Chapter 7.50
UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES
Sections:
7.50.010 Findings, purpose, and intent.
7.50.030 Authority and responsibility.
7.50.040 Conditions for declaring a dwelling, building, structure or premises unfit or unsafe.
7.50.050 Standards for repair, demolition, vacation, and/or closure.
7.50.080 Hearing before the director.
7.50.100 Compliance inspection.
7.50.110 Extension – Modification.
7.50.120 Enforcement of order.
7.50.150 Discrimination prohibited.
7.50.170 Nuisances – Powers reserved.
7.50.010 Findings, purpose, and intent.
A. The city council finds that:
1. Dwellings which are unfit for human habitation, and buildings, structures, and premises, or portions thereof, which are unfit for other uses, are substandard, dangerous, and harmful to the health and welfare of the residents and the general public within the city of Edgewood due to:
a. Dilapidation, disrepair, lack of property maintenance, or structural defects;
b. Unpermitted and substandard construction or modification;
c. Defects increasing the hazards of fire, accidents, or other calamities;
d. Inadequate ventilation and uncleanliness;
e. Filth and other nuisance conditions attracting insects or vermin or likely to spread disease;
f. Inadequate light, water or sanitary facilities;
g. Inadequate drainage;
h. Overcrowding or other similar conditions;
i. Violations of various building, health, and safety regulations; and/or
j. Being vacant, unsecured, and abandoned or apparently abandoned.
2. Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract criminal activity, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration and blight, and hamper community and economic development.
3. Such dwellings, buildings, structures, and premises constitute a nuisance that adversely affects the value, utility, and habitability of other properties within the city as a whole and specifically cause substantial damage to adjoining and nearby property. A nuisance property may substantially reduce the value of adjoining and nearby property and there are sufficient nuisance properties that the habitability and economic well-being of the city are materially and adversely affected.
B. The purpose of this chapter is to establish procedures for the city to intervene and correct, repair, or remove such unfit dwellings, buildings, structures, or premises and to pursue all legal means to recover the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses, when the responsible person in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner.
C. The intent of this chapter is to clarify and strengthen the procedures for abating unfit dwellings, buildings, structures, or premises. Pursuant to Chapter 35.80 RCW, this chapter does not abrogate or impair the powers of the courts or of the city to enforce any provisions of this code, or its ordinances or regulations, nor to prevent or punish violations thereof. The powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law.
D. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. (Ord. 23-658 § 5 (Exh. A)).
7.50.020 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 official, dangerous to the lives and safety of persons or property or unsafe or unfit for the purpose or purposes for which they are being used, unsafe or unfit structures and premises as defined in this chapter are declared to be public nuisances. (Ord. 23-658 § 5 (Exh. A)).
7.50.030 Authority and responsibility.
The administrator is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. These powers shall include the following in addition to others granted in this chapter:
A. To determine which dwellings are unfit for human habitation;
B. To determine which buildings, structures, or premises are unfit for other use;
C. To administer oaths and affirmations, examine witnesses, and receive evidence; and
D. To investigate the dwelling or other property conditions and to enter upon premises for the purpose of making examinations when the administrator has reasonable grounds for believing they are unfit for human habitation or for other use; provided, that such entries shall be made consistent with EMC 7.10.110. (Ord. 23-658 § 5 (Exh. A)).
7.50.040 Conditions for declaring a dwelling, building, structure or premises unfit or unsafe.
The code official may determine that a dwelling, building, structure or premises is unfit or unsafe for human habitation or other use. In reaching such a determination, the code official shall consider:
A. Dilapidation, disrepair, lack of property maintenance, or structural defects;
B. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;
C. Damage from fire, earthquake, wind, flood, or by any other cause;
D. Inadequate ventilation;
E. Uncleanliness, filth, and other nuisance conditions attracting insects, rodents, vermin or other pests likely to spread disease;
F. Inadequate light;
G. Inadequate sanitary facilities;
H. Inadequate drainage;
I. Lack of electric, natural gas, sanitary sewer, and/or water utilities;
J. Overcrowding or other similar conditions;
K. Whether the dwelling, building, structure, or premises contains one or more conditions described in the International Property Maintenance Code, as adopted in EMC Title 15;
L. Whether the dwelling, building, structure, or premises contains unsafe equipment; and/or
M. Whether the dwelling, building, structure, or premises meets one or more of the components of a dangerous dwelling, building, structure, or premises or a drug dwelling, building, structure, or premises. (Ord. 23-658 § 5 (Exh. A)).
