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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 13.
For Meeting of: September 17, 2019
ITEM TITLE: Ordinance adding Yakima Municipal Code Chapter 11.49 Minimum
Standards and Maintenance of Vacant Commercial Space in the
Central Business District
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Economic Development Committee (EDC) reviewed the Vacant Building Registry
Ordinance, which proposes to create a registry of vacant commercial buildings in the Central
Business District, and increases minimum maintenance standards for those buildings. As part of
that review, the proposed ordinance was presented at the August Downtown Association of
Yakima (DAY) meeting to downtown business owners, where it was not well received. At its
August EDC meeting, the committee chair suggested the revised ordinance should go back to
Council for discussion. At its September 3, 2019 City Council meeting, Councilmember White
briefed the Council on the status and, after a motion and a second, the City Council directed that
this be placed on the agenda. The ordinance as presented to the Council herein is the most
recent version that was in front of the EDC for review. It includes minimum maintenance
standards for commercial buildings in the Central Business District (CBD) as well as a vacant
commercial building registry to track what vacancies are in the CBD.
ITEM BUDGETED:
STRATEGIC PRIORITY: Economic Development
APPROVED FOR — ,� Interim CityManager
SUBMITTAL: -__ - -- - 9
STAFF RECOMMENDATION:
Staff recommends that this ordinance be further discussed and that the City Council further direct
staff as to how and if they want to further pursue this ordinance.
BOARD/COMMITTEE RECOMMENDATION:
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Committee Chair White recommended this revised ordinance be discussed with the full Council.
Subsequently, the ordinance was placed on the agenda by a motion of the full City Council.
ATTACHMENTS:
Description Upload Date Type
D Ordnance re YMC 11 4.9-track changes 915/2019 Ordnance
D Ordinance re YMC 11 49-changes accepted 9/512019 Ordinance
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ORDINANCE NO. 2019-
AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and
Maintenance of Vacant Commercial Space in the Central Business
District
WHEREAS, maintaining a clean and inviting downtown core is important for residents,
visitors and those looking to start or relocate a business to downtown Yakima; and
WHEREAS, there have been instances where businesses have closed and have not
been maintained, causing an eyesore downtown; and
WHEREAS, to enhance economic development downtown, including to increase
occupancy in businesses and provide a welcoming downtown, a higher standard of
maintenance should be required for downtown commercial businesses; and
WHEREAS, to make sure that the City is aware of vacant commercial buildings in the
Central Business District, and therefore can monitor the condition of those buildings the
ordinance proposes a vacant building registry to be operated by the City and funded by owners
of commercial buildings that are vacant; and
WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the
City and its residents to enact the ordinance; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant
Commercial Space in the Central Business District" is added as a new Chapter to the Yakima
Municipal Code and reads as follows:
11.49 Minimum standards and maintenance of vacant commercial space in the central
business district.
11.49.010 Scope
11.49.020 Administration
11.49.025 Compliance with YMC 11.48
11.49.030 Definitions
11.49.040 General minimum maintenance requirements
11.49.050 Vacant commercial space registration
11.49.060 Window displays for commercial spaces not occupied for thirty days
11.49.070 Fees for vacant commercial space registration
11.49.080 Exemptions
11.49.090 Delinquent registration fees Collection
11.49.100 Duty to amend registration statement
11.49.110 Inspections
11.49.120 Enforcement
11.49.130 Annual Report
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11.49.010 Scope.
The provisions of this chapter apply tn all structures in the Central Business District, unless
otheRvise stated. All responsible persons shall comply with the requirements of this chapter.
11.49820 Administration
This chapter will be administered by the code administration manager or their designee, who
may adopt administrative rules and requlation5 consistent with its terms. The codes
administration noanaqer (and their designee). code inspectors, orcode compliance officers are
authorized tn enforce this chapter.
11.49.025 Compliance with YMC 11.48
All buildinq5 subject to this chapter shall also comply with the requirements of Yakima Municipal
Code section 11.4Oas now exists nris hereafter amended.
