Chapter 15.40 UNFIT STRUCTURES

Chapter 15.40
UNFIT STRUCTURES

Sections:

15.40.010 Purpose and intent.

15.40.020 Nuisance declared.

15.40.030 Definitions.

15.40.040 Dangerous or unfit structures enumerated.

15.40.050 Standards for repair, vacation, or demolition.

15.40.060 Investigation, notice and hearing.

15.40.070 Appeals.

15.40.080 Certificate of compliance.

15.40.090 Re-inspection of vacated buildings.

15.40.100 Abatement by city.

15.40.110 Recovery of costs.

15.40.120 Occupying or renting building or premises unfit for habitation – Termination of utilities.

15.40.130 Removal of posted notices.

15.40.140 Violations.

15.40.150 Civil penalties.

15.40.010 Purpose and intent.

It is found that there exist in the City of Covington, dwellings, and other buildings, structures, and premises or portions thereof that are unfit for human habitation and that are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, abandonment or vacancy, 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 conditions. It is not the intent of this chapter to apply the provisions of this chapter to existing buildings which were approved under prior editions of the code and are being maintained in compliance with those requirements. (Ord. 13-07 § 1)

15.40.020 Nuisance declared.

All buildings or structures which, by reason of decay, dilapidation, or damage by fire, the elements, or any other cause, are determined by the building official to be dangerous to the lives and safety of persons or property or unfit for the purpose or purposes for which they are being used, are declared to be public nuisances. (Ord. 13-07 § 1)

15.40.030 Definitions.

For purposes of this chapter, the following definitions shall apply:

(1) “Building code” means the building code, its components, and related codes adopted by the City of Covington in this title.

(2) “Building Official” means the City Building Official or his or her authorized designee as defined in CMC 15.05.080.

(3) “Fire Marshal” means the City Fire Marshal or his or her authorized designee as defined in CMC 15.05.100.

(4) “Owner” means any person having any interest in the property in question, as shown upon the records of the King County Recorder’s Office.

(5) “Premises” means 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.

(6) “Structure” means any building, dwelling, mobile home, factory-built house, shop, stable, or other structure or part thereof, built for the support, shelter, enclosure, or convenience of persons, animals, chattels, or property of any kind.

(7) “Vacant” means any structure that is unattended and either open or unsecured so that access may be gained without damaging any portion of the structure, or which looks like no person is presently in possession, to include conditions such as disconnected utilities, accumulated debris, uncleanliness, or disrepair.

(8) “Value of structure” is the current value of a structure as specified in the current edition of “Building Valuation Data” published by the International Conference of Building Officials, or, if not published, as determined by the Building Official. (Ord. 13-07 § 1)

15.40.040 Dangerous or unfit structures enumerated.

All dwellings, buildings, structures, or premises which have any one or more of the following defects may be deemed “dangerous or unfit structures”:

(1) Those with any door, aisle, passageway, stairway, or other means of exit that is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(2) Those with a walking surface of any aisle, passageway, stairway, or other means of exit that is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(3) Those with stress in any materials, member, or portion thereof, due to dead and live loads, that is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose, or location.

(4) Those that have been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that their structural strength of stability is materially less than they were before such catastrophe and are less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location.

(5) Those with any portion, member, or appurtenance that is likely to fail, or to become detached or dislodged, or to collapse, and thereby injure persons or damage property.

(6) Those with any portion, member, appurtenance, or ornamentation on the exterior that is not sufficient strength or stability, or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings.

(7) Those with any portion, member, or appurtenance that has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(8) Those that are likely to partially or completely collapse because of:

(a) Dilapidation, deterioration, or decay;

(b) Faulty construction;

(c) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;

(d) The deterioration, decay, or inadequacy of its foundation; or

(e) Any other cause.

(9) Those which, for any reason, are unsafe for the purpose for which it is being used.

(10) Those with exterior walls or other vertical structural members that list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(11) Those that, exclusive of the foundations, show 33 percent or more damage or deterioration of their supporting member or members, or 50 percent damage or deterioration of their nonsupporting members, enclosing or outside walls or coverings.

(12) Those that have been so damaged by fire, wind, earthquake, or flood, or have become so dilapidated or deteriorated as to become:

(a) An attractive nuisance to children;

(b) A harbor for vagrants, criminals, or immoral persons; or as to

(13) Those that have been constructed, exist, or are maintained in violation of any specific requirement or prohibition applicable to the structure, as specified in the building code, or of any law or ordinance of this state or jurisdiction relating to the condition, location, or structure of buildings.

