HomeMy WebLinkAbout2001-050 Amendments to Chapter 11.10 Regulating the Community Review Board ORDINANCE NO. 2001 -50
AN ORDINANCE relating to neighborhood conservation and the fitness of dwellings,
buildings, structures and other premises for human habitation and
other purposes and providing for amendments to Yakima Municipal
Code sections 11.10.010, .020, .030, .040, .050, .060, .100, .120, .150, .200,
.210, .230, .310, .320, .330, .400, .410, .500, .510, .600, .610, and repeal of
Yakima Municipal Code section 11.10.220
WHEREAS, over one year ago the City enacted chapter 11.10 of the Yakima Municipal Code to
implement the process and to acquire and exercise the powers authorized by chapter 35.80
RCW to address dwellings that are unfit for human habitation, and buildings, structures, and
premises, or portions thereof, that are unfit for other uses, due to dilapidation, disrepair,
structural defects, defects increasing the hazards of fire, accidents, or other calamities,
inadequate ventilation and uncleanness, inadequate light or sanitary facilities, inadequate
drainage, overcrowding, or due to other conditions that are harmful to the health, safety, and
welfare of the residents of the City; and
WHEREAS, the City has, particularly through the generous and diligent efforts of community
members who have volunteered their time to serve on the Community Review Board
established under chapter 11.10 YMC, successfully exercised the powers authorized by chapter
35.80 RCW and has improved conditions on many properties unfit for human habitation and
other purposes, and has at the same time gathered experience that enables the City to identify
opportunities to strengthen and improve neighborhood conservation; and
WHEREAS, it is in the best interests of the City to enact the following changes to chapter 11.10
of the Yakima Municipal Code; now therefore
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
1 Chapter 11.10 NEIGHBORHOOD CONSERVATION
2 Section 1. Section 11.10.010 of the Yakima Municipal Code is amended to read as
3 follows:
4 11.10.010 Findings and Purpose
5 There exist within the City of Yakima dwellings that are unfit for human habitation, and
6 buildings, structures, and premises, or portions thereof, that are unfit for other uses, due
7 to dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
8 accidents, or other calamities, inadequate ventilation and uncleanness, inadequate light
9 or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions that
10 are harmful to the health, safety, and welfare of the residents of the City.
11 The purpose of this chapter is to implement the process and to acquire and exercise the
12 powers authorized by chapter 35.80 RCW to address conditions such as those described
13 above that render dwellings, buildings, structures, and premises in the City unfit for
14 human habitation and other uses.
15 Section 2. Section 11.10.020 of the Yakima Municipal Code is amended to read as
16 follows:
17 11.10.020 Emergencies
18 The provisions of this chapter shall not prevent the Director or any other officer
19 of the City of Yakima or any other governmental unit from taking any other
20 action, summary or otherwise, necessary to eliminate or minimize an imminent
21 danger to the health or safety of any person or property.
22 Section 3. Section 11.10.030 of the Yakima Municipal Code is amended to read as
23 follows:
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24 11.10.030 Other Powers Reserved
25 Nothing in this chapter shall be construed to abrogate or impair the powers of
26 the courts or of any department of the City to enforce any provisions of its
27 charter or its ordinances or regulations, or to prevent or punish violations
28 thereof. The powers conferred by this chapter shall be in addition and
29 supplemental to the powers conferred by any other law.
30 Nothing in this chapter shall be construed to impair or limit in any way the
31 power of the City of Yakima to define and declare nuisances and to cause their
32 removal or abatement, by summary proceedings or otherwise.
33 Section 4. Section 11.10.040 of the Yakima Municipal Code is amended to read as
34 follows:
35 11.10.040 Permit Required
36 Any work, including construction, repairs or alterations performed under this
37 chapter to rehabilitate or repair any Subject Property shall be subject to
38 applicable permit provisions of this Code.
39 Section 5. Section 11.10.050 of the Yakima Municipal Code is amended to read as
40 follows:
41 11.10.050 Penalties
42 It shall be unlawful and a violation of this chapter to knowingly:
43 (1) Occupy or suffer to be occupied any Subject Property ordered vacated pursuant
44 to this chapter; or
45 (2) Fail to comply with any order issued pursuant to this chapter; or
46 (3) Obstruct any officer or agent of the City of Yakima or other governmental unit in
47 the enforcement of this chapter; or
48 (4) Remove, deface, obscure or otherwise tamper with any notice posted under this
49 chapter.
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50 Violation of this chapter is a gross misdemeanor.
51 Section 6. Section 11.10.060 of the Yakima Municipal Code is amended to read as
52 follows:
53 11.10.060 Definitions
54 Unless specifically defined below or unless context clearly requires a different
55 meaning, terms used in this chapter shall have the meaning given them by the
56 currently adopted edition of the Uniform Building Code. Gender and number
57 shall be interchangeable. Defined terms or concepts from Titles 11,12, 14, and
58 15 of this Code shall apply generally to this chapter.
59 (1) "Abandoned" refers to any property, real or personal, which is unattended and
60 either open or unsecured so that, in the case of real property, admittance may be gained
61 without damaging any portion of the property, or which reasonably appears not to be
62 presently possessed by any person. Examples of real or personal property that may
63 reasonably appear abandoned include, without limitation, dwellings, buildings,
64 structures, and other premises where utilities are disconnected, debris is accumulated,
65 uncleanness or disrepair is evident, or where items of personal property are located in
66 places where such items are not normally kept or used.
67 (2) "Abatement" means the correction or elimination of conditions that
68 render dwellings unfit for human habitation, or that render buildings, structures,
69 and premises, or portions thereof, unfit for other uses.
70 (3) "Appeal Decision - Maker" means either the City Council or the Hearing
71 Examiner, whichever is chosen by the owner or party in interest to hear an appeal under
72 this chapter.
73 (4) "Board" means the Community Review Board established under this chapter,
74 particularly under sections 11.10.400 and 11.10.410 YMC.
75 (5) "Boarded -Up Building" means any unoccupied building the exterior
76 openings of which are closed by extrinsic materials or devices installed on a
77 long -term, rather than brief temporary basis, giving to the building the
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78 appearance of non - occupancy or non -use for an indefinite period of time. YMC
79 11.10.230 provides criteria that regulate how dwellings, buildings, and structures
80 may be properly secured against unlawful entry, and otherwise maintained
81 consistent with public health, safety and welfare and the provisions and
82 purposes of this chapter.