7.50.050 Standards for repair, demolition, vacation, and/or closure.
A. Whenever the conditions in EMC 7.50.040 are found to exist to an extent dangerous or injurious to the health or safety of the structure’s occupants, potential occupants, or the occupants of neighboring structures or of other residents of the city of Edgewood or to the general public, the code official shall the declare the dwelling, building, structure, premises or portion thereof unfit for human habitation or other use, and issue a preliminary order pursuant to EMC 7.50.060 and 7.50.070 containing one of the following corrective actions:
1. Repair, if the estimated cost of repairing the conditions causing the dwelling, building, structure, premises or portion thereof to be unfit or unsafe for human habitation or other use is less than or equal to 30 percent of the fair market value of the dwelling, building, structure or premises;
2. Repair, and the dwelling, building, structure, premises or portion thereof vacated and/or closed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use is greater than 30 percent and less than or equal to 50 percent of the fair market value of the dwelling, building, structure or premises; or
3. Demolition, and the property immediately vacated and secured as completely as possible pending demolition, if:
a. The condition or conditions which cause the dwelling, building, structure or premises to be unsafe or unfit for human habitation create a hazard to the public health, safety, or welfare that would exist even if the dwelling, building, structure or premises were vacated and closed to entry;
b. Part of the building or premises or equipment intended to assist in extinguishing a fire, to prevent the origin or spread of fire, or to safeguard life or property from fire is in an unsafe or unusable condition;
c. Structural defects or 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. One-third or more of the supporting members show damage or deterioration; or
d. The cost of repair exceeds 50 percent of the fair market value of the dwelling, building, structure or premises; or
e. The cost of repair exceeds 30 percent of the fair market value of the dwelling, building, structure or premises and it has remained vacant for six months or more;
4. Nothing in this section shall limit the authority of the city to condemn and resell property pursuant to Chapter 35.80A RCW, Condemnation of blighted property.
B. In estimating the cost of repairs, the code official shall use the current edition of “Building Valuation Data” published by the International Code Council, or a cost estimating publication that the code official deems comparable, and shall apply the following standards:
1. Only the conditions causing the building, structure or portion thereof to be unfit for human habitation or other use shall be included in the cost estimate;
2. Repair estimates shall assume that all work will comply with the requirements of the current construction codes adopted pursuant to EMC Title 15;
3. If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the building code official shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
4. Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure, unless different materials are required by current construction codes adopted pursuant to EMC Title 15. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials currently required.
C. The fair market value of the building or structure shall be as indicated by the records of the Pierce County assessor-treasurer.
D. An undertaking entered into at or prior to the hearing by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the administrator to order demolition. If by reason of any of the above conditions a building is unfit, but no public necessity is found for its immediate demolition, the administrator 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. (Ord. 24-660 § 4 (Exh. B); Ord. 23-658 § 5 (Exh. A)).
7.50.060 Content of order.
The order of unfit or unsafe dwelling, building, structure and/or premises shall include all of the following information:
A. The name and address, if known, of the person(s) to whom the order is being issued;
B. The street address or a description sufficient for identification of the property the dwelling, building, structure, or premises is upon or within;
C. A description of the dwelling, building, structure, and/or premises. The administrator may choose to attach dated photos to support the description;
D. A declaration of the determination that the dwelling, building, structure, premises or portion thereof is unfit for human habitation or other use;
E. The reference(s) to the associated condition(s) in EMC 7.50.040 that form the basis of the determination, and the date the determination was made;
F. The corrective action as specified in EMC 7.50.050(A);
G. A deadline containing a date and time certain by which the corrective action must be completed;
H. A statement requiring the person(s) responsible to request a compliance inspection as specified in EMC 7.50.100;
I. A statement that violation, removal, or defacement of the order is a misdemeanor; and
J. A statement that a hearing will be held in accordance with EMC 7.50.080, with the date and time certain and a statement of the rights of the parties. (Ord. 23-658 § 5 (Exh. A)).
