Chapter 15.03
DANGEROUS BUILDINGS

Sections:

15.03.010    Purpose and findings.

15.03.020    Definitions.

15.03.030    Duties of the director.

15.03.040    Unfit buildings.

15.03.050    Substandard buildings.

15.03.055    Vacant structures and land.

15.03.060    Nuisances.

15.03.070    Complaint.

15.03.075    Voluntary correction.

15.03.080    Hearings before the director.

15.03.090    Hearings before the hearing examiner.

15.03.100    Enforcement.

15.03.110    Costs.

15.03.120    Permit required.

15.03.130    Rules and regulations.

15.03.140    Penalties.

15.03.150    Emergencies.

15.03.010 Purpose and findings.

The city council of the city of Milton finds that unsafe, unsanitary, vacant and otherwise improperly maintained premises and structures within the city of Milton, 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. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. This chapter shall also be construed in accord with Chapter 35.80 RCW, as now or hereafter amended. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1677 § 2, 2006; Ord. 1531 § 1, 2002. Formerly 8.24.010).

15.03.020 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. Defined terms or concepts from MMC Title 17 generally apply to this chapter.

A. “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, e.g., 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 is not conclusive in determining that property is abandoned.

B. “Boarded up building” means any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving the appearance the building is not used or occupied.

C. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

D. “Director” means the planning and community development director, his authorized deputies and representatives.

E. “Hearing examiner” means the hearing examiner of the city of Milton as provided in Chapter 2.54 MMC.

F. “Health officer” means the head of either the Tacoma-Pierce County health department or Seattle-King County health department, his authorized deputies or representatives.

G. “Nuisance” includes a nuisance defined by statute or ordinance; or a nuisance at common law, either public or private.

H. “Owner” means any person having any interest in the real or personal property in question as shown upon the records of the office of the Pierce or King County auditor, or who establishes his interest before the director or hearing examiner. For the purpose of giving notice, the term “owner” also includes any person in physical possession.

I. “Person” means 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.

J. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance has been sought within two years, or a notice of violation has been issued within two years.

K. “Vacant” when referring to a building means a commercial structure that is not actively and commercially in use for more than six months, an industrial or warehouse structure that is not actively in use for more than one year and residential property that is not actively in use as a residence for more than four months. “Vacant” when referring to real property with no commercial, industrial or residential structure refers to property that is not maintained, weed infested, overgrown, littered, or otherwise not maintained as are surrounding properties. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1663 §§ 6, 7, 2006; Ord. 1531 § 1, 2002. Formerly 8.24.020).

15.03.030 Duties of the director.

The director’s duties and powers for the purposes of this chapter include:

A. Investigation of all buildings, properties and premises which he has reasonable grounds to believe may be unfit, substandard, boarded up, abandoned, vacant or a nuisance;

B. Preparation, service and posting of complaints against buildings, property or premises believed to be in violation;

C. Conducting administrative hearings and rendering decisions based upon written findings; and

D. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.030).

15.03.040 Unfit buildings.

A. In reaching a judgment that a building is unfit for human habitation, the director shall consider:

1. Dilapidation;

2. Disrepair;

3. Structural defects;

4. 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;

5. Inadequate ventilation;

6. Uncleanliness;

7. Inadequate light;

8. Inadequate sanitary facilities;

9. Inadequate drainage;

10. 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 building’s occupants, or the occupants of neighboring buildings or of other residents of the city of Milton, and 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 show damage or deterioration; or (2) the cost of restoration exceeds 60 percent of the value of the building; or (3) the building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the building 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 director; cost of restoration is the actual estimated cost, which may be determined in the same manner as “value”), the director shall order the building 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.

C. 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 director 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 director 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. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.040).

15.03.050 Substandard buildings.

A. In reaching a judgment that a building or premises is substandard, the director shall be guided by such factors as:

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;

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;

9. Nuisance.

B. If these or similar conditions are found to exist, the director shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current codes, and may order the property vacated and secured as completely as possible pending such repair or other action. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.050).

15.03.055 Vacant structures and land.

A. All vacant structures and premises must comply with this code. Vacant buildings and premises thereof shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause blight or adversely affect the public health, safety, quality of life or value of adjoining property.

1. Appearance. All vacant buildings must appear to be occupied, or appear able to be occupied with little or no repairs unless boarded up.

2. Removal of Graffiti. All vacant buildings must be maintained free of graffiti.

3. Security. All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes.

a. Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or medium density overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass.

Exception. Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of 30 days.

b. Security Fences. Temporary construction fencing shall not be used as a method to secure a building from entry.

Exception. Temporary construction fencing may be used for a maximum period of 30 days.

