HomeMy WebLinkAbout2022-014 Ordinance amending the Yakima Municipal Code Chapter 11.40 Property Maintenance Code to consolidate other city ordinances that address similar property conditions; and repeal Chapters YMC 10.05.145, YMC 11.09, YMC 11.11ORDINANCE NO. 2022-014
AN ORDINANCE amending Chapter 11.40 of the City of Yakima Municipal Code
WHEREAS, the International Property Maintenance Code establishes minimum housing
standards and requirements for the maintenance of existing buildings and property, including
procedures for the abatement of nuisances, dangerous buildings and various other fire/life/safety
conditions; and,
WHEREAS, the City Council of the City of Yakima has adopted the International Property
Maintenance Code with additions and amendments establishing criteria by which to address such
nuisances and dangerous conditions found on properties; and,
WHEREAS, after review, the City of Yakima finds that there are sections of the
International Property Maintenance Code that should be further amended in order to consolidate
other city ordinances that address similar property conditions and to address conditions unique
to the community; and,
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to make such necessary amendments and additions to Yakima Municipal
Code Chapter 11.40: Property Maintenance Code; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 11.40.101.3: Amendment to Section 101.3 shall be added to the Yakima
Municipal Code to read as follows:
11.40.101.3 Amendment to Section 101.3.
Section 101.3 of the 2018 International Property Maintenance Code is amended to read as
follows:
101.3 Intent. This code shall be construed to secure its expressed intent, which is to
ensure public health, safety and welfare insofar as they are affected by the continued
occupancy and maintenance of structures and premises. Existing structures and premises
that do not comply with these provisions shall be altered, maintained or repaired to provide
a minimum level of health and safety as required herein, and as required by the
Washington State Fire Code.
Section 2. Section 11.40.102.2: Amendment to Section 102.2 shall be added to the Yakima
Municipal Code to read as follows:
11.40.102.2 Amendment to Section 102.2.
Section 101.2 of the 2018 International Property Maintenance Code is amended to read as
follows:
102.2 Maintenance. Equipment, systems, devices, safeguards, maintenance and
alterations required by this code, the International Fire Code, or a previous regulation or
code under which the structure or premises was constructed, altered or repaired shall be
maintained in good working order. An owner, owner's authorized agent, operator or
occupant shall not cause any service, facility, equipment or utility that is required under
this section to be removed from, shut off from or discontinued for any occupied dwelling,
except for such temporary interruption as necessary while repairs or alterations are in
progress. The requirements of this code are not intended to provide the basis for removal
or abrogation of fire protection and safety systems and devices in existing structures.
Except as otherwise specified herein, the owner or the owner's authorized agent shall be
responsible for the maintenance of buildings, structures and premises.
Section 3. Section 11.40.104.7: Permits required, shall be added to the Yakima Municipal Code
to read as follows:
11.40.104.7 Addition of Section 104.7.
Section 104.7 shall be added to the Yakima Municipal Code and supplement the 2018
International Property Maintenance Code to read as follows:
104.7 Permits required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair,
move, demolish or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by the codes of the jurisdiction, or
to cause such work to be performed shall obtain the required permits in accordance with
the laws of the jurisdiction.
Section 4. Section 11.40.106.4.1: Fees, shall be added to the Yakima Municipal Code to read
as follows:
11.40.106.4.1 Addition of Section 106.4.1.
Section 106.4.1 shall be added to the Yakima Municipal Code and supplement the 2018
International Property Maintenance Code to read as follows:
106.4.1 Fees.
When required inspections are performed after the issuance of a Notice of Violation and
Order, a minimum two (2) hour inspection fee shall be assessed for each inspection.
Inspection fees shall be based on the actual cost to the jurisdiction at the time the
inspection is performed.
Section 5. Section 11.40.108.1.3: Amendment to Section 108.1.3, shall be added to the Yakima
Municipal Code to read as follows:
11.40.108.1.3 Amendment to Section 108.1.3.
Section 108.1.3 of the 2018 International Property Maintenance Code is amended to read as
follows:
108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy
whenever the code official finds that such structure is unsafe, unlawful or, because of the
degree to which the structure is in disrepair or Tacks maintenance, is insanitary, vermin or
rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment or construction requirements required by
this code, or because the location of the structure constitutes a hazard to the occupants
of the structure or to the public.
