HomeMy WebLinkAbout4305 OrdinanceORDINANCE NO._ff3
AN ORDINANCE of the City of Pasco, Washington
Adopting PMC Chapter 16.50 "Unsafe and Unfit Buildings,
Structures, and Premises"
WHEREAS, there are at times found to be unkept, deteriorated and/or abandoned
dwellings, structures, and premises with the city limits of the City of Pasco that are found to be
unfit for human habitation and other uses, causing urgent concerns for the detrimental effects
such properties may have on public health, safety and welfare; and
WHEREAS, these properties often constitute an immediate and emergent threat to public
health and safety; and
WHEREAS, RCW 35.80 provides for the abatement of dwellings which are unfit for
human habitation, and building structures and premises or portions thereof which are unfit for
other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
accidents, or other calamities, uncleanliness, inadequate light, or sanitary facilities, or other
conditions which are a hazard to the health and welfare of the residents of the City; and
WHEREAS, RCW 35.80 authorizes the City to adopt ordinances and procedures relating
to the abatement of property unfit for human habitation and other uses; and
WHEREAS, it is in the best interest of the City of Pasco to adopt the processes and
acquire the powers authorized by Chapter 35.80 RCW to address the conditions which may
render buildings and premises unfit for human habitation and other uses; NOW, THEREFORE„
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 16.50 of the Pasco Municipal Code entitled "Unsafe and
Unfit Buildings, Structures, and Premises" shall be and hereby is adopted and shall read as
follows:
Chapter 16.50
UNSAFE AND UNFIT BUILDINGS. STRUCTURES AND PEMISES
Sections:
16.50.010
Findings.
16.50.020
Nuisance Declared.
16.50.030
Definitions.
16.50.040
Enforcement Authority and Powers.
16.50.050
Procedure to Abate Unsafe or Unfit Structures or Premises.
16.50.060
Abatement Costs.
16.50.070
Right to Appeal.
Ordinance Creating PMC 16.50 - 1
16.50.080
Appeals.
16.50.090
Service Completed.
16.50.100
Supplemental Chapter.
16.50.110
Nuisances: Powers Reserved.
16.50.120
Additional Violations and Penalties.
16.50.130
Emergencies.
13.50.040
Discrimination Prohibited.
16.50.150
Warrants for Entry.
16.50.160
Adoption of RCW in its Entirety.
16.50.010 FINDINGS. It is found that there exist in the City of Pasco, dwellings,
and other buildings, structures, and premises which are unfit for human habitation and which are
unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the
hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other
conditions which are inimical to the health and welfare of the residents of the City. It is the intent
of this chapter to clarify and strengthen the procedures for abating such nuisances, particularly
unsafe or unfit dwellings, buildings, structures, or premises, modeled after the provisions of
Chapter 35.80 RCW.
16.50.020 NUISANCE DECLARED. All buildings or structures in the City which
by reason of decay, dilapidation, or damage by fire, the elements, or any other cause, are now or
hereafter shall become, in the judgment of the Code Enforcement Officer, dangerous to the lives
and safety of persons or property or unsafe for the purpose or purposes for which they are being
uses, unsafe or unfit structures and premises as defined in this chapter are declared to be public
nuisances.
16.50.030 DEFINITIONS. For purposes of this chapter, the following definitions
shall apply:
A) "Abate" means to repair, replace, remove, destroy, vacate, close, or otherwise
remedy a condition which constitutes a violation of this chapter by such means and in such a
manner and to such an extent as is required or permitted by this chapter, as determined by the
Code Enforcement Officer or other authorized official.
B) 'Building Code" means and includes the Building Code, its components, and
related codes adopted by the City of Pasco in Title 16 of the Pasco Municipal Code.
C) "City" means the City of Pasco.
D) "Code Enforcement Officer" means the Inspection Services Manager of the City
of Pasco or his or her designee.
E) "Premises" means and includes any structure, lot, parcel, real estate, or land, or
portion of land whether improved or unimproved, including adjacent sidewalks and parking
strips, and any lake, river, stream, drainage way, or wetland, within the territorial limits of the
City.
Ordinance Creating PMC 16.50 - 2
F) "Property," unless otherwise defined or modified, includes premises and/or
structures, as required by its context, and may include personal property if required by its
context.
