HomeMy WebLinkAbout1999-015 NEIGHBORHOOD CONSERVATION COMMUNITY REVIEW BOARD CODE ENFORCEMENT II
•
ORDINANCE' NO. 99— 15
Ill
AN ORDINANCE relating to residential and other property maintenance, and
providing for a new chapter 10 to be added to Title 11 of the
Yakima Municipal Code to implement the process and acquire ,
the powers authorized by chapter 35.80 RCW to address
conditions which render dwellings, buildings, structures and .
other premises unfit for human habitation and other uses.
WHEREAS, for several years members of the community and members of the City
Council have, on behalf of themselves ' and other individuals, the City of Yakima's
several neighborhoods, and the City as a whole, shared urgent concerns regarding
conservation and improvement of the quality of life in neighborhoods throughout the
City of Yakima and detrimental effects on public health, safety, and welfare stemming
from unkempt, deteriorating, and abandoned dwellings, buildings, structures, and
premises at various locations within the City; and
WHEREAS, a task force of concerned citizens, members of the City Council, and City
staff has met regularly since August of 1998 to consider the City's policies and laws
concerning how residential and other properties are maintained by owners and
occupants; and
WHEREAS; at the December 15, 1998, City Council meeting and the March 2, 1999, City
Council study session, the task force p several recommendations to the City
Council to improve enforcement of the City's laws and policies concerning maintenance
of residential and other properties by owners and occupants; and -
WHEREAS, there exist within the City of Yakima dwellings which are unfit for human
habitation, and buildings, structures, and premises, or portions thereof, which are unfit
for other uses, due to dilapidation, disrepair, structural defects, defects increasing the
hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness,
inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to
other conditions which are harmful to ",the health and welfare of the residents of the
City; and
WHEREAS, Chapter 35.80 RCW authorizes cities where conditions like those described
above exist to adopt ordinances that would enable such cities to address such
conditions fairly, effectively, and with; substantial assurance that costs incurred by the
city to abate such conditions could be recovered; and
WHEREAS, the Code Enforcement task force has recommended to the City Council
that the City implement the process and acquire the powers authorized by chapter 35.80
Page 1 of 17
0•
RCW to address conditions which render buildings and other premises in the City unfit
for human habitation and other uses; and
WHEREAS, the provisions stated below conform to the authority granted by chapter
35.80 RCW; and
WHEREAS, neighbors and neighborhoods are entitled to prompt abatement of
conditions which violate the City's property maintenance codes; and
WHEREAS, it is in the best interests of the City to implement the process and acquire
the powers authorized by chapter 35.80 RCW to address conditions which render
buildings and other premises in the City unfit for human habitation and other uses;
now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. A new chapter 10 is added to Title 11 of the Yakima Municipal Code to read
as follows:
1 Chapter 11.10 NEIGHBORHOOD CONSERVATION
2 11.10.010 Findings and Purpose
3 11.10.020 Emergencies
4 11.10.030 Other Powers Reserved
5 11.10.040 Permit Required
6 11.10.050 Penalties
7 11.10.060 Definitions
8 11.10.100 . Duties of the Director
9 11.10.120 Duties of the Board
10 11.10.150 Rules and Regulations
11 11.10.200 Determination of Unfitness
12 11.10.210 Standards for Determination of Unfitness
13 11.10.220 Standards for Determination to Require Repair or Demolition
14 11.10.300 Preliminary Investigation
15 11.10.310 Complaint or Notice and Order, Contents
16 11.10.320 Service of Complaint; Filing with County Auditor
17 11.10.330 Voluntary Correction Agreement
18 11.10.400 Board Hearing on Director's Determination of Unfitness
19 11.10.410 Enforcement
20 11.10.500 Appeal of Board Decision
21 11.10.510 Hearings Before the City Council
22 11.10.520 Appeal to Superior Court
23 11.10.600 Assessment and Lien on the Real Property
24 11.10.610 Costs of Abatement and Administrative Fees
Page 2 of 17
25 11.10.010 Findings and Purpose
26 There exist within the City of Yakima 'dwellings which are unfit for human habitation,
27 and buildings, structures, and premiseis, or portions thereof, which are unfit for other
28 uses, due to dilapidation, disrepair, structural defects, defects increasing the hazards of
29 fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate
30 light or sanitary facilities, inadequate drainage, overcrowding, or due to other
31 conditions which are harmful to the health and welfare of the residents of the City.
32 The purpose of this chapter is to implement the process and acquire the powers
33 authorized by chapter 35.80 RCW to address conditions such as those described above
34 which render dwellings, buildings, structures, and premises in the City unfit for human
35 habitation and other uses.
36 11.10.020 Emergencies it
37 The provisions of this chapter shall not prevent the Director or any other officer of the
38 City of Yakima or other governmental'aunit from taking any other action, summary or
39 otherwise, necessary to eliminate or minimize an imminent danger to the health or
40 safety of any person or property.
41 11.10.030 Other Powers Reserved
42 Nothing in this chapter shall be construed to abrogate or impair the powers of the
43 courts or of any department of the City to enforce any provisions of its charter or its
44 ordinances or regulations, nor to prevent or punish violations thereof; and the powers
45 conferred by this chapter shall be in addition and supplemental to the powers conferred
46 by any other law. p
47 Nothing in this chapter shall be construed to impair or limit in any way the power of
48 the City of Yakima to define and declare nuisances and to cause their removal or
49 abatement, by summary proceedings or otherwise.
50 11.10.040 Permit Required
51 Any work, including construction, repairs or alterations under this chapter to
52 rehabilitate any building or structure, may require a permit in accord with the
53 provisions of this Code.
54 11.10.050 Penalties
55 It shall be unlawful and a violation of this chapter to knowingly:
56 (1) Occupy or suffer to be occupied any building or premises ordered vacated;
57 (2) Fail to comply with any order issued pursuant to this chapter; or
58 (3) Obstruct any officer or agent of the City of Yakima or other governmental unit in
59 the enforcement of this chapter.
60 (4) Remove, deface, obscure or otherwise tamper with any notice posted under this
61 chapter.
•
Page 3 of 17
62 Violation of this chapter is a gross misdemeanor.
63 11.10.060 Definitions
64 • Unless specifically defined below or unless context clearly requires a different meaning,
65 terms used in this chapter have the meaning given them by the currently adopted
66 edition of the Uniform Building Code. Gender and number are interchangeable.
67 Defined terms or concepts from Titles 11,12,14, and 15 generally apply to this chapter.
68 (1) "Abandoned" refers to any property, real or personal, which is unattended and
69 either open or unsecured so that admittance may be gained without damaging any
70 portion of the property, or which evidences indicia that no person is presently in
71 possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair
72 and, in the case of chattels, location.
73 (2) "Abatement" means, for the purposes of this chapter, the correction of conditions
74 which render dwellings unfit for human habitation, and which render buildings,
75 structures, and premises, or portions thereof, unfit for other uses.
76 (3) "Board" means the Community Review Board established under this chapter,
77 particularly under sections 11.10.400 and 11.10.410 YMC.
78 (4) "Boarded -Up Building" means any building the exterior openings of which are
79 closed by extrinsic devices or some other manner designed or calculated to be
80 permanent, giving to the building the appearance of non - occupancy or non -use for an
81 indefinite period of time.