Section 6. Section 11.40.108: Amendment to Section 108.6, shall be added to the Yakima
Municipal Code to state as follows:
11.40.108.6 Amendment to Section 108.6.
Section 108.6 of the 2018 International Property Maintenance Code is amended to read as
follows:
108.6 Abatement methods. The owner, owner's authorized agent, operator or occupant
of a building, premises or equipment deemed unsafe by the code official shall abate or
cause to be abated or corrected such unsafe conditions either by repair, rehabilitation,
demolition or other approved corrective action.
108.6.1 Debris removal following a fire. Any person having under his or her control
or in his or her possession upon any premises in the city any substances or debris
which have been rendered useless or unmerchantable by reason of any fire on the
premises must remove the same within forty-eight hours after notice to do so has
been given in accordance with the procedures in Section 107.3 by the code official to
such person.
108.6.1.1 Partially burned structures. Whenever any building or other
structure in the city is partially burned, the owner thereof, or the person in
charge or control thereof, shall, within ten days after notice from the code
official, remove from the premises all refuse, debris, and partially burned
lumber that has become detached from the structure; and if the building or
structure is burned to such an extent that it cannot be repaired as determined
by the procedures in Section 110 of this code, the owner of the property
upon which it is located, or the occupant thereof, shall, within the timeframe
specified in the notice from the code official, remove all the remaining portion
of the building or structure from the premises.
108.6.1.2 Failure to abate. In the event notice is provided and the property
owner fails to take the steps necessary to remove fire related refuse, debris,
partially burned lumber or anything else outlined in the notice that must be
removed pursuant to this section, the city shall take such steps as are
necessary, including, but not limited to, hiring a third party, to take all actions
outlined in the notice. All costs and fees associated with the city taking such
action shall be paid by the property owner. If the costs and fees are not paid
within thirty days of receipt of an invoice, the costs and fees shall become a
lien on the property and the costs of filing and recording such lien shall be
added to the total amount due and owing by the property owner.
108.6.1.2.1 Consent to allow city to abate. The city may allow a
property owner to enter into a written consent and waiver form which
waives any claims of damages, notice requirements or appeal rights,
and consents to the city taking action to remove refuse, debris or
partially burned lumber, or any other substances or debris needing to
be removed under this section. Such consent shall also include a
consent that a lien in the amount of the actual cost to remove such
refuse, debris, partially burned lumber or any other substances, the
costs of filing the lien, and any other costs consented to by the
parties, shall be filed and recorded against the property if the city's
costs are not paid within thirty days of being invoiced.
Section 7. Section 11.40.109.6: Amendment to Section 109.6, is hereby added to the Yakima
Municipal Code to state as follows:
11.40.109.6 Amendment to Section 109.6.
Section 109.6 of the 2018 International Property Maintenance Code is amended to read as
follows:
109.6 Hearing. Any person ordered to take emergency measures shall comply with such
order forthwith. Any affected person shall thereafter, upon petition directed to the hearing
examiner, be afforded a hearing as described in this code.
Section 8. Section 11.40.110: Amendment to Section 110, shall be added to the Yakima
Municipal Code to state as follows:
