to
graffiti and other things.
#5 Comment: The
landlord association has
discussed about the
problem of boarded up
houses with the State
legislators to help with
state funds, such as
forgiveness of property
taxes, and/or low cost
loans to fix the property
#6 Comment: He
indicated he was involved
in the saving of the Richie
house Reasons go
involved was because that
house was threaten to be
torn down.
#7 Comment: Don
indicated that even houses
that appeared to be
secured had people
squatting in them and this
is another reason why
there needs to be an
annual inspection for all
vacant buildings.
#8 Comment: The
19
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
property owner should be
responsible for their
property and the citizens
of Yakima should not
have to pay for the annual
inspections.
03/16/2004 4 #1 A. No response. #1 Comment: She has Phyllis
#2 A. No response been doing lot of research, Musgrove
checking parcels.
#3 A. If a structure is
allowed to be unsecured #2 Comment: She used to
then that structure would live on Cherry Street and
need to be boarded up to a lot of activity is going
prevent illegal entry on in this area with these
houses.
#4 A. This ordinance only
addresses the security of #3 Comment: Not every
vacant buildings. house needs to be
inspected or not every
#5 A. No response since house an eyesore.
this is a Council's decision.
#4 Comment: There are
#6 A. No response since many houses that look
this is a Council's decision. way worse than some of
#7 A. No response since these boarded up houses
this is a Council's decision #5 Comment: She
#8 A. The ordinance indicated she does not
provides the owner to have think Council should act
an annual inspection at the until all questions are
owners expense to maintain answered.
code compliance #6 Comment: The City
#9 A. The ordinance Council needs to hear ever
requires the owner of a issue that a citizen has
vacant structure to maintain then is only when you
20
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
the property so it does not should vote on this issue
deteriorate any further and People were limited to
maintain code compliance three minutes March 4
#10 A. This ordinance's and today people are
intent is not to acquire limited again and we can't
property, but to have the bring up all our questions
owners address the issues a and problems in three
vacant building attracts minutes.
because no one is around. #7 Comment: Everyone
#11 A. The staff will be wants our town to look
happy to work with owners nicer and our
to bring the vacant building neighborhoods cleaned up
into compliance. and that's not an issue
As City Councilmember's
who ran and promised to
listen to the people you
should take the time and
not vote today but listen
to the every question that
every question every
person has.
#8 Comment: Take the
time to listen and on some
of the questions, such as
inspection it could take a
whole hearing on the
issue. She doesn't thing a
building needs to be
inspected every year not
anything wrong with the
building. Should be
inspected by the city
21
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE OF THE ITEMS ADDRESSED FROM TESTIMONY
inspector Lets really
study this issue and
understand what you are
doing to the people who
own these properties.
#9 Comment; She would
like to know if the plan is
to make our
neighborhoods look
better? If question is
cleaning up our
neighborhoods, then what
the property looks like on
the outside should be the
only issue.
#10 Comment: Is
this plan to acquire the
property of others?
#11 Comment:Make sure
that there is a sufficient
time for the owners to
fulfill each new code
requirement.
03/16/2004 5 #1 A. No response #1 Comment: President David
#2 A. No response of the landlord McDonnell
association. (Corrected
#3 A. The ordinance #2 Comment: Support the from last
requires the owner to have code amendment change meeting)
an annual inspection at the
owners expense to maintain from "cut to fit" to "cut to
code compliance. completely cover the
opening.
#4 A. The Council's intent
22
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
from the beginning has been #3 Comment: He
to have the building brought indicated that the
back into use. Landlord Association was
#5 A. The city always taking back by the annual
wants to work with any inspection. Requiring
organization for the inspections by engineers
betterment of the City or licensed consultants
suggests bureaucratic
arrogance by those in
power Support the
original proposal of
inspections by owners.
#4 Comment: Hope that
the Council's goal is to
get these buildings back
into living condition and
not into rules.
#5 Comment: Landlord
Association would like to
work with the City
03/16/2004 6 #1 A. No response since #1 Comment: Concerns Benine
this is a Council's decision. that you will make a McDonnell
#2 A. The changes were a decision today and this is
result of testimony and to hastily put together
capture the City Council's #2 Comment. The
intent. ordinance today is
#3 A. The affected different than the one on
property owners were to be March 2 °d Change by
notified because of amendment based on the
suggestions during hearing When and why
testimony at the March 2 nd was this procedure
23
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
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COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
meeting. changed?
#4 A. The estimated #3 Comment:
budget was projected using Notification of the
the cost of 5 structures if people, why was there a
they were condemned or delay Isn't there is a
purchased. certain amount of time to
#5 A. The ordinance was be notified? The affected
changed for the March 16tH property owners should
meeting to allow buildings have the ability to respond
properly secured to be "cut after study
to completely cover the #4 Comment: She
opening." indicated she was
#6 A. The ordinance concerned about the
provides the owner to have spending of tax money for
an annual inspection at the these homes and
owners expense to maintain concerned about the
code compliance current budget $181,500
to be spent. Concerned
#7 A. The City uses the that additional money will
County Assessor's records come out of the
for determining ownership contingency and reserve
However, there are times funds.
when the owner cannot be
found or has passed away #5 Comment:
Grandfathering
building that is properly
boarded with secure
overlapping boards where
cut to fit is not practical
#6 Comment: She objects
to have owners of vacant
building must have their
24
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
building inspected by a
licensed engineer or
consultant. The original
proposal of owner
inspection is adequate.
