HomeMy WebLinkAbout1214 OrdinanceORDINANCE NO. 1214
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,: AND REPEALING ORDINANCE NO. 1204.
THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS:
Section 1. Dangerous buildings defined. All buildings or structures which
have any or all of the following defects shall be deemed ''dangerous buildings'':
(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 (331o), or more, of damage or deterioration of the supporting members or
members, or fity per centum (50%) of damage or deterioration of the non -supporting
enclosing 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 unsafe
or insanitary, 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 insanitary, or
dangerous to the health, morals, safety or general welfare of the people of this
City.
Section 2. Standards for repair, vacation or demolition. The following
standards shall be followed in substance by the Building Inspector and the Building
Appeals Commission in ordering repair, vacation or demolition of said building:
(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 Director of Community Development or the Building 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 vacted by the Director of Community Development or the Building Appeals
Commission.
(c) If the "dangerous building" is fifty percent damaged or decayed or
deteriorated in value, it shall be demolished. 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 persons within a reasonable time.
Section 3. Nuisance declared. All "dangerous buildings" within the terms
of Section 1 are hereby declared to be public nuisances, and shall be repaired,
vacated or demolished as hereinbefore and hereinafter provided.
Section 4. Duties of Director of Community Development. The Director
of Community Development and/or his authorized representative shall:
(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 attention
by the Fire Chief or any one of his duly authorized representatives, the Police
Chief or any one of his duly authorized representatives, for the purpose of
determining whether any conditions exist which render such places a "dangerous
building" within the terms of Section 1.
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,(b). Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure is, or may be,
existing in violation of this chapter.
(c) Post in a conspicuous place on such property a copy of the ocomplaint
setting forth the information required under Section 5 of this chapter.
(d) Appear at all hearings conducted by the Building Appeals Commission and
testify as to the condition of the "dangerous buildings".
(e) Hold a hearing at the time and place specified in the complaint, in
which all parties in interest shall be given the right to file an answer to the
complaint, to appear in person or otherwise, and to give testimony, and if after
said hearing he shall determine that said structure is, in fact, a "dangerous
building", he shall reduce to writing his findings of fact in support of such
determination, and shall issue and cause to be served upon the owner or party
in interest, in the manner provided herein for the serving of the complaint, an
order which requires the owner or party in interest, within the time specified
in the order, to repair, alter or improve such dwelling, building or structure,
if such course of action is deemed proper, or require the owner or party in
interest, within the time specified in the order, to remove or demolish such
dwelling, building or structure, and if no appeal is filed in the manner herein-
after provided, he shall file a copy of such order with the Auditor of Franklin
County.
(f) The Director of Community Development and/or his authorized
representative shall be empowered to enter any building for the purposes of
making an inspection thereof, and any person who in any manner whatsoever shall
impede or interfere with the Director of Community Development and/or his
authorized representative or refuse him admittance to any building shall be
guilty of violating the terms and conditions hereof and shall be subject to the
penalties hereinafter provided.
Section 5. Complaint by Director of Community Development. The complaint
issued by the Director of Community Development must be in writing and shall
be sent either by registered mail or served personally upon all persons having
any interest in and to said property, as shown by the records of the Franklin
County Auditor, of any building or structure found by the Director to be a
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"dangerous building" within the standards set forth in Section 1, provided
that if the whereabouts of such persons are unknown and the same cannot be
ascertained by the Director in the exercise of reasonable diligence and the
Director shall make an affidavit to that effect, then said complaint shall be
served by publishing the same once each week for two consecutive weeks in a
newspaper published in the City of Pasco. Said complaint shall contain, among
other things, the following information:
(a) Name of owner or other persons interested, as provided hereinabove.
(b) Street address and legal description of the property on which said
building is located.
unsafe.
(c) General description of type of building, wall or structure deemed
(d) A complete, itemized statement or list of particulars which caused
the building, wall or structure to be a "dangerous building" as defined in
Section 1 hereinabove.
(e) Whether or not said building should be vacated by its occupants, and
the date of such vacation.
'(f) Whether or not the statement or list of particulars, as provided for
in paragraph -(d) above, can be removed or repaired.
(g) Whether or not the said building constitutes a fire menace.
(h) Whether or not it is unreasonable to repair the said building and
whether or not the said building should be demolished.
(i) A notice that a hearing shall be held before the Director of Community
Development at the City Hall, Pasco, Franklin County, Washington, Room No. ,
not less than ten days nor more than thirty days after the serving of such complaint,
or in the event of publication or posting, not less than fifteen days nor more than
thirty days from the date of the first publication and posting, and that all parties
in interest shall be given the right to file an answer to the complaint, to appear
in person or otherwise, and to give testimony at the time and place fixed in said
complaint.
.(j) That a copy of such complaint shall also be filed with the Auditor of
the County in which the dwelling, building or structure is located, which filing
shall have the same force and effect as other lis pendens notices provided by law.
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Section 6. Appeals Commission. There is hereby created and established
an appeals commission to be known and designated as the Building Appeals
Commission of the City of Pasco, sometimes called herein "the commission",
which shall consist of five members to be appointed by the Mayor with the
approval of the City Council. Such members shall be residents of the City of
Pasco and shall be selected from persons qualified by training and experience to
pass upon matters pertaining to housing, none of whom may be a public employee
nor paid public official. Each member shall hold office for a term of five years
or until his successor is appointed; provided, however, that those first appointed
shall be so appointed that their several terms shall expire: one each after one,
two, and three years; and two each after four and five years, respectively,
from the date of their appointment. In the event of the death, resignation or
removal of any member of said commission, the Mayor shall appoint his successor
to serve his unexpired term, which appointment shall be made in the same manner
heretofore provided. The members of said commission shall serve without
compensation. The City of Pasco shall provide such clerical help to the commission
as may be required. The commission shall select from among its members a
chairman and vice-chairman who shall serve for one year or until their successors
are selected. The commission shall adopt its own rules or procedures to fulfill
its functions under this code.
