HomeMy WebLinkAbout01/17/2017 06I Neighborhood Conservation; YMC Amendent 11.10BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.1.
For Meeting of: January 17, 2017
ITEM TITLE: Ordinance Amending Chapter 11. 10, Neighborhood Conservation,
to provide for clarification as to collection, lien and appeal rights
associated with violations of the chapter
SUBMITTED BY: Joe Caruso, Code Administration Manager
Sara Watkins, SeniorAssistant City Attorney
SUMMARY EXPLANATION:
The Neighborhood Conservation ordinance is the vehicle by which the codes department
evaluates buildings and determines if they are unfit for human habitation or other uses, due to
dilapidation, disrepair, structural defects, or other inadequacies falling under the ordinance
language. The changes presented to Council clarify the lien procedures which are used if the
City is forced to take action against properties. The changes also clarify notification provisions
and appeal rights of property owners. A more detailed description of some of the changes can
be found in the attached memorandum, which was presented to the Public Safety Committee on
November 3, 2016.
ITEM BUDGETED:
STRATEGIC PRIORITY:
z1
Public Safety
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Pass ordinance.
BOARD/COMMITTEE RECOMMENDATION:
The Public Safety Committee recommended this be brought to the full Council for consideration.
ATTACHMENTS:
Fh1
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Description
Memo re Proposed Changes to YMC 11.10 & 10.05
Ordinance -Amending YMC Ch, 11.10 Neighborhood
Conservation -REDLINE
Ordinance -Amending YMC Ch, 11.10 Neighborhood
Conservation -FINAL
Upload Date Type
12J29/2016 Cover Memo
1/3/2017 Ordinance
1/312017 Ordinance
CITY OF YAKIMA
LEGAL
DEPARTMENT
200 South Third Street, 2nd Fl. I Yakima, WA 98901 P: 509.575.6030 1 F: 509.575.6160
MEMORANDUM
October 17, 2016
TO: Carmen M6ndez, Chair of the Public Safety Committee and
Committee Members Kathy Coffey and Dulce Guti6rrez
FROM: Sara Watkins, Senior Assistant City Attorney
SUBJECT: Proposed Changes to Chapter 11.10: Neighborhood Conservation and Chapter
10.05 Regarding Fire Debris
The Code Enforcement staff and the Legal Department have been discussing how to tighten
Chapter 11.10: Neighborhood Conservation, to increase collection of the costs of taking action
against dilapidated and nuisance properties. One of those ways is to ensure that there is an
effective method to recoup costs through liens on properties when owners refuse, after notice,
to pay the costs incurred by the City to secure abandoned properties, or conduct clean-up
activities allowed by the ordinance. To effectively place a lien on a property the City must have
a method for property owners to be heard, prior to taking action against the property.
Chapter 11.10 has such a method, which includes notice and an opportunity to be heard at a
Community Review Board hearing.
The goals of the amendments to the ordinance is to tighten the procedure to allow for all the
liens placed on the properties to be certified, and ultimately collected. Liens are placed on the
real property and "run with the land." In other words, the lien attaches to the property and
remains attached to the property until paid or the property is sold (generally for up to 10 years).
The following items are proposed to be amended:
1. The definition of "illegal condition" is added to more clearly and consistently refer
to conditions on property that violate the chapter. The term "illegal condition" is
then used throughout the chapter.
2. Appeals of the CRB previously could go through either the Hearing Examiner or
through a City Council appeal. Staff proposes that all appeals of the CRB go to
the Hearing Examiner and any appeals of the Hearing Examiner's decision be
filed in the Yakima County Superior Court.
3. "Owner' is defined to specifically mean the owner of real property. Previously
"owner" also meant any entity with an interest in the property, such as a mortgage
company or lien holder.
Carmen Mendez, Chair of the Public Safety Committee and
Committee Members Kathy Coffey and Dulce Gutierrez
October 17, 2016
Page 2
4. In YMC 11.10.210, the reasonable minimum standards of a property are
specifically stated to be those building code standards found in Titles 10 and 11,
as well as all other local and state codes as adopted by the City Council. Under
RCW 35.80, minimum standards should be specified. Therefore, to more clearly
articulate what standards the code enforcement officials use in their
determinations, it is proposed that the code standards be more specifically listed.
5. In 11.10.230, the code allows code enforcement to demand that an owner
immediately secure an unoccupied building or structure in certain circumstances.
The proposed amendment adds a provision that makes it clear that the owner is
responsible for all costs associated with compliance and that if they are not paid
after invoice is sent, a lien will be placed on the property.
6. It is proposed that there be a provision that encourages property owners and/or
tenants to enter into an agreement with the City to remedy the nuisance issues
prior to the official legal notice is drafted and sent. YMC 11.10.300. This
amendment will encourage entry into a voluntary compliance agreement before
the notice of violation is sent out, avoiding the need to pay for a title report to
determine the parties of interest to the property. Hopefully it will cut down on the
number of legal notices that must be sent, the number of title reports ordered, and
the number of non-compliant properties going through the system. It should be
noted that there also is an opportunity to enter into a voluntary compliance
agreement after the notice is sent, but such an agreement requires that the costs
the City incurred be paid as part of the agreement. Entering into an agreement
before costs are incurred can save the property owner and/or tenant money in the
long run.
7. Throughout the code, language is added to state that the owner is responsible for
all costs associated with the nuisance property, at each step of the proceeding.
8. The proposal is to move the "Costs of abatement and administrative fees" up in
the order to correctly reflect the chronologic order of the procedure. In other
words, decisions on costs and fees are made prior to the lien being assessed on
the real property.
9. Section 11.10.620 is proposed to be added to state that the proceedings under
Chapter 11.10 are subject to the anti -discrimination provisions found in
RCW 35.80.040.
The other changes throughout the document are for consistency in language and terms.
Further, there are sections that are highlighted in yellow. Currently the CRB also hears all
requests for right-of-way use permits in residential zones of the City. Staff is discussing a
proposal to amend the right-of-way use permitting process so that all permits are heard by the
Carmen Mendez, Chair of the Public Safety Committee and
Committee Members Kathy Coffey and Dulce Gutierrez
October 17, 2016
Page 3
same person or committee. As such, the highlighted section may change as part of those
separate proposals.
Staff is asking that the committee start the review process. There is no immediate need to
make the proposed changes, but making the terminology more consistent, and clearly
articulating the notice and lien requirements will help the City recoup more of the costs
associated with these properties than it currently is collecting.
Similarly, staff is recommending changes to the fire code with regards to removal of fire debris.
Currently, fire debris is required to be removed within ten days of the fire in most
circumstances. However, there is no process or procedure outlined in the event a property
owner refuses to remove fire debris after notice. Staff is recommending adding a procedure for
this purpose to the ordinance section to ensure that the City can remove debris in the event the
property owner refuses and collect its costs.
We look forward to answering your questions at the Public Safety Committee meeting on
October 27, 2016.
ORDINANCE NO. 2017 -
AN ORDINANCE amending the City of Yakima Municipal Code, Chapter 11. 10,
Neighborhood Conservation.
WHEREAS, amendments to the code are proposed to make the code provisions more
consistent throughout Chapter 11.10; and
WHEREAS, the code sections should also be clarified to specify the collection actions
that may be taken, the lien rights of the City, and the appeal rights of property owners; 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 amend the Yakima Municipal Code to clarify the actions of the City
as well as the options and appeal rights of property owners; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Amendments to Replace and Supersede. Chapter 11.10: Neighborhood
Conservation, is hereby amended as shown in Exhibit "A" attached hereto, and fully
incorporated herein, and all such changes are intended to replace and supersede all sections of
the existing Chapter 11.10: Neighborhood Conservation.
Section 2. Severability. If any section, subsection, paragraph, sentence or clause of
this ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of the ordinance.
Section 3. Effective Date. 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 17th day of January, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
Kathy Coffey, Mayor
EXHIBIT "A"
Chapter 11. 10
NEIGHBORHOOD CONSERVATION
Sections:
1110.010 Findings and purpose.
1110.020 Emergencies.
11.10.030 Other powers reserved.
11.10.040 Permit required.
11.10.050 Violations and Ppenalties.
1110.000 Definitions.
11.10.100 Duties of the director.
11.10.120 Duties ofthe board.
11.10.150 Rules and regulations.
11.10.200 Determination of unfitness.
11. 10.210 Standards for determination ofunfitness.
11.10.230 Security ofunoccupied dwellings, buildings, structures orpremises.
11.10.300 Preliminary investigation.
11.10.310 Notice and order. contents.
11.10.320 Service of notice and order—Filing with county auditor.
11.10.330 Voluntary correction agreement.
11.10.400 Board hearing h»review notice and order.
11.10.410 Enforcement.
11.10.500
Appeal ofboard decision.
11.10.510
Hearings before the appeal decioion-maker.
11.10.520
Appeal b»superior court.
11.10.590
Costs of abatement and administrative fees.
11.10.000 Assessment and lien onthe real property.
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T .
11.10.620 Discrimination prohibited
11.10.010 Findings and purpose.
There exist within the city of Yakima dwellings that are unfit for human habitation, and buildings,
structures, and premises, or portions thereof, that are unfit for other uses, due to dilapidation,
disrepair, structural defects, defects increasing the hazards of fire, accidents, or other
calamities, inadequate ventilation and uncleanness, inadequate light or sanitary facilities,
inadequate drainage, overcrowding, or due to other conditions that are harmful to the health,
safety and welfare of the residents of the city.
The purpose of this chapter is to implement the process and to acquire and exercise the
powers authorized by Chapter 35.80 RCW to address conditions such as those described
above that render dwellings, buildings, structures, and premises in the city unfit for human
habitation and other uses, as well as to authorize review and decision for applications seeking
residential right-of-way use permits within the city. (Ord. 2009-18 § 1, 2009: Ord. 2001-50 § 1,
2001: Ord. 99-15 § 1 (part), 1999).
11.10.020 Emergencies.
The provisions of this chapter shall not prevent the director or any other officer of the city of
Yakima or any other governmental unit from taking any other action, summary or otherwise,
necessary to eliminate or minimize an imminent danger to the health or safety of any person or
property. (Ord. 2001-50 § 2, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.030 Other powers reserved.
Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of
any department of the city to enforce any provisions of its Charter or its ordinances or
regulations, or to prevent or punish violations thereof. The powers conferred by this chapter
shall be in addition and supplemental to the powers conferred by any other law.
Nothing in this chapter shall be construed to impair or limit in any way the power of the city of
Yakima to define and declare nuisances and to cause their removal or abatement, by summary
proceedings or otherwise. (Ord. 2001-50 § 3, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.040 Permit required.
Any work, including construction, repairs or alterations performed under this chapter to
rehabilitate or repair any subject property shall be subject to applicable permit provisions of this
code. (Ord. 2001-50 § 4, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.050 Violations and Rpenalties.
It is unlawful and a violation of this chapter to knowingly:
(1) Occupy or suffer to be occupied any subject property ordered vacated pursuant to
this chapter; or
,C]
(2) Fail to comply with any order issued pursuant to this chapter; or
(3) Obstruct any officer or agent of the city of Yakima or other governmental unit in the
enforcement of this chapter; or
(4) Remove, deface, obscure or otherwise tamper with any notice posted under this
chapter.
Violation of this chapter is a gross misdemeanor. Each day of violation shall constitute a
separate offense. (Ord. 2001-50 § 5, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.060 Definitions.
Unless specifically defined below or unless context clearly requires a different meaning, terms
used in this chapter shall have the meaning given them by the currently adopted edition of the
l lREfGFR;r International Building Code. Gender and number shall be interchangeable. Defined
terms or concepts from Titles 11, 12, 14, and 15 of this code shall apply generally to this
chapter.