83 (6) "Building" means any building, dwelling, structure, or mobile home, factory -
84 built house, or part thereof, built for the support, shelter, or enclosure of persons,
85 animals, chattels or property of any kind.
86 (7) "City Council" means the City Council of the City of Yakima.
87 (8) "Costs" means the City's actual expenses incurred to correct illegal conditions
88 pursuant to the provisions of this chapter plus the administrative fee provided herein.
89 (9) "Director" means the Director of Community and Economic Development, or
90 his /her designee.
91 (10) "Health Officer" means the head of the Yakima District Health Department, or
92 his /her authorized deputies or representatives.
93 (11) "Imminent Danger" means an immediate exposure or liability to injury, harm or
94 loss.
95 (12) "Interested Person" means any person entitled to notice of a notice and order
96 issued by the Director under section 11.10.320 YMC.
97 (13) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a
98 nuisance at common law, either public or private; (c) an attractive nuisance,
99 whether in or on a building, a building premises or an unoccupied lot and
100 whether realty, fixture or chattel, which might reasonably be expected to attract
101 children of tender years and constitute a danger to them, including, but not
102 limited to, abandoned wells, ice boxes or refrigerators with doors and latches,
103 shafts, basements or other excavations, abandoned or inoperative vehicles or
104 other equipment, structurally unsound fences or other fixtures, lumber, fencing,
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105 vegetation or other debris; (d) uncleanness or whatever is dangerous to human
106 life or detrimental to health; (e) overcrowding; or (f) abandonment or vacancy.
107 (14) "Owner" means any person having any interest in the real estate in question as
108 shown upon the records of the office of the Yakima County Auditor or the office of the
109 Yakima County assessor, or who establishes his /her interest before the Director, Board,
110 or City Council. For the purpose of giving notice, the term "owner" also includes any
111 person in physical possession.
112 (15) "Party In Interest" means any person entitled to notice of a notice and
113 order issued by the Director under section 11.10.320 YMC.
114 (16) "Person" means natural person, joint venture, joint stock company, partnership,
115 association, club, company, corporation, business trust, organization, or the manager,
116 lessee, agent, servant, officer or employee of any of them.
117 (17) "Repeat Violation" means a violation by the same person of the same regulation
118 in any location for which voluntary compliance has been sought within two (2) years, or
119 for which a Notice and Order has been issued within two (2) years.
120 (18) "Subject Property" means the dwelling, building, structure or premises that are
121 the subject of investigation or an enforcement action pursuant to this chapter.
122 Section 7. Section 11.10.100 of the Yakima Municipal Code is amended to read as
123 follows:
124 11.10.100 Duties of the Director
125 The Director is the chief administrative officer for the purposes of this chapter.
126 The Director's duties and powers include:
127 (1) Investigation of all dwellings, buildings, structures or premises the Director,
128 pursuant to this chapter, has reasonable grounds to believe are unfit for human
129 habitation or other purposes;
130 (2) Preparation, service and posting of notices and orders according to the
131 provisions of this chapter regarding Subject Properties that he /she has reasonable
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132 grounds to believe, pursuant to this chapter, are unfit for human habitation or other
133 purposes; and
134 (3) Doing all things necessary and proper to carry out and enforce this chapter.
135 Section 8. Section 11.10.120 of the Yakima Municipal Code is amended to read as
136 follows:
137 11.10.120 Duties of the Board
138 The Board shall, pursuant to the provisions of this chapter:
139 (1) Conduct administrative hearings pursuant to YMC 11.10.400 to consider notices
140 and orders issued by the Director together with such other evidence as may be received
141 from the Director or other interested parties and persons, and, where appropriate, to
142 confirm, modify, or disconfirm such notices and orders by written decision; and
143 (2) Do all things necessary and proper to carry out and enforce this chapter.
144 (3) Annually select one member to serve as Chair and another to serve as
145 Vice -Chair of the board.
146 Section 9. Section 11.10.150 of the Yakima Municipal Code is amended to read as
147 follows:
148 11.10.150 Rules and Regulations
149 The Director and Board may establish such rules and procedures as may
150 reasonably and fairly administer the provisions and achieve the purposes of this
151 chapter and do substantial justice. The Director and Board shall recognize and
152 give appropriate effect to special and extenuating circumstances which, in order
153 to do substantial justice in specific cases, warrant the exercise of discretion to
154 adjust the timeframes, standards, and other provisions of this chapter. Examples
155 of circumstances that may warrant such exercise of discretion include, without
156 limitation, medical illness or disability affecting a property owner's or other
157 responsible person's ability to respond to orders or appear at hearings, and bona
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158 fide insurance coverage disputes that create a definite risk that enforcement of
159 this chapter would unfairly result in a substantial economic loss to the property
160 owner.
161 The Director and the Board are authorized to exercise such powers, consistent
162 with the provisions of this chapter, as may be necessary or convenient to
163 reasonably and fairly achieve the purposes of this chapter. These powers shall,
164 without limitation, include the following in addition to others herein granted:
165 (a)(i) To determine, subject to the provisions of this chapter, which dwellings
166 within the City are unfit for human habitation; (ii) to determine, subject to the
167 provisions of this chapter, which buildings, structures, or premises are unfit for
168 other uses; (b) in the case of the board, to administer oaths and affirmations,
169 examine witnesses and receive evidence; and (c) to investigate dwellings,
170 buildings, structures, or premisesthat may violate the provisions of this chapter.
171 When authorized by consent of the owner or other party in possession of a
172 Subject Property, or if consent to enter either cannot be requested because the
173 owner or party in lawful possession is not available, or is refused or revoked,
174 when authorized by judicial warrant or other legal authority, the Director may
175 enter upon Subject Properties either to investigate violations or to enforce the
176 provisions of this chapter. During such entries the Director shall take reasonable
177 steps to minimize inconvenience to persons in lawful possession of the Subject
178 Property.
179 Section 10. Section 11.10.200 of the Yakima Municipal Code is amended to read as
180 follows:
181 11.10.200 Determination of Unfitness
182 The Director, after preliminary investigation, or the Board after the hearing
183 provided in this chapter, or when acting on appeals under this chapter the City
184 Council or Hearing Examiner may determine that a dwelling, building, structure,
185 or premises are unfit for human habitation or other use if the Director or the
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186 Board finds that conditions exist in such dwelling, building, structure, or
187 premises that are dangerous or injurious to the health or safety or welfare of the
188 occupants of such dwelling, building, structure, or premises, the occupants of
189 neighboring dwellings, or other residents of the City.
