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ORDINANCE NO. 1264 -
AN ORDINANCE ENACTED PURSUANT TO CHAPTER 82 OF THE 1959 LAWS
OF THE STATE OF WASHINGTON RELATING TO DANGEROUS BUILDINGS:
DEFINING TERMS; PROVIDING FOR THE REPAIR, CLOSING AND DEMOLITION
OF BUILDINGS UNFIT FOR HUMAN HABITATION, AND BUILDINGS AND
STRUCTURES UNFIT FOR USE; PRESCRIBING MINIMUM STANDARDS FOR
THE USE AND OCCUPANCY OF DWELLINGS, BUILDINGS AND STRUCTURES
WITHIN THE CITY OF PASCO; PROVIDING FOR THE ADMINISTRATION AND
ENFORCEMENT THEREOF; AMENDING CONFLICTING PROVISIONS OF THE
UNIFORM HOUSING CODE AND UNIFORM BUILDING CODE.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. All buildings or structures which have any or all of the
following defects shall be deemed "dangerous buildings", to -wit:
(a) Those whose interior walls or other vertical structural members
list, lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside the middle third of its base.
(b) Those which, exclusive of the foundation, show thirty three per centum
(3316), or more, of damage or deterioration of the supporting member or members,
or fifty per centum (501o) of damage or deterioration of the non- supporting en-
closing or outside walls or covering.
(c) Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
(d) Those which have become damaged by fire, wind or other causes so
as to have become dangerous to life, safety, morals or the general health and
welfare of the occupants or the people of the City of Pasco.
(e) Those which have become or are so dilapidated or decayed or un-
safe or unsanitary, or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are likely to cause
sickness or disease, so as to work injury to the health, morals, safety or
general welfare of those living therein.
(f) Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human beings who
live or may live therein.
(g) Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes or other
means of communication.
(h) Those which have parts thereof which are so attached that they
may fall and injure members of the public or property.
(i) Those_which because of their condition are unsafe or unsanitary, or
dangerous to the health, morals, safety or general welfare of the people of
this city.
Section 2. The City Building Inspector of the City of Pasco shall be
charged with the responsibility for the administration and enforcement of this
ordinance, and he as well as the Appeals Commission hereinafter established
shall have and exercise, in addition to those powers herein enumerated, such
other powers as may be necessary or convenient to carry out and effectuate .
the purposes and provisions of this ordinance.
(a) Inspect or cause to be inspected all buildings including, but not
necessarily limited to, schools, halls, churches, theaters, hotels, all family,
commercial, manufacturing or loft buildings which may be brought to his at-
tention by the Fire Chief or any one of his duly authorized representatives or
the Police Chief or any one of his duly authorized representatives for the pur-
pose of determining whether any conditions exist which render such places
a "dangerous building" within the terms of Section 1 above.
(b) Inspect or cause to be inspected any building, wall or structure
about which complaints are made by any person to the effect that a building,
wall or structure is, or may be, existing in violation of this ordinance.
(c) After such inspection, if he finds any dwelling, building or structure
to be a "dangerous building", cause to be served either personally or by reg-
istered mail upon all persons having any interest therein, as shown by the rec-
ords of the Franklin County Auditor's office, and shall post in a conspicuous
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place on such property, a complaint stating in what respects such dwelling,
building or structure is a "dangerous building". If the whereabouts of such
persons are unknown and the same cannot be ascertained by the City Building
Inspector in .the exercise of reasonable diligence and the City Building Inspector
shall make an affidavit to that effect, then the serving of such complaint upon
such persons may be made by publishing the same once each week for two con-
secutive weeks in the Tri -City Herald, a newspaper of general circulation in
the City of Pasco. Such complaint shall contain a notice that a hearing will be
held before the City Building Inspector, at a place therein fixed, no less than
ten days nor more than thirty days after the serving of said complaint; that all
parties in interest shall be given the right to file an answer to the complaint,
and to appear in person, or otherwise, and to give testimony at the time and
place fixed in the complaint. The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the City Building In-
spector. A copy of such complaint shall also be filed with the Auditor of the
County in which the dwelling, building, or structure is located, and such filing
of the complaint shall have the same force and effect as other lis pendens notices
provided by law.