G) "Stricture" means and includes any dwelling, house, shop, stable, building, or
other structure.
H) "Unsafe or unfit' includes, without limitation, any of the conditions described in
this subsection applicable to any dwelling, building, structure, or premises which renders it unfit
for human habitation or other use. The term "unsafe or unfit' requires the enumerated conditions
to be of such a degree as to be dangerous or injurious to the health and safety of the occupants of
such dwelling, structure, building, or premises, or the occupants of neighboring dwellings,
buildings, structures, or premises or other residents of the City:
1) Whenever any door, aisle, passageway, stairway, or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and adequate means
of exit in case of fire or panic.
2) Whenever the walking surface of any aisle, passageway, stairway, or other
means of exit is so warped, worn, loose, tom, or otherwise unsafe as to not provide safe
and adequate means of exit in case of fire or panic.
3) Whenever the stress in any materials, member, or portion thereof, due to
dead and live loads, is more than one and one-half times the working stress or stresses
allowed in the Building Code for new buildings of similar structure, purpose, or location.
4) Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood, or by any other cause, to such an extent that the structural strength of
stability thereof is materially less than it was before such catastrophe and is less than the
minimum requirements of the Building Code for new buildings of similar structure,
purpose, or location.
5) Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged, or to collapse and thereby injure persons or damage
property.
6) Whenever any portion of a building, or any member, appurtenance, or
ornamentation on the exterior thereof is not sufficient strength or stability, or is not so
anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of
one-half of that specified in the Building Code for new buildings of similar structure,
purpose, or location without exceeding the working stresses permitted in the Building
Code for such buildings.
7) Whenever any portion thereof has wracked, warped, buckled, or settled to
such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
Ordinance Creating PMC 16.50 - 3
8) Whenever the building or structure, or any portion thereof, because of (i)
dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement,
or instability of any portion of the ground necessary for the purpose of supporting such
building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other
cause, is likely to partially or completely collapse.
9) Whenever, for any reason, the building or structure, or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
10) Whenever the exterior walls or other vertical structural members list, lean,
or buckle to such an extent that a plumb line passing through the center of gravity does
not fall inside the middle one-third of the base.
11) Whenever the building or structure, exclusive of the foundations, shows
33% or more damage or deterioration of its supporting member or members, or 50%
damage or deterioration of its non -supporting members, enclosing or outside walls or
coverings.
12) Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated as to become (i) an
attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons;
or as to (iii) enable person to resort thereto for the purpose of committing unlawful or
immoral acts.
13) Whenever any building or structure has been constructed, exists, or is
maintained in violation of any specific requirement or prohibition applicable to such
building or structure provided by the building regulations of this jurisdiction, as specified
in the Building Code or Housing Code, or of any law or ordinance of this state or
jurisdiction relating to the condition, location, or structure of buildings.
14) Whenever any building or structure, which, whether or not erected in
accordance with all applicable laws and ordinances, has in any non -supporting part,
member, or portion less than 50% or in any supporting part, member, or portion less than
66% of the (i) strength, (ii) fire -resisting qualities or characteristics, or (iii) weather -
resisting qualities or characteristics required by law in the case of a newly constructed
building of like area, height, and occupancy in the same location.
15) Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is
determined by the health officer to be unsanitary, unfit for human habitation, or in such a
condition that is likely to cause sickness or disease.
16) Whenever a building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive
construction, faulty electric wiring, gas connections, or heating apparatus, or other cause,
is detennined by the Fire Chief to be a fire hazard.
Ordinance Creating PMC 16.50 - 4
17) Whenever any building or structure is in such a condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
18) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or
structure is abandoned for a period in excess of six months so as to constitute such
building or portion thereof an attractive nuisance or hazard to the public.
19) Whenever any building, structure, dwelling, or premises, or any portion
thereof, is vacated, is no secured against entry, and is subject to acts of unlawful burning.
The terms 'owner" and "person" shall have the same meanings as in the Building Code as
adopted by the City of Pasco.
16.50.040 ENFORCEMENT AUTHORITY AND POWERS.
A) The responsibility for administration and enforcement of this chapter, unless
otherwise provided, is vested in the Code Enforcement Officer as defined in this chapter.