(14) Those which, whether or not erected in accordance with all applicable laws and ordinances, have in any nonsupporting part, member, or portion less than 50 percent or in any supporting part, member, or portion less than 66 percent of the:

(a) Strength;

(b) Fire-resisting qualities or characteristics; or

(c) Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

(15) Those that are used or intended to be used for dwelling purposes, but because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, are determined by the Building Official to be unsanitary, unfit for human habitation.

(16) Those that are determined by the Fire Marshal to be a fire hazard due to obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause.

(17) Those in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

(18) Those that remain on a site after their demolition or destruction, so as to constitute an attractive nuisance or hazard to the public.

(19) Those that are vacant, not secured against entry, and subject to acts of unlawful burning. (Ord. 13-07 § 1)

15.40.050 Standards for repair, vacation, or demolition.

The following standards shall be followed in substance by the Building Official in ordering repair, vacation or demolition of buildings:

(1) If the “dangerous or unfit structure” can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the Building Official, or by the Hearing Examiner on appeal.

(2) If the “dangerous or unfit structure” is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vacated by the Building Official, or by the Hearing Examiner on appeal.

(3) If the “dangerous or unfit structure” is 50 percent damaged or decayed or deteriorated in value, it shall be demolished. “Value” is the valuation placed upon the structure for purposes of general taxation.

(4) If the “dangerous or unfit structure” cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished.

(5) If the “dangerous or unfit structure” is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the City of Covington or the laws of the State of Washington, it shall be demolished, provided the fire hazard is not eliminated by the owner within a reasonable time. (Ord. 13-07 § 1)

15.40.060 Investigation, notice and hearing.

(1) The Building Official may investigate a structure or premises which he or she believes to be dangerous or unfit. If the investigation reveals conditions that make the structure or premises dangerous or unfit, the Building Official may follow the administrative notice and order procedures outlined in Chapter 1.30 CMC.

(2) In addition to the requirements of Chapter 1.30 CMC, the notice and order shall also include a statement that describes in what respects such structure or premises is dangerous or unfit as defined in this chapter and an order that requires the owner, occupant, or party in interest, within such reasonable time as may be specified in the order, to:

(a) Repair, alter or improve the structure or premises to render it no longer dangerous or unfit; and/or

(b) Remove or demolish the structure or premises; and/or

(3) When calculating the time for compliance with the order, the Building Official shall consider:

(a) The type of hazard, the nature and immediacy of the threat to the public health and safety, and the blight created by the conditions of the premises;

(b) A demonstrated intent by a responsible party to repair, demolish or vacate and close the building or to correct or improve the condition of the premises by:

(i) Entering into a contract with a licensed contractor to perform the required work within a specific time and for a reasonable compensation;

(ii) Depositing cash in a segregated account in an amount sufficient to complete the required repairs;

(iii) Securing a loan from an established lending institution that will provide sufficient funds to complete the required repairs; or

(iv) Securing a permit to perform the required work and paying the required permit fees;

(d) The complexity of the repairs, seasonal considerations, construction requirements and the legal rights of any tenants; and

(e) Circumstances beyond the control of the responsible person.

(4) The notice and order may also include notice of additional penalties or remedies available to the city under other provisions of the Covington Municipal Code.

(5) A copy of the notice and order may be recorded, and if so, shall have the same force and effect as other lis pendens notices. (Ord. 13-07 § 1)

15.40.070 Appeals.

Any person aggrieved by an order of the Building Official issued pursuant to this chapter may appeal to the Hearing Examiner pursuant to the procedures outlined in CMC 1.30.120. Appeal hearings before the Hearing Examiner will be scheduled, conducted and decided pursuant to the process outlined in Chapters 1.30 and 14.45 CMC. (Ord. 01-09 § 15; Ord. 13-07 § 1)

15.40.080 Certificate of compliance.

(1) Compliance with an order issued pursuant to this chapter shall be the responsibility of each person named as a responsible party in the order. An owner or responsible party shall request a re-inspection from the Building Official following correction of the conditions set forth in the order. If the Building Official finds that the repairs, alterations, corrections or other actions required by the order have been performed in compliance with the standards in the building code, the Building Official shall issue a certificate of compliance certifying that, as of the date it is issued, the conditions cited in the order have been corrected.