1129830 Definitions
For purposes nf this chapter:
"Central business district" means the central business district, or CBD, zone in the city of
Yakima as defined by the Yakima Urban Area Zoning Ordinance, Title 15Y&1C.
"Cky" means the city of Yakima, its officers, employees and aqents.
"Commercial space" means any portion of a structure in the central business district zone that is
not intended for residential use. Each distinct space in multi-unit building is considered a
separate commercial space for purposes of this chapter.
"Occupied" means a permitted nonresidential use physically located and lawfully nperahnq in
the space for at least three consecutive months.
"Responsible person" means any person, hrno, associaUnn, corporation or any aqenttherenf`
owning. |eadng, renting or having lawful possession of a structure in the central business
district.
"Vacant commercial space" means any portion of a street-level commercial space that, on or
after January 1 , 2020, is riot occupied and has riot been occupied durinq the precedinq ninety
days.
11.49840 General minimum maintenance requirements.
All responsible persons shall perform the fnUnring with respect to each commercial space they
own, lease, rent nr lawfully possess:
a. Maintain all exterior surfaces, includinq, but not limited to doors, windows, door and
window franoes, cnrnices, pnrches, trino, ba|cnnies, dec4s, and fences, in good
condition.
b. Protect exterior wood surfaces, other than decaV-resistant weeds, from the element
sand decay with paint or other protective coverinq or treatment. If protection of the
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surface is cnnoprnnoised, restore adequate protection within fourteen calendar days
or other time period approved in advance by the code administration noanaqer; for
exanop|e, remove pee|ing. flaking or chipped paint and repaint the compromised
surface.
c Cause all sidinq and masonry joints and joints between the buildinq envelope and
the perimeter of pindnwo, dnors, and skYUqhts to be weather-resistant and
watertight.
d. Coat all metal surfaces subject to rust or corrosion, except those dedqned to be
stabilized by oxidation, to inhibit rust or corrosion, after first 5tabiliziriq any existinq
rust and corrosion. Remove oxidation stains from exterior surfaces.
e. Maintain all exterior walls free from dirt, qrime, holes, breaks, qraffiti, and loose or
decaVinq materials. Weatherproof and properly coat the surface of all exterior walls
when required to prevent deterioration.
i Maintain the roof and f|ashinqnf all structures snthat they are sound, tight. free of
defects, do not attract pests nr create a public nuisance. Maintain adequate roof
drainacle, maintain roof drains, qufter5, and downspouts in qood repair and free from
obstructions.
g. Broken windows or doors shall be replaced. No windows or doors may be boarded
up with p|Yn/nod, omnd, cardboard, nrother material for more than five (5) business
days while the responsible person isvvaihnq for the vvindooaor doors to be replaced.
11.49.050 Vacant commercial space registratinn
a. At least one responsible person for each vacant commercial space must reqister
that space with the city withinten (1U) calendar days nfthe date the space becomes
vacant, as that term is defined in Section 11.498JU.
b. A space will considered to be registered on the date the city receives, on a form
provided by the code administration noanagerand properly completed and dqned by
a responsible person, the fnUnwinqinformation:
1. The street address and parcel number nf the vacant commercial space;
2. The nanoe, address, daytime and eveninq telephone numbers of each
responsible person for the vacant commercial space, includinq, but not limited to
the owner and tenant
.
3. The period of time the vacant commercial space is expected to remain vacant;
and
4. Any other information requested by the code administration noanaqer for the
administration of this chapter.
c A responsible person must renew the reclistration for each vacant commercial space
on or before January 1mnfeach year that the space remains vacant. Arespnndb|e
person must submit the renewal application to the city on forms provided by the
code administration noanager.
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d Upon satisfactory proof to the code administration manager that the vacant
commercial space is occupied as defined in Section 11.49.030, the vacant
commercial space will be unreqistered. Proof nfphysical occupation may inc|ude,
but is riot limited to, usable furniture, office equipment, retail inventory or other
equipment and inventory in the space that are consistent with the unit's intended
use, and persons regu|ady present at and using the space for its intended use.