11.40.110 Amendment to Section 110.
Section 110 of the 2018 International Property Maintenance Code is amended to read as follows:
11.40.110.1 General. The code official shall order the owner or owner's authorized agent of any
premises upon which is located any structure, which in the code official's judgment after review
of applicable laws and regulations, is so deteriorated or dilapidated or has become so out of repair
as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, the
code official shall order that, at the owner's expense, such structure, premises or unfit portion
thereof be:
1. Repaired or demolished and removed, if the estimated cost of repairing the conditions
causing the building or structure to be unsafe or unfit for human habitation or other use is
more than 50 percent of the replacement value of a building or structure of similar size,
design, type, and quality, provided that the code official may order a building or structure,
for which the estimated cost of such repairs is 50 percent or less than such replacement
value, to be repaired, or demolished and removed, if the degree of structural deterioration
is in violation of this code or any other applicable laws and/or regulations, and the owner
has failed to correct the conditions by compliance dates ordered by the code official;
2. Demolished and removed, if the building or structure has been the subject of an
emergency order to close pursuant to Section 109 of this code, and the building or
structure has also been subject to two or more unauthorized entries in the preceding 12
months, and it has been determined that the building or structure is an attractive nuisance
and presents a danger to the general public or to City staff who might be required to enter
the building;
3. Repaired, if the estimated cost of repairing the conditions causing the building or
structure to be unsafe or infit for human habitation or other use is 50 percent or less than
the replacement value of a building or structure of similar size, design, type and quality;
or
4. Vacated and secured for future repair for up to one year in accordance with the minimum
standards for securing vacant buildings in Appendix A of this code, if the conditions
causing the building or structure to be unsafe or unfit for human habitation or other use is
50 percent or Tess than the replacement value of a building or structure of similar size,
design, type and quality.
11.40.110.1.1 Replacement valuation. In estimating the replacement value of a building or
structure under this section, the code official shall require the owner or owner's authorized agent
to provide cost estimates in accordance with the Square Foot Cost Estimating Method set forth in
the "Residential Cost Handbook" Marshal and Swift, the latest available edition, or a cost
estimating publication that the code official deems comparable.
11.40.110.1.2 Repair valuation. In estimating the cost of repairs, the code official shall apply the
following standards:
1. Only the conditions causing the building, structure or portion thereof to be unfit for
human habitation or other use shall be included in the cost estimate;
2. The owner or owner's authorized agent shall determine all repair costs based on
estimates calculated from the "Home -Tech Remodeling and Renovation Cost Estimator",
latest available edition, or a cost estimating publication that the code official deems
comparable;
3. Repair estimates shall assume that all work will comply with the requirements of the
current Building, Mechanical, Electrical, Plumbing, Energy and Fire Codes in effect in the
City of Yakima as well as all other laws and regulations that apply to the repair;
4. Cost estimates for replacing or repairing the building, structure or portion thereof shall
include the same type and quality of materials originally used in the structure. If the
building or structure is so damaged that the original materials cannot be determined, repair
costs shall be estimated using the Square Foot Cost Estimating Method in the "Residential
Cost Handbook" by Marshal and Swift.
5. If the owner or owner's authorized agent fails to provide cost estimates for repair or
replacement of structures or premises in accordance with the cost estimating provisions
in this section within the timeframe stated in the Notice of Violation and Order, the code
official shall estimate such costs in accordance with the cost estimating provisions in this
section or the code official may obtain cost estimates the cost of which shall be charged
against the real estate upon which the structure is located and shall be a lien upon such
real estate.
6. If the extent of damage to a building or structure or portion thereof cannot be ascertained
from visual inspection, the code official shall assume that relative extent of damage or
deterioration identified in the observable portion of the building or structure exists in the
unobserved portions; and the condition or conditions which cause the building or structure
to be unsafe or unfit for human habitation create a hazard to the public health, safety, or
welfare that would exist even if the building or structure were vacated and closed to entry.
110.2 Notices and orders. Notices and orders shall comply with Section 107.
110.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply
with a demolition order within the time prescribed, the code official shall cause the structure to be
demolished and removed, either through an available public agency or by contract or arrangement
with private persons, and the cost of such demolition and removal shall be charged against the
real estate upon which the structure is located and shall be a lien upon such real estate.
110.4 Salvage materials. Where any structure has been ordered demolished and removed, the
governing body or other designated officer under said contract or arrangement aforesaid shall
have the right to sell the salvage and valuable materials. The net proceeds of such sale, after
deducting the expenses of such demolition and removal, shall be promptly remitted with a report
of such sale or transaction, including the items of expense and the amounts deducted, for the
person who is entitled thereto, subject to any order of a court. If such a surplus does not remain
to be turned over, the report shall so state.
Section 9. Section 11.40.302.8: Amendment to Section 302.8, is hereby added to the Yakima
Municipal Code to read as follows:
11.40.302.8 Amendment to Section 302.8
Section 302.8 of the 2018 International Property Maintenance Code is amended to read as
follows:
302.8 Motor vehicles. Except as provided for in other regulations, inoperative or
unlicensed motor vehicles shall not be parked, kept or stored on any premises, and
vehicles shall not at any time be in a state of major disassembly, disrepair, or in the
process of being stripped or dismantled. Painting of vehicles is prohibited unless
conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul,
including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and approved for such
purposes.
