Chapter 18.24
DANGEROUS BUILDINGS
Sections:
18.24.040 Section 201b amended – Inspections.
18.24.050 Section 205 amended – Board of appeals.
18.24.060 Section 402 amended – Recordation of notice and order.
18.24.070 Section 404.3 added – Abatement of nuisance in emergency.
18.24.080 Section 501 amended – Form of appeal.
18.24.090 Section 802.1 amended – General.
18.24.100 Section 905 deleted and replaced – Personal obligation and special assessment.
18.24.120 Section 908 amended – Lien of assessment.
18.24.010 Adoption.
The bound volumes containing the code known as the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, of the International Conference of Building Officials, and every part thereof, together with the local amendments as set forth in this chapter, shall constitute the laws of the borough relating to the abatement of dangerous buildings. Copies of the Uniform Code for the Abatement of Dangerous Buildings may be examined at the borough offices. [Ord. 687 § 4, 2000.]
18.24.015 Local amendments to the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition.
The amendments to the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings are listed hereafter by section. The Uniform Code for the Abatement of Dangerous Buildings is also amended by the definitions contained in WMC 18.24.030. [Ord. 687 § 4, 2000.]
18.24.020 Modifications.
The building official shall have the power to modify any of the provisions of the Uniform Code for the Abatement of Dangerous Buildings adopted by this chapter upon application in writing by the owner or lessee or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code is observed, public safety secured, and substantial justice done. The particulars of the modification, when granted or allowed, and the decision of the building official thereon shall be entered upon the records of the department, and a signed copy shall be furnished to the applicant. [Ord. 687 § 4, 2000.]
18.24.025 Appeals.
Whenever the building official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decisions of the building official to the borough manager within 30 days from the date of the decision. [Ord. 833 § 45, 2009; Ord. 687 § 4, 2000.]
18.24.030 Definitions.
“Board of appeals” as used in the code means “borough assembly.” “Director of public works” as used in the code means “superintendent of public works.” “Fire marshal” as used in the code means “chief of the borough fire department.” “Misdemeanor” as used in the code means “violation.” [Ord. 687 § 4, 2000.]
18.24.040 Section 201b amended – Inspections.
Section 201b of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting “health officer, the.” [Ord. 687 § 4, 2000. Formerly § 18.24.201b.]
18.24.050 Section 205 amended – Board of appeals.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
The Board of Appeals shall provide the final interpretation of the provisions of this code and hear appeals provided for hereunder. The board shall render all decisions and findings in writing to the appellant, with a copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public.
[Ord. 687 § 4, 2000. Formerly § 18.24.205.]
18.24.060 Section 402 amended – Recordation of notice and order.
Section 402 of the Uniform Code for the Abatement of Dangerous Buildings is amended by changing the term “county recorder” as appears twice in this section to “Ketchikan District Recorder’s Office.” [Ord. 687 § 4, 2000. Formerly § 18.24.402.]
18.24.070 Section 404.3 added – Abatement of nuisance in emergency.
Section 404.3 is added to the Uniform Code for the Abatement of Dangerous Buildings to read as follows:
(.3) The Borough Manager upon the written recommendation of the building official, may abate any public nuisance summarily without notice in an emergency where the life or safety of the public is endangered and where immediate action is necessary and timely notice cannot be given. All other abatement proceedings, except the necessity and the manner and method of giving notice, shall apply to the nuisance summarily abated, including the recovery of the costs of the summary abatement.
[Ord. 687 § 4, 2000. Formerly § 18.24.404.3.]
18.24.080 Section 501 amended – Form of appeal.
Section 501 of the Uniform Code for the Abatement of Dangerous Buildings is amended by adding new paragraph 8 as follows:
8. The appellant shall pay a nonrefundable filing fee of $50 to the Borough for processing the appeal, and the filing fee shall be deposited with the building official.
[Ord. 687 § 4, 2000. Formerly § 18.24.501.]
18.24.090 Section 802.1 amended – General.
Section 802.1 of the Uniform Code for the Abatement of Dangerous Buildings is amended by changing the word “shall” as appears twice in this subsection to “may.” [Ord. 687 § 4, 2000. Formerly § 18.24.802.1.]
18.24.100 Section 905 deleted and replaced – Personal obligation and special assessment.
Section 905 of the Uniform Code for the Abatement of Dangerous Buildings is deleted and replaced to read as follows:
(a) The responsibility for payment of the charges for abatements as set forth in this chapter shall rest upon the owners of the property upon which the abatement occurred, to include the owners at the time of occurrence of the condition rendering the property subject to these abatement proceedings and the owners at the time of the actual abatement proceedings.
(b) The borough shall have the right to bring suit for the collection of charges for abatement as set forth in this chapter plus costs and attorney’s fees against all the parties responsible for payment, jointly and severally.
(c) In addition, the borough shall have the right to impose an assessment against the property for the repayment of the abatement charges. If the borough proceeds with an assessment, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment and a lien upon the property.
(d) The lien created herein may be enforced as provided in AS 34.35.005 – .045. The enforcement of the lien is a cumulative remedy and does not bar the collection of the charges for abatement as provided in subsection (b) above.
[Ord. 687 § 4, 2000. Formerly § 18.24.905.]
18.24.110 Section 907 repealed and replaced – Authority for installment payment of assessments with interest.
Section 907 of the Uniform Code for the Abatement of Dangerous Buildings is deleted and substituted with the following:
Payment Schedule – Delinquency, Interest. These matters shall be controlled by WMC 5.16.170.
[Ord. 687 § 4, 2000. Formerly § 18.24.907.]
18.24.120 Section 908 amended – Lien of assessment.
Section 908 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting subsections (.1) and (.2) and substituting the following:
Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed and to state, borough and borough property taxes upon the same property. The lien shall be paramount to all other liens. The lien shall continue until the assessment and all interest due and payable thereon are paid.
[Ord. 687 § 4, 2000. Formerly § 18.24.908.]