Chapter 8.24
UNFIT, IMPROPERLY MAINTAINED OR SUBSTANDARD STRUCTURES OR PREMISES
Sections:
8.24.010 Purpose and findings.
8.24.020 Definitions.
8.24.030 Duties of the Official.
8.24.040 Unfit or improperly maintained structures or premises.
8.24.050 Substandard structures.
8.24.060 Complaint.
8.24.070 Hearings before the Official.
8.24.080 Hearings before the Commission.
8.24.090 Enforcement.
8.24.100 Costs.
8.24.110 Permits required.
8.24.120 Rules and regulations.
8.24.130 Penalties.
8.24.140 Emergencies.
8.24.150 Severability.
8.24.010 Purpose and findings.
The City Council of the City finds that unkept, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. A property which is merely unkept may substantially reduce the value of adjoining property. If there are a number of properties that are unkept, unsightly and dangerous, the habitability and economic well-being of the City as a whole are materially and adversely affected. This chapter conveys to the City administration, in accord with the procedures set out below, all necessary and proper powers to remedy unfit, improperly maintained or substandard structures or premises as they are described or found to exist and to charge the costs of such action to those responsible, and against the properties themselves. This chapter is an exercise of the City’s police power, and it shall be liberally construed to effect this purpose. (Ord. 990 § 1, 1992)
8.24.020 Definitions.
Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the International Building Code. Gender and number are interchangeable.
“Abandoned” refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession such as disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned.
“Boarded-up structure” means any structure having exterior openings which are closed by extrinsic devices or materials designed or calculated to be in place indefinitely, giving to the structure the appearance of nonoccupancy or nonuse for an indefinite period of time.
“Commission” means the Appeals Commission of the City. The duties of the Appeals Commission shall be performed by the City’s Board of Appeals in accordance with its rules of procedure and this chapter.
“Nuisance” includes (1) a nuisance defined by statute or ordinance; (2) a nuisance at common law, either public or private; (3) an attractive nuisance, whether in or on a structure or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (4) abandoned, vacant or occupied property which has become detrimental to health or safety because of a natural or artificial condition on the property; and/or (5) a weed hazard. In determining whether a nuisance that is not specifically named in this definition exists, the Official and the Commission will consider whether the conditions: (1) annoy, injure or endanger the comfort, repose, health or safety of others; (2) offend decency; (3) offend the senses; (4) unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way; (5) render others insecure in life or use of property; (6) obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property; (7) violate any provision of this chapter; or (8) are unlawful or illegal. A nuisance is a condition which renders a structure or premises unfit for use or improperly maintained and which may be abated as specified in this chapter.
“Official” means the Ferndale Building Official or his or her authorized representatives.
“Owner” means any person having ownership interest in the real estate in question as shown upon the records of the office of the Whatcom County auditor, or who establishes his interest before the Official or Commission. For the purpose of giving notice, the term “owner” also includes any person in physical possession.
“Structure” means any building, dwelling, mobile home, factory-built house, or other structure or part thereof, built for the support, shelter, enclosure or convenience of persons, animals, chattels or property of any kind.
“Weed hazard” means grasses, weeds, bushes or other vegetation other than established trees (1) which have grown and died or (2) which grow wild or are not irrigated and exceed six inches in length. Such vegetation on a parcel of one acre or more is not a weed hazard if it is surrounded by a 20-foot fire break where the parcel adjoins developed property and a five-foot fire break where it adjoins a public way and is maintained at a length or height of six inches or less. Such vegetation on parcels of less than one acre also must be kept at a length or height of six inches or less. Public parks and other public facilities, agriculturally used property, and property which the City approves for natural open space areas are not weed hazards. (Ord. 990 § 1, 1992)