302.8.1 Parking in the front yard. No utility, recreational, or motor vehicle, and/or
utility trailer may be parked upon the front yard of a residence or business unless
such vehicle or trailer is parked upon an improved surface driveway.
Exceptions:
1.This provision shall not apply to properties located within the area north
of Viola, south of Alder, west of 1-82 and east of South 8th Street during the
dates set forth for the operation of the Annual Central Washington State
Fair and the Fourth of July celebration occurring on the Central Washington
State Park Grounds.
2.This provision shall not apply to licensed motor vehicle repair, sales,
storage or other approved vehicle -oriented businesses.
302.8.2 Unattended vehicles. Leaving vehicles unattended on blocks, jacks,
ramps or otherwise elevated above the ground is prohibited, unless, when
unattended, the vehicle is enclosed in a garage, surrounded by a fence or
screened from view and access in an approved manner by other means. Nothing
in this section shall be construed to be an approval to store vehicles in an unlawful
manner.
Section 10. Section 11.40.302.10: Graffiti Abatement, is hereby added to the Yakima Municipal
Code to read as follows:
11.40.302.10 Addition of Section 302.10: Graffiti Abatement
Section 302.10: Graffiti Abatement is added to the 2018 International Property Maintenance Code
to read as follows:
302.10 Graffiti abatement program.
A. Graffiti and other defacement of public and private property, including walls, rocks, bridges,
fences, gates and other structures, trees and other real and personal property within the city,
constitutes a nuisance. The city council finds that graffiti is also associated with criminal street
gang activity pursuant to RCW 9A.48.105 and YMC 6.11.025 and that proliferation of graffiti
promotes criminal street gangs and criminal street gang activity. Such activity constitutes an
immediate threat to the life, health, safety and property of residents of the city. Procedures herein
requiring abatement, following notice and opportunity to appeal, are necessary and will preserve
and protect the life, health, safety and property of residents of the city.
B. Although it is appropriate, where possible, to request that the courts require people who are
convicted of acts of defacement and vandalism involving application of graffiti to public or private
property to restore the property so defaced, damaged or destroyed, apprehension of persons who
commit such acts is difficult because the offenses involved can be committed quickly and
surreptitiously so that witnesses to the acts are frequently nonexistent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by
reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti
from the community so that the product of the illegal acts of those involved in application of graffiti
is not visible and the property on which the graffiti is located and surrounding properties do not
suffer diminution of value.
302.10.1 City abatement program —Request for assistance.
Subject to availability of funding and personnel, the city makes available a graffiti abatement
program. Owners of property within the city, and any owner who receives a notice issued pursuant
to Section 302.10.2 to abate graffiti may request assistance from the city's graffiti abatement
program to abate graffiti placed on their property. Participation in such graffiti abatement program
shall include the following:
302.10.2 Release from liability. Applicant shall sign a consent and release from liability form
approved by the city authorizing city personnel and/or its contractors to enter upon the owner's
property for the purpose of abating the graffiti. Upon execution, such consent and release shall
be in effect pursuant to the terms and conditions of the document. Any consent and release may
be revoked in writing by the owner and/or property manager and/or tenant at any time.
302.10.3 Abatement by City. The city or its contractors may abate the graffiti. Graffiti abated by
the city shall be only by application of paint provided by the city or contractor. Matching paint is
not guaranteed. The city will only paint over graffiti and will not remove it through sand blasting or
other means.
302.10.4 Acceptance into program. For applicants who have received a notice issued pursuant
to Section 107 to abate graffiti, acceptance into the city's graffiti abatement program shall stay
the compliance requirement, or such other compliance deadline established in such notice by the
code official unless otherwise notified by the city.
302.10.5 Limitations. The city or its contractors shall not authorize nor undertake to provide for
the painting of any more extensive area than the area where the graffiti is located.