(1) "Abandoned" refers to any property, real or personal, which is unattended and either
open or unsecured so that, On the Gase of real prepe#v admittance may be gained without
damaging any portion of the property, or which reasonably appears not to be presently
possessed by any person. Examples of real or personal property that may reasonably
appear abandoned include, without limitation, dwellings, buildings, structures, and other
premises where utilities are disconnected, debris is accumulated, uncleanness or
disrepair is evident, or where items of personal property are located in places where such
items are not normally kept or used.
(2) "Abatement" means the correction or elimination of conditions that render dwellings
unfit for human habitation, or that render buildings, structures, and premises, or portions
thereof, unfit for other uses, or are otherwise in violation of this chapter.
(3) "Appeal decision -maker' means oi+hor +ho Gity ,n,.,l or the hearing examiner. -
(4) "Board" means the community review board established under this chapter,
particularly under Sections 11. 10.400 and 11. 10.410 YMC.
(5) "Boarded -up building" means any unoccupied building the exterior openings of which
are closed by extrinsic materials or devices installed on a long-term, rather than brief
temporary basis, giving to the building the appearance of non -occupancy or non-use for
an indefinite period of time. YMC Section 11.10.230 provides criteria that regulate how
dwellings, buildings, and structures may be properly secured against unlawful entry, and
otherwise maintained consistent with public health, safety and welfare and the provisions
and purposes of this chapter.
(6) "Building" means any building, dwelling, structure, or mobile home, factory -built
house, or part thereof, built for the support, shelter, or enclosure of persons, animals,
chattels or property of any kind.
(7) "City council" means the city council of the City of Yakima.
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(8) "Costs" means the city's actual expenses incurred to correct illegal conditions
pursuant to the provisions of this chapter plus the administrative fee provided herein.
(9) "Director' means the director of community development, or his/her
designee.
(10) "Health officer' means the head of the Yakima district health department, or his/her
authorized deputies or representatives.
(11) "Illegal conditions" means those conditions at a property, dwelling, structure or
premises that violate this chapter.
(142) "Imminent danger" means an immediate exposure or liability to injury, harm or
loss.
(1 1 "Interested person" or "interested party" means any person entitled to notice of a
notice and order issued by the director under Section 11.10.320 YMC.
(1 4) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a
nuisance at common law, either public or private; (c) an attractive nuisance, 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, abandoned wells, ice boxes or
refrigerators with doors and latches, shafts, basements or other excavations, abandoned
or inoperative vehicles or other equipment, structurally unsound fences or other fixtures,
lumber, fencing, vegetation or other debris; (d) uncleanness or whatever is dangerous to
human life or detrimental to health; (e) overcrowding; or (f) abandonment or vacancy.
(14,�) "Owner' means aRy norcnn having any in4oroc4 in +ho roil o934-a4o in question ac
Ghr\WR 61POR Oho FR-G-30—Fdr-3 Oho r-ffino Of the Yakima G9 IRty a liter er the off or, e of the
y-aUim-a rni 1Rty assessor the owner of the real property on which any illegal condition is
occurring, as listed in the real property records of the Yakima County Auditor's Office, or
who establishes his/her ownership interest before the director, board, oris+!
hearing examiner. For the purpose of giving notice, the term "owner" also includes any
person in physical possession of the real property on which any illegal condition is
occurring.
! 5) "PaFty iri 'ri4 m Rs aRy � r t fl 4G ri�4ino Of ri�4ino girl �rrl
_ r-�Tr9�rrirrs�r{�rvt�rrear�r" `^ � � J f 2i'rvAr�r2�iasr -Rd
by the direG4nr�-�CR-G-4inn 11 10 320VMG
(16) "Person" means natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization, or the manager,
lessee, agent, servant, officer or employee of any of them.
(17) "Repeat violation" means a violation by the same person of the same regulation in
any location for which voluntary compliance has been sought within two years, or for
which a notice and order has been issued within two years.
(18) "Subject property" means the real property, dwelling, building, structure and/or
premises that are the subject of investigation or an enforcement action pursuant to this
chapter. (Ord. 2001-50 § 6, 2001: Ord. 99-15 § 1 (part), 1999).
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11.10.100 Duties of the director.
The director is the chief administrative officer for the purposes of this chapter. The director's
duties and powers include:
(1) Investigation of all property, dwellings, buildings, structures or premises the director,
pursuant to this chapter, has reasonable grounds to believe are unfit for human habitation
or other purposes, or otherwise violate this chapter;
(2) Determine, after investigation, that there are violations of this chapter;
(23) Preparation, service and posting of notices and orders according to the provisions
of this chapter regarding subject properties that he/she has reasonable grounds to
believe, pursuant to this chapter, are unfit for human habitation or other purposes
otherwise violate this chapter; and
(34) Do+� all things necessary and proper to carry out and enforce this chapter. (Ord.
2001-50 § 7, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.120 Duties of the board.
The board shall, pursuant to the provisions of this chapter:
(1) Conduct administrative hearings pursuant to YMC Section 11.10.400 to consider
notices and orders issued by the director together with such other evidence as may be
received from the director or other interested parties and persons, and, where
appropriate, to confirm, modify, or disconfirm such notices and orders by written decision;
and
(2) Do all things necessary and proper to carry out and enforce this chapter.
11.10.150 Rules and regulations.
The director and board may establish such rules and procedures as may reasonably and fairly
administer the provisions and achieve the purposes of this chapter and do substantial justice.
The director and board shall recognize and give appropriate effect to special and extenuating
circumstances which, in order to do substantial justice in specific cases, warrant the exercise of
discretion to adjust the timeframes, standards, and other provisions of this chapter. Examples
of circumstances that may warrant such exercise of discretion include, without limitation,
medical illness or disability affecting a property owner's or other responsible person's ability to
respond to orders or appear at hearings, and bona fide insurance coverage disputes that create
a definite risk that enforcement of this chapter would unfairly result in a substantial economic
loss to the property owner.
The director and the board are authorized to exercise such powers, consistent with the
provisions of this chapter, as may be necessary or convenient to reasonably and fairly achieve
the purposes of this chapter. These powers shall, without limitation, include the following in
addition to others herein granted: (a)(i) To determine, subject to the provisions of this chapter,
which dwellings within the city are unfit for human habitation; (ii) to determine, subject to the
C.
provisions of this chapter, which buildings, structures, or premises are unfit for other uses or
constitute a nuisance; (b) in the case of the board, to administer oaths and affirmations,
examine witnesses and receive evidence; and (c) to investigate real property, dwellings,
buildings, structures, or premises that may violate the provisions of this chapter. When
authorized by consent of the owner or other party in possession of a subject property, or if
consent to enter either cannot be requested because the owner or party in lawful possession is
not available, or is refused or revoked, when authorized by judicial warrant or other legal
authority, the director may enter upon subject properties either to investigate violations or to
enforce the provisions of this chapter. During such entries the director shall take reasonable
steps to minimize inconvenience to persons in lawful possession of the subject property. (Ord.
2001-50 § 9, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.200 Determination of unfitness.
The director, after preliminary investigation, or the board after the hearing provided in this
chapter, or when acting on appeals under this chapter the hearing examiner may
determine that a dwelling, building, structure, or premises are unfit for human habitation or
other use if the director or the board finds that conditions exist in such dwelling, building,
structure, or premises that are dangerous or injurious to the health or safety or welfare of the
occupants of such dwelling, building, structure, or premises, the occupants of neighboring
dwellings, or other residents of the city. All determinations of unfitness shall be in writing. (Ord
2001-50 § 10, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.210 Standards for determination of unfitness.
In determining that a dwelling, building, structure, or other premises is unfit for human
habitation or other uses, the director, board, or when acting on appeals under this chapter the
hearing examiner shall consider: (a) dilapidation, (b) disrepair, (c) structural
defects, (d) defects increasing the hazards of fire, accidents or other calamities, such as parts
standing or attached in such manner as to be likely to fall and cause damage or injury, (e)
inadequate ventilation, (f) uncleanness, (g) inadequate light, (h) inadequate sanitary facilities, (i)
inadequate drainage, (j) substandard conditions, M whether or not it is a nuisance, and/or (kl)
other conditions that affect the fitness of the building or premises for human habitation or other
purposes. In so doing, the reasonable minimum standards covering such conditions may be
found in Titles 10 and 11 YMC, Chapter 6.56 YMC, and other state and local codes as adopted
and applicable. (Ord. 2001-50 § 11, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.230 Security of unoccupied dwellings, buildings, structures or premises.
(1) The director, or his/her designee, may determine whether or not any unoccupied
dwelling, building, structure, premises, or portion thereof ( 1bjeGt „r,),,eFty"` is unfit for
human habitation or other purposes because:
(a) It is not secure against unauthorized entry by children, criminals, or other
persons. -
(b) It is not secure against infestation by insects or animals i
(c) It is not secure against deterioration as a result of exposure to vandalism,
weather, or the elements
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(d) It is inadequately maintained and repaired as evidenced by broken windows,
overgrown vegetation, graffiti, or other conditions.
(2) In making this determination the director, or his/her designee, shall consider and
document with photographs and/or written accounts the factors that in his/her judgment
reasonably bear on the determination, including without limitation:
(a) The physical condition of the 661bjeGt nr^nor+„ unoccupied dwelling, building,
structure, premises or portion thereof, and whether it reflects ongoing maintenance
and repair, including the presence of broken windows or evidence of vandalism,
overgrown vegetation, the presence of insect or animal pests, deterioration due to
weather or exposure to the elements, and whether graffiti, if any, is painted over
promptly.
(b) How long the 661bje^+ nr^nor+" dwelling, structure, building, premises or portion
thereof has been unoccupied.
(c) Whether the 66h;o^+ Pr^dwelling, structure, building, premises or portion
thereof is being actively marketed for sale or lease.
(d) Other facts that demonstrate that the 661bje^+ PPC) unoccupied dwelling,
structure, building, premises or portion thereof already has been, or that affect the
likelihood that it will be, subject to hazards and circumstances contrary to the health,
safety, and welfare of the public.
(e) Other considerations prescribed by this chapter.
(3) In addition to any other powers authorized by this chapter, the director, or his/her
designee, is authorized to order the owner of and other persons responsible for any
1bjeGt Pr^unoccupied dwelling, structure, building, premises or portion thereof
determined to be unfit for human habitation or other purposes under this section to
perform any or all of the following on or before a stated compliance deadline prior to any
hearing on a complaint in the event it is necessary for public health and safety purposes:
(a) Secure all exterior openings of the building by minimum half inch plywood cut to
fit the opening and fastened to the building by minimum one and a quarter inch long
Sheetrock screws at six inches on center around said openings, or upon written
request by owner of the property, by such alternative materials and or methods as
the director, or his/her designee, may determine are adequate to make the dwellings,
buildings, structures, premises, or portions thereof weather -tight and to ensure that it
is secure against unauthorized entry.
(b) To disconnect all utilities including electricity, gas and water.
(c) To remove any graffiti and to keep the 661bje^+ property free any unoccupied
dwelling, structure, building, premises or portion thereof free of graffiti.
(d) To maintain thepFeFn+ses property generally free of any vegetation or other
matter that may constitute a nuisance or a fire hazard.
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(4) Orders of the director, or his/her designee, issued under this section shall be in
writing and may be modified from time to time in response to new information or changed
circumstances regarding the dwelling, building, structures, premises, or portion thereof.
(5) The director, or his/her designee, shall routinely monitor compliance of any real
property, unoccupied dwelling, building, structures, premises, or portion thereof that has
been the subject of orders issued under this chapter, and shall formally inspect and
document the condition of 6, I^" 661bjeGt pFepe ty the same at least once every six months
while the dwelling, building, structure, or premises remains unoccupied.