190 Section 11. Section 11.10.210 of the Yakima Municipal Code is amended to read as
191 follows:
192 11.10.210 Standards for Determination of Unfitness
193 In determining that a dwelling, building, structure, or other premises is unfit for human
194 habitation or other uses, the Director, Board, or when acting on appeals under this
195 chapter the City Council or Hearing Examiner shall consider: (a) dilapidation,
196 (b) disrepair, (c) structural defects, (d) defects increasing the hazards of fire, accidents or
197 other calamities, such as parts standing or attached in such manner as to be likely to fall
198 and cause damage or injury, (e) inadequate ventilation, (f) uncleanness, (g) inadequate
199 light, (h) inadequate sanitary facilities, (i) inadequate drainage, (j) substandard
200 conditions, (k) other conditions that affect the fitness of the building or premises for
201 human habitation or other purposes.
202 Section 12. Section 11.10.220 of the Yakima Municipal Code is repealed.
203 Section 13. Section 11.10.230 of the Yakima Municipal Code is amended to read as
204 follows:
205 11.10.230 Security of unoccupied dwellings, buildings, structures or
206 premises.
207 (1) The Director, or his /her designee, may determine whether or not any
208 unoccupied dwelling, building, structure, premises, or portion thereof ( "Subject
209 Property ") is unfit for human habitation or other purposes because:
210 (a) It is not secure against unauthorized entry by children, criminals,
211 or other persons.
212 (b) It is not secure against infestation by insects or animals.
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213 (c) It is not secure against deterioration as a result of exposure to
214 vandalism, weather, or the elements.
215 (d) It is inadequately maintained and repaired as evidenced by broken
216 windows, overgrown vegetation, graffiti, or other conditions.
217 (2) In making this determination the Director, or his /her designee, shall
218 consider and document with photographs and / or written accounts the factors
219 that in his /her judgment reasonably bear on the determination, including
220 without limitation:
221 (a) The physical condition of the Subject Property and whether it
222 reflects ongoing maintenance and repair, including the presence of broken
223 windows or evidence of vandalism, overgrown vegetation, the presence of
224 insect or animal pests, deterioration due to weather or exposure to the
225 elements, and whether graffiti, if any, is painted over promptly.
226 (b) How long the Subject Property has been unoccupied.
227 (c) Whether the Subject Property is being actively marketed for sale or
228 lease.
229 (d) Other facts that demonstrate that the Subject Property already has
230 been, or that affect the likelihood that it will be, subject to hazards and
231 circumstances contrary to the health, safety, and welfare of the public.
232 (e) Other considerations prescribed by this chapter.
233 (3) In addition to any other powers authorized by this chapter, the Director,
234 or his /her designee, is authorized to order the owner of and other persons
235 responsible for any Subject Property determined to be unfit for human habitation
236 or other purposes under this section to perform any or all of the following on or
237 before a stated compliance deadline:
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238 (a) Secure all exterior openings of the building by minimum 1/2-inch
239 plywood cut to fit the opening and fastened to the building by minimum
240 11/4-inch long Sheetrock screws at 6 inches on center around said openings,
• 241 or upon written request by owner of the property, by such alternative
242 materials and or methods as the Director, or his /her designee, may
243 determine are adequate to make the dwellings, buildings, structures,
244 premises, or portions thereof weather -tight and to ensure that it is secure
245 against unauthorized entry.
246 (b) To disconnect all utilities including electricity, gas and water.
247 (c) To remove any graffiti and to keep the Subject Property free of
248 graffiti.
249 (d) To maintain the premises generally free of any vegetation or other
250 matter that may constitute a nuisance or a fire hazard.
251 (4) Orders of the Director, or his /her designee; issued under this section may
252 be modified from time to time in response to new information or changed
253 circumstances regarding the dwelling, building, structures, premises, or portion
254 thereof.
255 (5) The Director, or his /her designee, shall routinely monitor compliance of
256 any unoccupied dwelling, building, structures, premises, or portion thereof that
257 has been the subject orders issued under this chapter, and shall formally inspect
258 and document the condition of such Subject Property at least once every six
259 months while the dwelling, building, structure, or premises remains unoccupied.
260 Section 14. Section 11.10.310 of the Yakima Municipal Code is amended to read as
261 follows:
262 11.10.310 Notice and Order, Contents
263 If, after preliminary investigation, the Director determines that a dwelling, building,
264 structure, or other premises is unfit for human habitation or other uses, the Director
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265 shall serve, according to the provisions of section 11.10.320 YMC, a notice and order that
266 shall state, identify, or describe:
267 (1) The Subject Property including at least the property address and County
268 Assessor's Tax Parcel Number.
269 (2) The conditions on the subject property that are illegal and that render one or
270 more dwellings, buildings, structures there, or the premises unfit for human habitation
271 or other use;
272 (3) What must be done to correct such illegal condition(s);
273 (4) The deadline for correction of such condition(s), which will allow a reasonable
274 time for correction and will be set 48 hours before the matter will be presented at a
275 meeting of the Board;
276 (5) The costs or administrative fees that may be charged to the owner as a
277 consequence of the described illegal conditions;
278 (6) The place and date, which shall be not less than 10 nor more than 30 days after
279 the notice and order is served, where and when the matter will be presented to the
280 Board, when the Board will be requested to:
281 (a) Confirm the Director's determination of unfitness;
282 (b) Authorize the City to proceed to abate the described illegal
283 conditions on the Subject Property if such conditions are not corrected
284 before the deadline or otherwise corrected by the property owner or other
285 responsible party;
286 (c) Confirm that the owner shall pay administrative fees plus the costs
287 incurred by the City, through the date of the Board's confirmation of the illegal
288 conditions, together with such costs as the City reasonably subsequently incurs
289 to abate the illegal conditions and administrative fees for such subsequent
290 abatement.