82 (5) "Building" means any building, dwelling, structure, or mobile home, factory -
83 built house, or part thereof, built for the support, shelter or enclosure of persons,
84 animals, chattels or property of any kind.
85 (6) "City Council" means the City Council of the City of Yakima.
86 (7) "Costs" means the City's actual expenses incurred to correct illegal conditions
87 pursuant to the provisions of this chapter plus the administrative fee provided herein.
88 (8) "Director" means the Director of Community and Economic Development, or
89 his /her designee..
90 (9) "Health Officer" means the head of the Yakima District Health Department,
91 his /her authorized deputies or representatives.
92 (10) "Interested Person" means any person entitled to notice of a complaint issued by
93 the Director under section 11.10.320 YMC.
94 (11) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a
95 nuisance at common law, either public or private; (c) an attractive nuisance, whether in
96 or on a building, a building premises or an unoccupied lot and whether realty, fixture
97 or chattel, which might reasonably be expected to attract children bf tender years and
98 constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or
99 refrigerators with doors and latches, shafts, basements or other excavations, abandoned
Page 4 of 17
100 or inoperative vehicles or other equipment, structurally unsound fences or other
101 fixtures, lumber, fencing, vegetation or other debris; (d) uncleanliness or whatever is
102 dangerous to human life or detrimental to health; (e) overcrowding; or (f) abandonment
103 or vacancy.
104 (12) "Owner" means any person having any interest in the real estate in question as
105 shown upon the records of the office of the Yakima County Auditor, or who establishes
106 his /her interest before the Director, Board, or City Council. For the purpose of giving
107 notice, the term "owner" also includes any person in physical possession.
108 (13) "Party In Interest" means any person entitled to notice of a complaint issued by
109 the Director under section 11.10.320 YMC.
110 (14) "Person" means natural person, joint venture, joint stock company, partnership,
111 association, club, company, corporation, business trust, organization, or the manager,
112 lessee, agent, servant, officer or employee of any of them.
113 (15) "Repeat Violation" means a violation by the same person of the same regulation
114 in any location for which voluntary compliance has been sought within two (2) years, or
115 a Complaint or Notice and Order has been issued within two (2) years.
116 11.10.100 Duties of the Director
117 The Director is the chief administrative officer for the purposes of this chapter, and
118 his /her duties and powers include:
119 (1) Investigation of all buildings and premises which he /'she has reasonable grounds
120 to believe may be unfit, substandard, boarded up, or a nuisance;
121 (2) Preparation, service and posting of complaints or notices and orders against
122 buildings or premises where illegal conditions are believed to exist; and
123 (3) Doing all things necessary and proper to carry out and enforce this chapter.
124 11.10.120 Duties of the Board
125 (1) Conducting administrative hearings and rendering decisions based upon written
126 findings; and
127 (2) Doing all things necessary and proper to carry out and enforce this chapter.
128 11.10.150 Rules and Regulations
129 The Director and Board may make and promulgate such rules and regulations as will
130 effectuate the purposes of this chapter and do substantial justice. The Director and
131 Board may recognize and give appropriate effect to special and extenuating
132 circumstances which, in order to do substantial justice, warrant the exercise of
133 discretion to adjust the timeframes, standards, and other provisions of this chapter.
134 Examples of circumstances which may warrant such exercise of discretion include,
135 without limitation, medical illness or disability affecting a property owner's ability to
136 respond to orders or appear at hearings, and bona fide insurance coverage disputes
Page 5 of 17
•
137 which create a definite risk that enforcement of this chapter would unfairly result in a
138 substantial economic loss to the property owner.
139 The Director and the Board are authorized to exercise such powers as may be necessary
140 or convenient to carry out and effectuate the purposes and provisions of this chapter.
141 These powers shall include the following in addition to others herein granted: (a)(i) To
142 determine which dwellings within the City are unfit for human habitation; (ii) to
143 determine which buildings, structures, or premises are unfit for other use; (b) to
144 administer oaths and affirmations, examine witnesses and receive evidence; and (c) to
145 investigate the dwelling and other property conditions in the City and to enter upon
146 premises for the purpose of making examinations when the Board or Director has
147 reasonable grounds for believing they are unfit for human habitation, or for other use;
148 provided that such entries shall be made in such manner as to cause the least possible
149 inconvenience to the persons in possession, and to obtain an order for this purpose after
150 submitting evidence in support of an application which is adequate to justify such an
151 order from a court of competent jurisdiction in the event entry is denied or resisted.
152 11.10.200 Determination of Unfitness
153 The Director after preliminary investigation, or the Board after the hearing provided in
154 this chapter, or the City Council after the appeal hearing provided in this chapter, may
155 determine that a dwelling, building, structure, or premises is unfit for human habitation
156 or other use if the Director, or the Board, or the City Council, finds that conditions exist
157 in such dwelling, building, structure, or premises which are dangerous or injurious to
158 the health or safety of the occupants of such dwelling, building, structure, or premises,
159 the occupants of neighboring dwellings, or other residents of the City.
160 11.10.210 Standards for Determination of Unfitness
161 In determining that a dwelling, building, structure, or other premises is unfit for human
162 habitation or other uses, the Director, Board or the City Council shall consider:
163 (a) dilapidation, (b) disrepair, (c) structural defects, (d) defects increasing the hazards of
164 fire, accidents or other calamities, such as parts standing or attached in such manner as
165 to be likely to fall and cause damage or injury, (e) inadequate ventilation,
166 (f) uncleanliness, (g) inadequate light, (h) inadequate sanitary facilities, (i) inadequate
167 drainage, (j) substandard conditions, (k) other conditions which affect the fitness of the
168 building or premises for human habitation or other purposes.
169 11.10.220 Standards for Determination to Require Repair or Demolition
170 (1) If the conditions identified in section 11.10.210 YMC or other conditions are
171 found to exist to an extent dangerous or injurious to the health or safety of occupants of
172 the building or premises, or the occupants of neighboring buildings or of other
173 residents of the City, and if, without extenuating circumstances which, in order to do
174 substantial justice, warrant the exercise of discretion to adjust the timeframes,
175 standards, and other provisions of this chapter: (a) structural deterioration is of such
176 degree that (i) vertical members list, lean or buckle to the extent that a plumb line
Page 6 of 17
177 passing through the center of gravity falls outside the middle third of its base, or (ii)
178 thirty -three percent (33 %) of the supporting members shows damage or deterioration,
179 or (b) the cost of restoration exceeds sixty percent (60 %) of the value of the building, or
180 (c) the building has been damaged by fire or other calamity, the cost of restoration
181 exceeds thirty percent (30 %) of the value of the building and it has remained vacant for
182 six months or (value shall be determined by reference to a current edition of
183 "Building Valuation Data" published by the International Conference of Building
184 Officials or, if not published, as determined by the Director. Cost of restoration is the
185 actual estimated cost, which may be determined in the same manner as "value "), or (d)
186 if any of the conditions described in Section 302 of the Uniform Code for the Abatement
187 of Dangerous Buildings, as adopted by the City of Yakima at chapter 11.46 of the
188 Yakima Municipal Code, exist in a building, the Board may order the building or
189 premises either demolished and the land suitably filled and cleared, or repaired, and
190 may order the property immediately vacated and secured as completely as possible
191 pending demolition or repair. Subsection (c) above shall not be construed to negate the
192 rights to replace legal nonconforming structures provided by chapter 15.19 YMC.