8.24.030 Duties of the Official.
The Official is the Chief Administrative Officer for the purposes of this chapter, and his or her duties and powers include:
A. Investigation of all structures and premises which he or she has reasonable grounds to believe may be unfit, improperly maintained or substandard;
B. Preparation, service and posting of complaints against structures or premises believed to be in violation;
C. Conducting administrative hearings and rendering decisions based upon written findings or referring matters to the Commission for decisions; and
D. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 990 § 1, 1992)
8.24.040 Unfit or improperly maintained structures or premises.
A. In reaching a judgment that a structure or premises is unfit or improperly maintained, the Official or the Commission shall consider whether any of the following conditions exist: (1) dilapidation; (2) disrepair; (3) structural defects; (4) defects or conditions increasing the hazards of fire, accidents or other calamities; (5) inadequate drainage; or (6) nuisances.
B. If any of these or other conditions are found to exist to an extent that is dangerous or injurious to the health, safety or general welfare of the occupants of the structure or premises, or of the occupants or others of neighboring structures or premises, or of other residents of the City, the Official or the Commission may in his, her or its discretion order the structure or premises vacated, closed, repaired, altered, improved, cleaned or cleared so as to remedy the condition. In the case of a structure, if (1) structural deterioration is of such degree that (a) 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 (b) 33 percent of the supporting members shows damage or deterioration, or (2) the cost of restoration exceeds 60 percent of the value of the structure, or (3) a structure has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the structure and it has remained vacant for six months or more (value shall be determined by reference to a current edition of “Building Valuation Data” published by the International Conference of Building Officials or, if not published, as determined by the Official – cost of restoration is the actual estimated cost, which may be determined in the same manner as “value”), the Official or the Commission may in his, her or its discretion order the structure demolished or removed and the land suitably restored or the premises improved. The Official may order the property immediately vacated and secured as completely as possible pending such action.
C. 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 or improved. The failure to accomplish such an undertaking is grounds for the Official or the Commission to order demolition of a structure or improvement of a premises. If by reason of any of the above conditions a structure is unfit for use, but no public necessity is found for its immediate demolition, the Commission or the Official may take other action, such as causing the property to be vacated, closed, repaired, altered, cleaned, cleared or otherwise improved in a manner which will promote the public health, safety or general welfare. (Ord. 990 § 1, 1992)
8.24.050 Substandard structures.
A. In reaching a judgment that a structure is substandard, the Official and the Commission shall determine whether it violates pertinent building or other uniform codes so as to create one or more of the following conditions: (1) structural unsoundness; (2) improper sanitation; (3) improper safety; (4) improper weatherproofing; (5) defective or hazardous wiring, including wiring which (a) did not conform with law applicable at the time of installation, or (b) has not been maintained in good condition, or (c) is not being used in a safe manner; (6) defective or hazardous plumbing, including plumbing which (a) did not conform with law applicable at the time of installation, or (b) has not been maintained in good condition, or (c) is not being used in a safe manner; (7) defective or hazardous heating or ventilating equipment, including equipment, vents and piping which (a) did not conform with law applicable at the time of installation, or (b) has not been maintained in good and safe condition; or (8) fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof.
B. If these or similar conditions are found to exist, the Official or Commission may, in his, her or its discretion, order the structure vacated, closed, repaired, altered, cleaned, cleared, improved or otherwise brought into compliance with current codes, and may order the property immediately vacated and secured as completely as possible pending such action. (Ord. 990 § 1, 1992)
8.24.060 Complaint.
If, after a preliminary investigation of any structure or premises, the Official finds that it is unfit for use, improperly maintained or substandard, he shall cause the owners and parties shown as having an interest in the property by the Whatcom County auditor’s records and the persons in possession of the property to be served, either personally or be certified mail with return receipt requested and shall post in a conspicuous place on such property, a complaint stating in what respects such structure or premises is unfit for use, is improperly maintained, or is substandard. If the whereabouts of any such person is unknown and cannot be ascertained by the Official in the exercise of reasonable diligence, he shall make an affidavit to that effect. Then the serving of such complaint or order upon such person may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to such person at the address of the property involved in the proceedings and mailing a copy of the complaint and order by first class mail to any address of such person in the records of the Whatcom County assessor. Such complaint shall contain a notice that a hearing will be held before the Official at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint, 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 the complaint. A copy of such complaint shall also be filed with the Whatcom County auditor, and such filing of the complaint or order shall have the force and effect of lis pendens. (Ord. 990 § 1, 1992)
