Chapter 15.04
ABATEMENT OF DANGEROUS BUILDINGS

Sections:

15.04.010    Findings.

15.04.015    Nuisance declared.

15.04.016    Definitions.

15.04.020    Enforcement officer—Designated.

15.04.030    Enforcement officer—Powers.

15.04.040    Enforcement officer—Determination of dangerous building.

15.04.050    Standards for determination.

15.04.060    Complaint—Notice of hearing.

15.04.070    Service of order.

15.04.080    Appeal.

15.04.090    Appeals commission.

15.04.100    Petition for injunction.

15.04.110    Abatement by city.

15.04.120    Cost assessment.

15.04.130    Provisions not to abrogate.

15.04.010 Findings.

It is found that there exist in the city buildings, dwellings, structures and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate drainage, over-crowding, or due to other conditions which are inimical to the health and welfare of the residents of the city. It is the intent of this chapter to clarify and strengthen the procedures for abating such nuisances, particularly unsafe or unfit premises, in addition to dwellings, buildings and other structures, modeled after the existing provisions of Chapter 35.80 RCW. Provisions of this chapter relating to “dwellings” or “structures,” singly or in combination, include all of those terms and also the term “premises,” unless the context clearly requires a more restricted meaning. (Ord. 634 § 1 (part), 2015: Ord. 438 § 1, 2001: Ord. 196 § 1, 1982)

15.04.015 Nuisance declared.

All unsafe or unfit buildings, dwellings, structures and premises as defined in this chapter are declared to be public nuisances. (Ord. 438 § 2, 2001)

15.04.016 Definitions.

“Abate” means to repair, replace, remove, destroy, vacate, close or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as is required or permitted by this chapter, as determined by the enforcement officer or other authorized official.

“Appeals commission” or “commission” means the appeals commission created by Chapter 2.52.

“Building code” or “Uniform Building Code” each means and includes the building code and related codes adopted by the city of Rainier or otherwise in force pursuant to RCW 19.27.031 and 19.27.040 through 19.27.060.

“City” means the city of Rainier.

“Enforcement officer” and “building inspector” each has the same meaning as “enforcement officer” in Chapter 8.12 and in this chapter; namely, the mayor or mayor’s designee authorized in writing to enforce this chapter.

“Premises” means and includes any structure, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland, within the territorial limits of the city.

“Property,” unless otherwise defined or modified, includes premises and/or structures, as required by its context, and may include personal property if required by its context.

“Structure” means and includes any dwelling, house, shop, stable, building or other structure.

“Unsafe or unfit” includes, without limitation, any of the conditions described in RCW 35.80.030.

“Unsafe or unfit” further describes, without limitation, any structures or premises which are unfit for human habitation or which are unfit for the purpose or purposes for which they are used or other uses, due to decay, dilapidation, disrepair, damage by fire or the elements, structural defects, defects increasing the hazards of fire, incendiarism, accidents, or other calamities, inadequate ventilation, uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding; or due to other conditions which are inimical to the health, safety or welfare of the residents of the city.

The terms “notice of abatement,” “owner,” “person” and “building material” shall have the same meanings as in Section 8.12.010. (Ord. 634 § 1 (part), 2015: Ord. 438 § 3, 2001)

15.04.020 Enforcement officer—Designated.

The enforcement officer of the city, as defined in this chapter, is designated and appointed to carry out the duties and exercise powers assigned to the building inspector or enforcement officer by this chapter. (Ord. 634 § 1 (part), 2015: Ord. 438 § 3, 2001: Ord. 196 § 2, 1982)

15.04.030 Enforcement officer—Powers.

The enforcement officer is empowered and 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, but are not limited to, the following, and are in addition to others herein granted:

A.    To determine, pursuant to standards prescribed by the building code, which dwellings within the city are unfit for human habitation;

B.    To determine, pursuant to standards prescribed by the building code, 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 or use conditions in the city and to enter upon premises for the purpose of making examinations when the officer has reasonable grounds for believing that said premises are unfit for human habitation, or for other use; provided, that such entry shall be made in compliance with the provisions of Chapter 1.04 relating to entry upon property, and warrants for entry, in all respects, and also shall be made in such manner as to cause the least possible inconvenience to the persons in possession. (Ord. 634 § 1 (part), 2015: Ord. 438 § 4, 2001: Ord. 196 § 12, 1982)

15.04.040 Enforcement officer—Determination of dangerous building.

The enforcement officer may determine that a dwelling, building, structure or premises is unfit for human habitation or other use if he finds that conditions exist in such dwelling, building, structure or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure or premises, or the occupants of neighboring dwellings or other residents of the city. Such conditions may include but shall not be limited to the following defects therein increasing the hazards of fire or accident: inadequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects, uncleanliness, overcrowding or inadequate drainage. The standards covering such conditions are those set forth in the Uniform Building Code. (Ord. 634 § 1 (part), 2015: Ord. 438 § 5, 2001: Ord. 196 § 4, 1982)

15.04.050 Standards for determination.

The determination of whether a dwelling, building or structure shall be repaired or demolished, shall be based on the following standards:

A.    The degree of structural deterioration of the dwelling, building or structure; or

B.    The ratio that the estimated cost of repair bears to the fair market value of the dwelling, building or structure. (Ord. 438 § 6, 2001: Ord. 196 § 5, 1982)