193 (2) A voluntary correction agreement or other undertaking entered into by a party in
194 interest, at or prior to the hearing before the Board, creates a presumption that the
195 building or premises can be reasonably repaired. The failure to fulfill such a voluntary
196 correction agreement or to accomplish such an undertaking may constitute grounds for
197 the Director to order demolition. Such an order shall be subject to appeal according to
198 the provisions of this chapter for appeal of decisions of the Board.
199 (3) If by reason of any of the above conditions a building is unfit, but no public
200 necessity is found for its immediate demolition, the Board or the Director may take
201 other action, such as causing the property to be cleaned, cleared, vacated, secured or
202 otherwise repaired, which will promote the public health, safety or general welfare.
203 11.10.300 Preliminary Investigation
204 After the City learns of a possible unfit dwelling, building, structure, or other premises,
205 the Director shall investigate whether such condition(s) actually exists. This
206 investigation will usually include reasonable efforts to speak with the owner of the
207 subject property, or the tenant if the property is rented. The Director will make a record
208 of the investigation, including:
209 (1) Identification of the subject property.
210 (2) Documentation of inspection actions, including relevant dates, efforts to establish
211 identity of and contact owners and tenants.
212 (3) Written observations relevant to possible conditions of unfitness, possibly
213 including diagrams of the building or premises and photographs.
214 (4) The Director's conclusion whether or not the dwelling, building, structure, or
215 other premises is unfit for human habitation or other uses.
Page 7 of 17
216 If the Director determines no actual violation exists, he/ she will note such
217 determination for the record for the subject property and the matter shall be concluded.
218 The Director shall notify complainants, the owner, or other persons who have requested
219 notice of his /her determination.
220 11.10.310 Complaint or Notice and Order, Contents
221 If, after preliminary investigation, the Director determines that a dwelling, building,
222 structure, or other premises is unfit for human habitation or other uses, the Director
223 shall serve, according to the provisions of section 11.10.320 YMC, a notice of unfitness
224 and correction order, which may also be called a complaint, or a notice and order,
225 which states:
226 (1) A description of the conditions on the subject property which render such
227 dwelling, building, structure, or premises unfit for human habitation or other use;
228 (2) What must be done to correct such illegal condition(s);
229 (3) The deadline, for correction of such condition(s), which will allow a reasonable
230 time for correction and will be set 48 hours before the matter will be presented at a
231 meeting of the Board;
232 (4) The costs or administrative fees which may be charged to the owner as a
233 consequence of such conditions;
234 (5) The place and date, not less than 10 nor more than 30 days after the complaint or
235 notice and order is served, where and when the matter will be presented to the Board,
236 when the Board will be requested to:
237 (a) Confirm the Director's determination of unfitness;
238 (b) Authorize the City to proceed to abate the illegal conditions at the
239 dwelling, building, structure, or other premises;
240 (c) Order that the owner pay the costs incurred by the City, through the date
241 of the Board's confirmation of the illegal conditions, together with such costs as the City
242 reasonably incurs to abate the illegal conditions.
243 (6) That all parties in interest shall be given the right to file an answer to the
244 complaint, to appear in person, or otherwise, and to give testimony at the time and
245 place in the complaint;
246 (7) The City's policy that the Director may waive the City's costs and /or
247 administrative fees for a first offense if the illegal conditions are corrected at least 48
248 hours prior to the Board hearing;
249 (8) Invite the owner's cooperation and inform the owner of the City's policy that
250 first offenders may negotiate a voluntary correction agreement consistent with the
251 provisions of section 11.10,330 YMC in which, among other things, the owner:
252 (a) Admits that the illegal condition(s) exist(s);
Page 8 of 17
253 (b) Promises to correct the illegal condition(s) by an agreed deadline no more
254 than 90 days from the original deadline;
255 (c) Consents to entry on the subject property by the City to correct the illegal
256 condition(s) in the event they are not corrected by the deadline;
257 (d) Agrees to pay the City's costs to abate the illegal conditions if the owner
258 fails.
259 (9) Advise the owner that if the illegal conditions are not corrected, the City may
260 pursue the matter further by civil and /or criminal enforcement, in addition to further
261 proceedings under this chapter;
262 (10) Advise the owner of the City's policy that generally repeat offenders will be
263 prosecuted.
264 (11) Advise the owner and other interested persons of programs for assistance which
265 may be provided by the City, and such other programs and community resources as the
266 Director believes may assist the owner or others to correct the illegal conditions.
267 11.10.320 Service of Complaint; Filing with County Auditor
268 If, after a preliminary investigation of any dwelling, building, structure, or premises in
269 the City of Yakima, the Director finds that it is unfit for human habitation or other use,
270 he /she shall cause to be served, either personally or by certified mail, with return
271 receipt requested, upon all persons having any interest therein, as shown upon the
272 records of the Yakima County Auditor's Office, and shall post in a conspicuous place on
273 such property, a complaint or notice and order stating in what respects such dwelling,
274 building, structure, or premises is unfit for human habitation or other use. If the
275 whereabouts of any of such persons is unknown and the same cannot be ascertained by
276 the Director in the exercise of reasonable diligence, and the Director makes an affidavit
277 to that effect, then service of such complaint or notice and order upon such persons may
278 be made either by personal service or by mailing a copy of the complaint or notice and
279 order by certified mail, postage prepaid, return receipt requested, to each such person at
280 the address of the building or premises involved in the proceedings, and mailing a copy
281 of the complaint or notice and order by first -class mail to any address of each such
282 person in the records of the county assessor or the county auditor for the county where
283 the property is located. Such complaint or notice and order shall contain a notice that a
284 hearing will be held before the Board at a place therein fixed, not less than ten days nor
285 more than thirty days after the serving of said complaint; and that all parties in interest
286 shall be given the right to file an answer to the complaint, to appear in person, or
287 otherwise, and to give testimony at the time and place in the complaint. The rules of
288 evidence prevailing in courts of law or equity shall not be controlling in hearings before
289 the Board. A copy of such complaint or notice and order shall also be filed with the
290 auditor of the county in which the dwelling, building, structure, or premises is located,
291 and such filing of the complaint or notice and order shall have the same force and effect
292 as other lis pendens notices provided by law.
Page 9 of 17
293 11.10.330 Voluntary Correction Agreement
294 (1) The Director may execute a voluntary correction agreement with the owner of a
295 dwelling, building, structure, or other premises the Director determines is unfit for
296 human habitation or other uses.
297 (2) A voluntary correction agreement is a contract between the City and the owner
298 in which such person agrees to abate the illegal conditions within a specified time and
299 according to specified conditions. The voluntary correction agreement shall include:
300 (a) The name and address of the owner and any other person bound under
301 the contract;
302 (b) The street address and a legal description sufficient to identify the
303 premises;
304 (c) A description of the conditions which render a dwelling, building,
305 structure, or other premises unfit for humanthabitation or other uses, and a reference to
306 the provisions of this chapter or other regulation that has been violated;
307 (d) The corrective action to be taken, and a date and time by which the
308 corrective action must be completed;
309 (e) A stipulation by the owner that the illegal condition(s) identified in the
310 complaint or notice and order do exist, and that the corrections specified in the
311 voluntary correction agreement are appropriate;
312 (f) A stipulation by the owner that the City of Yakima may abate the illegal
313 condition(s) and recover costs and administrative fees as an assessment to the owner
314 and a lien on the property pursuant to this chapter in the event of a material breach of
315 the voluntary correction agreement;
316 (g) The costs and administrative fees to be paid and by whom;
317 (h) Permission by the owner for the City to enter upon the property at any
318 reasonable times until the illegal condition(s) is abated; and
319 (i) An acknowledgement.