302.10.6 Program modifications. The city reserves the right to establish, modify and amend its
graffiti abatement program, and to define by rule or policy standards of eligibility for participation,
methods of abatement and scheduling of abatement activities.
302.10.7 City abatement program —Priorities. There may not always be adequate funding or
personnel for the city abatement program outlined in YMC 11.40.110. When funding and/or
personnel is limited, the following priority may be established for service to those property owners
who have entered the program:
(1) Single-family residential zoned properties and city property;
(2) Two-family residential zoned properties;
(3) Multifamily residential zoned properties;
(4) CBD zoned properties;
(5) All other commercial zoned properties;
(6) Manufacturing zoned properties.
Entry into the graffiti abatement program is not a guarantee of service. If adequate funding or
personnel is not available, the property owner/property manager and tenant (if applicable) will be
notified that they are responsible for the abatement of graffiti on the property.
Section 11. Section 11.40.308.3.3: Maintenance, is hereby added to the Yakima Municipal Code
to read as follows:
11.40.308.3.3 Addition of Section 308.3.3
Section 308.3.3: Maintenance is added to the 2018 International Property Maintenance Code to
read as follows:
308.3.3 Maintenance. Container lids or covers shall be maintained in a closed position except
when lawfully disposing, removing or inspecting its contents. Containers shall be free from an
overloaded condition and shall be adequately sized to serve their intended purpose.
Exception: Containers that are not accessed by the public and are utilized in the course
of business by property owners, business owners or their representatives may remain
open for ready access.
Section 12. Section 11.40.308.3.4: Location, is hereby added to the Yakima Municipal Code to
read as follows:
11.40.308.3.3 Addition of Section 308.3.4
Section 308.3.4: Location is added to the 2018 International Property Maintenance Code to read
as follows:
308.3.4 Location. Containers in excess of one and one half (1 '/2) cubic yards shall be located no
closer than 10 feet horizontally from fire escapes or openings into buildings, or within 5 feet
horizontally from combustible walls or combustible roof overhangs that are within 20 feet vertically
from the top of the container.
Section 13. Section 11.40.701.1: Amendment to Section 701.1, is hereby added to the Yakima
Municipal Code to read as follows:
11.40.701.1 Amendment to Section 701.1
Section 701.1 of the 2018 International Property Maintenance Code is amended to read as
follows:
701.1 Scope. The provisions of this chapter and the provisions of the Washington State Fire Code
shall govern the minimum conditions and standards for fire safety relating to structures and
exterior premises, including fire safety facilities, construction standards and equipment to be
provided.
Section 14. Section 11.40.102.3 of the Yakima Municipal Code is amended to read as follows:
11.40.102.3 Application of other codes. Repairs, additions or alterations to a structure,
or changes of occupancy, shall be done in accordance with the procedures and provisions
of the International Building Code, International Existing Building Code, International
Energy Conservation Code, International Fire Code, International Fuel Gas Code,
International Mechanical Code, International Residential Code, Uniform Plumbing Code,
and NFPA 70, including Washington State and Yakima Municipal Code amendments to
all referenced codes. Nothing in this code shall be construed to cancel, modify or set
aside any provision of the zoning ordinances of the city of Yakima.
Section 15. Section 11.40.106.4 of the Yakima Municipal Code is amended to read as follows:
11.40.106.4 Violation penalties. Any person or owner who shall violate a provision of
this code, or fail to comply therewith, or with any of the requirements thereof, shall be
prosecuted within the limits provided by state or local laws.
The penalties for those found to be in violation of this code shall be as indicated in the
following schedule:
Code Compliance Penalties 1 2
Violation
Amount
No Abatement After
Notice of Violation and
Order Deadline
$250
Violation
Amount
1st Offense as a
Repeat Offender
$500
2nd Offense as a
Repeat Offender
$750
3rd Offense as a
Repeat Offender
$1000
' See definition of Repeat Offender.
2 Other fees or costs may apply.
In addition to the penalty listed in the chart above, there is a Fifty Dollar ($50.00) penalty
for each day thereafter the violation or failure to comply continues. At the discretion of the
code official, any person who violates any of the provisions of this chapter may be cited
with a civil infraction punishable by a fine of up to two hundred and fifty dollars ($250.00)
as an alternative to the abatement process referenced in this chapter. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.