3, 29910-r QFd. 299) 21 § 1, 2000)
(6) The owner shall be responsible for all costs associated with complying with this
section. In the event the owner does not comply with the order, the city shall complete the
necessary actions outlined in the order at the cost of the owner. Any costs not paid by the
owner within thirty days of notice shall constitute a lien on the owner's property. (Ord.
2001-50 � 13, 2001: Ord. 2000-21 � 1, 2000).
11.10.300 Preliminary investigation.
After the city learns of a possible unfit dwelling, building, structure, or other premises or
Property in violation of this chapter, the director shall investigate whether such condition(s)
actually exists. This investigation wills include reasonable efforts to speak with the owner
of the subject property, and the tenant or occupant if the property is rented or not owner -
occupied. The director will make a written record of the investigation, including, but not limited
to:
(1) Identification of the property i
(2) Documentation of inspection actions, including relevant dates, efforts to establish
identity of and contact owners and tenants.-
(3)
enantsi(3) The reasonable minimum standards that aooly to the orooerty:
(434) Written observations relevant to possible conditions of unfitness and how the
property does not meet the reasonable minimum standards, n^SSihi., which may
include diagrams of the building or premises and photographs and
(45) The director's conclusion whether or not the property, dwelling, building, structure,
or other premises, or portion thereof, is unfit for human habitation or other uses, or
otherwise is in violation of this chapter.
If the director determines no actual violation exists, he/she will note such determination for the
record for the subject property and the matter shall be concluded. The director shall notify
complainants, the owner, or other persons who have requested notice of his/her determination.
If the director determines there is a violation, and the owner and/or occupant are willing to enter
into a voluntary correction agreement, such an agreement may be entered into, as allowed in
YMC 11.10.330, prior to the filing of any complaint or notice to other interested parties. (Ord.
99-15 � 1 (part), 1999).
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11.10.310 Notice and order, contents.
If, after preliminary investigation, the director determines that a property, dwelling, building,
structure, or other premises is unfit for human habitation or other uses, or otherwise is in
violation of this chapter, and a voluntary correction agreement is not entered into, the director
shall serve, according to the provisions of Section 11. 10.320 YMC, a notice and order that shall
state, identify, and/or describe:
(1) The subject property including at least the property address and county assessor's
tax parcel number i
(2) The illegal conditions on the subject property that aro illegal and that render one or
more dwellings, buildings, structures there, or the premises unfit for human habitation or
other use, violate the reasonable minimum standards for the dwelling, building or
structure, or are otherwise in violation of this chapter;
(3) What must be done to correct such illegal condition(s);
(4) The deadline for correction of such illegal condition(s), which will allow a reasonable
time for correction and will be set forty-eight hours before the matter will be presented at a
meeting of the board;
(5) The costs or administrative fees that may be charged to the owner as a
consequence of the described illegal conditions, including, but not limited to, the costs of
the title report or litigation guarantee obtained to determine interested parties;
(6) The place and date, which shall be not less than ten nor more than thirty days after
the notice and order is served, where and when the matter will be presented on hearing to
the board, --where the board will be requested to:
(a) Confirm the director's determinations of , ,ss;
(b) Authorize the city to proceed to abate the described illegal conditions on the
subject property if such conditions are not corrected before the deadline or otherwise
corrected by the property owner or other responsible party; and
(c) Confirm that the owner shall pay administrative fees plus the costs incurred by
the city, through the date of the board's confirmation of the illegal conditions,
together with such costs as the city reasonably subsequently incurs to abate the
illegal conditions and administrative fees for such subsequent abatement, and that if
those fees and costs are not paid within thirty days of invoice, the city may place a
lien on the subject property and record said lien against the property in the real
property records of Yakima County.
(7) That all parties in interest shall be given the right to file an answer to the notice and
order, to appear in person, or otherwise, and tome provide testimony and evidence at
the time and place for the board's review stated in the notice and order, and that the rules
of evidence prevailing in courts of law or equity shall not be controlling in hearings before
the board;
10
(8) The city's policy that the director may waive the city's costs and/or administrative
fees for a first offense if the illegal conditions are corrected at least forty-eight hours prior
to the board hearing;
(9) Invite the owner's, or any other interested party's, cooperation and inform the owner
of the city's policy that first offenders may negotiate a voluntary correction agreement
consistent with the provisions of Section 11.10.330 YMC in which, among other things, the
owner:
(a) Admits that the illegal condition(s) exist(s);
(b) Promises to correct the illegal condition(s) by an agreed deadline no more than
ninety days from the original deadline;
(c) Is advised of his/her rights under the state and federal constitutions to refuse
consent to entry, to limit the scope of consent to entry, and to withdraw consent to
entry once given, and the owner and occupant (if applicable) consents to entry on
the subject property by the city or persons under contract with the city to correct any
illegal condition(s) that are not corrected by the deadline;
(d) Agrees to pay the city's costs to abate the illegal conditions if the owner fails to
abate the conditions: and
(e) Agrees to pay the costs of the title report or litigation guarantee obtained to
determine interested parties, as well as any other costs associated with bringing
forward the claims.
(10) In the case of subject property lawfully occupied by someone other than the owner,
no voluntary correction agreement will be offered unless such persons lawfully occupying
the subject property also consent to entry by the city or persons under contract with the
city to correct the illegal condition(s) described that are not corrected by the deadline.
(11) Advise the owner that if the illegal conditions are not corrected, the city may pursue
the matter further by civil and/or criminal enforcement, in addition to further proceedings
under this chapter;
(12) Advise the owner of the city's policy that generally repeat offenders -w44 may be
prosecuted.
(13) Advise the owner and other interested persons of programs for assistance that may
be provided by the city, and such other programs and community resources as the
director believes may assist the owner or others to correct the illegal conditions. (Ord.
2001-50 § 14, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.320 Service of notice and order—Filing with county auditor.
If, after a preliminary investigation of any property, dwelling, building, structure, or premises in
the City of Yakima, the director determines that it is unfit for human habitation or other use or
otherwise violates this chapter, he/she shall cause to be served, either personally or by certified
mail, with return receipt requested, upon the owner and any other all -persons having any
interest in the subject property, as shown upon the records of the Yakima County auditor's
office, and shall post at one or more conspicuous places on the subject property, a copy of the
11
notice and order
use. If the whereabouts of any of such persons is unknown and the same cannot be
ascertained by the director in the exercise of reasonable diligence, and the director makes an
affidavit to that effect, then service of such notice and order upon such persons may be made
either by personal service or by mailing a copy of the notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at the address of the real property,
building or premises involved in the proceedings, and mailing a copy of the notice and order by
first-class mail to any address of each such person in the records of the county auditor for the
county where the property is located. c, ,,.h Aeti..o arr✓ „r, -or shall neiptaip a Aetino that
heaFiRg Will -he held- _hefe.re the -heard at a plaGe thP_.FP_iR fixed, Ret less thaR teR daYS RC)F FneFe
giVeR the right to file aR to the Retir--e- and order, to a ' ' . . ;OR, or othepwise, and
M gni AS of law or oni ii+v chill nn+ ho nnn+rnllinn in hearings hofnro the hear`J. The director shall
make and retain written proof of service of the notice and order. A copy of such notice and
order, or a nn+iGe of +ho onfnrnomon+ +inn shall also be filed with the county auditor in the real
Property records of the county, and such filing of the notice and order ^r Aeti..o Of orf„rnomor+
as#0ae shall have the same force and effect as other lis pendens notices provided by law. (Ord.
2001-50 § 15, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.330 Voluntary correction agreement.
(1) The director may execute a voluntary correction agreement with the owner of a
Property, dwelling, building, structure, or other premises the director determines is unfit for
human habitation or other uses.
(2) A voluntary correction agreement is a contract between the city and the owner in
which the owner and/or any other person entitled to possession of the subject property
promise to correct the illegal conditions within a specified time and according to specified
conditions. The voluntary correction agreement shall include:
(a) The name and address of the owner of the subject property and any other
person bound under the contract, including all lessees or other persons entitled to
possess, use, or occupy the property with an expectation of privacy;
(b) The street address, a legal description sufficient to identify the subject
property,R,� and the county assessor's tax parcel number;
(c) A description of the illegal conditions that render the subject property unfit for
human habitation or other uses, how the dwelling, building or structure does not meet
the reasonable or minimum standards covering such conditions, or otherwise outline
the violations of this chapter, and a reference to the provisions of this chapter or
other regulation that has been violated;
(d) The corrective action the owner and any others promise to complete, and a
date and time by which the corrective action must be completed;
(e) A stipulation by the owner that the illegal condition(s) identified in the notice and
order exist(s), and that the corrective actions specified in the voluntary correction
agreement are appropriate;
12
(f) Express consent to entry onto the subject property by city staff or persons under
contract with the city to ascertain compliance with the voluntary correction agreement
and/or to correct the illegal conditions described in the notice and order in the event
of material breach. Such consent shall reflect that the city has presented a statement
advising the property owner and any other lawful possessor of his/her rights under
the state and federal constitutions to refuse consent to entry, to limit the scope of
consent to entry, and to withdraw consent to entry once given. This statement of
rights and consent to entry must be initialed by the property owner and other lawful
possessor of the subject property. The owner must stipulate that the city of Yakima
may abate the illegal condition(s) without further notice if a formal notice and order
has already been served pursuant to YMC 11.10.320, and recover costs and
administrative fees as an assessment to the owner and if not paid within 30 days of
invoice, a lien will be recorded against the property pursuant to this chapter in the
event of a material breach of the voluntary correction agreement;
(g) The costs and administrative fees to be paid, a timeline for payment, ander
w#er the name of the party responsible for payment;
(h) Permission by the owner and any lessee or other person entitled to possess,
use, or occupy the property with an expectation of privacy for the city to enter upon
the subject property at any reasonable times until the illegal conditions are corrected;
and
(i) An acknowledgement.
(3) The director may, in his or her sole discretion, extend deadlines for correction if the
owner, or another responsible person, has been diligent and made substantial progress
but has been unavoidably delayed or has otherwise demonstrated that the required
corrective actions will be completed within a reasonable period not to exceed fourteen
additional days.
(4) The director may determine that a material breach of a voluntary correction
agreement has occurred, and may further determine what shall be done to correct the
illegal conditions that were the subject of the voluntary correction agreement. The director
shall provide notice of such a determination in the same fashion as notice of decisions of
the board, and such determinations shall function as the equivalent of a decision of the
board in any further proceedings. A party to the voluntary correction agreement may
appeal such a determination oi+hoF +„ the ty RGi . F to the hearing examiner by filing a
written notice of appeal with the city clerk for review according to the procedures and
standards applicable to appeals of decisions of the board, and paving any appeal fee.
(Ord. 2001-50 § 16, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.400 Board hearing to review notice and order.
(1) The board shall be comprised of seven individuals appointed by the city council who
represent different aspects of the public as a whole, including local residents, the building
industry, the health community, the business community, and the residential rental community,
but not more than two from any of these. The members shall be appointed to three-year terms
except that initial appointments to the board shall be for staggered terms of either one, two, or
three years to optimize the balance of experience among members of the board. The board
may adopt and publish such rules of procedure as are necessary or convenient to carry out and
effectuate the purposes and provisions of this chapter, Chapter 35.80 RCW and those of YMC
13
Chapter 8.20 regarding review and decision-making for residential right-of-way use permits,
said review and decision-making to be conducted in accord with the conditions set forth therein.
Four members of the board shall constitute a quorum for the transaction of business. Except as
otherwise specified by law, a majority vote of the board members present at a meeting shall be
required and shall be sufficient to transact any business before the board. The rules of
evidence prevailing in courts of law or equity shall not be controlling in hearings before the
board. At its first meeting in October each year, the board shall elect a chair and vice-chair from
among its members.