320 (3) The Director may, in his or her sole discretion, extend deadlines for correction if
321 the owner has been diligent and made substantial progress but has been unavoidably
322 delayed.
323 (4) The Director may determine that a material breach of a voluntary correction
324 agreement -has occurred, and may further determine what shall be done to abate the
325 illegal conditions which were the subject of the voluntary correction agreement. The
326 Director shall provide notice of such a determination in the same fashion as notice of
327 decisions of.the Board, and such determinations shall function as a decision of the
328 Board. A party to the voluntary correction agreement may appeal such a determination
329 to the City Council for review according to the procedures and standards applicable to
330 appeals of decisions of the Board.
Page 10 of 17
•
331 11.10.400 Board Hearing on Direct'or's Determination of Unfitness
332 (1) The Board shall be comprised of seven individuals appointed by the City Council
333 who represent different aspects of the public as a whole including local residents, the
334 building industry, the health community, the business community, the residential rental
335 community but not more than two from any of these. The members shall be appointed
336 to three -year terms except that initial appointments to the Board shall be for staggered
337 terms of either one, two, or three yearsto optimize the balance of experience among
338 members of the Board. The Board may adopt and publish such rules of procedure as
339 are necessary or convenient to carry out and effectuate the purposes and of
340 this chapter and chapter 35.80 RCW. Four members of the Board shall constitute a
341 quorum thereof for the transaction of business. Except as otherwise specified by law, a
342 majority vote of the Board members present at a meeting shall be required and shall be
343 sufficient to transact any business before the Board. The rules of evidence prevailing
344 in courts of law or equity shall not be controlling in hearings before the Board.
345 (2) Unless, prior to the time fixed for hearing in the complaint or notice and order
346 issued by the Director, arrangements satisfactory to the Director for the repair,
347 demolition, vacation or re- occupancy of the building or premises are made, including
348 the proper application for permits, or abatement of the illegal conditions, the Board
349 shall hold a hearing for the purpose of , ''determining the immediate disposition of the
350 dwelling, building, structure, or other premises. The hearing will be canceled if the
351 Director approves the completed corrective action at least 48 hours before the scheduled
352 hearing, and the Director shall provided the owner, complainants, and other interested
353 persons notice of the successful abatement of the illegal conditions.
354 (3) The Board shall conduct a hearing pursuant to its adopted rules. The Director or
355 his /her designee, the owner, and other, parties entitled to be served with the Director's
356 complaint or notice and order may participate as parties in the hearing and each party
357 may call witnesses. Any complainant or person affected by the illegal conditions may
358 appear and present evidence. The City shall have the burden of demonstrating by a
359 preponderance of evidence that the building or premises is unfit for human habitation
360 or other uses and that the required corrective action is reasonable. The Director's
361 determination of unfitness shall be accorded substantial weight. In the event of a tie
362 vote on a decision, the matter shall be referred on an expedited basis to the City of
363 Yakima Hearing Examiner for a new hearing and decision within thirty days. In such
364 cases, the Hearing Examiner's decision,1shall be understood to take the place of a
365 decision of the Board for the purposes Of subsequent proceedings under this chapter.
366 Furthermore, appeals of the Hearing Examiner's_ decision in such cases shall be
367 appealable only to the City Council.
368 (4) If the owner or other persons with interest of record fail to appear at the
369 scheduled hearing, the Board may enter an order finding that the dwelling, building,
370 structure, or premises is unfit for human habitation or other uses and assess the
371 appropriate costs and administrative fees.
Page 11 of 17
' J
372 (5) If, after considering evidence and argument submitted by the Director, the owner
373 and other interested parties, the Board determines that the dwelling, building,
374 structure, or premises is unfit for human habitation or other use, it shall issue and cause
375 to be served upon the owner and other persons entitled to notice of the Director's
376 complaint, and shall post in a conspicuous place on said property, a written order
377 which:
378 (a) States its findings of fact and conclusions in support of such order; and
379 (b) : Requires the owner or party in interest, within the time specified in the
380 order, to repair, alter, or improve such dwelling, building, structure, or premises to
381 render it fit for human habitation or other use, or to vacate and close the dwelling,
382 building, structure, or premises, if such course of action is deemed proper on the basis
383 of the standards set forth in this chapter; and
384 (c) Requires the owner or party in interest, within the time specified in the
385 . order, to remove or demolish such dwelling, building, structure, or premises, if this
386 course of action is deemed proper on the basis of said standards; and
387 (d) States the City's costs and administrative fees which have been incurred
388 as a consequence of the illegal conditions, and that such costs and fees shall be charged
389 to the owner and assessed against the real property if they are not paid timely.
390 (e) States that if the owner or party in interest, following exhaustion of his or
391 her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate,
392 close, remove, or demolish the dwelling, building, structure, or premises, the City may
393 direct or cause such dwelling, building, structure, or premises to be repaired, altered,
394 improved, vacated, and closed, removed, or demolished, and that the costs of such
395 abatement by the City shall be charged to the owner and assessed against the real
396 property where the abatement occurs.
397 (6) The order shall state that the owner has the right to appeal to the City Council
398 within 30 days and, unless he or she does appeal or comply with the order, the City
399 shall have the power, without further notice or proceedings, to vacate and secure the
400 building or premises and do any act required of the owner in the order of the Board,
401 and to charge any expenses incurred thereby to the owner and assess them against the
402 property. .
403 (7) The Director shall serve the owner and other parties entitled to be served with
404 the Director's complaint, a copy of the Board's decision by certified mail, within five
405 working days following the hearing. .
406 (8) If no appeal is filed, a copy of such order shall be filed with the Auditor of
407 Yakima County and shall be a final order.
408 11.10.410. Enforcement
409 (1) The order of the Board may prescribe times within which demolition shall be
410 commenced or completed. If the action is not commenced or completed within the
Page12 of17
411 prescribed time, or if no time is prescribed within the time for appeal, the Director may,
412 after the period for appeal has expired,lcause the building to be demolished and the
413 premises to be suitably filled and cleared as provided by the chapter. If satisfactory •
414 progress has been made and sufficient evidence is presented that the work will be
415 completed within a reasonable time, the Director or the Board may extend the time for
416 completion of the work. If satisfactory 'or substantial progress has not been made, the
417 Director may cause the building to be demolished and the premises suitably filled and
418 cleared. The Director shall let bids for any demolition in accordance with this chapter.
419 (2) If other action ordered by the Board is not taken within the time prescribed, or if
420 no time is specified within the time for appeal, the Director may, after the period for
421 appeal has expired, cause the action to be taken by the City.
422 (3) If the Director deems it necessary to have the building secured as an interim
423 measure for the protection of the public health and welfare while pending action, he or
424 she may so order. If the owner is unable or unwilling to secure the building within 48
425 hours, the Director may order the building secured by the City.