Section 16. Section 11.40.107: Amendment to Section 107, shall be amended to read as follows:
Section 107 of the 2018 International Property Maintenance Code is amended to read as
follows:
107.1 Notice to person responsible. Whenever the code official determines that there
has been a violation of this code or has grounds to believe that a violation has occurred,
notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person
responsible for the violation as specified in this code. Notices for condemnation
procedures shall comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the
following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification. At a minimum the
description shall include the legal description of the property found on the Yakima County
Assessor's website, the Assessor's Tax Parcel Identification number, and the street
address of the property.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order indicating what must be done to correct each violation,
allowing a reasonable time to make the repairs and improvements required to bring the
dwelling unit, structure, and/or property into compliance with the provisions of this code.
5. Include the costs, fees and penalties that may be charged as a consequence of the
violations, including, but not limited to, costs associated with a title report, recording fees,
inspection fees and penalties. If the exact amounts are not known, estimates should be
provided with an indication that they are estimates.
6. Inform the property owner and owner's authorized agent, and any other interested
parties, of the right to appeal.
7. Include a statement of the right of the City to file a lien in accordance with Section 106.3
and 106.6.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy
thereof is: delivered personally, or sent by certified and regular mail addressed to the last
known address of the owner, all interested parties, and posted at the property.
107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official
shall not be mutilated, destroyed or tampered with, or removed without authorization from
the code official.
107.5 Penalties and fees. Penalties and fees for noncompliance with orders and notices
shall be as set forth in Section 106.4.
107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit,
structure or property who has received a compliance order or upon whom a notice of
violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such
dwelling unit, structure or property to another until the provisions of the compliance order
or notice of violation have been complied with, or until such owner or the owner's
authorized agent shall first furnish the grantee, transferee, mortgagee, or lessee a true
copy of any compliance order or notice of violation issued by the code official and shall
furnish to the code official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance order or notice of
violation and fully accepting the responsibility without condition for making the corrections
or repairs required by such compliance or der or notice of violation.
Section 17. Section 11.40.202 of the Yakima Municipal Code shall be amended to read as
follows:
Section 202 of the 2018 International Property Maintenance Code is amended to read as
follows:
ABATE. To repair, replace, remove, paint over, or otherwise remedy a condition which constitutes
a violation of this chapter by such means and in such a manner and to such an extent as the code
official determines appropriate in the interest of the general health, safety and welfare of the
public. For the purposes of this chapter, when the city abates graffiti under Section 110, abate
means only to paint over.
ANCHORED. Secured in a manner that provides positive connection.
[A] APPROVED. Acceptable to the code official.
ATTRACTIVE NUISANCE. A nuisance which whether in or on a building, a building premises or
an unoccupied lot, and whether realty, fixture, or chattel, which might reasonably be expected to
attract children of tender years and constitute a danger to them, including, but not limited to:
broken or missing windows and doors; unsecured buildings or structures; abandoned wells; ice
boxes or refrigerators with doors and latches; shafts; basements or other excavations; abandoned
or inoperable vehicles or other equipment; structurally unsound fences or other fixtures; lumber;
vegetation; or other debris.
BASEMENT. That portion of a building that is partly or completely below grade.
BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a
dwelling or sleeping unit.
CITY PROPERTY. Property owned by the city, including but not limited to, real and personal
property, trees, utility poles, garbage cans and dumpsters.
[A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this
code, or any duly authorized representative.
CONDEMN. To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual
costs of the demolition or repair of the structure less revenues obtained if salvage was conducted
prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or
necessitated related to demolition or emergency repairs, such as asbestos survey and abatement
if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or
emergency repairs; costs of testing; surveys for other materials that are controlled or regulated
from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees
expended for recovering of the cost of emergency repairs or to obtain or enforce an order of
demolition made by a code official, the governing body or board of appeals.
DETACHED. When a structural element is physically disconnected from another and that
connection is necessary to provide a positive connection.
DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DRIVEWAY. The private traveled path to or through a property which extends in a straight line
from a legally established curb cut intended for the access of such driveway. In the case of circular
driveways, it is the improved surface that connects one legally established curb cut to another.