(2) On issuance of a certificate of compliance, the Building Official certifies only that the conditions listed in the complaint, order or decision that make the structure or premises dangerous or unfit have been corrected as required by the building code. The Building Official makes no representation concerning other conditions in the structure or any equipment therein, or of the premises, that is not listed in the complaint, order or decision. The Building Official shall not be responsible for any injury, damage, death or other loss of any kind sustained by any person, organization, or corporation arising out of any condition of the structure, equipment, or premises. (Ord. 13-07 § 1)

15.40.090 Re-inspection of vacated buildings.

When a building has been vacated and closed to entry pursuant to an order of the Building Official issued under this chapter, the Building Official shall re-inspect the building annually to verify that the building and structures accessory to the building remain vacant and closed to entry and meet the minimum standards for vacant buildings set forth in this code, and to determine the extent to which the building has deteriorated. The owner shall be charged an inspection fee for the annual inspections. Annual inspection charges shall be assessed and collected as a fee under the fee resolution. (Ord. 13-07 § 1)

15.40.100 Abatement by city.

If the person responsible for complying with the order of the Building Official fails to comply with the order, the Building Official, by such means and with such assistance as may be available, is authorized to cause the structure or premises to be (1) repaired, altered, or improved to correct the dangerous or unfit conditions; (2) vacated and closed; or (3) demolished and removed. The costs for such actions shall be recovered by the City. (Ord. 13-07 § 1)

15.40.110 Recovery of costs.

(1) If the costs incurred by the Building Official pursuant to CMC 15.40.100 for repairs, alterations or improvements, or of vacating and closing, or of demolition and removal are not paid after a written demand upon the owner and other persons named as responsible parties in the notice and order, such costs shall be assessed against the property for which the costs were incurred in the manner provided below.

(2) If the Building Official removes or demolishes a structure, he or she shall, if possible, sell the salvageable materials from the building and apply the proceeds of the sale to the reimbursement of the costs of demolition and removal. Any funds remaining shall be paid to the owner.

(3) After notice to the owner, occupant, and other persons with an interest in the property that all or a portion of the costs have not been paid, the Building Official shall notify the City Manager of the amount due and owing, and upon receipt of the notification the City Manager shall certify the amount to the King County Department of Finance for assessment.

(4) Upon certification by the City Manager of the amount due and owing, the King County Department of Finance shall enter the amount of the assessment upon the tax rolls against the real property for the current year to be collected at the same time as the general taxes and with interest at the rates and in the manner provided in RCW 84.56.020 for delinquent taxes. When collected, it shall be deposited in the general fund of the City and credited to the appropriate Community Development Department account.

(5) The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. (Ord. 13-07 § 1)

15.40.120 Occupying or renting building or premises unfit for habitation – Termination of utilities.

(1) No one shall use, occupy, rent or cause, suffer, or allow another to use, occupy, or rent any structure or premises found to be unfit for human habitation or other use from and after the date specified in a Building Official’s order to repair, alter, or improve, vacate and close, or demolish and remove a building or correct or improve the condition of the premises until the Building Official has certified that the building or premises is fit for human habitation or other use.

(2) The Building Official may, by written notice directed to the owner and to the appropriate utility authority, request that service of water, electricity or gas to the structure or premises be terminated or disconnected on or before a specified date. Upon receipt of such notice, the utility authority is authorized to terminate or disconnect the service, and to restore the service upon the issuance by the Building Official of a certificate of compliance in accordance with this chapter, or upon written notification by the building official that water, electricity or gas service should be restored.

(3) It is unlawful for anyone other than the utility authority or its authorized representatives, to restore any water, electricity, or gas service that has been terminated or disconnected by notice from the Building Official. (Ord. 13-07 § 1)

15.40.130 Removal of posted notices.

Only the Building Official or his or her designee may remove any notice, complaint or order posted in accordance with this chapter prior to issuance of a certificate of compliance. (Ord. 13-07 § 1)

15.40.140 Violations.

(1) Any failure or refusal to obey an order of the Building Official or Hearing Examiner issued pursuant to this chapter, or any failure to comply with the requirements or standards of this code shall be a violation of this code.

(2) It shall be a violation of this code for any person to obstruct, impede or interfere with any attempt to correct any condition, or attempt to comply with an order of the Building Official issued pursuant to this chapter. (Ord. 13-07 § 1)

15.40.150 Civil penalties.

Any person failing to comply with an order issued by the Building Official or Hearing Examiner pursuant to this chapter may be subject to a cumulative civil penalty pursuant to Chapter 1.30 CMC. (Ord. 13-07 § 1)