426 (4) If the owner is unable to comply with the Board order within the time required,
427 and the time for appeals to the City Council or petition to the court has passed, he or
428 she may, for good and sufficient cause beyond his /her control, request in writing an
429 extension of time. The Board or the City Council may grant a reasonable extension of
430 time after a finding that the delay was beyond the control of the owners. There shall be
431 no appeal or petition from the Board or the City Council's ruling on an extension of
432 time.
433 11.10.500 Appeal of Board Decision
434 The owner or any party in interest may within thirty days from the date of service and
435 posting of an order issued by the Board under the provisions of this chapter, file an
436 appeal by filing a written Notice of Appeal with the City Clerk setting out the reasons
437 he or she believes the determination or Border of the Board to be erroneous. The
438 appellant must elect whether the appeal shall be heard by the City Council or the
439 Hearing Examiner. The decision of the decision -maker chosen by the appellant
440 shall be final, without recourse to the other, and only appealable to the Superior Court. •
441 An appeal fee of $100 is required. There will be not less than ten (10) nor more than
442 thirty (30) days from the date of said appeal or referral and the appeal hearing. Notice
443 of the time and place of the hearing shall be made in accord with section 11.10.320
444 YMC. The matter of the appeal will be scheduled for public hearing before the Appeal
445 decision -maker so as to allow 10 days' notice of the hearing to the appellant and all
446 interested parties and to permit final decision thereon to be made within 60 days after
447 the filing of the appeal. The filing of the Notice of Appeal shall stay the order of the
448 Director or Board, except so much thereof as requires temporary measures, such as
449 securing of the building to minimize any emergent danger to the public health or safety.
Page 13 of 17
450 11.10.510 Hearings Before the Appeal Decision -Maker
451 (1) Upon timely appeal, the appeal decision -maker shall review the proceedings and
452 orders of the Board and determine whether to affirm, modify or vacate said orders.
453 (2) The appeal decision - maker's review is on the record, not de novo. In the absence
454 of good cause, the appeal decision -maker will not accept new evidence or evidence not
455 made available to the Board. Upon the public hearing of the appeal, the appeal
456 decision -maker shall consider the file of the proceedings before the Board and such
457 other evidence as may be presented.
458 (3) The appeal decision -maker shall review the record and such supplemental
459 evidence as is permitted under subsection (2) above. The appeal decision -maker may
460 grant relief only if the party seeking relief has carried the burden of establishing that.
461 one of the standards set forth in (a) through (g) of this subsection has been met. The
462 standards are based on but not limited to:
463 (a) The Board engaged in unlawful procedure or failed to follow a prescribed
464 process, unless the error was harmless;
465 (b) The Board's decision is an erroneous interpretation of the law;
466 (c) The Board's decision is not supported by evidence that is substantial when
467 viewed in light of the whole record before the appeal decision - maker;
468 (d) The Board's decision is a clearly erroneous application of the law to the
469 facts;
470 (e) The Board's decision is outside the authority or jurisdiction of the Board's;
471 or
472 (f) The Board's decision violates the constitutional rights of the party seeking
473 relief.
474 (4) The appeal decision -maker may recognize and give appropriate effect to special
475 and extenuating circumstances which, . in order to do substantial justice, warrant the
476 exercise of discretion to adjust the timeframes, standards, and other provisions of this
477 chapter.
478 (5) After the hearing, the appeal decision -maker may affirm, modify or vacate the
479 order of the Board, or may continue the matter for further deliberation or presentation
480 of additional evidence.
481 (6) A record of the proceedings shall be made and kept for at least three (3) years or
482 until the matter is final, whichever is longer.
483 (7) The appeal decision -maker shall cause its findings of fact and order to be made
484 in writing; provided that the appeal decision -maker may adopt the findings and order
485 of the Board, or so much thereof as supports its decision. In addition, such order shall
486 state that the owner has the right to petition the Superior Court of Yakima County for
487 appropriate relief within 30 days after the order becomes final.
Page 14 of 17
•
488 8 The appeal decision-maker's findings and order shall be served upon the same
() Pp g p
489 persons and posted in the same manner as a complaint or notice and order of the
490 Director.
491 (9) Any action taken by the appeal,decision -maker shall be final sixty (60) days after
492 the filing of a notice of appeal unless continued with consent of the owner or occupant.
493 (10) In the event that the appeal decision -maker fails to reach a decision or continues
494 the hearing beyond 60 days after the filing of an appeal, the Director or Board's order
495 and finding shall be that of the appeal; maker's, and shall be final and subject to
496 petition to the Superior Court; provided that any continuance at the request or with the
497 consent of any owner or occupant shall suspend, for the length of the continuance, the
498 running of the sixty (60) days allowed ifor final decision.
499 (11) The appeal decision - maker's order shall be enforced in the same manner as an
500 order of the Board.
501 (12) A transcript of the findings of fact of the appeal hearing before the appeal
502 decision -maker shall be made availabl "e to the owner or other party in interest upon
503 demand at the requestor's expense. „
504 (13) The findings, determinations and orders of the appeal decision -maker on appeals
505 of determinations and orders issued by the Board shall be reported in the same manner
506 and'shall bear the same legal consequences as if issued by the Board, and shall be
507 subject to review only in the manner and to the extent provided in YMC 11.10.520.
508 11.10.520 Appeal to Superior Court
509 Any interested person affected by an order issued by the appeal decision -maker
510 pursuant to sections 11.10.500 and 11.10.510 YMC may, within thirty days after the
511 posting and service of the order, petition to the Superior Court for an injunction
512 restraining the City from carrying out the provisions of the order. In all such
513 proceedings the court is authorized to laffirm, reverse, or modify the order and such
514 trial shall be heard de novo.
515 11.10.600 Assessment and Lien on the Real Property
516 The amount of the cost of any repairs, alterations or improvements, or vacating and
517 closing, or removal or demolition by the City, including the administrative fees
518 established in this chapter, shall be assessed against the owner and shall be a lien
519 against the real property upon which such costs and fees were incurred unless such
520 amount is previously paid.
521 The Director of Finance, or his /her designee, shall certify any such assessment amount
522 due and owing to the treasurer, who, pursuant to RCW 35.80.030, shall enter the
523 amount of such assessment upon the tax rolls against the property for the current year
524 and the same shall become a part of the general taxes for that year to be collected at the
525 same time and with interest at such rates and in such manner as provided for in RCW
526 84.56.02, as now or hereafter amended, for delinquent taxes, and when collected to be
Page 15 of 17
f ,
527 deposited to the credit of the general fund of the City. If the dwelling, building,
528 structure, or premises is removed or demolished by the City, the City shall, if possible,
529 sell the materials of such dwelling, building, structure, or premises, and shall credit the
530 proceeds of such sale against the cost of the removal or demolition and if there be any
531 balance remaining, it shall be paid to the parties entitled thereto, as determined by the
532 Board, after deducting the City's costs and administrative fees incident thereto.
533 The assessment shall constitute a lien against the property which shall be of equal rank
534 with state, county and municipal taxes. •
535 11.10.610 Costs of Abatement and Administrative Fees
536 (1) The costs of abatement, repair, alteration or improvement, or vacating and
537. closing, or removal or demolition, when such actions are performed at the City's cost,
538 shall be assessed against the real property upon which such costs were incurred unless
539 paid. The Director shall forward a report of such unpaid costs to the City Finance
540 Director, who shall certify them to the County Treasurer for assessment on the tax rolls,
541 as provided by RCW 35.80.030(h).