#7 Comment: Privacy
laws prevent the City
finding out who the
identity of owners.
03/16/2004 7 #1 A. Any building that is #1 Comment: She Bev Lubv
opened to illegal entry indicated that she was Bartz
would need to be secured. concerned about the
When the owner secures the definition of "Vacant
house then they must follow Buildings" "Is it any
the rest of the code to building that has been
maintain code compliance. lived in ?"
The Code Administration #2 Comment: How is the
and Planning Division will building classified if it is
work very closely with the empty and the ones that
owner of the property to are for rent or sale?
gain compliance.
#2 A. The Building Code
is used to determine what
the occupancy a building is
based on how the building
is used.
03/16/2004 8 #1 A. No response. #1 Comment: She own Susan
#2 A. This ordinance 30 to 40 apartment on the Erickson
addresses vacant buildings. east side of town and has
not had any tenant who
#3 A. This ordinance said they don't want to
addresses vacant buildings. lived here because of the
25
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
#4 A. This ordinance boarded up houses.
addresses vacant buildings. #2 Comment: She has a
problem with all the
graffiti
#3 Comment: Her tenants
have complained about
vandalized cars in these
areas
#4 Comment: If the City
would put their resource
into Graffiti and
Vandalism the City would
not have to worry about
board up houses.
03/16/2004 9 #1 A. No response #1 Comment: He agrees Alonzo
#2 A. No response with Susan Erickson. Marquez
#3 A. No response. #2 Comment: The
neighborhoods in these
#4 A. No response areas are going down hill
#5 A. Owners are not because the lack of
required to board up their response from the police
house as long as it is keep #3 Comment: He stated
from illegal entry and the that he has called the
building remains secured. police and their response
#6 A. This ordinance is that they have better
addresses vacant buildings. things to do The kids
know that the police can't
#7 A. This ordinance does do anything.
not generate money, but
may cost more money than #4 Comment: Boarding
the City will recover if up houses is causing all
abatement rnctc nrriir the problems of the kids
26
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
abatement costs occur and graffiti.
#8 Comment: No response #5 Comment: Owners
don't have choices but to
board up houses. Kids
break windows with
rocks.
#6 Comment: Why are
you talking about passing
another ordinance you are
not going to enforce?
Why not dust enforce the
ordinance of graffiti and
you won't have to pass
another ordinance?
#7 Comment: You are
just worried about closing
up houses so you can get
more tax dollars and
collect more fees for
inspectors. You can
inspect all you want and
isn't going to happen.
#8 Comment: The City
should be enforcing the
laws we already have
03/16/2004 10 #1 A. No response #1 Comment: She has Lynne
#2 A. All property owners done some homework on Kittelson
affected by this ordinance this issue.
have been set a letter #2 Comment: She was
inviting them to the April concerned about the
13 meeting and provide a number of people who did
27
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
copy of the ordinance not get notified regarding
#3 A. RCW 35 80 does not the ordinance
provide the opportunity to Particularly the people out
abate vacant buildings that of town.
do not meet the unfit #3 Comment: She stated
condition. at the last hearing the
#4 A. The owner is CRB empowered to deal
required to get an annual with the problems you are
inspection to maintain code talking about. This same
compliance code provides direction
for boarding up houses
#5 A. No response. that are vacant. Either
#6 A. This ordinance they are board up
applies to the entire City correctly or incorrectly
and would be enforced She indicated that the
equally across the City CRB code is sufficient to
address this issue.
#7 A. The owner has a
financial responsibility, #4 Comment: The annual
which is equal to the inspection is narrowly
neighbors who also have a directed, discriminatory
financial responsibility action for a select number
of our citizens designed to
#8 A. This ordinance be punitive
places responsibility on the
owner and the city will help #5 Comment: The
in ever - possible way inspection by a
professional person will
#9 A. This ordinance cost $225 to $400
addresses vacant buildings.
#6 Comment: This
#10 A. No response. ordinance appears to be
#11 A. No response and this focused on specific
is a Council decision. neighborhoods and
28
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
#12 A. No response. adversely affects our
historical houses.
#7 Comment: The new
ordinance will be a
financial burden on
people who can't afford it.
#8 Comment: Why not
take the large amount of
money this legislation will
cost in enforcement and
create a revolving loan
fund to help rehab these
houses.
#9 Comment: She
wants the "junky looking
of our neighborhoods.
#10 Comment: She
indicated she endorses the
City of Selah's ordinance
and indicates this
ordinance goes after the
people who have the
junky look in a
meaningful way
#11 Comment: She
would like to have the
task force that was used in
setting up the CRB
process used for this
ordinance
#12 Comment: The
29
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE I TEMS ADDRESSED FROM TESTIMONY
fast track method of
handling this issue is
unwarranted. She would
like the rush of this
ordinance to be
reconsidered.
