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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. -2- ,(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 -3- "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. -4- 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 -5- s 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. WE J 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 -7- 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 so i MAY 0 R