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291 (7) That all parties in interest shall be given the right to file an answer to the notice
292 and order, to appear in person, or otherwise, and to give testimony at the time and place
293 for the Board's review stated m the notice and order;
294 (8) The City's policy that the Director may waive the City's costs and /or
295 administrative fees for a first offense if the illegal conditions are corrected at least 48
296 hours prior to the Board hearing;
297 (9) Invite the owner's cooperation and inform the owner of the City's policy that
298 first offenders may negotiate a voluntary correction agreement consistent with the
299 provisions of section 11.10.330 YMC in which, among other things, the owner:
300 (a) Admits that the illegal condition(s) exist(s);
301 (b) Promises to correct the illegal condition(s) by an agreed deadline
302 no more than 90 days from the original deadline;
303 (c) Is advised of his /her rights under the state and federal
304 constitutions to refuse consent to entry, to limit the scope of consent to
305 entry, and to withdraw consent to entry once given, and the owner
306 consents to entry on the Subject Property by the City or persons under
307 contract with the City to correct any illegal condition(s) that are not
308 corrected by the deadline;
309 (d) Agrees to pay the City's costs to abate the illegal conditions if the
310 owner fails.
311 (10) In the case of Subject Property lawfully occupied by someone other than the
312 owner, no voluntary correction agreement will be offered unless such persons lawfully
313 occupying the Subject Property also consent to entry by the City or persons under
314 contract with the City to correct the illegal condition(s) described that are not corrected
315 by the deadline.
316 (11) Advise the owner that if the illegal conditions are not corrected, the City may
317 pursue the matter further by civil and/or criminal enforcement, in addition to further
318 proceedings under this chapter;
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319 (12) Advise the owner of the City's policy that generally repeat offenders will be
320 prosecuted.
321 (13) Advise the owner and other interested persons of programs for assistance that
322 may be provided by the City, and such other programs and community resources as the
323 Director believes may assist the owner or others to correct the illegal conditions.
324 Section 15. Section 11.10.320 of the Yakima Municipal Code is amended to read as
325 follows:
326 11.10.320 Service of Notice and Order; Filing with County Auditor
327 If, after a preliminary investigation of any dwelling, building, structure, or
328 premises in the City of Yakima, the Director determines that it is unfit for human
329 habitation or other use, he /she shall cause to be served, either personally or by
330 certified mail, with return receipt requested, upon all persons having any interest
331 in the subject property, as shown upon the records of the Yakima County
332 Auditor's Office, and shall post at one or more conspicuous places on the subject
333 property, a copy of the notice and order stating, in accordance with the
334 provisions of section 11.10. 310, in what respects such dwelling, building,
335 structure, or premises is unfit for human habitation or other use. If the
336 whereabouts of any of such persons is unknown and the same cannot be
337 ascertained by the Director in the exercise of reasonable diligence, and the
338 Director makes an affidavit to that effect, then service of such notice and order
339 upon such persons may be made either by personal service or by mailing a copy
340 of the notice and order by certified mail, postage prepaid, return receipt
341 requested, to each such person at the address of the building or premises
342 involved in the proceedings, and mailing a copy of the notice and order by first -
343 class mail to any address of each such person in the records of the county auditor
344 for the county where the property is located. Such notice and order shall contain
345 a notice that a hearing will be held before the Board at a place therein fixed, not
346 less than ten days nor more than thirty days after the serving of said notice and
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347 order; and that all parties in interest shall be given the right to file an answer to
348 the notice and order, to appear in person, or otherwise, and to give testimony at
349 the time and place in the notice and order. The rules of evidence prevailing in
350 courts of law or equity shall not be controlling in hearings before the Board. .A
351 copy of such notice and order, or a notice of the enforcement action, shall also be
352 filed with the county auditor, and such filing of the notice and order or notice of
353 enforcement action shall have the same force and effect as other lis pendens
354 notices provided by law.
355 Section 16. Section 11.10.330 of the Yakima Municipal Code is amended to read as
356 follows:
357 11.10.330 Voluntary Correction Agreement
358 (1) The Director may execute a voluntary correction agreement with the owner of a
359 dwelling, building, structure, or other premises the Director determines is unfit for •
360 human habitation or other uses.
361 (2) A voluntary correction agreement is a contract between the City and the owner
362 in which the owner and any other person entitled to possession of the subject property
363 promise to correct the illegal conditions within a specified time and according to
364 specified conditions. The voluntary correction agreement shall include:
365 (a) The name and address of the owner of the subject property and any
366 other person bound under the contract, including all lessees or other
367 persons entitled to possess, use, or occupy the property with an
368 expectation of privacy;
369 (b) The street address and a legal description sufficient to identify the subject
370 property, such as the county assessor's tax parcel number;
371 (c) A description of the illegal conditions that render the Subject Property
372 unfit for human habitation or other uses, and a reference to the provisions of this
373 chapter or other regulation that has been violated;
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374 (d) The corrective action the owner and any others promise to complete, and
375 a date and time by which the corrective action must be completed;
376 (e) A stipulation by the owner that the illegal condition(s) identified in the
377 notice and order exist(s), and that the corrective actions specified in the
378 voluntary correction agreement are appropriate;
379 (f) Express consent to entry onto the Subject Property by City staff or
380 persons under contract with the City to ascertain compliance with the voluntary
381 correction agreement and /or to correct the illegal conditions described in the
382 notice and order in the event of material breach. Such consent shall reflect that
383 the City has presented a statement advising the property owner and any other
384 lawful possessor of his /her rights under the state and federal constitutions to
385 refuse consent to entry, to limit the scope of consent to entry, and to withdraw
386 consent to entry once given. This statement of rights and consent to entry must
387 be initialed by the property owner and other lawful possessor of the Subject
388 Property. The owner must stipulate that the City of Yakima may abate the illegal
389 condition(s) and recover costs and administrative fees as an assessment to the
390 owner and a lien on the property pursuant to this chapter in the event of a
391 material breach of the voluntary correction agreement;
392 (g) The costs and administrative fees to be paid and by whom;
393 (h) Permission by the owner and any lessee or other person entitled to
394 possess, use, or occupy the property with an expectation of privacy for the City
395 to enter upon the subject property at any reasonable times until the illegal
396 conditions are corrected; and
397 (i) An acknowledgement.
398 (3) The Director may, in his or her sole discretion, extend deadlines for correction if
399 the owner, or another responsible person, has been diligent and made substantial
400 progress but has been unavoidably delayed or has otherwise demonstrated that the
401 required corrective actions will be completed within a reasonable period not to exceed
402 14 additional days.