B) The Code Enforcement Officer may exercise such lawful powers as may be
necessary or convenient to effectuate the purposes and provisions of this chapter. These powers
shall include the following in addition to others herein granted:
1) To determine, pursuant to standards prescribed by the Building Code,
which dwellings within the City are unfit for human habitation;
2) To determine, pursuant to standards prescribed by the Building Code,
which buildings, structures, or premises are unfit for other use;
3) To administer oaths and affirmations, examine witnesses and receive
evidence;
4) To investigate the dwelling or other property conditions in the City and to
enter upon premises to make examinations when the Code Enforcement Officer has
reasonable ground for believing they are unfit for human habitation, or for other use.
5) To enter upon private and public property for such purposes and other
purposes of this chapter subject to the provisions of Pasco Municipal Code Section
16.50.150 and in such a manner as to cause the least possible inconvenience to the
person(s) in possession, as determined by the Code Enforcement Officer.
16.50.050 PROCEDURE TO ABATE UNSAFE OR UNFIT STRUCTURES OR
PREMISES.
A) Complaint. If, after a preliminary investigation, the Code Enforcement Officer
finds that any structure or premises is unsafe or unfit, he or she shall cause a written complaint to
Ordinance Creating PMC 16.50 - 5
be served either personally or by certified mail with return receipt requested, upon all persons
having any interest therein, as shown upon the records of the Franklin County Auditor's office,
and shall post the complaint in a conspicuous place on such property. The complaint shall state
in what respects such structure or premises is unsafe or unfit as defined in this chapter and may
include notice of additional penalties or remedies available to the City under other provisions of
the Pasco Municipal Code. If the whereabouts of any of such persons is unknown and cannot be
ascertained by the Code Enforcement Officer in the exercise of reasonable diligence, and the
Code Enforcement Officer makes and files with the City Clerk an affidavit to that effect, then the
serving of the complaint upon such persons may be made either by personal service or by
mailing a copy by certified mail, postage prepaid, return receipt requested, to each such person at
the address of the premises involved in the proceedings, and mailing a copy of the complaint by
first class mail to any address of each such person in the records of the County Assessor or
County Auditor of Franklin County. The complaint shall contain a notice that a hearing will be
held before the Code Enforcement Officer, at a place specified in the complaint, not less than ten
days nor more than thirty days after the serving of said complaint, and that all parties in interest
have the right to file an answer to the complaint, to appear in person, or otherwise, and to give
testimony at the time and place in the complaint. The rules of evidence prevailing in courts of
law or equity shall not be controlling hearings before the Code Enforcement Officer. A copy of
the complaint shall be filed also with the Franklin County Auditor, and the filing of the
complaint or order shall have the same force and effect as other lis pendens notices provided by
law. The complaint shall be substantially in the following form:
BEFORE THE CITY OF PASCO
BUILDING OFFICIAL
In Re: The premises at ) No.
COMPLAINT
(address)
TO: The Owners and Occupiers of the premises located at:
(list names, address and whether owner of occupier)
THIS IS TO NOTIFY YOU that the premises or structure which you own or occupy is
unsafe or unfit for the following reasons:
(list facts and applicable PMC Code Section)
A hearing shall be held at (state date, time, and place of hearing) to determine whether
there is sufficient legal cause to order you to take the following action: (list actions requested:
e.g., repair, secure against entry, demolition, etc.). You may file a written answer to this
Complaint with the Code Enforcement Officer by mailing or delivering it to his or her address
listed below. You may also appear at the hearing with or without an attorney. Failure to answer
and/or come to the hearing may result in you being required to take the action described in the
previous paragraph or, failing that, paying for the City of Pasco to take that action.
Ordinance Creating PMC 16.50 - 6
DATED this day of 20
, Code Enforcement Officer
City of Pasco
525 North 3rd, Pasco WA 99301
(509)545-3441
(509) 545-3499 - Facsimile
Personal service upon an owner or other parry in interest under this chapter may be made
by delivering a copy of the complaint or order to that person or by leaving the copy with a person
of suitable age and discretion at the place of residence of the owner or other party in interest. The
Code Enforcement Officer shall make and retain written proof of service of the complaint
B) Determination - Reference to Building Code. As provided in RCW 35.80.030, the
Code Enforcement Officer may determine that a structure or premises is unsafe or unfit if he or
she finds that one or more defects or conditions exist that are described in Pasco Municipal Code
Section 16.50.030(H), according to minimum standards that are prescribed by the currently
adopted version of the Building Code:
I) For determining the fitness or safety of a dwelling for human habitation,
or any building, structure, or premises for other use;
2) For the use and occupancy of dwellings throughout the City; or
3) For the use and occupancy of any building, structure, or premises used for
any other purpose.