(2) Unless, prior to the time fixed in the notice and order for a hearing before the board to
review the notice and order, the property owner has entered into a voluntary correction
agreement, or city staff determines that the illegal conditions have been corrected, the board
shall hold a hearing to review the notice and order and to determine the immediate disposition
of any illegal conditions existing at the subject property. The hearing may be canceled if the
director approves the completed corrective action at least forty-eight hours before the
scheduled hearing, and the director shall provide notice of the satisfactory correction of the
illegal conditions to the owner, complainants, and other interested persons, including the county
auditor's office in cases in which a notice of the enforcement action has been previously filed.
(3) The board shall conduct a hearing pursuant to its adopted rules. The director or his/her
designee, the owner, and other parties entitled to be served with the notice and order may
participate as parties in the hearing and each party may call witnesses and present evidence.
Any complainant or person affected by the illegal conditions may appear and present evidence.
The city shall have the burden of demonstrating by a preponderance of evidence that the
subject property is unfit for human habitation or other uses, or otherwise violates this chapter,
and that the required corrective action is reasonable as stated in the notice and order. The
director's determination of unfitness and order to correct illegal conditions shall be accorded
substantial weight. In the event of a tie vote on a decision, the matter shall be referred on an
expedited basis to the city of Yakima hearing examiner for a new hearing and decision within
thirty days. In such cases, the hearing examiner's decision shall be equivalent to a decision of
the board for the purposes of any subsequent proceedings under this chapter. Furthermore, the
hearing examiner's decision in such cases shall be appealable only to theGity e61Rs+l Yakima
County Superior Court.
(4) If the owner or other persons with interest of record fail to appear at the scheduled
hearing, the board may confirm the notice and order by finding that the subject property is unfit
for human habitation or other uses, or otherwise violates this chapter, as determined by the
director. The board may further authorize the city to assess costs and administrative fees
according to the provisions of this chapter.
(5) If, after considering evidence and argument submitted by the director, the owner, the
complainant(s), and other interested parties, the board determines that the subject property is
unfit for human habitation or other use, or otherwise violates this chapter, or in the case of
applications for residential right-of-way use permits a decision is made to approve or deny the
application, it shall issue a surnmary of decision according to the provisions of this section. The
s ,hoof decision shall be served upon the owner and other persons entitled to notice of the
notice and order, and shall be posted in a conspicuous place on the subject property.
Specifically regarding applications for residential right-of-way use permits, following
consideration of the application the board shall issue a written summary decision approving or
denying the application, said decision to include findings and conclusions that address each of
the required conditions identified within Chapter 8.20 YMC for consideration of residential use
permits and serving the decision upon the owner applicant and others entitled to notice,
14
including the director of community and economic development or his/her designee. All
�, mm�rioc of decisions shall state:
(a) Findings of fact and conclusions in support of such decision confirming the notice
and order; and
(b) Either:
(i) That the compliance deadline under the notice and order was reasonable and
has passed without satisfactory correction of the illegal conditions; or
(ii) That the compliance deadline under the notice and order should be extended
until a date certain by which time the illegal conditions must be corrected;
(c) The city's costs and administrative fees which, as of the date of the hearing, have
been incurred as a consequence of the illegal conditions, and that such costs and fees
shall be charged to the owner, a date on which they are due and payable, and that unpaid
costs and fees shall be specially assessed and shall constitute a lien against the real
property if they are not paidtimely.
(d) That if the owner or party in interest, following exhaustion of his/her rights to appeal,
fails to comply with the notice and order as confirmed by the board, the city may, directly
or by a private contractor, correct the illegal conditions, and that the costs incurred by the
city for such correction, including administrative fees as authorized by this chapter, shall
be charged to the owner, shall be payable on a date certain, and that unpaid costs and
fees shall be specially assessed and shall constitute a lien against the real property if
they are not paidtimely.
(6) The surnmapy of decision shall state that the owner is entitled to appeal the board's
decision to o'+hor +ho ty 1RGi1 OF +„ the hearing examiner within thirty days and, unless he or
she does appeal or correct the illegal conditions, the city shall have the power, without further
notice or proceedings, tom secure the subject property and to do any act required of
the owner in the notice and order, and to charge costs and administrative fees incurred to
correct the illegal conditions to the owner and assess them against the property as a lien if they
are not paid.
(7) The director shall serve the owner and other parties entitled to be served with the notice
and order, a copy of the summary of the board's decision by certified mail, within five WeFkiRg
business days following the hearing, and shall post the summary of decision at the subject
property.
(8) If no appeal is filed, a copy of thes ,hoof decision shall be filed with the auditor of
Yakima County and the notice and order shall be final. (Ord. 2009-18 § 2, 2009: Ord. 2001-50 §
7, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.410 Enforcement.
(1) The swnmaFy of decision may prescribe times other than times stated in the notice
and order within which correction of illegal conditions shall be commenced or completed.
If the required corrective action is not commenced or completed within the prescribed time
as outlined in the decision, or if no time is prescribed within the time for appeal, the
director may, after the period for appeal has expired, cause the illegal conditions to be
15
corrected. If satisfactory progress has been made and sufficient evidence is presented
that the illegal conditions will be corrected within a reasonable time, the director or the
board may extend the time for completion of the work. If satisfactory or substantial
progress has not been made, and the appeal period has expired, the director may take
reasonable steps to correct the illegal conditions promptly. The direr --ter shall I^+ -hid-S, for
aRY WG Fk t^ ^^rr^^t YVith this ^hart^r
(2) If-GtheF action ordered by the board is not taken within the time prescribed, the
director may, after the period for appeal has expired, cause the illegal conditions to be
corrected by the city, either directly or by a private contractor. Costs of correction of the
illegal conditions, including title report or litigation guarantee costs, shall be paid by the
owner. If payment is not made within 30 days after notice or invoice for payment, the city
shall file a lien against the property for the costs and fees associated with correcting the
illegal conditions.
(3) If the director deems it necessary to have any building on the subject property
secured as an interim measure for the protection of the public health, safety, or welfare
before illegal conditions are corrected, he/she may so order as part of the decision. If the
owner is unable or unwilling to secure such building within forty-eight hours, the director
may order the building secured by the city. Costs of securing any building shall be paid
by the owner. If not paid within 30 days of notice and/or invoice, the city shall file a lien
against the property for the amounts due and owing.
(4) If the owner is unable to comply with the notice and order as confirmed by the board
within the compliance deadline, and the time for appeals t^ the ^ity ^ni ir^il OF r^titinr to
+herrn--re, c'rrrtc has passed, the owner may, for good and sufficient cause beyond his/her
control, request in writing an extension of time. The board OF the ^ity ^ni'Aril may grant a
reasonable extension of time after a finding that the delay was beyond the control of the
owners. There shall be no appeal or petition from the board's OF the ^ity ^ni ind"s, ruling on
an extension of time. (Ord. 2001-50 § 18, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.500 Appeal of board decision.
The owner or any party in interest may, within thirty days from the date of service and posting of
the si rnmar, of the board's decision, or in the case of a voluntary correction agreement the
director's determination of material breach, file an appeal by filing a written notice of appeal with
the city clerk setting out the reasons he or she believes the board's confirmation of the notice
and order or the director's determination of material breach to be erroneous. The appellant
mi -16t ^I^^t and deSinn;;t^ whether tThe appeal shall be decided by the ^ity ^ni ir^il er by the
hearing examiner. The decision of the appeal decision-makethe ^nn^ll^r+ shall be
final, �^^thn, it r^^ni irs^ to the other, and shall be appealable only to the superior court. An
appeal fee of one hundred dollars shall be required to appeal the board's decision to the
hearing examiner. There will be not less than ten nor more than thirty days from the date of said
appeal or referral and the appeal hearing. Notice of the time and place of the hearing shall be
made in accord with YMC 11.10.320. The matter of the appeal will be scheduled for
hearing before the appeal decision -maker so as to allow ten days' notice of the hearing to the
appellant and all interested parties and to permit final decision thereon to be made within sixty
days after the filing of the appeal. The filing of the notice of appeal shall stay the notice and
order as confirmed by the board or the director's determination of material breach, except so
much thereof as requires temporary measures, such as securing of a building to minimize any
emergent danger to the public health or safety as allowed in this chapter. (Ord. 2001-50 § 19,
2001: Ord. 99-15 § 1 (part), 1999).
16
11.10.510 Hearings before the appeal decision -maker.
(1) Upon timely appeal, the appeal decision -maker shall review the proceedings and
decisions of the board, or in the case of a voluntary correction agreement the director's
determination of material breach, and determine whether to affirm, modify or vacate said
decision .
(2) The appeal decision -maker's review shall be on the record, not de novo. In the
absence of good cause, the appeal decision -maker will not accept new evidence or
evidence not made available to the board. Upon thesis hearing of the appeal, the
appeal decision -maker shall consider the file of the proceedings before the board or the
director and such other evidence as may be presented within the parameters of a review
on the record.
(3) The appeal decision -maker shall review the record and such supplemental evidence
as is permitted under subsection (2) above. The appeal decision -maker may grant relief
only if the party seeking relief has carried the burden of establishing that one of the
standards set forth in (a) through ( of this subsection has been met., he Standards s aro
h;;S;pd OP h, 4 Ant IIm14od
to -
(a) The board or director engaged in unlawful procedure or failed to follow a
prescribed process, unless the error was harmless;
(b) The board or director's decision is an erroneous interpretation of the law;
(c) The board or director's decision is not supported by evidence that is substantial
when viewed in light of the whole record before the appeal decision -maker;
(d) The board or director's decision is a clearly erroneous application of the law to
the facts;
(e) The board or director's decision is outside the authority or jurisdiction of the
board or director; or
(f) The board or director's decision violates the constitutional rights of the party
seeking relief.
(4) The appeal decision -maker may recognize and give appropriate effect to special and
extenuating circumstances which, in order to do substantial justice, warrant the exercise
of discretion to adjust the timeframes, standards, and other provisions of this chapter.
(5) After the hearing, the appeal decision -maker may affirm, modify or vacate the
decision of the board or the director, or may continue the matter for further deliberation or
presentation of additional evidence.
(6) A record of the proceedings shall be made and kept for at least three years or until
the matter is final, whichever is longer.
(7) The appeal decision -maker shall cause its findings of fact and order to be made in
writing; provided, that the appeal decision -maker may adopt the findings and decision of
the board or director, or so much thereof as supports its decision. In addition, such order
17
shall state that the owner has the right to petition the superior court of Yakima County for
appropriate relief within thirty days after the order becomes final.
(8) The appeal decision -maker's findings and order shall be served upon the same
persons and posted in the same manner as a notice and order of the director.
(9) Any action taken by the appeal decision -maker shall be final sixty days after the filing
of a notice of appeal unless continued with consent of the owner or occupant. If no notice
of appeal is filed, the decision shall be recorded with the Yakima County Auditor in real
property files of the county.
(10) In the event that the appeal decision -maker fails to reach a decision or continues
the hearing beyond sixty days after the filing of an appeal, the director or board's order
and finding shall be that of the appeal decision -maker's, and shall be final and subject to
petition to the superior court; provided, that any continuance at the request or with the
consent of any owner or occupant shall suspend, for the length of the continuance, the
running of the sixty days allowed for final decision.
(11) The appeal decision -maker's order shall be enforced in the same manner as an
order of the board.
(12) A transcript of the findings of fact of the appeal hearing before the appeal decision -
maker shall be made available to the owner or other party in interest upon demand at the
requestor's expense.
(13) The findings, determinations and orders of the appeal decision -maker on appeals
of determinations and orders issued by the board shall be reported in the same manner
and shall bear the same legal consequences as if issued by the board, and shall be
subject to review only in the manner and to the extent provided in YMC Section
11.10.520. (Ord. 2001-50 § 20, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.520 Appeal to superior court.