03/16/2004 11 #1 A. No response #1 Comment: He is not in Jason Dills
#2 A. No response. favor of this ordinance.
#3 A. No response #2 Comment: The City
did not have a packet
#4 A. This ordinance when he came down to
addresses vacant buildings. pick it up as advertised.
#3 Comment: He then
came down to pick up a
packet again and did not
have the packet again.
#4 Comment: He could
care less about boarded up
houses, but feels strongly
about graffiti.
03/16/2004 12 #1 A. We presently have #1 Comment: He feels Mike
an ordinance that addresses the abandon vehicles need Murphy
abandon vehicles and in to be addressed.
2003 we processed #2 Comment: He stated
approximately 661 vehicles. that in California for an
#2 A. There is an abandon vehicle or when
infraction element built into a vehicle in on the lawn
this ordinance there is a $95 fine We
#3 A. No response. need to have some thing
in law that this is going to
happen we are going to
30
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
still have this problem.
#3 Comment: Going
down the toilet.
03/16/2004 13 #1 A. No response #1 Comment: She has Mary
#2 A. No response. been in the South East McDaniels
Yakima area since 1988
#3 A. No response. and seen more boarded up
#4 A. This has been the houses than graffiti
goal of the City Council #2 Comment: Council
from the beginning. needs to be commended
#5 A. No response. for bring this ordinance
forth.
#6 A. No response
#3 Comment: The city
needs to do something.
She urged the City
Council to pass this
ordinance.
#4 Comment: She has
heard the goal is to bring
these houses up to code
and livable conditions.
Your goal is not to tear
them down.
#5 Comment: Support
Historical preservation
and get rid of the graffiti.
#6 Comment: The City is
going in the right
direction and this is
positive.
31
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
03/16/2004 14 #1 A. No response #1 Comment: She Danna
#2 A. This ordinance indicated she does not Brooks
addresses vacant buildings. care about the boarded up
buildings.
#2 Comment: She stated
she cares about addressing
all the graffiti on
buildings.
03/16/2004 15 #1 A. No response. #1 Comment: The Jude Doty
#2 A. No response. primary reason these
buildings exist is because
#3 A. No response. of the heavy regulations
#4 A. No response the Codes department put
the property owners in a
#5 A. No response. negative way
#6 A. No response. #2 Comment: Doug
#7 A. No response. Maples just a couple of
weeks ago made a
statement of the Court that
we control if there is a
need to do any work is
allowed in the interior of a
building a building permit
is required.
#3 Comment: Excessive
control was a cause of the
delay on the 45 Street
project, because of the
harassment and over
regulation by the Codes
officials.
32
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
#4 Comment: He and
others have been targeted
for selectively
enforcement.
#5 Comment. Joe Caruso
said that securing
buildings against
unauthorized entry is a
major focus of my efforts
#6 Comment: Bottom
line is nothing but control
and comes right out of
Doug's mouth.
#7 Comment: Brought to
the attention of the codes
70 buildings sites under
construction that were not
secured.
03/16/2004 16 #1 A. No response. #1 Comment. Yakima Maud Scott
#2 A. This ordinance Herald Paper article about read
allows equal protection of vacant buildings. statement
property owners adjacent to #2 Comment: Does this by Martin
any vacant building. mean that property Chacon
#3 A. The property owners owners are a bunch of
have been invited to attend losers and lose their
the Council meeting to Constitutional rights to
express their position. own property?
#4 A. No response #3 Comment: What
happen to all the meetings
#5 A. This ordinance has so the east and northeast
not been voted on. area could voice their
33
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
#6 A. No response.
03/16/2004 17 #1 A. No response #1 Comment: She Salome
#2 A. This ordinance represents the historical Valencia
addresses vacant buildings. houses on the east side
#3 A. No response #2 Comment: She
indicated that she feels the
#4 A. There will be a City is attacking the
meeting on April 13 neighborhood with this
ordinance.
#3 Comment: There are
houses on North 3 to D
and 4 to D that they are
trashed. She feels that the
taxpayers pay you to do
more valuable with your
time.
#4 Comment: She would
like another meeting to
discuss this issue
34
MINIMUM STANDARDS FOR REGULATING VACANT STRUCTURES
PUBLIC COMMENT AT PUBLIC HEARING
COMPLETE LIST OF THE ITEMS ADDRESSED FROM TESTIMONY
03/16/2004 18 #1 A. No Response #1 Comment. He Rodoffo
#2 A. No response indicated he was a student Mordaca
at Davis High School.
#3 A. No response. #2 Comment: He stated
#4 A. No response. he worked 246 hours on
#5 A. No response. the Ida Powell house last
summer
#6 A. No response.
#3 Comment: He helped
with the removal of
graffiti
#4 Comment: He
indicated that the Ida
Powell house was going
to be used for children
arts and learning center
#5 Comment: He
indicated that YVTEC
would be using the Ida
Powell house as a training
site.
#6 Comment: He would
like the City council to
help provide water and
sewer because there is no
sewer or water to the Ida
Powell house.
35