8.24.070 Hearings before the Official.
A. Unless, prior to the time fixed for hearing in the complaint issued by the Official, arrangements satisfactory to the Official for the vacation, closure, demolition, removal, repair, alteration or improvement of the structure or premises are made, including the proper application for permits, the Official shall hold a hearing for the purpose of determining the immediate disposition of the structure or premises.
B. The rules of evidence prevailing in courts of law or equity shall not be controlling at the hearing before the Official.
C. If, after the required hearing, the Official determines that a structure or premises is unfit for use, improperly maintained, or substandard, he or she shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and any other interested persons appearing in person at the hearing a copy of such findings and order in the manner provided in FMC 8.24.060. The Official shall also post the order in a conspicuous place on said property: (1) requiring the owner and/or parties in interest, within the time specified in the order, to vacate, close, demolish, remove, repair, alter and/or improve such structure or premises to render it fit for use, properly maintained or in compliance with standards; or (2) requiring the owner or party in interest to abate the nuisance and setting out generally those steps necessary to render the structure or premises fit for use and properly maintained; or (3) stating that an annual inspection fee has been assessed against a structure until such time as it is reoccupied or demolished. In addition, such order shall state that the owner has the right to appeal to the Commission within 30 days and, unless he or she does appeal or comply with the order, the City shall have the power, without further notice or proceedings, to do any act required of the owner in the order of the Official, and to charge any expenses incurred thereby to the owner and assess them against the property; provided, that if an annual inspection fee is the only order made by the Official, the addition to the notice need only state that unless the fee is paid or arrangements for payment are made or an appeal filed, this amount will be assessed against the property.
D. If no appeal is filed, a copy of such order shall be filed with the Whatcom County auditor and shall be a final order. (Ord. 990 § 1, 1992)
8.24.080 Hearings before the Commission.
A. The purpose of the Commission is to review the proceedings and orders of the Official and to affirm, modify or vacate such orders.
B. Within 30 days from the date of service and posting of an order of the Official, an owner may file an appeal with the Commission by filing a written notice of appeal with the City Clerk specifying his or her reasons for claiming that the findings or order of the Official are erroneous. Notice of the time and place of the hearing shall be served in accord with FMC 8.24.060. The matter of the appeal will be scheduled for a public hearing before the Commission so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit the final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the Official, except so much thereof as requires temporary measures, such as securing of a structure to minimize any emergent danger to the public health or safety.
C. Upon the public hearing of the appeal, the Commission shall consider the file of the proceedings before the Official and such other evidence as it may allow to be presented. After the hearing, the Commission may affirm, modify or vacate the order of the Official, or may continue the matter for further deliberation or presentation of additional evidence. Normally the Commission will not accept new evidence or evidence not made available to the Official in the absence of good cause. The Commission’s review is on the record rather than de novo. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The Commission shall cause its findings of fact and order to be made in writing; provided, the Commission may adopt the findings and order the Official, or so much thereof as supports its decision. Such findings and order shall be served and posted in the same manner as an order of the Official. In addition, such notice shall state that the owner has the right to petition the superior court of Whatcom County for a review of the proceedings upon the record before the Commission within 30 days after posting and service of the order to determine whether the action of the Commission has been arbitrary, capricious or contrary to law.
D. Any action taken by the Commission shall be final 60 days after the filing of a notice of appeal, unless continued with consent of the owner. In the event that the Commission fails to reach a decision or continues the hearing beyond 60 days from the filing of an appeal without consent of the owner, the Official’s findings and order shall become the findings and order of the Commission, and shall be final and subject to petition to the superior court. (Ord. 990 § 1, 1992)
8.24.090 Enforcement.
A. The order of the Official or the Commission may prescribe times within which the required action shall be commenced or completed.