C) General Standards. In general, the determination of whether a structure or
premises should be repaired or demolished, shall be based on the following standards:
1) The degree of structural deterioration of the structure or premises, or
2) The relationship that the estimated cost of repair bears to the value of the
structure as determined by a qualified real estate appraiser engaged by the City for that
purpose.
An undertaking entered into, at, or prior to the hearing, by a party in interest creates a
presumption that the structure or premises can be reasonably repaired. The failure to accomplish
such an undertaking is grounds for the Code Enforcement Officer to order demolition.
D) Specific Standards for Determining Safety or Fitness -Demolition or Other
Remedies.
1) In reaching a judgment that a structure or premises is unsafe or unfit for
human habitation, the Code Enforcement Officer shall consider: a) dilapidation, (b)
disrepair, (c) structural defects, (d) defects increasing the hazards of fire, accidents, or
Ordinance Creating PMC 16.50 - 7
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) uncleanliness, (g) inadequate
light, (h) inadequate sanitary facilities, (i) inadequate drainage, 0) substandard
conditions.
2) If these or other conditions are found to exist to an extent dangerous or
injurious to the health or safety of the structure's occupants, or the occupants of
neighboring structures or of other residents of the City of Pasco, and if (a) structural
deterioration is of such degree that (i) vertical members list, lean, or buckle to the extent
that a plumb line passing through the center of gravity falls outside the middle third of its
base, or (ii) thirty-three percent (33%) of the supporting members show damage or
deterioration, or (b) the estimated cost of restoration exceeds sixty percent (60%) of the
value of the structure, or (c) the structure has been damaged by fire or other calamity, the
estimated cost of restoration exceeds thirty percent (30%) of the value of the structure
and it has remained vacant for six months or more, the Code Enforcement Officer shall
order the structure or premises demolished and the land suitably filled and cleared, or
shall order the structure or premises demolished and the land suitably filled and cleared,
or shall order the property immediately vacated and secured as completely as possible
pending demolition. "Value" as used in this paragraph, shall be determined by reference
to a current edition of 'Building Valuation Data" published by the International Code
Council or, if not published, as determined by the Code Enforcement Officer.
E) Alternative Action. If by reason of any of the above conditions, a structure is
unfit, but no public necessity is found for its immediate demolition, the Code Enforcement
Officer may take other action, such as causing the property to be cleaned, cleared, vacated,
secured, or otherwise repaired, which will promote the public health, safety, or general welfare.
F) Findings and Order. If, after the required hearing, the Code Enforcement Officer
determines that the dwelling or other structure or premises is unsafe or unfit for human
habitation or that the structure or premises is unfit for other use, he or she shall make written
findings of fact in support of that determination, and shall issue and cause to be served upon each
owner and party in interest thereof, as provided in Subsection (1) of this section, and shall post in
a conspicuous place on the property, an order which (i) requires the owner or party in interest,
within the time specified in the order, to repair, alter, or improve such dwelling, structure, or
premises to render it fit for human habitation, or for other appropriate use, or to vacate and close
the dwelling, structure, or premises, if that course of action is deemed lawful and reasonable on
the basis of the standards set forth as required in Subsections (3) and (4) of this section; or (ii)
requires the owner or party in interest, within the time specified in the order, to remove or
demolish the dwelling, structure, or premises, if that course of action is deemed lawful and
reasonable on the basis of those standards. An order may require the owner to take effective
steps to board up or otherwise bar access to the structure or premises, if deemed necessary for
public safety, pending further abatement action. The order may be in substantially the same form
which appears below and may include notice of additional penalties or remedies available to the
City under other provisions of this code.
Ordinance Creating PMC 16.50 - 8
BEFORE THE CITY OF PASCO
BUILDING OFFICIAL
In Re: The premises at ) No.
