Chapter 15.10 PROPERTY MAINTENANCE CODE

The property maintenance code of the City of Sunnyside shall be comprised of the following as modified by the amendments, additions, deletions, and exceptions as provided in this chapter:

The 2018 International Property Maintenance Code, but not including Appendix A (Boarding Standards), as published by the International Code Council, Inc. The referenced texts are incorporated in this chapter by reference. One or more copies of the texts that comprise the property maintenance code of the City of Sunnyside shall be maintained on file in the office of the Code Administration Manager of the City of Sunnyside. [Ord. 2022-21 § 1, 2022.]

15.10.020 Schedule of fees.

The City Council shall adopt by resolution a schedule of fees required under this chapter. [Ord. 2022-21 § 1, 2022.]

15.10.030 Boarding standards.

Appendix A to the 2018 International Property Maintenance Code is not adopted. Buildings and premises required to be secured from unlawful or unwanted entry in carrying out the provisions of this code shall be secured in accordance with the provisions of Chapter 15.46 SMC. [Ord. 2022-21 § 1, 2022.]

15.10.040 Sections of the International Property Maintenance Code not adopted.

The following sections of the 2018 International Property Maintenance Code are not adopted:

304.14 Insect Screens.

304.17 Guards for Basement Windows.

304.19 Gates.

305.3 Interior Surfaces.

309.3 Single Occupant.

309.4 Multiple Occupancy.

309.5 Occupant.

[Ord. 2022-21 § 1, 2022.]

15.10.050 Chapter 8 referenced standards.

Chapter 8 of the International Property Maintenance Code provides a list of referenced standards used throughout the International Property Maintenance Code. Whenever the International Property Maintenance Code, or the amendments or additions found in this chapter references the International Plumbing Code, it shall mean the Uniform Plumbing Code. Whenever the International Property Maintenance Code, or the amendments or additions found in this chapter references the International Zoning Code, it shall mean the Sunnyside Zoning Ordinance. References to other codes shall apply. [Ord. 2022-21 § 1, 2022.]

15.10.101.1 Amendment to Section 101.1.

Section 101.1 of the 2018 International Property Maintenance Code is amended to read as follows:

101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Sunnyside, hereinafter referred to as “this code.”

[Ord. 2022-21 § 1, 2022.]

15.10.101.3 Amendment to Section 101.3.

Section 101.3 of the 2018 International Property Maintenance Code is amended to read as follows:

101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered, maintained or repaired to provide a minimum level of health and safety as required herein, and as required by the Washington State Fire Code.

[Ord. 2022-21 § 1, 2022.]

15.10.102.2 Amendment to Section 102.2.

Section 102.2 of the 2018 International Property Maintenance Code is amended to read as follows:

102.2 Maintenance. Equipment, systems, devices, safeguards, maintenance and alterations required by this code, the International Fire Code, or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner’s authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.

Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises.

[Ord. 2022-21 § 1, 2022.]

15.10.102.3 Amendment to Section 102.3.

Section 102.3 of the 2018 International Property Maintenance Code is amended to read as follows:

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, uniform Plumbing Code, NFPA 70, and including Washington State amendments to all referenced codes. Nothing in this code shall be construed to cancel, modify or set aside any provision of the zoning ordinances of the city of Sunnyside.

[Ord. 2022-21 § 1, 2022.]

15.10.103.1 Amendment to Section 103.1.

Section 103.1 of the 2018 International Property Maintenance Code is amended to read as follows:

103.1 General. The Community Development Department is responsible for carrying out the provisions of this code. The Community Development and Economic Director, or their designee, shall be known as the code official. The Community Development Department and the Community Development and Economic Director shall be appointed by the Sunnyside City Manager.

[Ord. 2022-21 § 1, 2022.]

15.10.103.5 Amendment to Section 103.5.

Section 103.5 of the 2018 International Property Maintenance Code is amended to read as follows:

103.5 Fees and Penalties. The fees incurred by the City for activities and services performed by the department in carrying out its responsibilities under this code, including but not limited to recording fees and title search fees, shall constitute civil infractions of the Sunnyside Municipal Code and be paid by any person or owner violating this code and be assessed upon a determination that said person or owner has violated Sunnyside Municipal code.

