Chapter 6.07
UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES
Sections:
6.07.010 Purpose and authority.
6.07.040 Authority of public officer.
6.07.060 Unsafe or unfit for human habitation.
6.07.090 Enforcement of order.
6.07.100 Recovery of expenses.
6.07.120 Discrimination prohibited.
6.07.130 Supplemental chapter.
6.07.140 Nuisances – Powers reserved.
6.07.150 Additional violations and penalties.
6.07.010 Purpose and authority.
Pursuant to Chapter 35.80 RCW, the city council finds that there are, within the city of Puyallup (city), dwellings which are dangerous, unlawful, or unfit for human habitation and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, unpermitted and substandard construction or modification, filth and other nuisance conditions attracting insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, other conditions which are harmful to the health and welfare of the residents of the city, or other similar conditions and violations of various building, health, and safety regulations, and/or which are vacant, unsecured, and abandoned or apparently abandoned.
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 hamper community and economic development.
When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community for the city to intervene and correct, repair, or remove such buildings, structures, and conditions and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses. (Ord. 3271 § 2, 2023).
6.07.020 Definitions.
The definitions in this section apply throughout this chapter.
(1) “Building code” means and includes the building code, its components, and related codes adopted by the city of Puyallup in PMC Title 17.
(2) “Code compliance hearings examiner” means the regular hearing examiner of the city of Puyallup as indicated in PMC 2.54.020.
(3) “Public officer” means the director of development and permitting services or their designee.
(4) “Unsafe or unfit” includes, without limitation, those structures so defined by Puyallup Municipal Code and adopted codes in the current and subsequent editions of the International Property Maintenance Code. The term “unsafe or unfit” requires the conditions of the structure 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.
(5) “Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Pierce County auditor or who establishes their interest before the public officer or hearing examiner. For the purpose of giving notice the term “owner” shall also include any person in physical possession.
(6) “Person” means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (Ord. 3271 § 2, 2023).
6.07.030 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 public officer, 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. 3271 § 2, 2023).
6.07.040 Authority of public officer.
The public officer 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:
(1)(a) To determine which dwellings are unfit for human habitation;
(b) To determine which buildings, structures, or premises are unfit for other use;
(2) To administer oaths and affirmations, examine witnesses, and receive evidence; and
(3) To investigate the dwelling or other property conditions and to enter upon premises for the purpose of making examinations when the public officer has reasonable grounds for believing they are unfit for human habitation, or for other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted; provided further, that the public officer may recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the time frames, standards and other provisions of this chapter. Examples of circumstances which may warrant such exercise of discretion include, without limitation, medical illness or disability affecting a property owner’s ability to respond to orders or appear at hearings and bona fide insurance coverage disputes which create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the property owner. (Ord. 3271 § 2, 2023).
6.07.050 Inspection.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the public officer finds that it is dangerous, unfit or unsafe for human habitation or other use, they shall cause to 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 Pierce County auditor, and shall post in a conspicuous place on such property a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer makes an affidavit to that effect, then the serving of such complaint or order upon such persons 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 each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the Pierce County treasurer-assessor or auditor. Such complaint shall contain a notice that a hearing will be held before the public officer, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the 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 in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the public officer. A copy of such complaint shall also be filed with the Pierce County auditor and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 3271 § 2, 2023).
6.07.060 Unsafe or unfit for human habitation.
(1) Determination. As provided in RCW 35.80.030, the public officer may determine that a structure or premises is unsafe or unfit if the public officer finds that one or more defects or conditions exist that are described in PMC 6.07.020(4), or according to minimum standards that are prescribed by the building code and those requirements adopted in the building code:
(a) For determining the fitness or safety of a dwelling for human habitation, or any building, structure, or premises for other use;
(b) For the use and occupancy of dwellings throughout the city; or
(c) For the use and occupancy of any building, structure, or premises used for any other purpose.
(2) General Standards. In general, the determination of whether a structure or premises should be repaired or demolished shall be based on the following standards:
(a) The degree of structural deterioration of the structure or premises; or
(b) 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.
(3) Specific Standards for Determining Safety or Fitness – Demolition or Other Remedies.
(a) In reaching a judgment that a structure or premises is unsafe or unfit for human habitation, the public officer shall consider: (i) dilapidation, (ii) disrepair, (iii) structural defects, (iv) 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, (v) inadequate ventilation, (vi) uncleanliness, (vii) inadequate light, (viii) inadequate sanitary facilities, (ix) inadequate drainage, (x) substandard conditions.
(b) 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, potential occupants, or the occupants of neighboring structures or of other residents of the city of Puyallup, and if (i) 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 show damage or deterioration, or (ii) the estimated cost of restoration exceeds 50 percent of the value of the structure, or (iii) the structure has been damaged by fire or other calamity, the estimated cost of restoration exceeds 30 percent of the value of the structure and it has remained vacant for six months or more, the public officer 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 section, shall be determined by a qualified real estate appraiser.