ORDER OF ABATEMENT
(address)
ON THE day of 20 , at a.m./p.m., at (list place,
address), a hearing was held before the City of Pasco Building Official pursuant to notice given
by him/her through a Complaint issued on , 20 (If
applicable list who appeared and short summary of testimony). The Building Official after
hearing made the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
(List out)
CONCLUSIONS OF LAW
(List out)
WHEREON, the Building Official issued the following Order:
N •1
DATED this day of 20
, Building Official
City of Pasco
525 North 3rd, Pasco WA 99301
(509) 545-3441
(509) 545-3499 - Facsimile
If no appeal is filed as provided in this chapter, a copy of the order shall be filed with the
Franklin County Auditor, and shall be a final order.
The Code Enforcement Officer shall make and retain a record of service, substantially in
the form prescribed in PMC 16.50.050(A), which such modifications as may be appropriate.
Ordinance Creating PMC 16.50 - 9
G) Abatement by City. If the owner, following exhaustion of his or her rights of
appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove or
demolish the dwelling, structure, or premises, or to take other required action, the Code
Enforcement Officer may direct or cause such dwelling, structure, or premises to be repaired,
altered, improved, vacated, and closed, removed, or demolished, and to take such further steps as
may be reasonable and necessary to prevent access to the structure or premises, for public health
or safety reasons, pending abatement. The Code Enforcement Officer, with the assistance of the
City Attorney, may apply to the Superior Court for any legal or equitable remedy to enforce his
or her order.
16.50.060 ABATEMENT COSTS. The cost of the abatement of such nuisance may
be paid out of the treasury of the City and charged to the owner of the property subject to
abatement. Such cost shall be levied as a special assessment against the real property subject to
abatement and the same shall be collected in the manner provided for collection of local
improvement assessments. The amount of the cost of such repairs, alternations, or
improvements; or vacating and closing; or removal or demolition by the Code Enforcement
Officer, shall be assessed against the real property upon which such cost was incurred unless
such amount has been paid previously, and such cost shall be certified by the City Treasurer to
the County Treasurer as an amount due and owing to the City, pursuant to RCW 35.80.030 fir', to
be entered by the County Treasurer as an assessment upon the tax rolls against the property for
the current year and to 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 is provided in RCW 84.56.020 dFas
now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit
of the City's general fund. If the dwelling or other structure or premises is removed or
demolished by the Code Enforcement Officer, the officer shall, if possible, sell the materials of
the dwelling, structure, or premises, in the usual manner prescribed by city ordinance for selling
surplus property. If there is no other established procedure, the Code Enforcement Officer shall
sell the materials as public auction pursuant to notice published in the City's official newspaper
or at least ten days prior to the auction. The proceeds of the sale shall be credited against the cost
of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties
entitled thereto, as determined by the Code Enforcement Officer, after deducting costs incident
to the sale.
As provided in RCW 35.80.030, the assessment shall constitute a lien against the
property which shall be of equal rank with state, county, and municipal taxes.
Whenever a building or premises if found to be unsafe or unfit and the cost of demolition
or other abatement must be incurred by the City, there shall be charged against the property the
costs of all administrative proceedings before the Code Enforcement Officer and the Code
Enforcement Board including, but not limited to, salaries, wages, benefits, material, equipment
rental, and other expenses incurred for inspecting, conducting hearings, or otherwise determining
the status of the property.
The Code Enforcement Officer or Code Enforcement Board may modify the time or
methods of payment of such expenses as the condition of the property and the circumstances of
the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to
an appropriate written finding by the Code Enforcement Board.
Ordinance Creating PMC 16.50 - 10
16.50.070 RIGHT TO APPEAL. The owner or any party in interest, within thirty
(30) days from the date of service upon him or her and the posting of an order issued by the Code
Enforcement Officer under the provisions of PMC 16.50.060 of this chapter, may appeal by
filing a written notice of appeal, together with the applicable fee, with the Code Enforcement
Board or his or her designee. The appeal need not be in a particular form, but must clearly state
that the person identified in the notice of appeal is the person to whom an order of abatement was
given, the date of the order and notice of the appeal, and the reason or reasons why the person
believes the notice to be in error.
16.50.080 APPEALS.
A) The Code Enforcement Board shall have jurisdiction to hear appeals of orders of
abatement.