7.50.070 Service of order.
A. The administrator shall serve the order upon the person(s) to whom it is directed, either by delivering it personally or by mailing a copy of it by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Pierce County auditor. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the administrator in the exercise of reasonable diligence, then the administrator shall:
1. Make an affidavit to that effect;
2. Serve the order personally or by certified mail, postage prepaid, return receipt requested, to each such person at the address of the dwelling, building, structure, or premises involved in the proceedings; and
3. Mailing a copy of the order by first class mail to any address of each such person in the records of the Pierce County assessor-treasurer and the Pierce County auditor;
B. The administrator shall post a copy of the order conspicuously on the affected dwelling, building, structure, or premises, or as near to the affected dwelling, building, structure, or premises as reasonable.
C. The administrator shall file a copy of the order with the Pierce County auditor, and such filing of the order shall have the same force and effect as other lis pendens notices provided by law.
D. Service is deemed complete upon completion of the actions in subsections (A), (B), and (C) of this section.
E. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the date and the manner of service.
F. Any failure of the person(s) to whom the order is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the order. (Ord. 23-658 § 5 (Exh. A)).
7.50.080 Hearing before the director.
A. A hearing shall be scheduled for not less than 10 days nor more than 30 days after the serving of the order.
B. The hearing shall be cancelled if, prior to the time fixed for hearing in the order issued by the administrator, arrangements satisfactory to the code official for the repair, demolition, vacation or reoccupancy of the building or premises are made, including the proper application for permits or abatement of the nuisance.
C. The director shall hold a hearing. If the person(s) to whom the preliminary order is directed fail to appear at the scheduled hearing, the director will enter an order pursuant to subsection (D) of this section.
1. 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 and present evidence at the time and place fixed in the complaint.
2. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the director.
3. Evidence, including hearsay evidence, is admissible if in the judgment of the director it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.
4. The director may adopt administrative rules of procedure for the conduct of such hearings.
D. The director shall issue a final order to the person(s) identified in EMC 7.50.060(A) that contains the following information:
1. The name(s) and address(es) of the person(s) to whom the order is being issued;
2. The street address or a description sufficient for identification of the property the dwelling, building, structure, or premises is upon or within;
3. Affirmation, modification, or vacation of the code official’s determination and declaration of whether the dwelling, building, structure, or premises is unfit or unsafe for human habitation or other use;
4. The reference(s) to the associated condition(s) in EMC 7.50.040 that form the basis of the determination;
5. Findings of fact in support of such determination;
6. The corrective action as authorized in EMC 7.50.050(A);
7. A deadline containing a date and time certain by which the corrective action must be completed;
8. A statement requiring the person(s) responsible to request a compliance inspection as specified in EMC 7.50.100;
9. A statement that violation, removal, or defacement of the order is a misdemeanor; and
10. A statement that the final order may be appealed in accordance with EMC 7.50.090.
E. The final order shall be served pursuant to EMC 7.50.070. (Ord. 23-658 § 5 (Exh. A)).
7.50.090 Appeals.
A. Within 30 days from the date of service of the final order, the person(s) to whom the order was being issued may file an appeal with the city clerk for a hearing before the hearing examiner. The appeal must:
1. Be titled a notice of appeal;
2. Specify the party or parties seeking the review;
3. Specify the decision or part of decision which the party wants reviewed;
4. Contain a brief statement setting forth the legal interest of each of the appellants participating in the appeal;
5. Contain a brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;
6. Contain a brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified, or otherwise set aside;
7. Include the signatures of all parties named as appellants, and their official mailing addresses; and
8. Be accompanied by the appropriate fee, as set forth in the city of Edgewood fee schedule.
B. In addition to the provisions of Chapter 2.40 EMC:
1. All matters submitted to the hearing examiner under this chapter shall be resolved within 60 days from the date of filing therewith.
2. The findings and orders of the hearing examiner shall be served in the same manner as provided for in EMC 7.50.070 and shall bear the same legal consequences as if issued by the code official.
3. A transcript of the findings of fact of the hearing examiner shall be made available to the owner or other party in interest upon demand.