[A] DWELLING UNIT. A single unit providing complete, independent living facilities for one or
more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
[Z] EASEMENT. That portion of land or property reserved for present or future use by a person
or agency other than the legal fee owner(s) of the property. The easement shall be permitted to
be for use under, on or above said lot or lots.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured
elements, including braces, frames, Tugs, snuggers, hangers or saddles, that transmit gravity load,
lateral load and operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the
control of owners or operators of such premises.
FRONT YARD. The open area extending along and parallel to the entire length of the front lot
line and measured from the property line to the structure.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
GRAFFITI. The unwanted defacing, damaging or destroying by painting by whatever means or
marking of ink, chalk, dye, or other similar substances or placement of stickers or appliques on
public or private buildings, structures or places.
[BE] GUARD. A building component or a system of building components located at or near the
open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking
surface to a lower level.
[BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not
considered habitable spaces.
HAZARDOUS VEGETATION. Vegetation that is dry and combustible exceeding twelve inches
in height which may cause a fire hazard to the immediate and surrounding areas. Hazardous
vegetation can include, but is not limited to, trees, shrubs, grass, weeds, bushes, vines and other
plant materials, including but not limited to clippings, fallen leaves or branches.
HEALTH OFFICER. The head of the Yakima Health District or their authorized deputies or
representatives.
[A] HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed
or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National Register of Historic Places. 2. Designated as
historic under an applicable state or local law. 3. Certified as a contributing resource within a
National Register or state or locally designated historic district.
HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped
and intended to be used for living, sleeping, cooking and eating that does not contain, within such
a unit, a toilet, lavatory and bathtub or shower.
IMMINENT DANGER. A condition that could cause serious or life -threatening injury or death at
any time.
IMPROVED SURFACE. A surface covered with gravel, cement, pavers, asphalt, brick, or other
approved materials.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents,
vermin or other pests.
INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for
reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair,
or incapable of being moved under its own power.
JUNK MOTOR VEHICLE. A vehicle that meets at least three of the four following requirements:
(1) is three years old or older; (2) is extensively damaged, such damage including, but not limited
to, any of the following: a broken window or windshield, or missing wheels, tires, motor or
transmission; (3) is apparently inoperable; or (4) has a fair market value equal only to the value
of the scrap in it.
[A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol
or other identifying mark of a nationally recognized testing laboratory, approved agency or other
organization concerned with product evaluation that maintains periodic inspection of the
production of the above -labeled items and whose labeling indicates either that the equipment,
material or product meets identified standards or has been tested and found suitable for a
specified purpose.
LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not
the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license,
or pursuant to a recorded or unrecorded agreement of contract for the sale of land.
NEGLECT. The lack of proper maintenance for a building or structure.
NUISANCE. A nuisance is: (1) a nuisance defined by statute or ordinance; (2) a nuisance at
common law, either public or private; (3) an attractive nuisance; (4) hazardous vegetation; (5)
uncleanness, unsanitary conditions, or whatever is dangerous to human life or detrimental to
health; (6) overcrowding; (7) abandonment or vacancy; or (8) any violation of this code.
[A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within
a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
OPERATOR. Any person who has charge, care or control of a structure or premises that is let or
offered for occupancy.
[A] OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in
the property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate of
any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
[A] PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating
their harborage places; by removing or making inaccessible materials that serve as their food or
water; by other approved pest elimination methods.
[A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures
thereon.
PRIVATE CONTRACTOR. Any person with whom the city shall have duly contracted to abate a
condition that is in violation of this code.
PROPERTY. Any land which is affixed, incidental or appurtenant to land, including, but not limited
to, any business or residence, parking area, loading area, landscaping, building, fence or
structure, or any separate part, unit or portion thereof.
PROPERTY MANAGER. Any person or entity who has a contract with an owner to manage real
property.
[A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads
to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for
public use; and has a clear width and height of not less than 10 feet (3048 mm).
RECREATIONAL VEHICLE. Any snowmobile, watercraft, golf cart, motor home, camper, camp
trailer, all -terrain vehicle, or other vehicle in which the primary use is recreation and not everyday
use.
