Chapter 7.60
ABATEMENT BY CITY
Sections:
7.60.040 Authorized action by the city.
7.60.050 Recovery of costs and expenses related to summary or judicial abatement.
7.60.060 Nuisance abatement – Special assessment and lien.
7.60.010 Authority to abate.
The city may abate a code violation when:
A. The terms of a voluntary correction agreement pursuant to Chapter 7.20 EMC have not been met;
B. The deadline for completion of corrective action(s) specified in a notice of code violation issued pursuant to Chapter 7.30 EMC have not been met;
C. The deadline for completion of corrective action(s) specified in a stop work, cease activity, and/or emergency order issued pursuant to Chapter 7.40 EMC have not been met;
D. The condition is subject to summary abatement as provided for in EMC 7.60.020 and 7.60.030;
E. The city condemns a blighted property by resolution pursuant to Chapter 35.80A RCW and after providing notice pursuant to RCW 8.25.290; or
F. The city obtains an order by a court allowing for abatement by the city. (Ord. 23-658 § 5 (Exh. A)).
7.60.020 Summary abatement.
Whenever any code violation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. As soon as reasonably possible after the abatement, written notice of such abatement, including the reason for it, shall be served upon the person responsible for the violation. (Ord. 23-658 § 5 (Exh. A)).
7.60.030 Emergency measures.
In addition to the remedies provided elsewhere, the following emergency measures are authorized to mitigate danger to the general public from dangerous buildings, structures, and/or associated properties:
A. When there is a public safety hazard, the administrator may request disconnection of utilities.
B. When there is imminent danger due to an unsafe condition, the code official may order the necessary work to be done, including the boarding up of openings or installation of temporary fencing, to render such building or structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
C. When necessary for public safety, the public works director or law enforcement officer may temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe buildings or structures, and prohibit the same from being utilized.
D. For the purposes of this section, the administrator is authorized to employ the necessary labor and materials to perform the required work as expeditiously as possible.
E. The city may seek reimbursement for costs pursuant to EMC 7.60.050. (Ord. 23-658 § 5 (Exh. A)).
7.60.040 Authorized action by the city.
Using any lawful means, the city may enter upon the subject property and may remove or correct the condition that is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition including, but not limited to, seeking an order putting the property into receivership in accordance with Chapter 7.60 RCW and thereby recover from the property the reasonable, necessary expenses of abating the nuisance and returning the property to productive use. (Ord. 23-658 § 5 (Exh. A)).
7.60.050 Recovery of costs and expenses related to summary or judicial abatement.
A. The person responsible for the violation shall be responsible for the fines, penalties, liquidated damages, and costs, including incidental expenses, of correcting the violation. The term “incidental expense” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees and court-related costs; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, obtaining any required permits, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing.
B. If the costs incurred by the city for repairs, alterations or improvements, emergency measures, or of vacating and closing, or of demolition and removal are not paid after a written demand upon the persons named as responsible parties, such costs constitute a debt to the city and may be collected by referral to a collection agency in accordance with Chapter 3.55 EMC and RCW 19.16.500 or court proceedings the same as any other debit in like amount which is in addition to all other existing remedies. In any such action, the prevailing party shall be entitled to recover its reasonably incurred costs, expenses, and fees, including attorneys’ fees.
C. If the building or structure is removed or demolished by the city, the administrator shall, if possible, sell the salvable materials from the building or structure and shall apply the proceeds of the sale to the reimbursement of the costs of demolition and removal. Any funds remaining after recovery of the city’s costs and expenses shall be paid to the owner and/or persons responsible for the violations. (Ord. 23-658 § 5 (Exh. A)).
7.60.060 Nuisance abatement – Special assessment and lien.
A. As authorized by RCW 35A.21.405, the director of the department of community and economic development, or his or her designee, shall be authorized to levy a special assessment on the land or premises where a public nuisance is situated to reimburse the city for the expense of abatement.
B. Prior to levying the special assessment authorized in subsection (A) of this section, the city shall provide the owner and any identifiable mortgage holder with 10 calendar days’ advance written notice that a special assessment will be levied on the property. The notice shall provide the estimated amount of the special assessment. The notice shall be sent by regular mail.
C. The special assessment authorized by this section constitutes a lien against the property, and is binding upon successors in title only from the date the lien is recorded with the Pierce County auditor. Up to $2,000 of the recorded lien is of equal rank with state, county, and municipal taxes. (Ord. 23-658 § 5 (Exh. A)).
7.60.070 Interference.
No person shall obstruct, impede, or interfere with the city or its agents, or with any person who owns or holds any interest or estate in any property, in performing any acts necessary to correct the violation. Violation of this section shall be a misdemeanor. (Ord. 23-658 § 5 (Exh. A)).