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403 (4) The Director may determine that a material breach of a voluntary correction
404 agreement has occurred, and may further determine what shall be done to correct the
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405 illegal conditions that were the subject of the voluntary correction agreement. The
406 Director shall provide notice of such a determination in the same fashion as notice of
407 decisions of the Board, and such determinations shall function as the equivalent of a
408 decision of the Board in any further proceedings. A party to the voluntary correction
409 agreement may appeal such a determination either to the City Council or to the Hearing
410 Examiner by filing a written Notice of Appeal with the City Clerk for review according
411 to the procedures and standards applicable to appeals of decisions of the Board. •
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412 Section 17. Section 11.10.400 of the Yakima Municipal Code is amended to read as
413 follows:
414 11.10.400 Board Hearing to Review Notice and Order.
415 (1) The Board shall be comprised of seven individuals appointed by the City Council
416 who represent different aspects of the public as a whole, including local residents, the
417 building industry, the health community, the business community, and the residential
418 rental community, but not more than two from any of these. The members shall be
419 appointed to three -year terms except that initial appointments to the Board shall be for
420 staggered terms of either one, two, or three years to optimize the balance of experience
421 among members of the Board. The Board may adopt and publish such rules of
422 procedure as are necessary or convenient to carry out and effectuate the purposes and
423 provisions of this chapter and chapter 35.80 RCW. Four members of the Board shall
424 constitute a quorum for the transaction of business. Except as otherwise specified by
425 law, a majority vote of the Board members present at a meeting shall be required and
426 shall be sufficient to transact any business before the Board. The rules of evidence
427 prevailing in courts of law or equity shall not be controlling in hearings before the
428 Board. At its first meeting in October each year, the Board shall elect a Chair and Vice -
429 Chair from among its members.
430 (2) Unless, prior to the time fixed in the notice and order for a hearing before the
431 board to review the notice and order, the property owner has entered into a voluntary
432 correction agreement, or City staff determines thatthe illegal conditions have been
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433 corrected, the Board shall hold a hearing to review the notice and order and to
434 determine the immediate disposition of any illegal conditions existing at the Subject
435 Property. The hearing will be canceled if the Director approves the completed corrective
436 action at least 48 hours before the scheduled hearing, and the Director shall provide
437 notice of the satisfactory correction of the illegal conditions to the owner, complainants,
438 and other interested persons, including the County Auditor's Office in cases in which a
439 notice of the enforcement action has been previously filed.
440 (3) The Board shall conduct a hearing pursuant to its adopted rules. The Director or
441 his /her designee, the owner, and other parties entitled to be served with the notice and
442 order may participate as parties in the hearing and each party may call witnesses. Any
443 complainant or person affected by the illegal conditions may appear and present
444 evidence. The City shall have the burden of demonstrating by a preponderance of
445 evidence that the Subject Property is unfit for human habitation or other uses and that
446 the required corrective action is reasonable as stated in the notice and order. The
447 Director's determination of unfitness and order to correct illegal conditions shall be
448 accorded substantial weight. In the event of a tie vote on a decision, the matter shall be
449 referred on an expedited basis to the City of Yakima Hearing Examiner for a new
450 hearing and decision within thirty days. In such cases, the Hearing Examiner's decision
451 shall be equivalent to a decision of the Board for the purposes of any subsequent
452 proceedings under this chapter. Furthermore, the Hearing Examiner's decision in such
453 cases shall be appealable only to the City Council.
454 (4) If the owner or other persons with interest of record fail to appear at the
455 scheduled hearing, the Board may confirm the notice and order by finding that the
456 Subject Property is unfit for human habitation or other uses as determined by the
457 Director. The board may further authorize the City to assess costs and administrative
458 fees according to the provisions of this chapter.
459 (5) If, after considering evidence and argument submitted by the Director, the
460 owner, the complainant(s), and other interested parties, the Board determines that the
461 Subject Property is unfit for human habitation or other use, it shall issue a summary of
462 decision according to the provisions of this section. The summary of decision shall be
463 served upon the owner and other persons entitled to notice of the notice and order, and
18
464 shall be posted in a conspicuous place on the Subject Property. The summary of
465 decision shall state:
466 (a) Findings of fact and conclusions in support of such decision confirming
467 the notice and order; and
468 (b) Either:
469 (1) That the compliance deadline under the notice and order was
470 reasonable and has passed without satisfactory correction of the illegal
471 conditions; or
472 (2) That the compliance deadline under the notice and order should
473 be extended until a date certain by which time the illegal conditions must
474 be corrected;
475 (c) The City's costs and administrative fees which, as of the date of the
476 hearing, have been incurred as a consequence of the illegal conditions, and that
477 such costs and fees shall be charged to the owner and shall be specially assessed
478 and shall constitute a lien against the real property if they are not paid timely.
479 (d) That if the owner or party in interest, following exhaustion of his /her
480 rights to appeal, fails to comply with the notice and order as confirmed by the
481 board, the City may, directly or by a private contractor, correct the illegal
482 conditions, and that the costs incurred by the City for such correction, including
483 Administrative Fees as authorized by this chapter shall be charged to the owner
484 and shall be specially assessed and shall constitute a lien against the real
485 property if they are not paid timely.
486 (6) The summary of decision shall state that the owner is entitled to appeal the
487 Board's decision to either the City Council or to the Hearing Examiner within 30 days
488 and, unless he or she does appeal or correct the illegal conditions, the City shall have the
489 power, without further notice or proceedings, to vacate and secure the Subject Property
490 and to do any act required of the owner in the notice and order, and to charge costs and
491 administrative fees incurred to correct the illegal conditions to the owner and assess
492 them against the property.
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493 (7) The Director shall serve the owner and other parties entitled to be served with
494 the notice and order, a copy of the summary of the Board's decision by certified mail,
495 within five working days following the hearing, and shall post the summary of decision
496 at the Subject Property.