(4) Alternative Action. 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 within 30 calendar days is grounds for the public officer 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 public 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. (Ord. 3271 § 2, 2023).
6.07.070 Findings and order.
(1) If, after the required hearing, the public officer determines that the dwelling is dangerous or unfit for human habitation, or the building or structure or premises is unfit for other appropriate use, they shall state in writing their findings of fact in support of such determination, and shall issue and cause to be served upon the owner(s), as provided in PMC 6.07.050, and shall post in a conspicuous place on the property, an order that:
(a) Requires the owner(s), within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other appropriate use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in this section; or
(b) Requires the owner(s), within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the Pierce County auditor.
(2) In ordering the required course of action to be taken by the owner(s) to abate the unfit or unsafe or dangerous structure, the public officer may order the structure or a portion thereof demolished and not repaired under the following circumstances:
(a) The structure is patently illegal with regard to building, zoning, or other regulations;
(b) The estimated cost to repair the structure or portion thereof is more than 50 percent of the value of the structure or portion thereof; or
(c) The estimated cost to repair the structure or portion thereof is less than 50 percent of the value and repairing and/or securing the structure from entry would, nevertheless, cause or allow the structure to remain a hazard or public nuisance. (Ord. 3271 § 2, 2023).
6.07.080 Appeals.
(1) Within 30 days from the date of service upon the owner and posting of the decision issued by the public officer, the owner(s) may file an appeal with the city clerk for a hearing before the code compliance hearing examiner. The appeal before the code compliance hearing examiner must be accompanied by the appropriate fee as established for hearings before the hearing examiner. The rules for hearings before the code compliance hearing examiner shall be those specified by the hearing examiner. In addition to the provisions of Chapter 2.54 PMC, all matters under this chapter shall be resolved by the code compliance hearing examiner within 60 days from the date of filing therewith and a transcript of the findings of fact of the code compliance hearing examiner shall be made available to the owner(s) upon demand. The findings and orders of the code compliance hearing examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the public officer.
(2) A notice of appeal filed with the city clerk for the code compliance hearing examiner must (a) be titled a notice of appeal; (b) specify the party or parties seeking the review; (c) designate the decision or part of decision which the party wants reviewed; (d) a brief statement setting forth the legal interest of each of the appellants participating in the appeal; (e) 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; (f) 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; (g) the signatures of all parties named as appellants, and their official mailing addresses.
(3) The code compliance hearing examiner may affirm, modify, reverse, or return with directions the action or decision appealed in the event the code compliance hearing examiner finds an error of law or the record is not supported by substantiated evidence.
(4) Any person affected by an order issued by the code compliance 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 public officer 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 code compliance hearing examiner shall be final 30 days after issuance. (Ord. 3271 § 2, 2023).
6.07.090 Enforcement of order.
(1) If the owner(s), following exhaustion of their rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the public officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated and closed, removed, or demolished.
(2) In the enforcement of this section, the public officer 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. 3271 § 2, 2023).
6.07.100 Recovery of expenses.
(1) The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the public officer, 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.
(2) For purposes of this section, the cost of vacating and closing shall include:
(a) The amount of relocation assistance payments that a property owner has not repaid to the city of Puyallup or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085;
(b) 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
(c) All other reasonable expenses, including but not limited to, the costs of staff time, materials, incidentals, mailing, publishing, and recording notices.
(d) Upon certification to the county assessor/treasurer, by the public officer, of the assessment amount being due and owing, the 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.
(3) If the dwelling, building, structure, or premises is removed or demolished by the public officer, the public officer 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 public officer, after deducting the costs incident thereto. (Ord. 3271 § 2, 2023).
6.07.110 Emergencies.
The provisions of this chapter shall not prevent the public officer or any other officer or agency of the city of Puyallup 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. 3271 § 2, 2023).
6.07.120 Discrimination prohibited.
All proceedings under this chapter shall be subject to the anti-discrimination provisions of RCW 35.80.040. (Ord. 3271 § 2, 2023).
6.07.130 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. (Ord. 3271 § 2, 2023).
6.07.140 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. (Ord. 3271 § 2, 2023).
6.07.150 Additional violations and penalties.
(1) It shall be unlawful and a violation of this chapter to knowingly:
(a) Occupy or allow to be occupied any building or premises ordered vacated;
(b) Fail to comply with any order issued pursuant to this chapter;
(c) Obstruct, hinder, or provide false information to any officer or agent of the city of Puyallup or other authorized governmental unit or agency in the enforcement of this chapter.
A violation of this section is a misdemeanor and may be punished by a fine not to exceed $1,000 and/or jail confinement of not more than 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 $5,000 and/or imprisonment for not more than 364 days or both such fine and imprisonment. (Ord. 3271 § 2, 2023).
6.07.160 Conflict.
In any conflict between this chapter and other sections of the Puyallup Municipal Code including those adopted by reference, this chapter shall be controlling. (Ord. 3271 § 2, 2023).