Proof of physical occupancy must also include dncunoentahnn, which may inc|ude,
but is not limited to, a current executed lease aqreenoenL paid utility receipts
reflecting payments for three consecutive months from the month the space is
nccup|ed, or valid state and local business licenses, federal income tax or business
and occupation tax statements indicating the subject space is the official business
address nfthe person nr business dainoinqoccupancy.
e. The determination of the number nfvacant commercial spaces a structure contains
will be at the reasonable discretion of the code administration noanaqe[ who may
take into account the number of unique spaces within a structure, the number of tax
assessor parcel numbers associated with the structure, or the previous use of the
structure.
11.49.060 Window displays for commercial spaces riot occupied for thirty days.
When commercial space is unoccupied for more than thirty daYs, a responsible person must
take steps to avoid adverse impacts on the neiqhborhnod and create an attractive streetscape
by app|Ying at least one of the foUnwinq measures to all ground floor windows that face
sidewa|ks, streets, nr public open space:
a. Paint windows with visually appealing scenes depicting or sugqeshnq business or
cu|tura| achvihes�
b. Display works of art or provide other displays of cultural or educational value, u5inq
backqrnund panels or other methods to screen views from the sheet of the
unoccupied space; or
c Other measures consistent with these examples approved by the code
adnoinistrationnoanaqer.
11.49D/0 Fee for vacant commercial space reqistrahon.
a. Ad least one responsible person shall pay an annual registrahonfee of Five Hundred
Dollars ($5U080) for each vacant commercial space in the central business district
at the time the space is registered and on January 111 of each year that the space
remains vacant.
b. The fee is intended to defray the costs nfadnoinistehnq this sectinn, and may be
amended by the City Council tomeet the costs.
11.49800 Exemptions.
a. The fee required insection 11.49D/0 shall not be required if the foUnwinqconditions
are met:
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1. The space meets all applicable codes and requ|ahons that apply to a pernoUƒed
nonresidential use, and the responsible person is actively aMenopUng to sell,
lease, or rent the property (vvfiich is evidenced, in part, by appropriate siqriaqe at
the space visible to the pub|ic); and
Z The space complies with section 11.49D60; and
3. There are no nuisance activities nn the property; and
4. The ddeom|4s are consistently cleaned and cleared of debris, snow, leaves and
qarbage.
b. The fee required in section 11.49.070 shall not be required if the space is the subject
of a current, valid buildinq permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the
repair orrehabilitation is proceeding pithoutsignihcant delay.
c The fee required insection 11.49.U/U shall not be required if the space is located on
property which is the subject of a land use application for redevelopment for which
approval has been granted. but bui|dinq permits have yet to be issued.
d. Even if the vacant commercial space isexempt from payment nf the fee outlined in
section 11.49D/0, the responsible person shall register the vacant commercial
space with the city pursuant to section 11.49.U5U.
11.49.090 Delinquent registrahnnfees--coUec1inn.
If responsible person fails to pay the reqishahonfee by the due date, the city is authorized to
take action to collect the reqi5tration fee, includinq, but riot limited to, enforcement as provided
by section 11.49]20. 0inq civil actions nrturninqthe matter over to coUechon, in which case
costs incurred by the city as a result of the collection process will be assessed to the
responsible person or responsible persons in addition to the reqi5tration fee.
11.49]00 Duty tn amend registrahonstatement.
Responsible persons for any registered vacant commercial space shall advise the building
official, inw/hnq. nf any changestothe information an the reqishahon form within thirty days nf
the occurrence of the change.
11.49]10 Inspections.
In addition to inspection hqhts pursuant to Yakima Municipal Code Section 11.40, the code
administration noanaqerand their designees. code enforcement oMicers, building inspectors, or
any combination thereof, are authorized to conduct inspections to enforce the provisions of this
chapter.