1) The Code Enforcement Board or his or her designee shall arrange a
reasonable time and place for hearing the appeal within not less than ten (10) nor more
than twenty (20) days after the appeal has been filed, and notify the person who is
appealing (the "appellant") regarding the designated time and place. The hearing shall be
scheduled so as to allow ten (10) or more days notice to the appellant and all interested
parties and to permit final decision by the Code Enforcement Board within sixty (60)
days after the filing of the appeal. The filing of the notice of appeal shall stay the order of
the Code Enforcement Officer, except insofar as temporary measures of an emergent
nature are required, such as securing the building to minimize any imminent danger to the
public health or safety.
2) The matter must be concluded by the Code Enforcement Board within
sixty (60) days after the date the appeal has been filed unless continued for a specified
time with the consent of the appellant as provided in this section.
3) The Code Enforcement Board shall conduct a full and fair review of the
record of the proceedings before the Code Enforcement Officer, and the action taken. The
hearing shall be on the record and not de novo. Normally the Code Enforcement Board
will not accept new evidence or evidence not made available to the Code Enforcement
Officer in the absence of good cause. However, the Code Enforcement Board may allow
presentation of new evidence at his/her discretion and may continue the matter for that
purpose in the interest of conducting a full and fair hearing, if it will not cause the hearing
to extend beyond the required sixty-day period. With the consent of the appealing party, a
continuance may extend the hearing for a specified number of days beyond that period
for further evidence or deliberation. If the Code Enforcement Board fails to reach a
decision within the required time, or the time extended with the appellant's consent, the
Code Enforcement Officer's order and findings shall be deemed to be those of the Code
Enforcement Board, and shall be deemed final and subject to review by the Superior
Court.
4) The Code Enforcement Board may affirm, modify, reverse, or return with
directions, the action or decision appealed in the event he or she finds an error of law or
the record is not supported by substantiated evidence.
Ordinance Creating PMC 16.50 - 11
5) At the conclusion of the hearing the Code Enforcement Board shall issue a
written decision describing the decision or action appealed, making written findings of
fact and stating the reasons for his or her decision, and making an appropriate order or
orders, notify the appellant in writing of his or her action, and file the decision, findings,
and orders with the Franklin County Auditor. A transcript of the Code Enforcement
Board's decision, findings, and orders shall be made available to the appellant, on
demand.
6) The Code Enforcement Board may promulgate additional written rules of
procedure for the conduct of proceedings, to ensure a prompt and thorough review of
appeals.
7) The decision, findings, and orders of the Code Enforcement Board shall be
reported in the same manner and shall bear the same legal consequences as if issued by
the Code Enforcement Officer, and shall be subject to further review only in the maturer
and to the extent provided in Subsection B of this section. If it is not timely and correctly
appealed under Subsection B of this section, the Code Enforcement Board's decision is
final.
B) Any person affected by an order issued by the Code Enforcement Board pursuant
to this section may, within thirty (30) days after the posting and service of the order, petition the
Superior Court for an injunction or other appropriate order restraining the Code Enforcement
Officer from carrying out the provisions of the order. As provided by RCW 35.80.030 dp, in all
such proceedings the court may affirm, reverse, or modify the order and the trial shall be de
novo.
C) The order of the Code Enforcement Officer or the Code Enforcement Board may
prescribe rimes within which demolition or other abatement shall be commenced or completed. If
the action is not commenced or completed within the prescribed time, or if no time is prescribed
within the time limit for appealing, the Code Enforcement Officer may commence the required
abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory
progress has been made and sufficient evidence is presented that the work will be completed
within a reasonable time, the Code Enforcement Officer or the Code Enforcement Board may
extend the time for completion of the work, subject to immediate summary revocation at any
time without further hearing if satisfactory progress is not being made.
D) If the owner is unable to comply with the Code Enforcement Officer's or the
Code Enforcement Board's order within the time required, and the time for appeals to the Code
Enforcement Board or petition to the court has passed, the owner may, for good and sufficient
cause beyond his or her control, request an extension of time in writing supported by affidavit.
The Code Enforcement Officer or Code Enforcement Board may grant a reasonable extension of
time after finding that the delay was beyond the control of the owner. There shall be no appeal or
petition from the denial of an extension of time.
Ordinance Creating PMC 16.50 - 12
5) Any work including demolition, construction, repairs, or alterations required
under this chapter shall be subject to permitting requirements pursuant to the Pasco Municipal
Code.