[Ord. 2022-21 § 1, 2022.]

15.10.104.7 Addition of Section 104.7.

Section 104.7 shall be added to the Sunnyside Municipal Code and supplement the 2018 International Property Maintenance Code to read as follows:

104.7 Permits required. Any owner or owner’s authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the codes of the jurisdiction, or to cause such work to be performed shall obtain the required permits in accordance with the laws of the jurisdiction.

[Ord. 2022-21 § 1, 2022.]

15.10.106.4 Amendment to Section 106.4.

Section 106.4 of the 2018 International Property Maintenance Code is amended to read as follows:

106.4 Violation penalties. Any person or owner who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws.

The penalties for those found to be in violation of this code shall be as indicated in the following schedule:

Code Compliance Penalties
1 2
Violation	Amount
No Abatement After Notice of Noncompliance Deadline	$250.00
1st Offense as a Repeat Offender	$500.00
2nd Offense as a Repeat Offender	$750.00
3rd Offense as a Repeat Offender	$1000.00

1 See definition of Repeat Offender.

2 Other fees and costs may apply.

In addition to the penalty listed in the chart above, there is a Fifty Dollar ($50.00) penalty for each day thereafter the violation or failure to comply continues. At the discretion of the code official, any person who violates any of the provisions of this chapter may be cited with a civil infraction punishable by a fine of up to two hundred and fifty dollars ($250.00) as an alternative to the abatement process referenced in this chapter. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

[Ord. 2022-21 § 1, 2022.]

15.10.106.4.1 Addition of Section 106.4.1.

Section 106.4.1 shall be added to the Sunnyside Municipal Code and supplement the 2018 International Property Maintenance Code to read as follows:

106.4.1 Fees. When required inspections are performed after the issuance of a Notice of Violation and Order, a minimum two (2) hour inspection fee shall be assessed for each inspection. Inspection fees shall be based on the actual cost to the jurisdiction at the time the inspection is performed.

[Ord. 2022-21 § 1, 2022.]

15.10.106.6 Amendment to Section 106.6.

Section 106.6 of the 2018 International Property Maintenance Code is amended to read as follows:

106.6 Liens. the amount of costs and penalties (including any interest) associated with a violation of this code shall constitute a lien on the property on which the violation occurred, and, upon certification by the City, the county treasurer shall enter the amount of such costs and penalties 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 when collected remitted to the City. Enforcement of liens against any Property effected under this Code shall occur upon adjudication and determination, pursuant to state and local laws.

[Ord. 2022-21 § 1, 2022.]

15.10.107.1 Amendment to Section 107.1.

Section 107.1 of the 2018 International Property Maintenance Code is amended to read as follows:

107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, and the property owner has been contacted and has not remedied the violation, except in cases of emergency, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person or owner, as recorded with the Yakima County Auditor’s Office, responsible for the violation as specified in this code. Notices for condemnation procedure shall comply with Section 108.3.

[Ord. 2022-21 § 1, 2022.]

15.10.107.2 Amendment to Section 107.2.

Section 107.2 of the 2018 International Property Maintenance Code is amended to read as follows:

107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following:

1. Be in writing.

2. Include a description of the real estate sufficient for identification. At a minimum the description shall include the legal description of the property found on the Yakima County Assessor’s website, the Assessor’s Tax Parcel Identification number, and the street address of the property.

3. Include a statement of the violation or violations and why the notice is being issued.

4. Include a correction order indicating what must be done to correct each violation, allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure, and/or property into compliance with the provisions of this code.

5. Include the costs and penalties that may be charged as a consequence of the violations, including, but not limited to, costs associated with a title report, recording fees, and penalties. If the exact amounts are not known, estimates should be provided with an indication that they are estimates.

6. Inform the property owner and owner’s authorized agent, and any other interested parties, of the right to appeal.

7. Include a statement of the right to file a lien in accordance with Section 106.3 and 106.6.

[Ord. 2022-21 § 1, 2022.]

15.10.107.5 Amendment to Section 107.5.

Section 107.5 of the 2018 International Property Maintenance Code is amended to read as follows:

107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.