497 (8) If no appeal is filed, a copy of the summary of decision shall be filed with the
498 Auditor of Yakima County and the notice and order shall be final.
499 Section 18. Section 11.10.410 of the Yakima Municipal Code is amended to read as
500 follows:
501 11.10.410 Enforcement
502 (1) The summary of decision may prescribe times other than times stated in the
503 notice and order within which correction of illegal conditions shall be commenced or
504 completed. If the required corrective action is not commenced or completed within the
505 prescribed time, or if no time is prescribed within the time for appeal, the Director may,
506 after the period for appeal has expired, cause the illegal conditions to be corrected. If
507 satisfactory progress has been made and sufficient evidence is presented that the illegal
508 conditions will be corrected within a reasonable time, the Director or the Board may
509 extend the time for completion of the work. If satisfactory or substantial progress has
510 not been made, the Director may take reasonable steps to correct the illegal conditions
511 promptly. The Director shall let bids for any work to correct illegal conditions in
512 accordance with this chapter.
513 (2) If other action ordered by the Board is not taken within the time prescribed, the
514 Director may, after the period for appeal has expired, cause the illegal conditions to be
515 corrected by the City, either directly or by a private contractor.
516 (3) If the Director deems it necessary to have any building on the Subject Property
517 secured as an interim measure for the protection of the public health, safety, or welfare
518 before illegal conditions are corrected, he /she may so order. If the owner is unable or
519 unwilling to secure such building within 48 hours, the Director may order the building
520 secured by the City.
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521 (4) If the owner is unable to comply with the notice and order as confirmed by the
522 board within the compliance deadline, and the time for appeals to the City Council or
523 petition to the court has passed, the owner may, for good and sufficient cause beyond
524 his /her control, request in writing an extension of time. The Board or the City Council
525 may grant a reasonable extension of time after a finding that the delay was beyond the
526 control of the owners. There shall be no appeal or petition from the Board or the City
527 Council's ruling on an extension of time.
528 Section 19. Section 11.10.500 of the Yakima Municipal Code is amended to read as
529 follows:
530 11.10.500 Appeal of Board Decision
531 The owner or any party in interest may, within thirty days from the date of service and
532 posting of the summary of the Board's decision, or in the case of a voluntary correction
533 agreement the Director's determination of material breach, , file an appeal by filing a
534 written notice of appeal with the City Clerk setting out the reasons he or she believes the
535 Board's confirmation of the notice and order or the Director's determination of material
536 breach to be erroneous. The appellant must elect and designate whether the appeal shall
537 be decided by the City Council or by the Hearing Examiner. The decision of the appeal
538 decision -maker chosen by the appellant shall be final, without recourse to the other, and
539 shall be appealable only to the Superior Court. An appeal fee of $100 shall be required.
540 There will be not less than ten (10) nor more than thirty (30) days from the date of said
541 appeal or referral and the appeal hearing. Notice of the time and place of the hearing
542 shall be made in accord with section 11.10.320 YMC. The matter of the appeal will be
543 scheduled for public hearing before the appeal decision -maker so as to allow 10 days'
544 notice of the hearing to the appellant and all interested parties and to permit final
545 decision thereon to be made within 60 days after the filing of the appeal. The filing of
546 the notice of appeal shall stay the notice and order as confirmed by the Board or the
547 Director's determination of material breach, except so much thereof as requires
548 temporary measures, such as securing of a building to minimize any emergent danger to
549 the public health or safety.
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550 Section 20. Section 11.10.510 of the Yakima Municipal Code is amended to read as
551 follows:
552 11.10.510 Hearings Before the Appeal Decision - Maker
553 (1) Upon timely appeal, the appeal decision -maker shall review the
554 proceedings and decisions of the Board, or in the case of a voluntary correction
555 agreement the Director's determination of material breach, and determine
556 whether to affirm, modify or vacate said decisions.
557 (2) The appeal decision - maker's review shall be on the record, not de novo.
558 In the absence of good cause, the appeal decision -maker will not accept new
559 evidence or evidence not made available to the Board. Upon the public hearing
560 of the appeal, the appeal decision -maker shall consider the file of the proceedings
561 before the Board or the Director and such other evidence as may be presented.
562 (3) The appeal decision -maker shall review the record and such supplemental
563 evidence as is permitted under subsection (2) above. The appeal decision -maker may
564 grant relief only if the party seeking relief has carried the burden of establishing that one
565 of the standards set forth in (a) through (g) of this subsection has been met. The
566 standards are based on but not limited to:
567 (a) The Board or Director engaged in unlawful procedure or failed to
568 follow a prescribed process, unless the error was harmless;
569 (b) The Board or Director's decision is an erroneous interpretation of the law;
570 (c) The Board or Director's decision is not supported by evidence that is
571 substantial when viewed in light of the whole record before the appeal decision -
572 maker;
573 (d) The Board or Director's decision is a clearly erroneous application of the
574 law to the facts;
575 (e) The Board or Director's decision is outside the authority or jurisdiction of
576 the Board or Director; or
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577 (f) The Board or Director's decision violates the constitutional rights of the
578 party seeking relief.
579 (4) • The appeal decision -maker may recognize and give appropriate effect to special
580 and extenuating circumstances which, in order to do substantial justice, warrant the
581 exercise of discretion to adjust the timeframes, standards, and other provisions of this
582 , chapter.
583 (5) After the hearing, the appeal decision -maker may affirm, modify or vacate
584 the decision of the Board or the Director, or may continue the matter for further
585 deliberation or presentation of additional evidence.
586 (6) A record of the proceedings shall be made and kept for at least three (3) years or
587 until the matter is final, whichever is longer.
588 (7) The appeal decision -maker shall cause its findings of fact and order to be
589 made in writing; provided that the appeal decision -maker may adopt the
590 findings and decision of the Board or Director, or so much thereof as supports its
591 decision. In addition, such order shall state that the owner has the right to
592 petition the Superior Court of Yakima County for appropriate relief within 30
593 days after the order becomes final.
594 (8) The appeal decision - maker's findings and order shall be served upon the same
595 persons and posted in the same manner as a notice and order of the Director.
596 (9) Any action taken by the appeal decision -maker shall be final sixty (60) days after
597 the filing of a notice of appeal unless continued with consent of the owner or occupant.
598 (10) In the event that the appeal decision -maker fails to reach a decision or continues
599 the hearing beyond 60 days after the filing of an appeal, the Director or Board's order
600 and finding shall be that of the appeal decision - maker's, and shall be final and subject to
601 petition to the Superior Court; provided that any continuance at the request or with the
602 consent of any owner or occupant shall suspend, for the length of the continuance, the
603 running of the sixty (60) days allowed for final decision.
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604 (11) The appeal decision - maker's order shall be enforced in the same manner as an
605 order of the Board.