4. Weather Protection. All exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust and corrosion, and all surfaces with rust or corrosion, shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

5. Fire Safety.

a. Fire Protection Systems. All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the fire department.

b. Flammable Liquids. No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.

c. Combustible Materials. All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items.

d. Fire Inspections. Periodic fire department inspections may be required at intervals set forth by the fire marshal or his designee.

6. Plumbing Fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. The building’s water systems shall be protected from freezing.

7. Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes.

8. Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes.

9. Interior Floors. If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter-inch plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches.

10. Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

11. Termination of Utilities. The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected.

12. Restoration of Service. If water, electricity or gas service has been terminated or disconnected, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service and not until written notification is given by the code official that service may be restored.

B. Enforcement. Violations of this section shall be enforced according to the provisions and procedures of and subject to the monetary penalties contained in this chapter.

1. Abatement. When a building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance, the director is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be collected from the owner in the manner provided by law.

2. Unsafe or Substandard Buildings and Equipment. Any vacant building or equipment therein declared unsafe is subject to the provisions of MMC 15.03.040 and the demolition provisions contained therein. (Ord. 1928 § 2, 2017).

15.03.060 Nuisances.

A. In determining that a nuisance exists, the director will consider whether the conditions:

1. Offend the senses;

2. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

3. Render others insecure in life or use of property;

4. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

5. Include vacant or boarded up structures; and

6. Violate any provision of this code, especially MMC Titles 9, 15, and 17; or

B. If the director finds a nuisance to exist, they shall order it abated and may order the property otherwise secured pending abatement. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.060).

15.03.070 Complaint.

If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard, vacant, boarded up, required to be boarded up, or upon a verified complaint or declaration of a citizen, a nuisance, he shall cause the owners to be served, either personally or by first class and certified mail with return receipt requested, and shall post in a conspicuous place on such property a complaint stating in what respect such building is unfit for human habitation or other use or is substandard, vacant or that it is or should be a boarded up building or that the premises is a nuisance, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he shall make 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 notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. Such complaint shall contain a notice that a hearing will be held before the director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Pierce or King County, and such filing of the complaint or order shall have the force and effect of lis pendens. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.070).

15.03.075 Voluntary correction.

A. The director may secure voluntary correction by agreement with the owner.

B. The voluntary correction agreement is a contract between the city and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary agreement must include:

1. The name and address of the owner or person bound under the contract;

2. The street address and a legal description sufficient to identify the premises;

3. A description of the violation and a reference to the provisions of this code or other regulation that has been violated;

4. The corrective action to be taken, and a date and time by which the corrective action must be completed;

5. An agreement by the owner that the city of Milton may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;

6. A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;

7. The administrative costs to be paid and by whom;

8. Permission by the owner for the city to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated or the property reoccupied; and

9. An acknowledgement.

C. The director may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.075).

15.03.080 Hearings before the director.

A. Unless, prior to the time fixed for hearing in the complaint issued by the director, arrangements satisfactory to the director for the repair, demolition, boarding up, vacation or reoccupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the director shall hold a hearing for the purpose of determining the immediate disposition of the building or premises. The hearing will be canceled if the director approves the completed corrective action.

B. The director shall conduct a hearing. The director or his designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The city shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. If the owner fails to appear at the scheduled hearing, the director will enter an order finding that the violation occurred and assess the appropriate costs.

C. Within 10 days of the completion of the hearing the director shall issue an order to the owner that contains the following information:

1. The decision regarding the alleged violation including findings of fact and conclusions based thereon.

2. The required corrective action.

3. The date and time by which the correction must be completed.

4. The costs assessed and the monthly assessment if the property is vacant or boarded up.

5. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

6. The decision shall state that the owner has the right to appeal to the hearing examiner within 30 days and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the director, and to charge any expenses incurred thereby to the owner and assess them against the property.

D. The director shall mail by certified mail a copy of the order to the owner or occupant within 10 working days following the hearing.

E. If no appeal is filed, a copy of such order shall be filed with the auditor of Pierce or King County and shall be a final order. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.080).

15.03.090 Hearings before the hearing examiner.

A. The purpose of the hearing examiner is to review the proceedings and orders of the director and to affirm, modify or vacate said orders.

B. Within 30 days from the date of service and posting of an order of the director, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the city clerk setting out the reasons he believes the findings or order of the director to be erroneous. The hearing examiner shall set a hearing not less than 10 nor more than 30 days from the date of said appeal or referral. Notice of the time and place of the hearing shall be made in accord with MMC 15.03.070. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit 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 director, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety.