Section 7. Duties of Building Appeals Commission. The Building Appeals
Commission shall:
1. Upon receipt of a notice of appeal from any decision and order of the
Director of Community Development filed within thirty days from date of service
of said decision or order with the secretary, chairman, or vice-chairman of the
commission by the owner or party in interest of the building against which such
order is directed, conduct a hearing thereon as herein provided or, upon receipt
of a request in writing from the Director of Community Development to review his
decision, the commission shall entertain such request and conduct such hearing.
Z. Hold a hearing of such evidence as may be presented on behalf of any
department of the City of Pasco or the owner, occupant, mortgagee, lessee, or
any other person having an interest in said building as shown by the records of
the Franklin County Auditor.
3. Resolve all matters submitted within sixty days from the date of filing
therewith, including the making of findings of fact based upon the evidence presented
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under subsection two, and an order based upon such findings. In the event the
Building Appeals Commission fails to resolve all matters by entry of such
findings and order within sixty days, as above provided, then the order and
findings of the Director of Community Development shall be deemed affirmed
in full on the sixtieth day and the parties may appeal therefrom as provided by
law. Such order shall determine whether the building shall be repaired, vacated,
or demolished.
4. If the owner or party in interest fails to comply with the order
issued by either the Building Appeals Commission, or in the event no appeal is
filed with the order of the Director of Community Development, then and in that
event, either the commission or Director of Community Development, as the
case may be, may direct or cause such dwelling, building or structure to be
repaired, altered, improved;: vacated, closed, removed or demolished as the
facts may warrant under the standards herein, and the cost of such repair,
vacation or demolition shall be assessed against the real property upon which
such costs were incurred, unless such amount is previously paid. The City
Treasurer shall determine the amount of the assessment due and owing, and
shall certify the same to the County Treasurer, who shall enter the amount of
such assessment upon the tax rolls against the property, all in the manner
provided by law and particularly, Chapter 82 of the Laws of 1959.
5. Report to the City Attorney the names of all persons not complying
with the order.
Section 8. Duties of the City Attorney. The City Attorney shall
(a) Prosecute all persons failing to comply with the terms of the notices
provided for herein in Section 5 and the order provided for in Section 7,
subsection (d).
(b) Appear when requested to do so at hearings before the Building
Appeals Commission in regard to "dangerous buildings".
('c) Bring suit to collect costs incurred by the Commission in repairing
or causing to be vacated or demolished said "dangerous buildings".
(d) A complete, itemized statement or list of particulars which caused the
building, wall or structure to be a "dangerous building" as defined in Section 1 herein-
above.
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Section 9. Report of dangerous buildings - Contents. The Fire Chief
and Police Chief shall make a report in writing to the Director of Community
Development of all buildings or structures which are, may be or are suspected
to be dangerous buildings within the purview of this chapter. Such written
reports, among other things, shall contain the following information:
(a) Name of owner or other persons interested, as provided hereinabove.
(b) Street address and legal description of the property on which said
building is located.
unsafe.
(c) General description of.type of building, wall or structure deemed
(d) A complete itemized statement or list of particulars which caused the
building, wall or structure to be a "dangerous building" as defined in Section 1
hereinabove.
(e) Whether or not said building should be vacated by its occupants,
and the date of such vacation.
(f) Whether or not the statement or list of particulars, as provided
for in paragraph (d) above, can be removed or repaired.
(g) Whether or not the said building constitutes a fire menace.
(h) Whether or not it is unreasonable to repair the said building and
whether or not the said building should be demolished.
Section 10. Emergency cases. In cases where it reasonably appears
that there is immediate danger to the life or safety of any person unless a "dangerous
building" as defined herein is immediately repaired, vacated or demolished, the
Director of Community Development shall cause the immediate repair, vacation
or demolition of such "dangerous building. " The costs of such emergency
repair, vacation or demolition of such "dangerous building" shall be collected
in the same manner as provided in this chapter.
Section 11. Act not exclusive. Nothing in this chapter shall be construed
to abrogate or impair the power of the City of Pasco or any department thereof
to enforce any provision of its charter or its ordinances or regulations, nor to
prevent or punish violations thereof, and any powers conferred by this chapter
shall be in addition to and supplemental to powers conferred by other laws, nor
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shall this chapter be construed to impair or limit in any way the power of the
City of Pasco to define and declare nuisances and to cause their removal or
abatement by summary proceedings, or in any other manner provided by law.
Section 12. Administrative liability. No officer, agent or employee of
the City of Pasco shall render himself personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted in
the discharge of his duties under this chapter. Any suit brought against any
officer, agent or employee of the City of Pasco, as a result of any act required
or permitted in the discharge of his duties under this chapter, shall be defended
by the City Attorney until the final determination of the proceedings therein.
Section 13. Violations - Penalties. Every person violating any of the
provisions of this chapter shall be punishable by a fine not exceeding three
hundred dollars, 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 chapter.
Section 14. Ordinance No. 1204 is hereby repealed.
PASSED by the City Council and APPROVED as provided by law this
2nd day of November, 1965.
Atte st:
ity Clerk
Approved as to form:
City AttorXey
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MAY 0 R