542 (2) Bids for demolition or repair shall be let only to a licensed contractor. The
543 contract documents shall provide that the value of the materials and other salvage of
544 the property shall be credited against the costs of the demolition. The contract
545 documents may require bidders to estimate the salvage value of the property and, by
546 claiming the salvage, reduce the amount of his /her bid accordingly. The contract price
547 fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage
548 value. Such bids may be let prior to the time for compliance or appeal, but shall not be
549 binding or accepted until the order for demolition is final. The Director shall have the
550 authority to sign the contract on behalf of the City.
551 (3) Actual costs and expenses will be assessed in accord with the provisions of this
552 section.
553 (4) In addition to actual abatement costs, the following administrative fee shall be
554 assessed and collected in the same manner for such dwellings, buildings, structures, or
555 premises which are determined to be unfit for human habitation or other uses:
556 (a) Where abatement is approved by the Director prior to Board hearing the
557 administrative fee shall be $200.00, except that these fees shall not be required for a first
558 offense if abatement is complete 48 hours prior to a Board hearing.
559 (b) Where abatement is accomplished less than 48 hours prior to a Board
560 hearing the administrative fee shall be $300.00.
561 (c) Where abatement is accomplished following breach of an agreement or
562 understanding between a property owner and Director, Board, or appeal decision -
563 maker the administrative fee shall be $600.00.
564 (d) Where the abatement is accomplished by the City following hearing or
565 default of the property owner the administrative fee shall be $1,000.00.
Page 16 of 17
566 (5) The Board or the appeal decision -maker may, upon recommendation from the
567 Director, modify the amount, methods; or time of payment of such fees as the condition
568 of the property and the circumstances of the owner may warrant. In determining such
569 adjustments, the appeal decision -maker may reduce the costs to an owner who has
570 acted in good faith and would suffer extreme financial hardship. The appeal decision-
571 maker may, upon recommendation from the Director, increase the administrative fees if
572 it appears that the scheduled fees are inadequate to make the City whole with respect to
573 a particular unfit dwelling, building, structure, or other premises.
Section 2. 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.
Section 3. 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 4. 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 HE CITY COUNCIL IL at a regular meeting and signed and
approved this Zp day of April, 1999J
2 "7/-1- ,
John Puccinelli, Mayor
ATTEST:
City. Clerk
Publication Date: 4 l
Effective Date: r ► 1
C: \word \codes \code enf reform \35.80 ord \final ord.doc Last printed 04/07/99 9:46 AM
Page 17 of 17
•
. ;
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: April 6, 1999
ITEM TITLE: Ordinance to establish process for abatement of unfit dwellings,
buildings, structures and premises as authorized by chapter
35.80 RCW
SUBMITTED BY:qI Cook, Director of Community and Economic Development
CONTACT: Leonard Hall, Code Administration Manager (575 -6131)
Lawrence A. Peterson, Assistant City Attorney (565 -6030)
SUMMARY EXPLANATION:
The proposed ordinance establishes an abatement process for dwellings,
buildings, structures and premises which are harmful to public health, safety
and welfare. This process is authorized by chapter 3580 RCW. A Community
Review Board is established by the ordinance. This ordinance is the result of
the Code Enforcement Review Committee's recommendations to Council during
. the March 2, 1999, Study Session, and reflects consideration by the Committee
of the draft which was presented to the City Council on March 16, 1999, and
inquiries made by members of the City Council at that meeting. (See attached
attendance sheet.)
Included in the ordinance are:
• Procedures for enforcing the City's policies concerning maintenance of
property including voluntary correction agreements, responsibilities of the
Community Review Board and appeals to City Council.
• Actual costs of abatement performed by the City and administrative fees
associated with the time and resources spent by the City to enforce its
Continued on next page
Resolution Ordinance X Contract Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
C,ky Manager
STAFF RECOMMENDATION: Approve ordinance.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
... it
ITEM TITLE: Ordinance to establish process for abatement of unfit dwellings,
buildings, structures and premises as authorized by chapter 35.80 RCW
April 6, 1999
Page 2o!2
policies will be assessed against property owners who fail to cooperated to
abate illegal conditions.
• Proposed representation on the Community Review Board: Individual
members to be recommended through Council's committee nomination
process and appointed by Council.
•
•
�" ,
35.80.030 .
• r.
Title 35 RCW: Cities and Towns
,
exercise such powers as may be necessary or c onvenient to 35.80A.040 Authority to enter blighted buildings or property—
carry out and effectuate the purposes and provisions of this
section. These powers shall include the following in A cc y - 1989 c 271.
eptance of financial assistance.
35.80A.900 Severabilit
addition to others herein granted: (a)(i) To determine which
•
IP
35.80A.010 Condemnation of blighted property.
dwellings within the municipality are unfit) }for human
habitation; (ii) to determine which buildings, structures, or Every county, city,.and town may acquire by condemnation,
premises are unfit for other use; (b) to administer oaths and in accordance with the notice requirements and other pro -
affirmations, examine witnesses and receive evidence; and cedures for condemnation provided in Title 8 RCW, any
(y conditions property, dwelling, building, or structure which constitutes a
(c) to investigate the dwelling and other propert
in the municipality or county and to enter upon premises for blight on the surrounding neighborhood. A "blight on the
the purpose of making examinations when
premises
surrounding neighborhood" is any property, dwelling,
th board or
officer has reasonable ground for believing they are unfit for building, or structure that meets any two of the following
human habitation, or for other use: PROVIDED;' That such factors: (1) If a dwelling, building, or structure exists on the
entries shall be made in such manner as to cause the least property, the dwelling, building, or structure has not been
possible inconvenience to the persons in possession, and to lawfully occupied for a period of one year or more; (2) the
obtain an order for this purpose after submitting evidence in property, dwelling, building, or structure constitutes a threat
support of an application which is adequate to justify such to the public health, safety, or welfare as determined by the
an order from a court of competent jurisdiction in the event executive authority of the county, city, or town, or the
entry is denied or resisted. designee of the executive authority; or (3) the property,
(4) The local governing body of any municipality dwelling, building, or structure is or has been associated with
adopting an ordinance pursuant to this chapter may appropri- illegal drug activity during the previous twelve months.
ate the necessary funds to administer such ordinance. Prior to such condemnation, the local governing body shall
(5) Nothing in this section shall be construed to abro adopt a resolution declaring that the acquisition of the real
gate or impair the powers of the courts or of any department property described therein is necessary to eliminate neighbor-
of any municipality to enforce any provisions of its charter hood blight. . Condemnation of property, dwellings, build -
or its ordinances or regulations, nor to prevent or punish ings, and structures for the purposes described in this chapter
violations thereof; and the powers conferred by this section is declared to be for a public use. [1994 c 175 § 1; 1989 c
shall be in addition and supplemental to the powers con- 271 § 239.]
•
ferred by any other law.