C. Any person affected by a decision issued by the hearing examiner pursuant to this section may, within 30 days after the posting and service of the order, petition the Pierce County superior court for an injunction restraining the city from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo. Absent an injunction issued by a court of competent jurisdiction, the decision of the hearing examiner shall be final 30 days after issuance.
D. If no appeal is filed, a copy of such order shall be filed with the Pierce County auditor and shall be the final order. (Ord. 23-658 § 5 (Exh. A)).
7.50.100 Compliance inspection.
A. Upon completion of the corrective action required under either the preliminary or the final order, the person responsible shall give notice to the administrator. The administrator shall confirm receipt of the notification in writing and provide the anticipated date and time of the compliance inspection.
B. After receiving notice from the person responsible that the corrective action is complete, the administrator shall complete a compliance inspection within three business days, determine if the corrective action is complete, and provide the person responsible with written notice of the determination. The administrator’s determination of whether the corrective action is complete or not complete shall not be appealable and shall be provided by regular mail, email, or personal service.
C. If the administrator determines that the corrective action is not complete, the person responsible must complete the corrective action by the deadline outlined in the order. (Ord. 23-658 § 5 (Exh. A)).
7.50.110 Extension – Modification.
An extension of time or modification to the required corrective action may be granted pursuant to EMC 7.10.140. The person(s) responsible shall be responsible for all costs associated with recording an extension or modification of the required corrective action with the Pierce County auditor. (Ord. 23-658 § 5 (Exh. A)).
7.50.120 Enforcement of order.
A. If, following exhaustion of his or her rights to appeal, the person responsible fails to complete the corrective action or if no response is received by the applicable deadline, the city may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished and recover its costs and expenses in accordance with EMC 7.50.130, and the person responsible shall be liable to the city and assessed a civil penalty of $250.00 per day commencing the day following the date set for the compliance of the order, plus all costs and expenses of abatement, in accordance with EMC 7.50.130.
B. In the enforcement of this section, the administrator is authorized to enter the structure and/or premises for inspection, testing, sampling, or other purposes preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors as necessary to perform the work, and to spend public funds to complete the work. (Ord. 23-658 § 5 (Exh. A)).
7.50.130 Costs.
A. The costs of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the administrator, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes.
B. For purposes of this chapter, the cost of vacating and closing shall also include:
1. The amount of relocation assistance payments that a property owner has not repaid to the city of Edgewood or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085;
2. All penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085; and
3. All other reasonable expenses, including, but not limited to, the costs of staff time, materials, incidentals, mailing, publishing, and recording notices.
C. Upon certification to the Pierce County assessor-treasurer, by the administrator, of the assessment amount being due and owing, with credit for the salvage value of the property, the Pierce County assessor-treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall 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 provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city.
D. If the dwelling, building, structure, or premises is removed or demolished by the city, the administrator shall, if possible, sell the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the administrator, after deducting the costs incident thereto.
E. When necessary, bid awards for demolition shall be let only to a licensed contractor. All contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require the contractor to estimate the salvage value of the property and, by claiming the salvage, reduce the contract price accordingly. The contract price fixed by acceptance of the contract shall not be adjusted to reflect the actual salvage value. Such contracts may be solicited prior to the deadline for completion of the corrective action, but shall not be binding or accepted until an order is final. (Ord. 23-658 § 5 (Exh. A)).
7.50.140 Permit required.
Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure is required to obtain any required city, local, state or federal permit or approval prior to commencing work. (Ord. 23-658 § 5 (Exh. A)).
7.50.150 Discrimination prohibited.
All proceedings under this chapter shall be subject to the anti-discrimination provisions of RCW 35.80.040. (Ord. 23-658 § 5 (Exh. A)).
7.50.160 Violations.
It shall be unlawful and a violation of this chapter to knowingly:
A. Occupy or suffer to be occupied any dwelling, building, structure or premises ordered vacated; or
B. Obstruct any officer or agent of the city of Edgewood or other governmental unit in the enforcement of this chapter.
C. Violation of this section is a misdemeanor, punishable pursuant to Chapter 1.10 EMC. (Ord. 23-658 § 5 (Exh. A)).
7.50.170 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. The provisions of this chapter shall not prevent the city or other governmental unit 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. (Ord. 23-658 § 5 (Exh. A)).