(d) Appear at all hearings conducted by the City Building Inspector and
the Appeals Commission hereinafter established and testify as to the condition
of such "dangerous buildings".
(e) The City Building Inspector and/or his authorized representative
shall be empowered to enter any building for the purpose of making an inspection
thereof, and any person who in any manner whatsoever shall impede or interfere
with the City Building Inspector and/or his authorized representatives or refuse
them admittance to any building shall be guilty of violating the terms and con-
ditions hereof and shall be subject to the penalties hereinafter provided.
Section 3. The City Building Inspector shall:
(a) Hold ah-eEring to adduce such testimony as may be presented by any
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department of the City of Pasco, or the owner, occupant, mortgagee, lessee
or any other person having an interest in such building or premises designated
a "dangerous building", as shown by the records of the Franklin County Auditor.
(b) Make written Findings of Fact from the testimony offered pursuant
to subsection (a) as to whether or not the building in question is a "dangerous
building" within the terms of Section 1 hereof.
(c) After a complete investigation of the "dangerous building", issue an
Order based upon said Findings of Fact commanding the occupant, mortgagee,
lessee, agent and all other persons having an interest in said building, as shown
by the records of the Franklin County Auditor to repair and/or vacate and/or
demolish such building found to be a "dangerous building" within the terms of
this ordinance.
(d) Send a copy of said Order and Findings of Fact via registered mail
to the owner, lessee, mortgagee, agent and all other persons having an interest
in the said building, as shown by the records of the Franklin County Auditor,
or any building found by the City Building Inspector to be a "dangerous building"
within the standards set forth in Section 1, and the said Order and Findings of
Fact shall cover the following information, to -wit:
(1) Name of the owner or other persons interested, as
provided hereinabove.
(2) Street address and legal description of the property
on which said building, wall or structure is located.
(3) General description of type of building, wall or structure
deemed unsafe.
(4) A complete, itemized statement or list of particulars
which caused the building, wall or structure to be a "dangerous build-
ing" as defined in Section 1 above.
(5) Whether or not the statement of list of particulars, as
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provided for in paragraph (4) above, can be removed or repaired.
(6) Whether or not said building should be vacated by
its occupants, and the date of such vacation.
menace.
(7) Whether or not the said building constitutes a fire
(8) Whether or not it is unreasonable to repair the said
building and whether or not the said building should be demolished.
(9) A statement of the reasonable time to commence to
vacate and/or make repairs and/or demolish the building, as pro-
vided in said order. A reasonable time shall not exceed thirty days
except in causes of an unusually large building. The time to commence
may be extended by the City Building Inspector or the Appeals Com-
mission for an additional period of sixty days, provided, however,
the extension is applied for by the owner, or other persons interested
in the property as hereinabove defined at least five days before the
expiration of the time to commence vacation, repair or demolition.
(10) A reasonable time to complete the vacation, repairs
or demolition as provided in said order, and said reasonable time for
completion shall not exceed sixty days, unless the time is extended by
resolution of the City Council of the City of Pasco.
(e) If the owner, mortgagee, lessee or other person having an interest
in said building fails to -comply with the order provided for in subsection (c)
hereof within thirty days or any reasonable time ordered by the City Building
Inspector, then the City Building Inspector shall cause such building or struc-
ture to be repaired, vacated or demolished as the facts may warrant under the
standards hereinbefore provided in Section 2, and the costs of such repair,
vacation or demolition shall be a lien charged against the land on which said
building or structure existed in favor of the City of Pasco, to be foreclosed in
the manner provided for in the foreclosure of mechanics' and materialmens'
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liens, or shall be recovered in a suit at law or equity against the owner; pro-
vided, however, that in cases where such procedure is desirable and any delay
thereby caused will not be dangerous to the health, morals, safety or general
welfare of the people of this City, the City Building Inspector may notify the
City Attorney to take legal action to force the owner to make all necessary
repairs, vacate or demolish the building or structure.