Any interested person affected by an order issued by the appeal decision -maker pursuant to
YMC 11. 10.500 and 11. 10.510 may, within thirty days after the posting and service of the order,
petition to the superior court for an injunction restraining the city from carrying out the
provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or
modify the order and such trial shall be heard de novo. (Ord. 99-15 § 1 (part), 1999).
11.10.590 Costs of abatement and administrative fees.
(1) The costs of abatement, repair, alteration or improvement, or vacating and closing,
or removal or demolition, when such actions are performed at the city's cost, shall be
assessed against the real property upon which such costs were incurred unless paid
within thirty days after billing by the city, unless alternative payment arrangements are
made with the director within thirty days after billing. The director shall forward a report of
any unpaid costs of abatement and administrative fees to the city finance director, who
shall certify them to the county treasurer for assessment on the tax rolls, as provided by
RCW 35.80.030(h) and in this chapter.
(2) Bids for correction of illegal conditions shall be let only to a licensed contractor. The
contract documents shall provide that the value of the materials and other salvage of the
18
Property shall be credited against the costs of the corrective action. The contract
documents may require bidders to estimate the salvage value of the property and, by
claiming the salvage, reduce the amount of his/her bid accordingly. The contract price
fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value.
Such bids may be let prior to the time for compliance or appeal, but shall not be binding or
accepted until the order for corrective action is final. The director shall have the authority
to sign the contract on behalf of the city.
(3) Actual costs and expenses will be assessed in accord with the provisions of this
section.
(4) In addition to actual abatement costs, the following administrative fee shall be
assessed and collected in the same manner for such dwellings, buildings, structures, or
premises that are determined to be unfit for human habitation or other uses:
(a) Where abatement is approved by the director prior to board hearing the
administrative fee shall be two hundred dollars, except that these fees shall not be
required for a first offense if abatement is complete forty-eight hours prior to the
board hearing described in the notice and order.
Where abatement is accomplished less than fortv-eiaht hours prior to the board
hearing described in the notice and order, the administrative fee shall be three
hundred dollars.
(c) Where abatement is accomplished following breach of a voluntary correction
agreement or understanding between a property owner and director, board, or
appeal decision -maker, the administrative fee shall be six hundred dollars.
(d) Where the abatement is accomplished by the city following the board hearing
described in the notice and order or following material breach of a voluntary
correction agreement, the administrative fee shall be one thousand dollars.
(5) The board or the appeal decision -maker may, upon recommendation from the
director, modify the amount, methods, or time of payment of such fees as the condition of
the property and the circumstances of the owner may warrant. In determining such
adjustments, the appeal decision -maker may reduce the costs to an owner who has acted
in good faith and would suffer extreme financial hardship. The appeal decision -maker
may, upon recommendation from the director, increase the administrative fees if it
appears that the scheduled fees are inadequate to make the city whole with respect to a
particular unfit dwelling, building, structure, or other premises. (Ord. 2001-50 � 22, 2001:
Ord. 99-15 � 1 (part), 1999).
11.10.600 Assessment and lien on the real property.
The amount of the costs incurred by the city to abate illegal conditions pursuant to this chapter,
including, but not limited to, the administrative fees established in this chapter, costs of title
reports or guarantees, costs of abatement, or any other costs or fees listed in this Chapter,
shall be charged against the owner of the subject property and shall be specially assessed and
shall constitute a lien against the subject property unless such amounts are timely paid after
notice or invoice.
19
The director of finance, or his/her designee, shall certify to the county treasurer any such
unpaid costs to correct illegal conditions as a special assessment due and owing after they
become due and prior to any lien being recorded with the county auditor. Pursuant to RCW
35.80.030, the county treasurer shall enter the amount of such special assessment upon the
tax rolls against the property for the current year and the same shall become a part of the
general taxes for that year to be collected at the same time and with interest at such rates and
in such manner as provided for in RCW 84.56.02, as now or hereafter amended, for delinquent
taxes, and when collected to be deposited to the credit of the general fund of the city. If the
dwelling, building, structure, or premises is removed by the city, the city shall, if possible, sell
the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of
such sale against the cost of the removal and if there be any balance remaining, it shall be paid
to the parties entitled thereto, as determined by the board, after deducting the city's costs and
administrative fees incident thereto.
The assessment shall constitute a lien against the property that shall be of equal rank with
state, county and municipal taxes. (Ord. 2001-50 § 21, 2001: Ord. 99-15 § 1 (part), 1999).
20
11.10.620 Discrimination prohibited.
All oroceedinas under this chapter shall be subiect to the anti-discrimination provisions found in
RCW 35.80.040.
21
ORDINANCE NO. 2017 -
AN ORDINANCE amending the City of Yakima Municipal Code, Chapter 11. 10,
Neighborhood Conservation.
WHEREAS, amendments to the code are proposed to make the code provisions more
consistent throughout Chapter 11.10; and
WHEREAS, the code sections should also be clarified to specify the collection actions
that may be taken, the lien rights of the City, and the appeal rights of property owners; 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 amend the Yakima Municipal Code to clarify the actions of the City
as well as the options and appeal rights of property owners; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Amendments to Replace and Supersede. Chapter 11.10: Neighborhood
Conservation, is hereby amended as shown in Exhibit "A" attached hereto, and fully
incorporated herein, and all such changes are intended to replace and supersede all sections of
the existing Chapter 11.10: Neighborhood Conservation.
Section 2. Severability. If any section, subsection, paragraph, sentence or clause of
this ordinance is declared invalid or unconstitutional for any reason, such decision shall not
affect the validity or constitutionality of the remaining portions of the ordinance.
Section 3. Effective Date. 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 17th day of January, 2017.
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
Kathy Coffey, Mayor
EXHIBIT "A"
Chapter 11.10
NEIGHBORHOOD CONSERVATION
Sections:
11.10.010
11.10.300
Findings and purpose.
11.10.020
11.10.310
Emergencies.
11.10.030
11.10.320
Other powers reserved.
11.10.040
11.10.330
Permit required.
11.10.050
11.10.400
Violations and penalties.
11.10.060
11.10.410
Definitions.
11.10.100
11.10.500
Duties of the director.
11.10.120
11.10.510
Duties of the board.
11.10.150
11.10.520
Rules and regulations.
11.10.200
11.10.590
Determination of unfitness.
11.10.210
11.10.600
Standards for determination of unfitness.
11.10.230
Security of unoccupied dwellings, buildings, structures or premises.
11.10.300
Preliminary investigation.
11.10.310
Notice and order, contents.
11.10.320
Service of notice and order—Filing with county auditor.
11.10.330
Voluntary correction agreement.
11.10.400
Board hearing to review notice and order.
11.10.410
Enforcement.
11.10.500
Appeal of board decision.
11.10.510
Hearings before the appeal decision -maker.
11.10.520
Appeal to superior court.
11.10.590
Costs of abatement and administrative fees.
11.10.600
Assessment and lien on the real property.
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11.10.620 Discrimination prohibited
11.10.010 Findings and purpose.
There exist within the city of Yakima dwellings that are unfit for human habitation, and buildings,
structures, and premises, or portions thereof, that are unfit for other uses, due to dilapidation,
disrepair, structural defects, defects increasing the hazards of fire, accidents, or other
calamities, inadequate ventilation and uncleanness, inadequate light or sanitary facilities,
inadequate drainage, overcrowding, or due to other conditions that are harmful to the health,
safety and welfare of the residents of the city.
The purpose of this chapter is to implement the process and to acquire and exercise the
powers authorized by Chapter 35.80 RCW to address conditions such as those described
above that render dwellings, buildings, structures, and premises in the city unfit for human
habitation and other uses, as well as to authorize review and decision for applications seeking
residential right-of-way use permits within the city. (Ord. 2009-18 § 1, 2009: Ord. 2001-50 § 1,
2001: Ord. 99-15 § 1 (part), 1999).
11.10.020 Emergencies.
The provisions of this chapter shall not prevent the director or any other officer of the city of
Yakima or any other governmental unit from taking any other action, summary or otherwise,
necessary to eliminate or minimize an imminent danger to the health or safety of any person or
property. (Ord. 2001-50 § 2, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.030 Other powers reserved.
Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of
any department of the city to enforce any provisions of its Charter or its ordinances or
regulations, or to prevent or punish violations thereof. The powers conferred by this chapter
shall be in addition and supplemental to the powers conferred by any other law.
Nothing in this chapter shall be construed to impair or limit in any way the power of the city of
Yakima to define and declare nuisances and to cause their removal or abatement, by summary
proceedings or otherwise. (Ord. 2001-50 § 3, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.040 Permit required.
Any work, including construction, repairs or alterations performed under this chapter to
rehabilitate or repair any subject property shall be subject to applicable permit provisions of this
code. (Ord. 2001-50 § 4, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.050 Violations and penalties.
It is unlawful and a violation of this chapter to knowingly:
(1) Occupy or suffer to be occupied any subject property ordered vacated pursuant to
this chapter; or
(2) Fail to comply with any order issued pursuant to this chapter; or
,C]
(3) Obstruct any officer or agent of the city of Yakima or other governmental unit in the
enforcement of this chapter; or
(4) Remove, deface, obscure or otherwise tamper with any notice posted under this
chapter.
Violation of this chapter is a gross misdemeanor. Each day of violation shall constitute a
separate offense. (Ord. 2001-50 § 5, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.060 Definitions.
Unless specifically defined below or unless context clearly requires a different meaning, terms
used in this chapter shall have the meaning given them by the currently adopted edition of the
International Building Code. Gender and number shall be interchangeable. Defined terms or
concepts from Titles 11, 12, 14, and 15 of this code shall apply generally to this chapter.
(1) "Abandoned" refers to any property, real or personal, which is unattended and either
open or unsecured so that admittance may be gained without damaging any portion of the
property, or which reasonably appears not to be presently possessed by any person.
Examples of real or personal property that may reasonably appear abandoned include,
without limitation, dwellings, buildings, structures, and other premises where utilities are
disconnected, debris is accumulated, uncleanness or disrepair is evident, or where items
of personal property are located in places where such items are not normally kept or
used.
(2) "Abatement" means the correction or elimination of conditions that render dwellings
unfit for human habitation, or that render buildings, structures, and premises, or portions
thereof, unfit for other uses, or are otherwise in violation of this chapter.
(3) "Appeal decision -maker' means the hearing examiner.
(4) "Board" means the community review board established under this chapter,
particularly under Sections 11. 10.400 and 11. 10.410 YMC.
(5) "Boarded -up building" means any unoccupied building the exterior openings of which
are closed by extrinsic materials or devices installed on a long-term, rather than brief
temporary basis, giving to the building the appearance of non -occupancy or non-use for
an indefinite period of time. YMC Section 11.10.230 provides criteria that regulate how
dwellings, buildings, and structures may be properly secured against unlawful entry, and
otherwise maintained consistent with public health, safety and welfare and the provisions
and purposes of this chapter.
(6) "Building" means any building, dwelling, structure, or mobile home, factory -built
house, or part thereof, built for the support, shelter, or enclosure of persons, animals,
chattels or property of any kind.
(7) "City council" means the city council of the City of Yakima.
(8) "Costs" means the city's actual expenses incurred to correct illegal conditions
pursuant to the provisions of this chapter plus the administrative fee provided herein.
El
(9) "Director' means the director of community development, or his/her designee
(10) "Health officer' means the head of the Yakima district health department, or his/her
authorized deputies or representatives.
(11) "Illegal conditions" means those conditions at a property, dwelling, structure or
premises that violate this chapter.
(12) "Imminent danger' means an immediate exposure or liability to injury, harm or loss.
(13) "Interested person" or "interested party" means any person entitled to notice of a
notice and order issued by the director under Section 11.10.320 YMC.