11.49]20 Enforcement.
a. Enforcement of the provisions of this chapter will be performed in accordance with
Chapter 11]0.
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b. No responsible person may violate or fail to comply with any provisions of this
chapter. Each responsible person commits a separate offense for each and even/
daYtheY commit, continue orpernoita violation of any provision nf this chapter.
c All responsible persons for a commercial space are ioint|Yand severally responsible
with respect to that commercial space for compliance with the provisions of this
chapter and or any payments that they may be required to make to the city under
this chapter. If the commercial space is subject to a |ease, the city shall have
discretion to determine whether to enforce this chapter aqairist a commercial space
owner, the tenant, or both of them, but the city shall consider in this determination
whether the lease provides that the compliance with this chapter is the responsibility
of the commercial space owner or the tenant.
11.49120 Annual report.
The code administration noanagerriU make a report once each year, if requested by the City
Cnunci|, an the status of the vacant commercial space registration proqrano. If no request is
made by the City Counci|, the code administration noanaqerniU draft summary report of the
prngrano for the City &1anagernn or before June JUm of every odd year onthe status of the
vacant commercial space reqistranonproqrano`
Seotion2. Severabi|ity. |f 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.
Seotion3. This ordinance shall bein full force and effect 3O days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSE[) BY' THE CITY COUNCIL, signed and approved this 17th day ofSeptember,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya C|aar Tee, City Clerk
Publication Date:
Effective Date:
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ORDINANCE NO. 2019-
AN ORDINANCE adding Yakima Municipal Code Chapter 11.49 Minimum Standards and
Maintenance of Vacant Commercial Space in the Central Business
District
WHEREAS, maintaining a clean and inviting downtown core is important for residents,
visitors and those looking to start or relocate a business to downtown Yakima; and
WHEREAS, there have been instances where businesses have closed and have not
been maintained, causing an eyesore downtown; and
WHEREAS, to enhance economic development downtown, including to increase
occupancy in businesses and provide a welcoming downtown, a higher standard of
maintenance should be required for downtown commercial businesses; and
WHEREAS, to make sure that the City is aware of vacant commercial buildings in the
Central Business District, and therefore can monitor the condition of those buildings the
ordinance proposes a vacant building registry to be operated by the City and funded by owners
of commercial buildings that are vacant; and
WHEREAS, the City Council of the City of Yakima finds it is in the best interest of the
City and its residents to enact the ordinance; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.49 entitled "Minimum Standards and Maintenance of Vacant
Commercial Space in the Central Business District" is added as a new Chapter to the Yakima
Municipal Code and reads as follows:
11.49 Minimum standards and maintenance of vacant commercial space in the central
business district.
11.49.010 Scope
11.49.020 Administration
11.49.025 Compliance with YMC 11.48
11.49.030 Definitions
11.49.040 General minimum maintenance requirements
11.49.050 Vacant commercial space registration
11.49.060 Window displays for commercial spaces not occupied for thirty days
11.49.070 Fees for vacant commercial space registration
11.49.080 Exemptions
11.49.090 Delinquent registration fees—Collection
11.49.100 Duty to amend registration statement
11.49.110 Inspections
11.49.120 Enforcement
11.49.130 Annual Report
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11.49.010 Scope.
The provisions of this chapter apply to all structures in the Central Business District, unless
otherwise stated. All responsible persons shall comply with the requirements of this chapter.
11.49.020 Administration
This chapter will be administered by the code administration manager or their designee, who
may adopt administrative rules and regulations consistent with its terms. The codes
administration manager (and their designee), code inspectors, or code compliance officers are
authorized to enforce this chapter.
11.49.025 Compliance with YMC 11.48
All buildings subject to this chapter shall also comply with the requirements of Yakima Municipal
Code section 11.48 as now exists or is hereafter amended.
11.29.030 Definitions
For purposes of this chapter:
"Central business district" means the central business district, or CBD, zone in the city of
Yakima as defined by the Yakima Urban Area Zoning Ordinance, Title 15 YMC.