•
(6) Nothing in this section shall be construed t impair 35.80A.020 Transfer of blighted property acquir
or limit in any way the power of the municipality to define by condemnation. Counties, cities, and towns may se
and declare nuisances and to cause their removal or abate- lease, or otherwise transfer real property acquired pursuant
ment, by summary proceedings or otherwise. to this chapter for residential, recreational, commercial,
(7) Any municipality may (by ordinance adopted by its industrial, or other uses or for public use, subject to such
governing body) (a) prescribe minimum standards for the use covenants, conditions, and restrictions, including covenants
and occupancy of dwellings throughout the municipality, or running with the land, as the county, city, or town deems to
county, (b) prescribe minimum standards for the use or occu- be necessary or desirable to rehabilitate and preserve the
pancy of any building, structure, or premises used for any dwelling, building, or structure in a habitable condition. The
other purpose, (c) prevent the use or occupancyof any purchasers or lessees and their successors and assigns shall
dwelling, building, structure, or premises, which is injurious be obligated to comply with such other requirements as the
to the public health, safety morals, or welfare, and (d) county, city, or town may determine to be in the public
prescribe punishment for the violation of any provision of interest, including the obligation to begin, within a ma-
such ordinance. [1989 c 133 § 3; 1984 c 213 § 1; 1973 1st sonable time, any improvements on such property required
ex.s. c 144 § 1; 1969 ex.s. c 127 § 3; 1967 c 111 § 3; 1965 to make the dwelling, building, or structure habitable. Such
c 7 § 35.80.030. Prior: 1959 c 82 § 3.] real property or interest shall be sold, leased, or otherwise
35.80.040 Discrimination prohibited. For Fa transferred,
value of
the fair market fair
real property value. In de
ll the in
purposes of this chapter and the ordinances adopted as mining property for uses in
accordance with this section, a municipality shall take into
•
provided herein, no person shall, because of race, 'creed, account and give consideration to, the restrictions upon and
color, or national origin, be subjected to any discrimination. the covenants, conditions, and obligations assumed by the
[1965 c 7 § 35.80.040. Prior: 1959 c 82 § 4.] i purchaser or lessee. [1989 c 271 § 240.]
Discrimination —Human rights commission: Chapter 49.60 RCW. '^
• 35.80A.030 Disposition of blighted property —
Procedures. A county, city, or town may dispose of real
Chapter 35.80A
property acuired pursuant to this section
CONDEMNATION OF BLIGHTED PROPERTY only under such reasonable, comp titi et private
procedures as it
persons
Sections shall prescribe. The county, city, or town may accept such
35.80A:010 Condemnation of blighted property. proposals as it deems to be in the public interest and in
35.80A.020 Transfer of blighted property acquired by condemnation. furtherance of the purposes
35.80A.030 Disposition "of blighted property— Procedures. Y or towt execute and t deliverr Contracts,
county, city, may
deeds, leases, and other instruments of transfer. [1989 c 271
§ 241.]
[Title 35 RCVV —page 246]
i •
(1998 Ed.) •
if
' 11
Iti
Unfit Dwellings, Buildings, and Structures 35.80.030
I
;
40
parties in interest shall be given the right to file an answer The local governing body of the municipality shall ' •_' •
to the complaint, to appear in person, or otherwise, and to designate or establish a municipal agency to serve as the
give testimony at the time and place in the complaint. The appeals commission. The local governing body shall also •
rules of evidence prevailing in courts of law or equity shall establish rules of procedure adequate to assure a prompt and •
not be controlling in hearings before the board or officer. A thorough review of matters submitted to the appeals commis -
copy of such complaint shall also be filed with the auditor sion, and such rules of procedure shall include the following,
of the county in which the dwelling, building, structure, or without being limited thereto: (i)•AII matters submitted to
premise [premises] is located, and such filing of the com- the appeals commission must be resolved by the commission
plaint or order shall have the same force and effect as other within sixty days from the date of filing therewith and (ii) a
lis pendens notices provided by law. transcript of the findings of fact of the appeals commission
(d) That the board or officer may determine that a shall be made available to the owner or other party in
dwelling,.building, structure, or premises is unfit for human interest upon demand.
habitation or other use if it finds that conditions exist in such The findings and orders of the appeals commission shall •
dwelling, building, structure, or premises which are danger - be reported in the same manner and shall bear the same legal
ous or injurious to the health or safety of the occupants of consequences as if issued by the board, and shall be subject
such dwelling, building, structure, or premises, the occupants to review only in the manner and to the extent provided in
of neighboring dwellings, or other residents of such munici- subdivision (2) of this section.
pality. Such conditions may include the following, without If the owner or party in interest, following exhaustion of
limitations: Defects therein increasing the hazards of fire or his rights to appeal, fails to comply with the final order to
accident; inadequate ventilation, light, or sanitary facilities, repair, alter, improve, vacate, close, remove, or demolish the
dilapidation, disrepair, structural defects, uncleanliness, dwelling, building, structure, or premises, the board or
• overcrowding, or inadequate drainage. The ordinance shall officer may direct or cause such dwelling, building, struc-
state reasonable and minimum standards covering such ture, or premises to be repaired, altered, improved, vacated,
conditions, including those contained in ordinances adopted and closed, removed, or demolished.
in accordance with subdivision (7)(a) herein, to guide the (h) That the amount of the cost of such repairs, alter -
board or the public officer and the agents and employees of ations or improvements; or vacating and closing; or removal
either, in determining the fitness of a dwelling for human or demolition by the board or officer, shall be assessed
ill habitation, or building, structure, or premises for other use. against the real property upon which such cost was incurred
(e) That the determination of whether a dwelling, unless such amount is previously paid. Upon certification to
building, structure, or premises should be repaired or him by the treasurer of the municipality in cases arising out
demolished, shall be based on specific stated standards on (i) of the city or town or by the county improvement board or
the degree of structural deterioration of the dwelling, officer, in cases arising out of the county, of the assessment
building, structure. or premises. or (ii) the relationship that amount being due and owing, the county treasurer shall enter
the estimated cost of repair bears to the value of the dwell- the amount of such assessment upon the tax rolls against the
ing, building, structure, or premises, with the method of property for the current year and the same shall become a
determining this value to be specified in the ordinance. part of the general taxes for•that year to be collected at the
(f) That if, after the required hearing, the board or offs- same time and with interest at such rates and in such manner
cer determines that the dwelling is unfit for human habita- as provided for in RCW 84.56.020, as now or hereafter
tion. or building or structure or premises is unfit for other amended, for delinquent taxes, and when collected to be
use, it shall state in writing its findings of fact in support of deposited to the credit of the general fund of the municipali
such determination, and shall issue and cause to be served ty. If the dwelling, building, structure, or premises is
upon the owner or party in interest thereof, as is provided in removed or demolished by the board or officer, the board or
subdivision (1 )(c), and shall post in a conspicuous place on officer shall, if possible, sell the materials of such dwelling, •
said property, an order which (i) requires the owner or party building, structure, [or] premises in accordance with proce- '
in interest. within the time specified in the order, to repair, dures set forth in said ordinance, and shall credit the pro -
alter, or improve such dwelling, building, structure, or ceeds of such sale against the cost of the removal or demoli-
premises to render it fit for human habitation, or for other tion and if there be any balance remaining, it shall be paid •
use, or to vacate and dose the dwelling, building, structure, to the parties entitled thereto, as determined by the board or
or premises, if such course of action is deemed proper on the officer, after deducting the costs incident thereto. I
basis of the standards set forth as required in subdivision The assessment shall constitute a lien against the
(1)(e); or (ii) requires the owner or party in interest, within property which shall be of equal rank with state, county and
the time specified in the order, to remove or demolish such municipal taxes.