(14) "Nuisance" includes: (a) a nuisance defined by statute or ordinance; (b) a nuisance
at common law, either public or private; (c) an attractive nuisance, 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, abandoned wells, ice boxes or refrigerators
with doors and latches, shafts, basements or other excavations, abandoned or inoperative
vehicles or other equipment, structurally unsound fences or other fixtures, lumber,
fencing, vegetation or other debris; (d) uncleanness or whatever is dangerous to human
life or detrimental to health; (e) overcrowding; or (f) abandonment or vacancy.
(15) "Owner" means the owner of the real property on which any illegal condition is
occurring, as listed in the real property records of the Yakima County Auditor's Office, or
who establishes his/her ownership interest before the director, board, or hearing
examiner. For the purpose of giving notice, the term "owner' also includes any person in
physical possession of the real property on which any illegal condition is occurring.
(16) "Person" means natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization, or the manager,
lessee, agent, servant, officer or employee of any of them.
(17) "Repeat violation" means a violation by the same person of the same regulation in
any location for which voluntary compliance has been sought within two years, or for
which a notice and order has been issued within two years.
(18) "Subject property" means the real property, dwelling, building, structure and/or
premises that are the subject of investigation or an enforcement action pursuant to this
chapter. (Ord. 2001-50 § 6, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.100 Duties of the director.
The director is the chief administrative officer for the purposes of this chapter. The director's
duties and powers include:
(1) Investigation of all property, dwellings, buildings, structures or premises the director,
pursuant to this chapter, has reasonable grounds to believe are unfit for human habitation
or other purposes, or otherwise violate this chapter;
(2) Determine, after investigation, that there are violations of this chapter;
5
(3) Preparation, service and posting of notices and orders according to the provisions of
this chapter regarding subject properties that he/she has reasonable grounds to believe,
pursuant to this chapter, are unfit for human habitation or other purposes, or otherwise
violate this chapter; and
(4) Do all things necessary and proper to carry out and enforce this chapter. (Ord. 2001-
50 § 7, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.120 Duties of the board.
The board shall, pursuant to the provisions of this chapter:
(1) Conduct administrative hearings pursuant to YMC Section 11.10.400 to consider
notices and orders issued by the director together with such other evidence as may be
received from the director or other interested parties and persons, and, where
appropriate, to confirm, modify, or disconfirm such notices and orders by written decision;
and
(2) Do all things necessary and proper to carry out and enforce this chapter.
11.10.150 Rules and regulations.
The director and board may establish such rules and procedures as may reasonably and fairly
administer the provisions and achieve the purposes of this chapter and do substantial justice.
The director and board shall recognize and give appropriate effect to special and extenuating
circumstances which, in order to do substantial justice in specific cases, warrant the exercise of
discretion to adjust the timeframes, standards, and other provisions of this chapter. Examples
of circumstances that may warrant such exercise of discretion include, without limitation,
medical illness or disability affecting a property owner's or other responsible person's ability to
respond to orders or appear at hearings, and bona fide insurance coverage disputes that create
a definite risk that enforcement of this chapter would unfairly result in a substantial economic
loss to the property owner.
The director and the board are authorized to exercise such powers, consistent with the
provisions of this chapter, as may be necessary or convenient to reasonably and fairly achieve
the purposes of this chapter. These powers shall, without limitation, include the following in
addition to others herein granted: (a)(i) To determine, subject to the provisions of this chapter,
which dwellings within the city are unfit for human habitation; (ii) to determine, subject to the
provisions of this chapter, which buildings, structures, or premises are unfit for other uses or
constitute a nuisance; (b) in the case of the board, to administer oaths and affirmations,
examine witnesses and receive evidence; and (c) to investigate real property, dwellings,
buildings, structures, or premises that may violate the provisions of this chapter. When
authorized by consent of the owner or other party in possession of a subject property, or if
consent to enter either cannot be requested because the owner or party in lawful possession is
not available, or is refused or revoked, when authorized by judicial warrant or other legal
authority, the director may enter upon subject properties either to investigate violations or to
enforce the provisions of this chapter. During such entries the director shall take reasonable
steps to minimize inconvenience to persons in lawful possession of the subject property. (Ord.
2001-50 § 9, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.200 Determination of unfitness.
C.
The director, after preliminary investigation, or the board after the hearing provided in this
chapter, or when acting on appeals under this chapter the hearing examiner may determine that
a dwelling, building, structure, or premises are unfit for human habitation or other use if the
director or the board finds that conditions exist in such dwelling, building, structure, or premises
that are dangerous or injurious to the health or safety or welfare of the occupants of such
dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other
residents of the city. All determinations of unfitness shall be in writing. (Ord. 2001-50 § 10,
2001: Ord. 99-15 § 1 (part), 1999).
11.10.210 Standards for determination of unfitness.
In determining that a dwelling, building, structure, or other premises is unfit for human
habitation or other uses, the director, board, or when acting on appeals under this chapter the
hearing examiner shall consider: (a) dilapidation, (b) disrepair, (c) structural defects, (d) defects
increasing the hazards of fire, accidents or other calamities, such as parts standing or attached
in such manner as to be likely to fall and cause damage or injury, (e) inadequate ventilation, (f)
uncleanness, (g) inadequate light, (h) inadequate sanitary facilities, (i) inadequate drainage, Q)
substandard conditions, (k) whether or not it is a nuisance, and/or (I) other conditions that affect
the fitness of the building or premises for human habitation or other purposes. In so doing, the
reasonable minimum standards covering such conditions may be found in Titles 10 and 11
YMC, Chapter 6.56 YMC, and other state and local codes as adopted and applicable. (Ord.
2001-50 § 11, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.230 Security of unoccupied dwellings, buildings, structures or premises.
(1) The director, or his/her designee, may determine whether or not any unoccupied
dwelling, building, structure, premises, or portion thereof is unfit for human habitation or
other purposes because:
(a) It is not secure against unauthorized entry by children, criminals, or other
persons;
(b) It is not secure against infestation by insects or animals;
(c) It is not secure against deterioration as a result of exposure to vandalism,
weather, or the elements; or
(d) It is inadequately maintained and repaired as evidenced by broken windows,
overgrown vegetation, graffiti, or other conditions.
(2) In making this determination the director, or his/her designee, shall consider and
document with photographs and/or written accounts the factors that in his/her judgment
reasonably bear on the determination, including without limitation:
(a) The physical condition of the unoccupied dwelling, building, structure, premises
or portion thereof, and whether it reflects ongoing maintenance and repair, including
the presence of broken windows or evidence of vandalism, overgrown vegetation,
the presence of insect or animal pests, deterioration due to weather or exposure to
the elements, and whether graffiti, if any, is painted over promptly.
(b) How long the dwelling, structure, building, premises or portion thereof has been
unoccupied.
7
(c) Whether the dwelling, structure, building, premises or portion thereof is being
actively marketed for sale or lease.
(d) Other facts that demonstrate that the unoccupied dwelling, structure, building,
premises or portion thereof already has been, or that affect the likelihood that it will
be, subject to hazards and circumstances contrary to the health, safety, and welfare
of the public.
(e) Other considerations prescribed by this chapter.
(3) In addition to any other powers authorized by this chapter, the director, or his/her
designee, is authorized to order the owner of and other persons responsible for any
unoccupied dwelling, structure, building, premises or portion thereof determined to be
unfit for human habitation or other purposes under this section to perform any or all of the
following on or before a stated compliance deadline prior to any hearing on a complaint in
the event it is necessary for public health and safety purposes:
(a) Secure all exterior openings of the building by minimum half inch plywood cut to
fit the opening and fastened to the building by minimum one and a quarter inch long
Sheetrock screws at six inches on center around said openings, or upon written
request by owner of the property, by such alternative materials and or methods as
the director, or his/her designee, may determine are adequate to make the dwellings,
buildings, structures, premises, or portions thereof weather -tight and to ensure that it
is secure against unauthorized entry.
(b) To disconnect all utilities including electricity, gas and water.
(c) To remove any graffiti and to keep any unoccupied dwelling, structure, building,
premises or portion thereof free of graffiti.
(d) To maintain the property generally free of any vegetation or other matter that
may constitute a nuisance or a fire hazard.
(4) Orders of the director, or his/her designee, issued under this section shall be in
writing and may be modified from time to time in response to new information or changed
circumstances regarding the dwelling, building, structures, premises, or portion thereof.
(5) The director, or his/her designee, shall routinely monitor compliance of any real
property, unoccupied dwelling, building, structures, premises, or portion thereof that has
been the subject of orders issued under this chapter, and shall formally inspect and
document the condition of the same at least once every six months while the dwelling,
building, structure, or premises remains unoccupied.
(6) The owner shall be responsible for all costs associated with complying with this
section. In the event the owner does not comply with the order, the city shall complete the
necessary actions outlined in the order at the cost of the owner. Any costs not paid by the
owner within thirty days of notice shall constitute a lien on the owner's property. (Ord.
2001-50 § 13, 2001: Ord. 2000-21 § 1, 2000).
11.10.300 Preliminary investigation.
�:3
After the city learns of a possible unfit dwelling, building, structure, or other premises or
property in violation of this chapter, the director shall investigate whether such condition(s)
actually exists. This investigation will include reasonable efforts to speak with the owner of the
subject property, and the tenant or occupant if the property is rented or not owner -occupied.
The director will make a written record of the investigation, including, but not limited to:
(1) Identification of the property;
(2) Documentation of inspection actions, including relevant dates, efforts to establish
identity of and contact owners and tenants;
(3) The reasonable minimum standards that apply to the property;
(4) Written observations relevant to possible conditions of unfitness and how the
property does not meet the reasonable minimum standards, which may include diagrams
of the building or premises and photographs; and
(5) The director's conclusion whether or not the property, dwelling, building, structure, or
other premises, or portion thereof, is unfit for human habitation or other uses, or otherwise
is in violation of this chapter.
If the director determines no actual violation exists, he/she will note such determination for the
record for the subject property and the matter shall be concluded. The director shall notify
complainants, the owner, or other persons who have requested notice of his/her determination.
If the director determines there is a violation, and the owner and/or occupant are willing to enter
into a voluntary correction agreement, such an agreement may be entered into, as allowed in
YMC 11.10.330, prior to the filing of any complaint or notice to other interested parties. (Ord.
99-15 § 1 (part), 1999).
11.10.310 Notice and order, contents.
If, after preliminary investigation, the director determines that a property, dwelling, building,
structure, or other premises is unfit for human habitation or other uses, or otherwise is in
violation of this chapter, and a voluntary correction agreement is not entered into, the director
shall serve, according to the provisions of Section 11.10.320 YMC, a notice and order that shall
state, identify, and/or describe:
(1) The subject property including at least the property address and county assessor's
tax parcel number;
(2) The illegal conditions on the subject property that render one or more dwellings,
buildings, structures there, or the premises unfit for human habitation or other use, violate
the reasonable minimum standards for the dwelling, building or structure, or are otherwise
in violation of this chapter;
(3) What must be done to correct such illegal condition(s);
(4) The deadline for correction of such illegal condition(s), which will allow a reasonable
time for correction and will be set forty-eight hours before the matter will be presented at a
meeting of the board;
9
(5) The costs or administrative fees that may be charged to the owner as a
consequence of the described illegal conditions, including, but not limited to, the costs of
the title report or litigation guarantee obtained to determine interested parties;
(6) The place and date, which shall be not less than ten nor more than thirty days after
the notice and order is served, where and when the matter will be presented on hearing to
the board, where the board will be requested to:
(a) Confirm the director's determinations;
(b) Authorize the city to proceed to abate the described illegal conditions on the
subject property if such conditions are not corrected before the deadline or otherwise
corrected by the property owner or other responsible party; and
(c) Confirm that the owner shall pay administrative fees plus the costs incurred by
the city, through the date of the board's confirmation of the illegal conditions,
together with such costs as the city reasonably subsequently incurs to abate the
illegal conditions and administrative fees for such subsequent abatement, and that if
those fees and costs are not paid within thirty days of invoice, the city may place a
lien on the subject property and record said lien against the property in the real
property records of Yakima County.