606 (12) A transcript of the findings of fact of the appeal hearing before the appeal
607 decision -maker shall be made available to the owner or other party in interest upon
608 demand at the requestor's expense.
609 (13) The findings, determinations and orders of the appeal decision -maker on appeals
610 of determinations and orders issued by the Board shall be reported in the same manner
611 and shall bear the same legal consequences as if issued by the Board, and shall be subject
612 to review only in the manner and to the extent provided in YMC 11.10.520.
613 Section 21. Section 11.10.600 of the Yakima Municipal Code is amended to read as
614 follows:
615 11.10.600 Assessment and Lien on the Real Property
616 The amount of the costs incurred by the City to abate illegal conditions pursuant
617 to this chapter, including the administrative fees established in this chapter, shall
618 be charged against the owner of the Subject Property and shall be specially
619 assessed and shall constitute a lien against the Subject Propertyunless such
620 amounts are timely paid.
621 The Director of Finance, or his /her designee, shall certify to the county treasurer
622 any such unpaid costs to correct illegal conditions as a special assessment due
623 and owing. Pursuant to RCW 35.80.030, the county treasurer shall enter the
624 amount of such special assessment upon the tax rolls against the property for the
625 current year and the same shall become a part of the general taxes for that year to
626 be collected at the same time and with interest at such rates and in such manner
627 as provided for in RCW 84.56.02, as now or hereafter amended, for delinquent
628 taxes, and when collected to be deposited to the credit of the general fund of the
629 City. If the dwelling, building, structure, or premises is removed by the City, the
630 City shall, if possible, sell the materials of such dwelling, building, structure, or
631 premises, and shall credit the proceeds of such sale against the cost of the
24
632 removal and if there be any balance remaining, it shall be paid to the parties
633 entitled thereto, as determined by the Board, after deducting the City's costs and
634 administrative fees incident thereto.
635 The assessment shall constitute a lien against the property that shall be of equal
636 rank with state, county and municipal taxes.
637 Section 22. Section 11.10.610 of the Yakima Municipal Code is amended to read as
638 follows:
639 11.10.610 Costs of Abatement and Administrative Fees
640 (1) The costs of abatement, repair, alteration or improvement, or vacating and
641 closing, or removal or demolition, when such actions are performed at the City's cost,
642 shall be assessed against the real property upon which such costs were incurred unless
643 paid within 30 days after billing by the City, unless alternative payment arrangements
644 are made with the Director within 30 days after billing. The Director shall forward a
645 report of any unpaid costs of abatement and administrative fees to the City Finance
646 Director, who shall certify them to the County Treasurer for assessment on the tax rolls,
647 as provided by RCW 35.80.030(h).
648 (2) Bids for correction of illegal conditions shall be let only to a licensed contractor.
649 The contract documents shall provide that the value of the materials and other salvage
650 of the property shall be credited against the costs of the corrective action. The contract
651 documents may require bidders to estimate the salvage value of the property and, by
652 claiming the salvage, reduce the amount of his /her bid accordingly. The contract price
653 fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value.
654 Such bids may be let prior to the time for compliance or appeal, but shall not be binding
655 or accepted until the order for corrective action is final. The Director shall have the
656 authority to sign the contract on behalf of the City.
657 (3) Actual costs and expenses will be assessed in accord with the provisions of this
658 section.
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659 (4) In addition to actual abatement costs, the following administrative fee shall be
660 assessed and collected in the same manner for such dwellings, buildings, structures, or
661 premises that are determined to be unfit for human habitation or other uses:
662 (a) Where abatement is approved by the Director prior to Board hearing the
663 administrative fee shall be $200.00, except that these fees shall not be required for
664 a first offense if abatement is complete 48 hours prior to the Board hearing
665 described in the notice and order.
666 (b) Where abatement is accomplished less than 48 hours prior to the Board
667 hearing described in the notice and order, the administrative fee shall be three
668 hundred dollars ($300).
669 (c) Where abatement is accomplished following breach of a Voluntary
670 Correction Agreement or understanding between a property owner and Director,
671 Board, or appeal decision - maker, the administrative fee shall be six hundred
672 dollars ($600).
673 (d) Where the abatement is accomplished by the City following the Board
674 hearing described in the notice and order or following material breach of a
675 Voluntary Correction Agreement, the administrative fee shall be one thousand
676 dollars ($1,000).
677 (5) The Board or the appeal decision -maker may, upon recommendation from
678 the Director, modify the amount, methods, or time of payment of such fees as the
679 condition of the property and the circumstances of the owner may warrant. In
680 determining such adjustments, the appeal decision -maker may reduce the costs
681 to an owner who has acted in good faith and would suffer extreme financial
682 hardship. The appeal decision -maker may, upon recommendation from the
683 Director, increase the administrative fees if it appears that the scheduled fees are
684 inadequate to make the City whole with respect to a particular unfit dwelling,
685 building, structure, or other premises.
Section 23. The City Council shall review the provisions of this ordinance in the light of the
City's actual experience within one year from the date this ordinance becomes effective.
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Section 24. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance, or any provision of the Yakima Municipal Code established by this ordinance, is
declared invalid or unconstitutional for any reason, such decision shall not affect the validity of
the remaining portions of this ordinance or other provisions of the Yakima Municipal Code
established by this ordinance.
Section 25. 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
2nd day of October , 2001.
ary Place, Mayor
ATTEST:
City Clerk
Publication Date: 10/5/01
Effective Date: 11/4/01
C: \Karen's Files \ ORDINANCES \ PETERSON \ Neighborhood Conservation amend YMC 11.10.doc
27
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON `
AGENDA STATEMENT .
Item No.
•
For Meeting of October 2, 2001
•
ITEM TITLE: Consideration of an Ordinance enacting Amendments to Yakima Municipal Code Chapter
11.10 regulating the Community Review Board
SUBMITTED BY: 11iam Cook, Director of Community and Economic Development
CONTACT PERSON /TELEPHONE: Doug Maples, Code Administration & Planning Manager
(509) 575 -6121
SUMMARY EXPLANATION:
On June 19, 2001, the Council Study Session discussed the Community Review Board and Chapter 11.10
of the Yakima Municipal Code that creates and regulates this board. Following the Study Session, staff
proposed a working draft to amend Chapter 11.10 incorporating comments received from City Council.