REPEAT OFFENDER. An owner or tenant who has committed the same code violation more
than one time in a 24 month period. The repeat violation occurs after the person has corrected
an earlier violation of this code, the case has been abated and closed, and the person is found to
have committed the same violation again.
ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for
compensation and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or
intended to be occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage. The term shall
include, but is not limited to: the residue from the burning of wood, coal, coke and other
combustible materials; paper; rags; cartons; boxes; wood; excelsior; rubber; leather; tree
branches; yard trimmings; tin cans; metals; mineral matter; glass; old rope; old iron, copper, tin
and lead; empty bottles; sacks; parts of machinery; parts of stoves and other appliances; scrap
metal of all kinds; abandoned or inoperable vehicles and other equipment; parts of vehicles; motor
vehicle tires; furniture items and parts of furniture and appliance items, and parts or appliances
intended for use inside a structure; materials and debris resulting from a fire including detached
partially burned lumber; and other similar materials.
Exceptions: 1. Firewood that is stored and stacked in an approved manner.
2. Storage of 12 or less motor vehicle tires stored in an approved manner.
3. Approved motor vehicle tire storage regulated by other sections of the
Yakima Municipal Code.
[A] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent
provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and
spaces that are also part of a dwelling unit are not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not
required to prove criminal intent as a part of its case. It is enough to prove that the defendant
either did an act which was prohibited, or failed to do an act which the defendant was legally
required to do.
[A] STRUCTURE. That which is built or constructed.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed
to occur if the sustainable load reduces to 80 percent or less of the maximum strength.
UTILITY TRAILER. A licensed, nonmotorized vehicle, which is intended to be towed behind
another vehicle.
[M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned
air to, or removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line,
undamaged and without marring adjacent work.
[Z] YARD. An open space on the same lot with a structure.
Section 18. Section 11.40.050 of the Yakima Municipal Code shall be amended to read as
follows:
11.40.050 Chapter 8, Reference Standards.
Chapter 8 of the International Property Maintenance Code provides a list of referenced
standards used throughout the International Property Maintenance Code. Whenever the
International Property Maintenance Code, or the amendments or additions found in this
chapter reference the International Plumbing Code, it shall mean the Uniform Plumbing
Code. Whenever the International Property Maintenance Code, or the amendments or
additions found in this chapter reference the International Zoning Code, it shall mean the
Yakima Area Urban Zoning Ordinance. Whenever the International Property
Maintenance Code references either International or Uniform Codes, it shall mean the
Washington State codes as adopted and amended by the Yakima Municipal Code.
References to other codes shall apply.
Section 19. The following sections and chapters of the Yakima Municipal Code are hereby
repealed:
YMC 10.05.145
YMC 11.09
YMC 11.11
Removal of debris after fire
Graffiti Abatement
Parking on the Front Yard and Vehicles Elevated Above Ground
Section 20. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 21. 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, signed and approved this 3rd day of May, 2022.
ATTEST:
(10(itmf
onya CI. ar Tee, City Clerk
Publication Date: June 10, 2022
Effective Date: July 10, 2022
i
Janice Deccio, Mayor
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: May 3, 2022
ITEM TITLE: Ordinance amending the Yakima Municipal Code Chapter 11.40
Property Maintenance Code to consolidate other city ordinances
that address similar property conditions; and repeal Chapters YMC
10.05.145, YMC 11.09, YMC 11.11
SUBMITTED BY: Glenn Denman, Code Administration Manager(509) 575-6268
SUMMARY EXPLANATION:
These proposed changes to the International Property Maintenance Code (I PMC)will transfer
enforcement of Parking in the Front Yard and Vehicles Elevated Above Ground (currently YMC
Chapter 11.09) and Graffiti Abatement (Currently YMC Chapter 11.11)to the I PMC (YMC
Chapter 11.40). Other changes include modifying Section 110 of the I PMC that addresses
demolition of dangerous buildings so that there is a clear path to either demolish or repair
structures, and transferring fire code enforcement procedures to the I PMC.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
0 Ordinance clean 4/19/2022 Ordinance
❑ Ordinance redline 4/19/2022 Ordinance