(7) That all parties in interest shall be given the right to file an answer to the notice and
order, to appear in person, or otherwise, and to provide testimony and evidence at the
time and place for the board's review stated in the notice and order, and that the rules of
evidence prevailing in courts of law or equity shall not be controlling in hearings before the
board;
(8) The city's policy that the director may waive the city's costs and/or administrative
fees for a first offense if the illegal conditions are corrected at least forty-eight hours prior
to the board hearing;
(9) Invite the owner's, or any other interested party's, cooperation and inform the owner
of the city's policy that first offenders may negotiate a voluntary correction agreement
consistent with the provisions of Section 11. 10.330 YMC in which, among other things, the
owner:
(a) Admits that the illegal condition(s) exist(s);
(b) Promises to correct the illegal condition(s) by an agreed deadline no more than
ninety days from the original deadline;
(c) Is advised of his/her rights under the state and federal constitutions to refuse
consent to entry, to limit the scope of consent to entry, and to withdraw consent to
entry once given, and the owner and occupant (if applicable) consents to entry on
the subject property by the city or persons under contract with the city to correct any
illegal condition(s) that are not corrected by the deadline;
(d) Agrees to pay the city's costs to abate the illegal conditions if the owner fails to
abate the conditions; and
10
(e) Agrees to pay the costs of the title report or litigation guarantee obtained to
determine interested parties, as well as any other costs associated with bringing
forward the claims.
(10) In the case of subject property lawfully occupied by someone other than the owner,
no voluntary correction agreement will be offered unless such persons lawfully occupying
the subject property also consent to entry by the city or persons under contract with the
city to correct the illegal condition(s) described that are not corrected by the deadline.
(11) Advise the owner that if the illegal conditions are not corrected, the city may pursue
the matter further by civil and/or criminal enforcement, in addition to further proceedings
under this chapter;
(12) Advise the owner of the city's policy that generally repeat offenders may be
prosecuted.
(13) Advise the owner and other interested persons of programs for assistance that may
be provided by the city, and such other programs and community resources as the
director believes may assist the owner or others to correct the illegal conditions. (Ord.
2001-50 § 14, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.320 Service of notice and order—Filing with county auditor.
If, after a preliminary investigation of any property, dwelling, building, structure, or premises in
the City of Yakima, the director determines that it is unfit for human habitation or other use or
otherwise violates this chapter, he/she shall cause to be served, either personally or by certified
mail, with return receipt requested, upon the owner and any other persons having any interest
in the subject property, as shown upon the records of the Yakima County auditor's office, and
shall post at one or more conspicuous places on the subject property, a copy of the notice and
order. If the whereabouts of any of such persons is unknown and the same cannot be
ascertained by the director in the exercise of reasonable diligence, and the director makes an
affidavit to that effect, then service of such notice and order upon such persons may be made
either by personal service or by mailing a copy of the notice and order by certified mail, postage
prepaid, return receipt requested, to each such person at the address of the real property,
building or premises involved in the proceedings, and mailing a copy of the notice and order by
first-class mail to any address of each such person in the records of the county auditor for the
county where the property is located. The director shall make and retain written proof of service
of the notice and order. A copy of such notice and order shall also be filed with the county
auditor in the real property records of the county, and such filing of the notice and order shall
have the same force and effect as other lis pendens notices provided by law. (Ord. 2001-50 §
15, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.330 Voluntary correction agreement.
(1) The director may execute a voluntary correction agreement with the owner of a
property, dwelling, building, structure, or other premises the director determines is unfit for
human habitation or other uses.
(2) A voluntary correction agreement is a contract between the city and the owner in
which the owner and/or any other person entitled to possession of the subject property
promise to correct the illegal conditions within a specified time and according to specified
conditions. The voluntary correction agreement shall include:
11
(a) The name and address of the owner of the subject property and any other
person bound under the contract, including all lessees or other persons entitled to
possess, use, or occupy the property with an expectation of privacy;
(b) The street address, a legal description sufficient to identify the subject property,
and the county assessor's tax parcel number;
(c) A description of the illegal conditions that render the subject property unfit for
human habitation or other uses, how the dwelling, building or structure does not meet
the reasonable or minimum standards covering such conditions, or otherwise outline
the violations of this chapter, and a reference to the provisions of this chapter or
other regulation that has been violated;
(d) The corrective action the owner and any others promise to complete, and a
date and time by which the corrective action must be completed;
(e) A stipulation by the owner that the illegal condition(s) identified in the notice and
order exist(s), and that the corrective actions specified in the voluntary correction
agreement are appropriate;
(f) Express consent to entry onto the subject property by city staff or persons under
contract with the city to ascertain compliance with the voluntary correction agreement
and/or to correct the illegal conditions described in the notice and order in the event
of material breach. Such consent shall reflect that the city has presented a statement
advising the property owner and any other lawful possessor of his/her rights under
the state and federal constitutions to refuse consent to entry, to limit the scope of
consent to entry, and to withdraw consent to entry once given. This statement of
rights and consent to entry must be initialed by the property owner and other lawful
possessor of the subject property. The owner must stipulate that the city of Yakima
may abate the illegal condition(s) without further notice if a formal notice and order
has already been served pursuant to YMC 11.10.320, and recover costs and
administrative fees as an assessment to the owner and if not paid within 30 days of
invoice, a lien will be recorded against the property pursuant to this chapter in the
event of a material breach of the voluntary correction agreement;
(g) The costs and administrative fees to be paid, a timeline for payment, and the
name of the party responsible for payment;
(h) Permission by the owner and any lessee or other person entitled to possess,
use, or occupy the property with an expectation of privacy for the city to enter upon
the subject property at any reasonable times until the illegal conditions are corrected;
and
(i) An acknowledgement.
(3) The director may, in his or her sole discretion, extend deadlines for correction if the
owner, or another responsible person, has been diligent and made substantial progress
but has been unavoidably delayed or has otherwise demonstrated that the required
corrective actions will be completed within a reasonable period not to exceed fourteen
additional days.
12
(4) The director may determine that a material breach of a voluntary correction
agreement has occurred, and may further determine what shall be done to correct the
illegal conditions that were the subject of the voluntary correction agreement. The director
shall provide notice of such a determination in the same fashion as notice of decisions of
the board, and such determinations shall function as the equivalent of a decision of the
board in any further proceedings. A party to the voluntary correction agreement may
appeal such a determination to the hearing examiner by filing a written notice of appeal
with the city clerk for review according to the procedures and standards applicable to
appeals of decisions of the board, and paying any appeal fee. (Ord. 2001-50 § 16, 2001:
Ord. 99-15 § 1 (part), 1999).
11.10.400 Board hearing to review notice and order.
(1) The board shall be comprised of seven individuals appointed by the city council who
represent different aspects of the public as a whole, including local residents, the building
industry, the health community, the business community, and the residential rental community,
but not more than two from any of these. The members shall be appointed to three-year terms
except that initial appointments to the board shall be for staggered terms of either one, two, or
three years to optimize the balance of experience among members of the board. The board
may adopt and publish such rules of procedure as are necessary or convenient to carry out and
effectuate the purposes and provisions of this chapter, Chapter 35.80 RCW and those of YMC
Chapter 8.20 regarding review and decision-making for residential right-of-way use permits,
said review and decision-making to be conducted in accord with the conditions set forth therein.
Four members of the board shall constitute a quorum for the transaction of business. Except as
otherwise specified by law, a majority vote of the board members present at a meeting shall be
required and shall be sufficient to transact any business before the board. The rules of
evidence prevailing in courts of law or equity shall not be controlling in hearings before the
board. At its first meeting in October each year, the board shall elect a chair and vice -chair from
among its members.
(2) Unless, prior to the time fixed in the notice and order for a hearing before the board to
review the notice and order, the property owner has entered into a voluntary correction
agreement, or city staff determines that the illegal conditions have been corrected, the board
shall hold a hearing to review the notice and order and to determine the immediate disposition
of any illegal conditions existing at the subject property. The hearing may be canceled if the
director approves the completed corrective action at least forty-eight hours before the
scheduled hearing, and the director shall provide notice of the satisfactory correction of the
illegal conditions to the owner, complainants, and other interested persons, including the county
auditor's office in cases in which a notice of the enforcement action has been previously filed.
(3) The board shall conduct a hearing pursuant to its adopted rules. The director or his/her
designee, the owner, and other parties entitled to be served with the notice and order may
participate as parties in the hearing and each party may call witnesses and present evidence.
Any complainant or person affected by the illegal conditions may appear and present evidence.
The city shall have the burden of demonstrating by a preponderance of evidence that the
subject property is unfit for human habitation or other uses, or otherwise violates this chapter,
and that the required corrective action is reasonable as stated in the notice and order. The
director's determination of unfitness and order to correct illegal conditions shall be accorded
substantial weight. In the event of a tie vote on a decision, the matter shall be referred on an
expedited basis to the city of Yakima hearing examiner for a new hearing and decision within
thirty days. In such cases, the hearing examiner's decision shall be equivalent to a decision of
the board for the purposes of any subsequent proceedings under this chapter. Furthermore, the
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hearing examiner's decision in such cases shall be appealable only to the Yakima County
Superior Court.
(4) If the owner or other persons with interest of record fail to appear at the scheduled
hearing, the board may confirm the notice and order by finding that the subject property is unfit
for human habitation or other uses, or otherwise violates this chapter, as determined by the
director. The board may further authorize the city to assess costs and administrative fees
according to the provisions of this chapter.
(5) If, after considering evidence and argument submitted by the director, the owner, the
complainant(s), and other interested parties, the board determines that the subject property is
unfit for human habitation or other use, or otherwise violates this chapter, or in the case of
applications for residential right-of-way use permits a decision is made to approve or deny the
application, it shall issue a decision according to the provisions of this section. The decision
shall be served upon the owner and other persons entitled to notice of the notice and order, and
shall be posted in a conspicuous place on the subject property. Specifically regarding
applications for residential right-of-way use permits, following consideration of the application
the board shall issue a written summary decision approving or denying the application, said
decision to include findings and conclusions that address each of the required conditions
identified within Chapter 8.20 YMC for consideration of residential use permits and serving the
decision upon the owner applicant and others entitled to notice, including the director of
community and economic development or his/her designee. All decisions shall state:
(a) Findings of fact and conclusions in support of such decision confirming the notice
and order; and
(b) Either:
(i) That the compliance deadline under the notice and order was reasonable and
has passed without satisfactory correction of the illegal conditions; or
(ii) That the compliance deadline under the notice and order should be extended
until a date certain by which time the illegal conditions must be corrected;
(c) The city's costs and administrative fees which, as of the date of the hearing, have
been incurred as a consequence of the illegal conditions, and that such costs and fees
shall be charged to the owner, a date on which they are due and payable, and that unpaid
costs and fees shall be specially assessed and shall constitute a lien against the real
property if they are not paid.
(d) That if the owner or party in interest, following exhaustion of his/her rights to appeal,
fails to comply with the notice and order as confirmed by the board, the city may, directly
or by a private contractor, correct the illegal conditions, and that the costs incurred by the
city for such correction, including administrative fees as authorized by this chapter, shall
be charged to the owner, shall be payable on a date certain, and that unpaid costs and
fees shall be specially assessed and shall constitute a lien against the real property if they
are not paid.