15.04.060 Complaint—Notice of hearing.

If, after a preliminary investigation of any dwelling, building, structure or premises the enforcement officer finds that it is unfit for human habitation or other use, as defined in Section 15.04.010, the enforcement officer 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 auditor’s office of Thurston County, and shall post in a conspicuous place on such property, a complaint stating in what respect said building, dwelling, structure or premises is unfit for human habitation or other use. If the whereabouts of such person is unknown and the same cannot be asserted by the enforcement officer in the exercise of reasonable diligence, and said officer shall make an affidavit to that effect, then the serving of said complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a legal newspaper published in the city or, in the absence of the existence of such legal newspaper, it shall be posted in three public places in the city. Such complaint shall contain a notice that a hearing shall be held before the enforcement officer at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the service of said complaint, or in the event of publication or posting, not less than fifteen (15) days nor more than thirty (30) days from the date of first publication and posting, 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. The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearings before the enforcement officer. A copy of such complaint shall also be filed with the auditor of Thurston County and such filing of said complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 634 § 1 (part), 2015: Ord. 438 § 7, 2001: Ord. 196 § 3, 1982)

15.04.070 Service of order.

If, after the hearing as set forth above, the enforcement officer determines that the dwelling is unfit for human habitation, or the building, structure or premises is unfit for other use, is shall be stated in the officer’s written findings of fact in support of such determination, and said findings of fact shall issue and be served upon the owner or party of interest thereof, as provided in Section 15.04.060 of this chapter, and the officer shall post in a conspicuous place on said property, an order which:

A.    Requires the owner or party in interest, within the time specified in the order, to repair, alter or improve said dwelling, building, structure or premises to render it fit for human habitation, or for further 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 as required in Section 15.04.050 of this chapter; or

B.    Requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building or structure, if this course of action may be deemed proper on the basis of such standards. If no appeal is filed, a copy of such order will be filed with the auditor of Thurston County. (Ord. 438 § 8, 2001: Ord. 196 § 6, 1982)

15.04.080 Appeal.

Appeal. The owner or other party in interest, within thirty (30) days from the date of service upon the owner and posting an order issued by the enforcement officer under the provisions of Section 15.04.070, may file an appeal with the appeals commission. (Ord. 634 § 1 (part), 2015: Ord. 438 § 9, 2001: Ord. 196 § 7, 1982)

15.04.090 Appeals commission.

There is designated an appeals commission as provided in Chapter 2.52. The findings and orders of the appeals commission shall be reported in the same manner and shall bear the same legal consequences as if issued by the building inspector or enforcement officer and shall be subject to review only in the manner and to the extent provided in Section 15.04.100. (Ord. 634 § 1 (part), 2015: Ord. 196 § 8, 1982)

15.04.100 Petition for injunction.

Any person affected by an order issued by the appeals commission pursuant to Section 15.04.090 may, within thirty (30) days after posting and service of the order, petition to the superior court of Thurston County for such relief as he may be entitled. (Ord. 634 § 1 (part), 2015: Ord. 196 § 11, 1982)

15.04.110 Abatement by city.

If the owner or party in interest, following exhaustion of his or her 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 commission or officer may direct or cause such dwelling, building, structure or premises to be repaired, altered, improved, vacated, removed, or demolished.

Any entry upon unoccupied public or private property by the city of Rainier for such abatement, or other enforcement action under this chapter, except for emergencies, shall be made in compliance with the provisions of Chapter 1.04 relating to entry upon property, and warrants for entry, in all respects, and also shall be made in such manner as to cause the least possible inconvenience to the persons in possession. (Ord. 634 § 1 (part), 2015: Ord. 438 § 10, 2001: Ord. 196 § 9, 1982)

15.04.120 Cost assessment.

The amount of the cost of said repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the officer or city, shall be assessed against the real property upon which such costs were incurred unless such amount is previously paid. These costs shall include the time of city employees and officers as provided in the fee schedules in Chapter 2.48 or Section 18.12.110 or as otherwise determined by the city treasurer. Upon certification to him by the treasurer of the city of the assessment amount due and owing, the Thurston County treasurer shall enter the amount of said 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 with the same interest (not to exceed six percent) and penalties, and when collected shall be deposited to the credit of the general fund of the city; provided, that if the total assessment due and owing exceeds two hundred fifty dollars ($250.00), the city shall, upon written request of the owner or party in interest, divide the amount due into ten (10) equal annual installments, subject to earlier payment at the option of the owner or party in interest. If the dwelling, building or structure is removed or demolished by the commission or officer, the commission or officer shall, if possible, sell the materials of said dwelling, building or structure in accordance with the procedures for selling surplus property of the city and shall credit 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 building inspector or enforcement officer after deducting the costs incident thereto. (Ord. 634 § 1 (part), 2015: Ord. 196 § 10, 1982)

15.04.130 Provisions not to abrogate.

A.    Nothing in this chapter shall be constructed to abrogate or impair the power of the courts or of the city to enforce any provisions of its charter or its ordinances or regulations in order to prevent or punish violations thereof, and the powers confirmed under this chapter shall be an addition and supplemental to the powers conferred by any other ordinance or law.

B.    Nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause the removal or abatement by summary proceedings or otherwise. (Ord. 634 § 1 (part), 2015: Ord. 196 §§ 13, 14, 1982)