"City" means the city of Yakima, its officers, employees and agents.
"Commercial space" means any portion of a structure in the central business district zone that is
not intended for residential use. Each distinct space in multi-unit building is considered a
separate commercial space for purposes of this chapter.
"Occupied" means a permitted nonresidential use physically located and lawfully operating in
the space for at least three consecutive months.
"Responsible person" means any person, firm, association, corporation or any agent thereof,
owning, leasing, renting or having lawful possession of a structure in the central business
district.
"Vacant commercial space" means any portion of a street-level commercial space that, on or
after January 1, 2020, is not occupied and has not been occupied during the preceding ninety
days.
11.49.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each commercial space they
own, lease, rent or lawfully possess:
a. Maintain all exterior surfaces, including, but not limited to doors, windows, door and
window frames, cornices, porches, trim, balconies, decks, and fences, in good
condition.
b. Protect exterior wood surfaces, other than decay-resistant woods, from the element
sand decay with paint or other protective covering or treatment. If protection of the
2
11
surface is compromised, restore adequate protection within fourteen calendar days
or other time period approved in advance by the code administration manager; for
example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
c. Cause all siding and masonry joints and joints between the building envelope and
the perimeter of windows, doors, and skylights to be weather-resistant and
watertight.
d. Coat all metal surfaces subject to rust or corrosion, except those designed to be
stabilized by oxidation, to inhibit rust or corrosion, after first stabilizing any existing
rust and corrosion. Remove oxidation stains from exterior surfaces.
e. Maintain all exterior walls free from dirt, grime, holes, breaks, graffiti, and loose or
decaying materials. Weatherproof and properly coat the surface of all exterior walls
when required to prevent deterioration.
f. Maintain the roof and flashing of all structures so that they are sound, tight, free of
defects, do not attract pests or create a public nuisance. Maintain adequate roof
drainage, maintain roof drains, gutters, and downspouts in good repair and free from
obstructions.
g. Broken windows or doors shall be replaced. No windows or doors may be boarded
up with plywood, wood, cardboard, or other material for more than five (5) business
days while the responsible person is waiting for the windows or doors to be replaced.
11.49.050 Vacant commercial space registration
a. At least one responsible person for each vacant commercial space must register
that space with the city within ten (10) calendar days of the date the space becomes
vacant, as that term is defined in Section 11.49.030.
b. A space will considered to be registered on the date the city receives, on a form
provided by the code administration manager and properly completed and signed by
a responsible person, the following information:
1. The street address and parcel number of the vacant commercial space;
2. The name, address, daytime and evening telephone numbers of each
responsible person for the vacant commercial space, including, but not limited to
the owner and tenant;
3. The period of time the vacant commercial space is expected to remain vacant;
and
4. Any other information requested by the code administration manager for the
administration of this chapter.
c. A responsible person must renew the registration for each vacant commercial space
on or before January 1st of each year that the space remains vacant. A responsible
person must submit the renewal application to the city on forms provided by the
code administration manager.
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d. Upon satisfactory proof to the code administration manager that the vacant
commercial space is occupied as defined in Section 11.49.030, the vacant
commercial space will be unregistered. Proof of physical occupation may include,
but is not limited to, usable furniture, office equipment, retail inventory or other
equipment and inventory in the space that are consistent with the unit's intended
use, and persons regularly present at and using the space for its intended use.
Proof of physical occupancy must also include documentation, which may include,
but is not limited to, a current executed lease agreement, paid utility receipts
reflecting payments for three consecutive months from the month the space is
occupied, or valid state and local business licenses, federal income tax or business
and occupation tax statements indicating the subject space is the official business
address of the person or business claiming occupancy.
e. The determination of the number of vacant commercial spaces a structure contains
will be at the reasonable discretion of the code administration manager, who may
take into account the number of unique spaces within a structure, the number of tax
assessor parcel numbers associated with the structure, or the previous use of the
structure.
