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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of:April 4, 2023
ITEM TITLE: Update on Creating a Definition of"Abandoned" in International
Property Maintenance Code (I PMC)
SUBMITTED BY: Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
At the City Council meeting of March 7, 2023, Council Member Cousens requested Council to
evaluate the need to add a definition to the I PMC of the term "abandoned". This item was
previously debated by the City Council in June of 2022. The enclosed memo provides an update
of the I PMC and this request for background material.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Memo Regarding Adding Definition of"Abandoned"to 3/22/2023 Backup Material
IPMC
2
Memorandum
DATE: March 22, 2023
TO: City Council
FROM: Glenn Denman, Code Administration Manager
RE: Evaluating the term "abandoned" in the context of the IPMC and Inoperable Vehicles
At the March 7, 2023 City Council meeting, Councilmember Cousens requested that the City
Council revisit its discussion regarding whether or not to adopt a definition for "abandoned' in
the International Property Maintenance Code, (IPMC). The Council previously determined that
such a definition was unnecessary after a presentation by City Staff which is summarized as
follows:
1. Black's Law Dictionary defines abandonment as "The relinquishing of a right or interest
with the intention of never again claiming it." In evaluating enforcement under the IPMC,
if the code enforcement officials intended to do enforcement based on a property being
"abandoned" they would have to fit it within the definition. Also, note section 3 below.
2. Section 201.4 states that terms not defined "shall have ordinarily accepted meanings
such as the context implies". This is also how Washington State courts evaluate words
that are not defined when the court is tasked with reviewing actions of the government.
3. The term "abandoned" is not a sole descriptive term used to describe conditions of
property, structures or items for code compliance cases in the City of Yakima. Other
terms are also used in context, (some are coupled with "abandoned") such as: decayed,
hazardous, neglected, faulty (construction), inadequate maintenance, damage, unstable,
disrepair, defective, warped, worn loose, torn, detached, dilapidated, unsafe, insanitary,
unfit (for human habitation), deterioration, dangerous, inoperable and vacant. Many of
these terms are equally descriptive, are otherwise defined, and describe actual physical
conditions.
There are two areas of the IPMC in which the word "abandoned" is used. First, Section
108.1.5.3 states: "Any portion of a building, structure, or appurtenance that has been damaged
by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism, or by any other
cause to such an extend that it is likely to partially or completely collapse, or to become
detached or dislodged... shall be considered to be dangerous." In this section, although the
term abandoned is used, the key thing that is evaluated by the codes division is whether there is
a likely collapse of a structure. If there is, then the structure is considered dangerous and can
be closed to occupancy and subject to further enforcement action.
Similarly, in Section 108.1.5.7, "The building or structure is neglected, damaged, dilapidated,
unsecured or abandoned so as to become an attractive nuisance to children... or for committing
a nuisance or an unlawful act . . .shall be dangerous." Again, the key is whether the structure
has become an attractive nuisance—the codes decision does not rest solely on whether the
structure is abandoned.
3
A property may be abandoned, but that does not cause a violation in and of itself. It is the
condition of the property that determines whether a violation of the IPMC has occurred. For
example, an abandoned house is not a violation of the IPMC until the house's condition
deteriorates to the point of meeting one of the elements outlined in Section 108 (or other
sections) of the IPMC.
The definition of inoperable vehicle also contains the word abandoned. That definition is as
follows:
"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."
There are many ways a vehicle can be deemed "inoperable" under the IPMC. The Codes
Division doesn't need to evaluate whether a vehicle is abandoned because vehicles also meet
one of the other reasons under the code definition of inoperable motor vehicles—most often that
the vehicle is unlicensed or incapable of being moved under its own power. The Codes Division
need not prove that all of those instances occur; they need only prove one to move forward with
enforcement.
Although the term "abandoned" is not defined, courts and the code are clear—undefined words
in code sections are given their dictionary definition. As such, there is a definition for the word
"abandoned" that is used by the Codes Division in the event they are going to base an
enforcement action on whether a property or vehicle is abandoned.
After review of the material presented herein, adding a definition of the term "abandoned" to the
IPMC is not necessary, would be redundant, and does not enhance enforcement proceedings,
in staff opinion.