16.50.090 SERVICE COMPLETED. Service of filing by mail of any complaint,
notice, order, notice of appeal, or other paper under this chapter shall be deemed complete at the
end of the third full day following its deposit in the U.S. Mail, correctly addressed, with postage
prepaid.
16.50.100 SUPPLEMENTAL CHAPTER. 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 ordinances or regulations or to prevent or punish violations of such ordinances
or regulations; and the powers conferred by this chapter shall be in addition and supplemental to
the powers conferred by any other statute or ordinance.
16.50.110 NUISANCES: POWERS RESERVED. Nothing in this chapter shall be
construed to impair or limit in any way the City's power to define and declare nuisances and to
cause their removal or abatement by summary proceedings or otherwise.
16.50.120 ADDITIONAL VIOLATIONS AND PENALTIES.
A) It shall be unlawful and a violation of this chapter to knowingly:
1) To occupy or to allow to be occupied any building or premises ordered
vacated;
2) Failure to comply with any order issued pursuant to this chapter;
3) To obstruct, hinder, or provide false information to any officer or agent of
the City of Pasco or other authorized governmental unit or agency in enforcement of this
chapter.
A violation of this section is a misdemeanor and may be punished by a fine not to exceed
One Thousand Dollars 1,000) and/or jail confinement of nor more than ninety (90) days. Each
day of violation shall constitute a separate offense. In the event of continuing violation or failure
to comply, the second and subsequent days shall constitute a gross misdemeanor, punishable by a
fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment for not more than three
hundred and sixty-five (365) days or both such fine and imprisonment.
B) As a separate and alternate monetary penalty to the criminal penalty above, there
is hereby imposed a civil penalty for failure to comply with an order of abatement within the
time specified on such order, including but not limited to the following offenses:
1) To occupy or to allow to be occupied any building or premises ordered
vacated;
2) Failure to comply with any order issued pursuant to this chapter;
Ordinance Creating PMC 16.50 - 13
3) To obstruct, hinder, or provide false information to any officer or agent of
the City of Pasco or other authorized governmental unit or agency in enforcement of this
chapter.
Each day of violation shall constitute a separate offense. The daily maximum penalty for
failure to comply with an order of abatement on a first-time violation shall not exceed Five
Hundred Dollars ($500), and shall not exceed a cumulative of Five Thousand Dollars ($5,000)
over the course of ten (10) days. Monetary penalties for repeat violations may exceed these
limits.
16.50.130 EMERGENCIES. The provisions of this chapter shall not prevent the
Code Enforcement Officer or any other officer or agency of the City of Pasco 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.
16.50.140 DISCRIMINATION PROHIBITED. All proceedings under this chapter
shall be subject to the anti -discrimination provisions of RCW 35.80.040.
16.50.150 WARRANTS FOR ENTRY.
A) Whenever it is necessary to enter upon private property or the public property of
another governmental agency to carry out the lawful directions of this chapter, the City may
apply to a court of competent jurisdiction for a warrant authorizing the entry upon such property
cant' out the same, if permission to enter has been refused by the owner or person in possession,
or if the owner cannot be found or reasonably ascertained.
B) The application for a warrant shall be supported by an affidavit or the testimony
of the officer intending to enter upon the property stating his office, purpose, and authority to so
enter, the owner's or person in possession refusal to permit such entry or the owner's
unavailability, the work, action, or other activity to be conducted upon the property and by whom
and approximate time the activity will be conducted.
C) If the court finds just cause for the issuance of the warrant, it shall subscribe the
same with a return date of not more than ten (10) days following completion of the action or
activity to be conducted upon the property.
D) Nothing in this section is intended to limit, restrict, or otherwise affect the right of
officers or agents of any governmental entity to enter upon private or public property for any
lawful purpose.
16.50.160 ADOPTION OF RCW IN ITS ENTIRETY. The City of Pasco adopts the
entirety of RCW 35.80, including both provisions listed above in this chapter and provisions
listed in RCW 35.80 that are not included expressly in this chapter.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
Ordinance Creating PMC 16.50 - 14
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2016.
Matt Watkins, Mayor
TE T: or
ebra L. Clark, City Clerk
Ordinance Creating PMC 16.50 - 15
AP ED AS TO FORM:
Leland B. Kerr, City Attorney