(f) If no appeal is filed as hereinafter provided, a copy of the Order and
Findings of Fact shall be filed with the Auditor of Franklin County.
Section 4. The following standards shall be followed in substance by
the City Building Inspector and Appeals Commission in ordering repair, vacation
or demolition of any "dangerous buildings", to -wit:
(a) If the "dangerous building" can reasonably be repaired so that it
will no longer exist in violation of the terms of this chapter, it shall be ordered
repaired by the City Building Inspector or the Appeals Commission.
(b) If the "dangerous building" is in such condition as to make it
dangerous to the health, morals, safety or general welfare of its occupants,
it shall be ordered to be vacated by the City Building Inspector or the Appeals
Commission.
(c) If the "dangerous building" is fifty per centum (50%) damaged or
decayed or deteriorated in value, it shall be demols_hed. Value as used herein
shall be the valuation placed upon the building for purposes of general taxation.
(d) If the "dangerous building" cannot be repaired so that it will no
longer exist in violation of the terms of this chapter, it shall be demolished.
(e) If the "dangerous building" is a fire hazard existing or erected in
violation of the terms of this chapter or any ordinance of this City or statute
of the State of Washington, it shall be demolished providing the said fire hazard
is not eliminated by the owner or other interested person within a reasonable time.
Section 5. There. is hereby created and established a body to be known
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as the Appeals Commission of the City of Pasco, which shall consist of three
members, residents of the City of Pasco, to be appointed by the Mayor with
the approval of the City Council, one of whom shall be elected by said members
to serve in the capacity of Chairman. Said members shall be appointed for a
term of three years, provided, however, that of the members first appointed,
one member shall be appointed for a term of one year, one member for a
term of two years and one member for a term of three years. Thereafter all
such appointments shall be for a term of three years.
In the event of the death, resignation or removal of any member of said
Appeals Commission, the Mayor shall appoint a successor to serve his un-
expired term, which appointment shall be made in the manner herein provided,
Any member of the Appeals Commission shall be eligible for reappointment
and all shall serve without compensation. The City of Pasco shall furnish to
said Appeals Commission such clerical help,as maybe required.
Section 6. The owner or any par. ,—of interest, within thirty days from
the date of service upon the owner and posing of an order issued by the City
Building Inspector under the provisions of Section 3 hereof, may file an appeal
in writing with the Appeals Commission setting forth with particularity the
alleged errors of the Order and Findings of Fact issued by the City Building
Inspector. Upon receipt of such written appeal the matter shall be promptly
set down for hearing before the Appeals Commission and all such appeals shall
be resolved by the Appeals Commission within sixty days from the date of
filing therewith. The Finding of Fact and Orders of the Appeals Commission
shall be reported in the same manner and shall bear the same legal conse-
quences as if issued by the City Building Inspector. A transcript of the Findings
of Fact and Orders of the Appeals Commission shall be made available to the
owner or the party in interest upon demand and shall be filed with the Auditor
of Franklin County.
If the owner or the party in interest, following exhaustion of his rights
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to appeal, fails to comply with the final order to repair, alter, improve,
vacate, close, remove or demolish the dwelling, building or structure, the
Appeals Commission may direct or cause such dwelling, building or structure
to be repaired, altered, improved, vacated, closed, removed or demolished
in the same manner as provided in Section 3 hereof.
Section 7. The provisions of the Uniform Housing Code and the Uniform
Building Code insofar as they are in conflict with the provisions of this ordinance
are hereby amended to conform hereto.
Section 8. Every person violating any provisions of this ordinance
shall be punrs.hable by a fine not exceeding $300. 00 or by imprisonment not
exceeding ninety days or by both such fine and imprisonment, and each day's
violation shall constitute a separate offense punishable under this ordinance.
Section 9. This Ordinance shall be in full force and effect five days
after its passage and publication as provided by law.
PASSED by the City Council and APPROVED as provided by law this
j day of August, 1965.
Atte s t:
Approved as to form:
City Attorne
IF -3I
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r
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MAYOR