11.49.060 Window displays for commercial spaces not occupied for thirty days.
When commercial space is unoccupied for more than thirty days, a responsible person must
take steps to avoid adverse impacts on the neighborhood and create an attractive streetscape
by applying at least one of the following measures to all ground floor windows that face
sidewalks, streets, or public open space:
a. Paint windows with visually appealing scenes depicting or suggesting business or
cultural activities;
b. Display works of art or provide other displays of cultural or educational value, using
background panels or other methods to screen views from the street of the
unoccupied space; or
c. Other measures consistent with these examples approved by the code
administration manager.
11.49.070 Fee for vacant commercial space registration.
a. At least one responsible person shall pay an annual registration fee of Five Hundred
Dollars ($500.00) for each vacant commercial space in the central business district
at the time the space is registered and on January 1st of each year that the space
remains vacant.
b. The fee is intended to defray the costs of administering this section, and may be
amended by the City Council to meet the costs.
11.49.080 Exemptions.
a. The fee required in section 11.49.070 shall not be required if the following conditions
are met:
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1. The space meets all applicable codes and regulations that apply to a permitted
nonresidential use, and the responsible person is actively attempting to sell,
lease, or rent the property (which is evidenced, in part, by appropriate signage at
the space visible to the public); and
2. The space complies with section 11.49.060; and
3. There are no nuisance activities on the property; and
4. The sidewalks are consistently cleaned and cleared of debris, snow, leaves and
garbage.
b. The fee required in section 11.49.070 shall not be required if the space is the subject
of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the
repair or rehabilitation is proceeding without significant delay.
c. The fee required in section 11.49.070 shall not be required if the space is located on
property which is the subject of a land use application for redevelopment for which
approval has been granted, but building permits have yet to be issued.
d. Even if the vacant commercial space is exempt from payment of the fee outlined in
section 11.49.070, the responsible person shall register the vacant commercial
space with the city pursuant to section 11.49.050.
11.49.090 Delinquent registration fees—collection.
If a responsible person fails to pay the registration fee by the due date, the city is authorized to
take action to collect the registration fee, including, but not limited to, enforcement as provided
by section 11.49.120, filing civil actions or turning the matter over to collection, in which case
costs incurred by the city as a result of the collection process will be assessed to the
responsible person or responsible persons in addition to the registration fee.
11.49.100 Duty to amend registration statement.
Responsible persons for any registered vacant commercial space shall advise the building
official, in writing, of any changes to the information on the registration form within thirty days of
the occurrence of the change.
11.49.110 Inspections.
In addition to inspection rights pursuant to Yakima Municipal Code Section 11.48, the code
administration manager and their designees, code enforcement officers, building inspectors, or
any combination thereof, are authorized to conduct inspections to enforce the provisions of this
chapter.
11.49.120 Enforcement.
a. Enforcement of the provisions of this chapter will be performed in accordance with
Chapter 11.10.
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b. No responsible person may violate or fail to comply with any provisions of this
chapter. Each responsible person commits a separate offense for each and every
day they commit, continue or permit a violation of any provision of this chapter.
c. All responsible persons for a commercial space are jointly and severally responsible
with respect to that commercial space for compliance with the provisions of this
chapter and or any payments that they may be required to make to the city under
this chapter. If the commercial space is subject to a lease, the city shall have
discretion to determine whether to enforce this chapter against a commercial space
owner, the tenant, or both of them, but the city shall consider in this determination
whether the lease provides that the compliance with this chapter is the responsibility
of the commercial space owner or the tenant.
11.49.120 Annual report.
The code administration manager will make a report once each year, if requested by the City
Council, on the status of the vacant commercial space registration program. If no request is
made by the City Council, the code administration manager will draft a summary report of the
program for the City Manager on or before June 30th of every odd year on the status of the
vacant commercial space registration program.
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. 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 September,
2019.
ATTEST: Kathy Coffey, Mayor
Sonya Clear Tee, City Clerk
Publication Date:
Effective Date:
6