C. Upon the public hearing of the appeal, the hearing examiner shall consider the file of the proceedings before the director and such other evidence as may be presented. After the hearing, the hearing examiner may affirm, modify or vacate the order of the director, or may continue the matter for further deliberation or presentation of additional evidence. Normally, the hearing examiner will not accept new evidence or evidence not made available to the director in the absence of good cause. The hearing examiner’s review is on the record, not de novo. The determination of the director shall be accorded substantial weight. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The hearing examiner shall cause his findings of fact and order to be made in writing; provided, the hearing examiner may adopt the findings and order of the director, or so much thereof as supports his decision. Such findings and order shall be served and posted in the same manner as an order of the director. In addition, such notice shall state that the owner has the right to petition the superior court of Pierce or King County for appropriate relief within 30 days after the order becomes final.

D. Any action taken by the hearing examiner shall be final 60 days after the filing of a notice of appeal unless continued with consent of the owner or occupant. In the event that the hearing examiner fails to reach a decision or continues the hearing beyond 60 days after the filing of an appeal, the director’s order and finding shall be that of the hearing examiner’s, and shall be final and subject to petition to the superior court; provided, any continuance at the request or with the consent of any owner or occupant shall suspend the running of the 60 days allowed for final decision, for the length of the continuance. (Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.090).

15.03.100 Enforcement.

A. The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to be suitably filled and cleared as provided by MMC 15.03.040. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the hearing examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by MMC 15.03.040. The director shall let bids for any demolition in accordance with MMC 15.03.110.

B. If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the director may cause the action to be taken by the city.

C. If the director deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so order. If the owner is unable or unwilling to secure the building within 48 hours, the director may order the building secured by the city, at the expense of the owner. A structure so secured shall be assessed the fee for a boarded up or vacant structure.

D. If the owner is unable to comply with the director’s or hearing examiner’s order within the time required, and the time for appeals to the hearing examiner 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 director or the hearing examiner 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 director’s or the hearing examiner’s ruling on an extension of time. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.100).

15.03.110 Costs.

A. 1. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the city, shall be assessed against the real property upon which such costs were incurred unless said costs were previously paid. The director shall forward such costs to the city clerk-treasurer, who shall certify them to the county treasurer for assessment on the tax rolls.

2. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value. Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The director shall have the authority to sign the contract on behalf of the city.

3. There shall be charged against the owner and assessed against the property of any boarded up building an annual inspection fee of $500.00. Such fee shall be payable at the time the building becomes a boarded up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual fee has been exhausted.

B. Actual costs and expenses will be assessed in accord with the provisions of this section.

C. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner:

1. Where abatement is accomplished prior to director hearing:

a. Nuisance, vacant or boarded up structure: $200.00;

b. Substandard building: $400.00;

c. Unfit building: $600.00;

provided, the director may waive these fees for a first offense if abatement is complete 48 hours prior to a director hearing; provided further, that where abatement is accomplished by voluntary agreement, the director shall charge at least $50.00 per month per acre or fractions thereof.

2. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing:

a. Nuisance, vacant or boarded up structure: $1,000;

b. Substandard building: $2,000;

c. Unfit building: $3,000.

3. Where abatement is accomplished following breach of an agreement or understanding between a property owner and director or hearing examiner:

a. Nuisance, vacant or boarded up structure: $2,000;

b. Substandard building: $4,000;

c. Unfit building: $6,000.

4. Where the abatement is accomplished by the city following hearing or default of the property owner:

a. Nuisance, vacant or boarded up structure: $2,000;

b. Substandard building: $4,000;

c. Unfit building: $6,000.

5. For cases heard by the hearing examiner add $1,000.

6. For repeat violations, costs shall be doubled.

7. Vacant and boarded up properties will be assessed $400.00 per month for residential properties and commercial and industrial property shall be assessed one-fifth percent (0.2 percent) of the assessed value of the property per month, or fraction thereof, for each month the property remains vacant or boarded up.

D. The director or hearing examiner 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 setting costs, they may reduce the costs to an owner who has acted in good faith. They may increase costs if it appears that the scheduled costs are inadequate to make the city whole with respect to a particular violation. (Ord. 1928 § 1, 2017; Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.110).

15.03.120 Permit required.

Any work, including construction, repairs or alterations under this chapter to rehabilitate any building or structure, may require a permit in accord with other provisions of this code. (Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.120).

15.03.130 Rules and regulations.

The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter and do substantial justice. (Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.130).

15.03.140 Penalties.

It shall be unlawful and a violation of this chapter to knowingly:

A. Occupy or suffer to be occupied any building or premises ordered vacated;

B. Fail to comply with any order issued pursuant to this chapter; or

C. Obstruct any officer or agent of the city of Milton or other governmental unit in the enforcement of this chapter.

Violation of this chapter is a gross misdemeanor. (Ord. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.140).

15.03.150 Emergencies.

The provisions of this chapter shall not prevent the director or any other officer of the city of Milton 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. 1862 § 2 (Exh. A), 2015; Ord. 1531 § 1, 2002. Formerly 8.24.150).