B. If action ordered by the Official or the Commission is not taken within the time prescribed, or if no time is specified, within the time for appeal, the Official or the Commission may cause the action to be taken by the City.
C. If the Official or the Commission deems it necessary to have a structure or premises secured as an interim measure for the protection of the public health, safety or welfare while action is pending, either may so order. If the owner is unable or unwilling to secure the building within 48 hours, the Official or the Commission may order the building secured by the City.
D. If the owner is unable to comply with the Official’s or Commission’s order within the time required, and the time for appeals to the Commission or petition to the Court has passed, he may, for good and sufficient cause beyond his control, request in writing an extension of time. The Official or the Commission may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners. There shall be no appeal or petition from the ruling on an extension of time. (Ord. 990 § 1, 1992)
8.24.100 Costs.
A. The costs to vacate, close, demolish, remove, repair, alter and/or improve property, when borne by the City, shall be assessed against the real property upon which such costs were incurred unless paid by the owner or other parties in interest. The Official or the Commission shall forward such costs to the City Treasurer, who shall certify them to the Whatcom County treasurer for assessment on the tax rolls against the property for the current year. 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 is specified in RCW 84.56.020, as it now exists or is hereafter amended, for delinquent taxes. Such amount shall be collected for the benefit of the City’s general fund as prescribed by RCW 35.80.030(1)(h) and/or this chapter.
B. The value of materials or other salvage value of property, if any, shall be credited against the costs of demolition or removal.
C. There shall be charged against the owner and assessed against the property of any boarded-up structure an annual inspection fee as set in the most current City Fee Code. Such fee shall be payable at the time the structure becomes a boarded-up structure. The Commission or Official shall order a refund of the proportional amount not due if the structure is reoccupied, demolished or removed. Subsequent annual fees shall be payable before the preceding annual fee has been exhausted. The Official or Commission may waive the inspection fee if the structure does not remain a boarded-up structure for more than six months. In other cases, the Official or Commission may reduce or modify the time and method of payment of the fee as the condition of the property or the circumstances of the owner may warrant.
D. Whenever a structure or premises is found to be unfit for use, improperly maintained, or substandard, and the costs to vacate, close, demolish, remove, repair, alter and/or improve the property must be borne by the City, there shall be charged against the owner and assessed against the property and the costs of all administrative proceedings before the Official and the Commission, including salaries, wages, material and other expenses incurred for inspecting, conducting hearings or otherwise determining the status of the property.
E. The Official or the Commission 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. (Ord. 990 § 1, 1992)
8.24.110 Permits required.
The owner must obtain all permits that are required by applicable laws to comply with orders of the Official or Commission. (Ord. 990 § 1, 1992)
8.24.120 Rules and regulations.
The Official may make and promulgate such rules and regulations as will effectuate the purposes of this chapter. (Ord. 990 § 1, 1992)
8.24.130 Penalties.
A. It shall be unlawful and a violation of this chapter to knowingly:
1. Occupy or suffer to be occupied any structure or premises ordered vacated or closed;
2. Fail to comply with any order issued pursuant to this chapter; or
3. Obstruct any officer or agent of the City or other governmental unit in the enforcement of this chapter.
B. Violation of this chapter is a gross misdemeanor punishable by a fine of not more than $1,000 and a jail term of not more than one year. Each day that such violation is allowed to continued shall be considered a separate and additional violation of this chapter. (Ord. 990 § 1, 1992)
8.24.140 Emergencies.
The provisions of this chapter shall not prevent the Official or any other officer of 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. 990 § 1, 1992)
8.24.150 Severability.
If any word, clause, sentence, paragraph or section of this chapter is declared void, unenforceable or otherwise invalid for any reason, that determination shall not affect the validity and enforceability of the remaining provisions of this chapter. (Ord. 990 § 1, 1992)