(6) The decision shall state that the owner is entitled to appeal the board's decision to the
hearing examiner within thirty days and, unless he or she does appeal or correct the illegal
conditions, the city shall have the power, without further notice or proceedings, to secure the
subject property and to do any act required of the owner in the notice and order, and to charge
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costs and administrative fees incurred to correct the illegal conditions to the owner and assess
them against the property as a lien if they are not paid.
(7) The director shall serve the owner and other parties entitled to be served with the notice
and order, a copy of the summary of the board's decision by certified mail, within five business
days following the hearing, and shall post the summary of decision at the subject property.
(8) If no appeal is filed, a copy of the decision shall be filed with the auditor of Yakima County
and the notice and order shall be final. (Ord. 2009-18 § 2, 2009: Ord. 2001-50 § 7, 2001: Ord.
99-15 § 1 (part), 1999).
11.10.410 Enforcement.
(1) The decision may prescribe times other than times stated in the notice and order
within which correction of illegal conditions shall be commenced or completed. If the
required corrective action is not commenced or completed within the prescribed time as
outlined in the decision, or if no time is prescribed within the time for appeal, the director
may, after the period for appeal has expired, cause the illegal conditions to be corrected.
If satisfactory progress has been made and sufficient evidence is presented that the
illegal conditions will be corrected within a reasonable time, the director or the board may
extend the time for completion of the work. If satisfactory or substantial progress has not
been made, and the appeal period has expired, the director may take reasonable steps to
correct the illegal conditions promptly.
(2) If action ordered by the board is not taken within the time prescribed, the director
may, after the period for appeal has expired, cause the illegal conditions to be corrected
by the city, either directly or by a private contractor. Costs of correction of the illegal
conditions, including title report or litigation guarantee costs, shall be paid by the owner. If
payment is not made within 30 days after notice or invoice for payment, the city shall file a
lien against the property for the costs and fees associated with correcting the illegal
conditions.
(3) If the director deems it necessary to have any building on the subject property
secured as an interim measure for the protection of the public health, safety, or welfare
before illegal conditions are corrected, he/she may so order as part of the decision. If the
owner is unable or unwilling to secure such building within forty-eight hours, the director
may order the building secured by the city. Costs of securing any building shall be paid
by the owner. If not paid within 30 days of notice and/or invoice, the city shall file a lien
against the property for the amounts due and owing.
(4) If the owner is unable to comply with the notice and order as confirmed by the board
within the compliance deadline, and the time for appeals has passed, the owner may, for
good and sufficient cause beyond his/her control, request in writing an extension of time.
The board may grant a reasonable extension of time after a finding that the delay was
beyond the control of the owners. There shall be no appeal or petition from the board's
ruling on an extension of time. (Ord. 2001-50 § 18, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.500 Appeal of board decision.
The owner or any party in interest may, within thirty days from the date of service and posting of
the board's decision, or in the case of a voluntary correction agreement the director's
determination of material breach, file an appeal by filing a written notice of appeal with the city
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clerk setting out the reasons he or she believes the board's confirmation of the notice and order
or the director's determination of material breach to be erroneous. The appeal shall be decided
by the hearing examiner. The decision of the appeal decision -maker shall be final, and shall be
appealable only to the superior court. An appeal fee of one hundred dollars shall be required to
appeal the board's decision to the hearing examiner. There will be not less than ten nor more
than thirty days from the date of said appeal or referral and the appeal hearing. Notice of the
time and place of the hearing shall be made in accord with YMC 11.10.320. The matter of the
appeal will be scheduled for hearing before the appeal decision -maker so as to allow ten days'
notice of the hearing to the appellant and all interested parties and to permit final decision
thereon to be made within sixty days after the filing of the appeal. The filing of the notice of
appeal shall stay the notice and order as confirmed by the board or the director's determination
of material breach, except so much thereof as requires temporary measures, such as securing
of a building to minimize any emergent danger to the public health or safety as allowed in this
chapter. (Ord. 2001-50 § 19, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.510 Hearings before the appeal decision -maker.
(1) Upon timely appeal, the appeal decision -maker shall review the proceedings and
decisions of the board, or in the case of a voluntary correction agreement the director's
determination of material breach, and determine whether to affirm, modify or vacate said
decision.
(2) The appeal decision -maker's review shall be on the record, not de novo. In the
absence of good cause, the appeal decision -maker will not accept new evidence or
evidence not made available to the board. Upon the hearing of the appeal, the appeal
decision -maker shall consider the file of the proceedings before the board or the director
and such other evidence as may be presented within the parameters of a review on the
record.
(3) The appeal decision -maker shall review the record and such supplemental evidence
as is permitted under subsection (2) above. The appeal decision -maker may grant relief
only if the party seeking relief has carried the burden of establishing that one of the
standards set forth in (a) through (f) of this subsection has been met.
(a) The board or director engaged in unlawful procedure or failed to follow a
prescribed process, unless the error was harmless;
(b) The board or director's decision is an erroneous interpretation of the law;
(c) The board or director's decision is not supported by evidence that is substantial
when viewed in light of the whole record before the appeal decision -maker;
(d) The board or director's decision is a clearly erroneous application of the law to
the facts;
(e) The board or director's decision is outside the authority or jurisdiction of the
board or director; or
(f) The board or director's decision violates the constitutional rights of the party
seeking relief.
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(4) The appeal decision -maker may recognize and give appropriate effect to special and
extenuating circumstances which, in order to do substantial justice, warrant the exercise
of discretion to adjust the timeframes, standards, and other provisions of this chapter.
(5) After the hearing, the appeal decision -maker may affirm, modify or vacate the
decision of the board or the director, or may continue the matter for further deliberation or
presentation of additional evidence.
(6) A record of the proceedings shall be made and kept for at least three years or until
the matter is final, whichever is longer.
(7) The appeal decision -maker shall cause its findings of fact and order to be made in
writing; provided, that the appeal decision -maker may adopt the findings and decision of
the board or director, or so much thereof as supports its decision. In addition, such order
shall state that the owner has the right to petition the superior court of Yakima County for
appropriate relief within thirty days after the order becomes final.
(8) The appeal decision -maker's findings and order shall be served upon the same
persons and posted in the same manner as a notice and order of the director.
(9) Any action taken by the appeal decision -maker shall be final sixty days after the filing
of a notice of appeal unless continued with consent of the owner or occupant. If no notice
of appeal is filed, the decision shall be recorded with the Yakima County Auditor in real
property files of the county.
(10) In the event that the appeal decision -maker fails to reach a decision or continues
the hearing beyond sixty days after the filing of an appeal, the director or board's order
and finding shall be that of the appeal decision -maker's, and shall be final and subject to
petition to the superior court; provided, that any continuance at the request or with the
consent of any owner or occupant shall suspend, for the length of the continuance, the
running of the sixty days allowed for final decision.
(11) The appeal decision -maker's order shall be enforced in the same manner as an
order of the board.
(12) A transcript of the findings of fact of the appeal hearing before the appeal decision -
maker shall be made available to the owner or other party in interest upon demand at the
requestor's expense.
(13) The findings, determinations and orders of the appeal decision -maker on appeals
of determinations and orders issued by the board shall be reported in the same manner
and shall bear the same legal consequences as if issued by the board, and shall be
subject to review only in the manner and to the extent provided in YMC Section
11.10.520. (Ord. 2001-50 § 20, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.520 Appeal to superior court.
Any interested person affected by an order issued by the appeal decision -maker pursuant to
YMC 11. 10.500 and 11. 10.510 may, within thirty days after the posting and service of the order,
petition to the superior court for an injunction restraining the city from carrying out the
provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or
modify the order and such trial shall be heard de novo. (Ord. 99-15 § 1 (part), 1999).
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11.10.590 Costs of abatement and administrative fees.
(1) The costs of abatement, repair, alteration or improvement, or vacating and closing,
or removal or demolition, when such actions are performed at the city's cost, shall be
assessed against the real property upon which such costs were incurred unless paid
within thirty days after billing by the city, unless alternative payment arrangements are
made with the director within thirty days after billing. The director shall forward a report of
any unpaid costs of abatement and administrative fees to the city finance director, who
shall certify them to the county treasurer for assessment on the tax rolls, as provided by
RCW 35.80.030(h) and in this chapter.
(2) Bids for correction of illegal conditions shall be let only to a licensed contractor. The
contract documents shall provide that the value of the materials and other salvage of the
property shall be credited against the costs of the corrective action. The contract
documents may require bidders to estimate the salvage value of the property and, by
claiming the salvage, reduce the amount of his/her bid accordingly. The contract price
fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value.
Such bids may be let prior to the time for compliance or appeal, but shall not be binding or
accepted until the order for corrective action is final. The director shall have the authority
to sign the contract on behalf of the city.
(3) Actual costs and expenses will be assessed in accord with the provisions of this
section.
(4) In addition to actual abatement costs, the following administrative fee shall be
assessed and collected in the same manner for such dwellings, buildings, structures, or
premises that are determined to be unfit for human habitation or other uses:
(a) Where abatement is approved by the director prior to board hearing the
administrative fee shall be two hundred dollars, except that these fees shall not be
required for a first offense if abatement is complete forty-eight hours prior to the
board hearing described in the notice and order.
(b) Where abatement is accomplished less than forty-eight hours prior to the board
hearing described in the notice and order, the administrative fee shall be three
hundred dollars.
(c) Where abatement is accomplished following breach of a voluntary correction
agreement or understanding between a property owner and director, board, or
appeal decision -maker, the administrative fee shall be six hundred dollars.
(d) Where the abatement is accomplished by the city following the board hearing
described in the notice and order or following material breach of a voluntary
correction agreement, the administrative fee shall be one thousand dollars.
(5) The board or the appeal decision -maker may, upon recommendation from the
director, modify the amount, methods, or time of payment of such fees as the condition of
the property and the circumstances of the owner may warrant. In determining such
adjustments, the appeal decision -maker may reduce the costs to an owner who has acted
in good faith and would suffer extreme financial hardship. The appeal decision -maker
may, upon recommendation from the director, increase the administrative fees if it
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appears that the scheduled fees are inadequate to make the city whole with respect to a
particular unfit dwelling, building, structure, or other premises. (Ord. 2001-50 § 22, 2001:
Ord. 99-15 § 1 (part), 1999).
11.10.600 Assessment and lien on the real property.
The amount of the costs incurred by the city to abate illegal conditions pursuant to this chapter,
including, but not limited to, the administrative fees established in this chapter, costs of title
reports or guarantees, costs of abatement, or any other costs or fees listed in this Chapter,
shall be charged against the owner of the subject property and shall be specially assessed and
shall constitute a lien against the subject property unless such amounts are timely paid after
notice or invoice.
The director of finance, or his/her designee, shall certify to the county treasurer any such
unpaid costs to correct illegal conditions as a special assessment due and owing after they
become due and prior to any lien being recorded with the county auditor. Pursuant to RCW
35.80.030, the county treasurer shall enter the amount of such special assessment upon the
tax rolls against the property for the current year and the same shall become a part of the
general taxes for that year to be collected at the same time and with interest at such rates and
in such manner as provided for in RCW 84.56.02, as now or hereafter amended, for delinquent
taxes, and when collected to be deposited to the credit of the general fund of the city. If the
dwelling, building, structure, or premises is removed by the city, the city shall, if possible, sell
the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of
such sale against the cost of the removal and if there be any balance remaining, it shall be paid
to the parties entitled thereto, as determined by the board, after deducting the city's costs and
administrative fees incident thereto.
The assessment shall constitute a lien against the property that shall be of equal rank with
state, county and municipal taxes. (Ord. 2001-50 § 21, 2001: Ord. 99-15 § 1 (part), 1999).
11.10.620 Discrimination prohibited.
All proceedings under this chapter shall be subject to the anti -discrimination provisions found in
RCW 35.80.040.
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