HomeMy WebLinkAbout2000-021 Amending Chapter 11 of the Municipal Code for securing unoccupied buildings • .
ORDINANCE NO. 2000- 21
AN ORDINANCE concerning unoccupied dwellings, buildings, structures, and
premises, and establishing minimum standards to ensure that
such unoccupied dwellings, buildings, structures, premises, or
portions thereof are secure against unauthorized
entry,infestation, deterioration, and are maintained adequately
to minimize negative impacts on neighborhoods, and adding a
new section to chapter 11.10 YMC accordingly.
WHEREAS, unoccupied dwellings, buildings, structures, premises, or portion thereof
frequently present hazards and circumstances which are contrary to the health, safety,
and general welfare of the public including without limitation:
• Unauthorized entry by children and other persons;
• Unauthorized entry by criminals;
• Infestation by insects or animals;
• • Deterioration of such dwellings, buildings, structures, premises, or portion
thereof as a result of exposure to vandalism and weather;
• Inadequate maintenance of property where such dwellings, buildings,
structures, premises, or portions thereof are located free from graffiti and
other nuisances;
and
WHEREAS, unoccupied dwellings, buildings, structures, premises, or portions thereof
where the hazards and circumstances described above are present are likely to be unfit
for human habitation or other purposes pursuant to the provisions of chapter 11.10
YMC; and
WHEREAS, it is in the best interests of the health, safety, and general welfare of the
public that certain minimum standards be established to ensure that unoccupied
dwellings, buildings, structures, and premises are secure against unauthorized entry,
infestations, and weather and the elements, and to ensure that such unoccupied
dwellings, buildings, structures, premises, or portions thereof and the properties where
they are located are maintained free of graffiti and other nuisances, and that the
Director, or his /her designee, be authorized to enforce such standards; now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
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Section 1. A new section 11.10230 shall be added to chapter 11.10 of the Yakima 0
Municipal Code to read as follows:
1 11.10.230 Security of unoccupied dwellings, buildings, structures or premises.
2 (A) The Director, or his /her designee, may determine whether or not any
3 unoccupied dwelling, building, structure, premises, or portion thereof ( "Subject
4 Property ") is unfit for human habitation or other purposes because:
5 (1) It is not secure against unauthorized entry by children, criminals,
6 or other persons.
7 (2) It is not secure against infestation by insects or animals.
8 (3) It is not secure against deterioration as a result of exposure to
9 vandalism, weather, or the elements.
10 (4) It is inadequately maintained and repaired as evidenced by broken
11 windows, overgrown vegetation, graffiti, or other conditions.
12 (B) In making this determination the Director, or his /her designee, shall
13 consider and document with photographs and /or written accounts the factors
14 which in his /her judgment reasonably bear on the determination, including
15 without limitation:
16 (1) The physical condition of the Subject Property and whether it
17 reflects ongoing maintenance and repair, including the presence o
18 windows or evidence of vandalism, overgrown vegetation, the presence of
19 insect or animal pests, deterioration due to weather or exposure to the
20 elements, and whether graffiti, if any, is painted over promptly.
21 (2) How long the Subject Property has been unoccupied.
22 (3) Whether the Subject Property is being actively marketed for sale or
23 lease.
24 (4) Other facts which demonstrate that the Subject Property already
25 has been, or which affect the likelihood that it will be, subject to hazards
26 and circumstances contrary to the health, safety, and welfare of the public.
27 (5) Other considerations prescribed by this chapter.
28 (C) In addition to any other powers authorized by this chapter, the Director,
29 or his /her designee, is authorized to order the owner of and other persons
30 responsible for any Subject Property determined to be unfit for human habitation
31 or other purposes under this section to perform any or all of the following on or
32 before a stated compliance deadline:
33 (1) Secure all exterior openings of the building by minimum 1/2-inch
34 plywood cut to fit the opening and fastened to the building by minimum
35 1 -inch long sheetrock screws at 6 inches on center around said openings,
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6 or upon written request by owner of the property, by such alternative
37 materials and or methods as the Director, or his /her designee, may
38 determine are adequate to make the dwellings, buildings, structures,
39 premises, or portions thereof weather -tight and to ensure that it is secure
40 against unauthorized entry.
41 (2) To disconnect all utilities including electricity, gas and water.
42 (3) To remove any graffiti and to keep the Subject Property free of
43 graffiti.
44 (4) To maintain the premises generally free of any vegetation or other
45 matter which may constitute a nuisance or a fire hazard.
46 (D) Orders of the Director, or his /her designee, issued under this section may
47 be modified from time to time in response to new information or changed
48 circumstances regarding the dwelling, building, structures, premises, or portion
49 thereof.
50 (E) The Director, or his /her designee, shall routinely monitor compliance of
51 any unoccupied dwelling, building, structures, premises, or portion thereof that
52 has been the subject orders issued under this chapter, and shall formally inspect
� 3 and document the condition of such Subject Property at least once every six
54 months while the dwelling, building, structure, or premises remains unoccupied.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this day of 2000.
7/4
Mary Place, Mayor
ATTEST:
K a,Aue-
City Clerk
Publication Date: L / 7 /e
Effective Date: 7 / 7 /°
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BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.:
For Meeting of: June 6, 2000
ITEM TITLE: Ordinance amending Chapter 11 of the Municipal Code for securing
un cupied buildings and structures.
SUBMITTED BY: Wi iam Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: Doug Maples, 575 -6262
SUMMARY EXPLANATION:
The control and abatement of public nuisances, such as abandoned buildings, is an ongoing problem
for the City of Yakima. Abandoned buildings may create a number of unsafe or dangerous
conditions; they provide opportunities for the unlawful use of property including drug activity,
create an attractive nuisance for children and open buildings allow the weather to deteriorate a
structure. These abandoned structures, unless they are secured properly, lower the value of
surrounding properties in the neighborhood in which they are located, and otherwise detract from
the well being and image of the entire City.
The attached amendment to Chapter 11 would help reduce the proliferation of unsightly, unsafe
• unoccupied buildings. Presently there is not a definition for a secure building or structure. The
ordinance amendment would provide the Code Administration division staff guidance when
encountering structures that need to be secured until the owner can decide what course of action
will be taken for the structure. The definition would allow the Code Administration Manager
discretion to review enforcement problems on a case by case basis.
•
Resolution_ Ordinance X Contract:" Other Specify:
Funding Source:
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve the proposed ordinance amendment to Chapter 11.
BOARD /COMMISSION RECOMMENDATION: the Community Review Board has reviewed
this issue and has used the requirements stated in the amendment as a guideline on several different
® buildin g and structures which have been brought before them.
COUNCIL ACTION:
•