On August 8, 2001, Council received a report from the Department of Community and Economic
•
Development which included proposed amendments to Chapter 11.10. At the August 7th meeting
Council requested additional changes and directed staff bring back a final draft for Council approval.
During the meeting there was a consensus of Council to delete the power to order repair or demolition
from this ordinance because the power already exists in the Code for Abatement of Dangerous Buildings.
Attached is Chapter 4, Section 403 of that code that describes the building officials current authority.
Resolution Ordinance X Other (Specify) Code for Abatement of Dangerous Buildings
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve local amendments to the Yakima Municipal
Code Chapter 11.10.
BOARD /COMMISSION RECOMMENDATION: Community Review Board recommends adoption
COUNCIL ACTION:
401
•.. 403
Chapter 4
NOTICES AND ORDERS OF BUILDING OFFICIAL
SECTION 401 — GENERAL building official or disclosed from official public records: the
holder of any mortgage or deed of trust or other lien or encum-
401.1 Commencement of Proceedings. When the building of- brance of record; the owner or holder of any lease of record: and
ficial has inspected or caused to be inspected any building and has the holder of any other estate or legal interest of record in or to the
found and determined that such building is a dangerous building, building or the land on which it is located. The failure of the build -
the building official shall commence proceedings to cause the re- ing official to serve any person required herein to be served shall
pair, vacation or demolition of the building. not invalidate any proceedings hereunder as to any other person
401.2 Notice and Order. The building official shall issue a no- duly served or relieve any such person from any duty or obligation
tice and order directed to the record owner of the building. The no- imposed by the provisions of this section.
tice and order shall contain: 401.4 Method of Service. Service of the notice and order shall
1. The street address and a legal description sufficient for iden made upon all persons entitled thereto either personally or by
tification of the premises upon which the building is located. mailing a copy of such notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at their ad-
2. A statement that the building official has found the building dress as it appears on the last equalized assessment roll of the
to be dangerous with a brief and concise description of the condi- county or as known to the building official. If no address of any
tions found to render the building dangerous under the provisions such person so appears or is known to the building official, then a
of Section 302 of this code. copy of the notice and order shall be so mailed, addressed to such
3. A statement of the action required to be taken as determined person, at the address of the building involved in the proceedings.
by the building official. The failure of any such person to receive such notice shall not af-
3.1 If the building official has determined that the building fect the validity of any proceedings taken under this section. Serv-
g g ice by certified mail in the manner herein provided shall be
or structure must be repaired, the order shall require that effective on the date of mailing.
' all required permits be secured therefor and the work
physically commenced within such time (not to exceed 401.5 Proof of Service. Proof of service of the notice and order
60 days from the date of the order) and completed with- shall be certified to at the time of service by a written declaration
in such time as the building official shall determine is under penalty of perjury executed by the persons effecting serv-
reasonable under all of the circumstances. ice, declaring the time, date and manner in which service was
3.2 If the building official has determined that the building made. The declaration, together with any receipt card returned in
acknowledgment of receipt by certified mail shall be affixed to
or structure must be vacated, the order shall require that
the copy of the notice and order retained by the building official.
the building or structure shall be vacated within a time
certain from the date of the order as determined by the SECTION 402 — RECORDATION OF NOTICE AND
building official to be reasonable. ORDER
3.3 If the building official has determined that the building
or structure must be demolished, the order shall require If compliance is not had with the order within the time specified
that the building be vacated within such time as the therein, and no appeal has been properly and timely filed, the
building official shall determine is reasonable (not to building official shall file in the office of the county recorder a cer-
exceed 60 days from the date of the order); that all re- tificate describing the property and certifying (i) that the building
quired permits be secured therefor within 60 days from is a dangerous building and (ii) that the owner has been so noti-
the date of the order. and that the demolition be com- fied. Whenever the corrections ordered shall thereafter have been
pleted within such time as the building official shall de- completed or the building demolished so that it no longer exists as
termine is reasonable. a dangerous building on the property described in the certificate,
the building official shall file a new certificate with the county re-
4. Statements advising that if any required repair or demolition corder certifying that the building has been demolished or all re-
work (without vacation also being required) is not commenced quired corrections have been made so that the building is no
within the time specified, the building official (i) will order the longer dangerous, whichever is appropriate.
building vacated and posted to prevent further occupancy until
the work is completed, and (ii) may proceed to cause the work to SECTION 403 — REPAIR, VACATION AND
be done and charge the costs thereof against the property or its DEMOLITION
owner.
5. Statements advising (i) that any person having any record The following standards shall be followed by the building official
title or legal interest in the building may appeal from the notice (and by the board of appeals if an appeal is taken) in ordering the
and order or any action of the building official to the board of ap- repair, vacation or demolition of any dangerous building or struc
peals, provided the appeal is made in writing as provided in this tare:
code and filed with the building official within 30 days from the 1. Any building declared a dangerous building under this code
date of service of such notice and order; and (ii) that failure to ap- shall be made to comply with one of the following:
peal will constitute a waiver of all right to an administrative hear- 1.1 The building shall be repaired in accordance with the
ing and determination of the matter. current building code or other current code applicable
4013 Service of Notice and Order. The notice and order, and to the type of substandard conditions requiring repair;
any amended or supplemental notice and order, shall be served OT
upon the record owner and posted on the property; and one copy 1.2 The building shall be demolished at the option of the
thereof shall be served on each of the following if known to the building owner; or
7
1.3 If the building does not constitute an immediate danger 404.2 Compliance. Whenever such notice is posted, the build -
to the life, limb, property or safety of the public it may ing official shall include a notification thereof in the notice and
be vacated, secured and maintained against entry. • order issued under Section 401.2, reciting the emergency and
2. If the building or structure is in such condition as to make it specifying thi: conditions which necessitate the posting. No per -
immediately dangerous to the life, limb, property or safety of the son shall remain in or enter any building which has been so
public or its occupants, it shall be ordered to be vacated. posted, except that entry may be made to repair, demolish or re-
move such building under permit. No person shall remove or de-
face any such notice after it is posted until the required repairs,
SECTION 404 — NOTICE TO VACATE demolition or removal have been completed and a certificate of
404.1 Posting. Every notice to vacate shall, in addition to being od pancy issued pursuant to the provisions of the Building
served as provided in Section 401.3, be posted at or upon each exit
of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove
or deface this notice.
Building Official
of
8