dwelling, building, structure, or premises, if this course of (2) Any person affected by an order issued by the
action is deemed proper on the basis of said standards. If no appeals commission pursuant to subdivision (1)(f) hereof
0 appeal is tiled, a copy of such order shall be filed with the may, within thirty days after the posting and service of the
auditor of the county in which the dwelling, building, order, petition to the superior court for an injunction restrain -
structure, or premises is located. ing the public officer or members of the board from carrying
(g) The owner or any party in interest, within thirty days out the provisions of the order. In all such proceedings the
from the date of service upon the owner and posting of an court is authorized to affirm, reverse, or modify the order
order issued by the board under the provisions of subdivision and such trial shall be heard de novo. 1
(c) of this subsection. may file an appeal with the appeals (3) An ordinance adopted by the local governing body F
commission. of the municipality may authorize the hoard or officer to
[Title 35 RU\\" —pate 2451
1 •
G-
4
J
35.79.035 Title 35 RCW: Cities and Towns
public hearing or send a letter -to a particular official indicat- (2) "Local governing body" shall mean the council
ing his or her objection; and board, commission, or other legislative body charged with
(d) Make a finding that the street or alley sought to be governing the municipality or county;
vacated is not suitable for any of he purposes listed under (3) "Municipality" shall mean any city, town or county
(b) of this subsection, and that the vacation is in the public in'the state;
interest. p (4) "Public officer" shall mean any officer who is in
(3) No vacation shall be effective until the fair market charge of any department or branch of the government of the
value has been paid for the street or alley that is vacated. municipality or county relating to health, fire, building
Moneys received from the vacation may be used by the city regulation, or other activities concerning dwellings, build -
or town only for acquiring additional beach or water 'access, ings, structures, or premises in the municipality or county.
acquiring additional public view sites to a body of water, or [1989 c 133 § 2; 1969 ex.s. c 127 § 2; 1967 c 111 § 2; 1965
acquiring additional moorage or launching sites. [1987 c c 7 § 35.80.020. Prior: 1959 c 82 § 2.]
228 § 2.]
35.80.030 Permissible ordinances— Appeal. (1)
35.79.040 Title to vacated street or alley. If any Whenever the local governing body of a municipality finds •
street or alley in any city or town is vacated by the city or that one or more conditions of the character described in
town council, the property within the limits so vacated shall RCW 35.80.010 exist within its territorial limits, said
belong to the abutting property owners, one -half to each. governing body may adopt ordinances relating to such
[1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.] dwellings, buildings, structures, or premises. Such ordinanc
es may provide for the following:
35.79.050 Vested rights not affected. No vested (a) That an "improvement board" or officer be designat-
rights shall be affected by the provisions of this chapter. ed or appointed to exercise the powers assigned to such
[1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.] board or officer by the ordinance as specified herein. Said
board or officer may be an existing municipal board or
1 officer in the municipality, or may be a separate board or
Chapter 35.80 officer appointed solely for the purpose of exercising the
UNFIT DWELLINGS, BUILDINGS, AND ', v powers assigned by said ordinance. ,_
STRUCTURES 1 If a board is created, the ordinance shall' specify the
vi terms, method of appointment, and type of membership of
Sections said board, which may be limited, if the local governing
35.80.010 Declaration of purpose. ir , body chooses, to public officers as herein defined.
35.80.020 Definitions. l
35.80.030 Permissible ordinances — Appeal. ` (b) If a board is created, a public officer, other than a
35.80.040 Discrimination prohibited. member of the improvement board, may be designated to
w ork with the board and carry out the duties es and exercise
35.80.010 Declaration of purpose. It is hereby found the powers assigned to said public officer by the ordinance.
that there exist, in the various municipalities and counties of (c) That if, after a preliminary investigation of any
the state, dwellings which are unfit for human habitation, dwelling, building, structure, or premises, the board or
of
and buildings, structures, and premises or portions thereof officer finds that it is unfit for human habitation or other
which are unfit for other uses due to dilapidation, disrepair, use, he shall cause to be served either personally or by
certified
structural defects, defects increasing the hazards ofifire, mail, with return receipt requested, upon all persons
accidents, or other calamities, inadequate ventilatio and having any interest therein, as shown upon the records of the
uncleanliness, inadequate light or sanitary facilities, inade auditor's office of the county in which such property is
quate drainage, overcrowding, or due to other conditions located, and shall post in a conspicuous place on such
which are inimical to the health and welfare of the residents
property, a complaint stating in what respects such dwelling,
building, structure, or premises is unfit for human habitation
of such municipalities and counties.
con or other use. If the whereabouts of any of such persons is
It is further found and declared that the powers
ferred by this chapter are for public uses and purposes for unknown and the same cannot be ascertained by the board
which public money may be expended, and that the necessity or officer in the exercise of reasonable diligence, and the
P y y board or officer makes an affidavit to that effect, then the
of the public interest for the enactment of this law is hereby
declared to be a matter of local legislative determination. serving of such complaint or order upon such persons may
[1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967 c 111 § 1; 1965 be made either by personal service or by mailing a copy of
c 7 § 35.80.010. Prior: 1959 c 82 § 1.] the complaint and order by certified mail, postage prepaid,
return receipt requested, to each such person at the address
of the building involved in the proceedings, and mailing a
35.80.020 Definitions. The following terms, however copy of the complaint and order by first class mail to any
o used or referred to in this chapter, shall have the following address of each such person in the records of the county
meanings, unless a different meaning is clearly indicated by assessor or the county auditor for the county where •
the context: y ere the
(1) "Board" shall mean the improvement board as hat hearing be held before the board or officer, a
provided for in RCW 35.80.030(1)(a);
place therein fixed, not less than ten days nor more than
thirty days after the serving of said complaint; and that all
[Title 35 RCW —page 244] i`
i I998 Ed I
9/p- /11 .ibeeAt- 0, 3 -R 3 •- i
• ci ALo` U -- T%f
4 (4 , 4 j 4,, Oz7 .3/go sr S - 7 S = (. 2 c)cv i
--5Frcor a
lurs5 l I . -. - l SO - 1 3 e_► eY,4 9-_( 736/
ot-,..-. k . 6-R AJ c s2 4-S ,2 - /
414_ /s j0 1r= of -. g - i 9�- 7
Y c ,L 1 3 -,/ 07?,eilfryzz.— -X- '
c Lae__ t/ /1/.5//-e___ _5-7?- ..,,v//7
1.90 frm SviJ 6 02_ ,k, 2 ma 5- r ;Zyg- 723? '
- - i "? *'17 .11-1 We-ire-I 3 0 ? A/ o 7
/
y R�►`"`�' W.-1-(5-10 --6�3
L t4 e- ►4-� -v S� l� c, �" �c r Y
# 41 p F _-3 -
triic P c7 6tesv t ( 44_ If 5 -7 c - ( 3D
1N G�
2 I ot fiV► 575--- G2 � 7
.:-Ztp 40--vs VApie .1 4 A 7 , =:5 7 5/.54._2ZC -- Ze - ( - 2 1 7/_5
•