[Ord. 2022-21 § 1, 2022.]

15.10.107.6 Amendment to Section 107.6.

Section 107.6 of the 2018 International Property Maintenance Code is amended to read as follows:

107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit, structure, or property who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit, structure, or property to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation

[Ord. 2022-21 § 1, 2022.]

15.10.108.1.3 Amendment to Section 108.1.3.

Section 108.1.3 of the 2018 International Property Maintenance Code is amended to read as follows:

108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment or construction requirements required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.

[Ord. 2022-21 § 1, 2022.]

15.10.108.6 Amendment to Section 108.6.

Section 108.6 of the 2018 International Property Maintenance Code is amended to read as follows:

108.6 Abatement methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.

108.6.1 Debris removal following a fire. Any person having under his or her control or in his or her possession upon any premises in the city any substances or debris which have been rendered useless or unmerchantable by reason of any fire on the premises must remove the same within forty-eight hours after notice to do so has been given in accordance with the procedures in Section 107.3 by the code official to such person.

108.6.1.1 Partially burned structures. Whenever any building or other structure in the city is partially burned, the owner thereof, or the person in charge or control thereof, shall, within ten days after notice from the code official, remove from the premises all refuse, debris, and partially burned lumber that has become detached from the structure; and if the building or structure is burned to such an extent that it cannot be repaired as determined by the procedures in Section 110 of this code, the owner of the property upon which it is located, or the occupant thereof, shall, within the timeframe specified in the notice from the code official, remove all the remaining portion of the building or structure from the premises.

108.6.1.2 Failure to abate. In the event notice is provided and the property owner fails to take the steps necessary to remove fire related refuse, debris, partially burned lumber or anything else outlined in the notice that must be removed pursuant to this section, the city shall take such steps as are necessary, including, but not limited to, hiring a third party, to take all actions outlined in the notice. All costs and fees associated with the city taking such action shall be paid by the property owner. If the costs and fees are not paid within thirty days of receipt of an invoice, the costs and fees shall become a lien on the property and the costs of filing and recording such lien shall be added to the total amount due and owing by the property owner.

108.6.1.2.1 Consent to allow city to abate. The city may allow a property owner to enter into a written consent and waiver form which waives any claims of damages, notice requirements or appeal rights, and consents to the city taking action to remove refuse, debris or partially burned lumber, or any other substances or debris needing to be removed under this section. Such consent shall also include a consent that a lien in the amount of the actual cost to remove such refuse, debris, partially burned lumber or any other substances, the costs of filing the lien, and any other costs consented to by the parties, shall be filed and recorded against the property if the city’s costs are not paid within thirty days of being invoiced.

[Ord. 2022-21 § 1, 2022.]

15.10.109.1 Amendment to Section 109.1.

Section 109.1 of the 2018 International Property Maintenance Code is amended to read as follows:

109.1 Imminent danger. When, in the opinion of the code official, there is an imminent danger of failure or collapse of a building or structure that endangers life or threatens adjacent properties or persons, or where there is a dangerous condition of potential entrapment or other physical harm, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of potential or actual collapse, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.

[Ord. 2022-21 § 1, 2022.]

15.10.109.5 Amendment to Section 109.5.

Section 109.5 of the 2018 International Property Maintenance Code is amended to read as follows:

109.5 Costs of emergency repairs. Costs incurred at the performance of emergency work shall be initially paid by the jurisdiction. Costs are ultimately the responsibility of the owner of the property or structure. The code official shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. If costs are not paid after notice and an opportunity for a hearing pursuant to 109.6, and thirty (30) days have passed, said costs shall become a lien on the property and may be collected as a special assessment pursuant to RCW 35.21.955 and/or RCW 84.56.035

[Ord. 2022-21 § 1, 2022.]

15.10.109.6 Amendment to Section 109.6.

Section 109.6 of the 2018 International Property Maintenance Code is amended to read as follows:

109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the hearing examiner, be afforded a hearing as described in this code.

[Ord. 2022-21 § 1, 2022.]

15.10.110 Amendment to Section 110.

Section 110 of the 2018 International Property Maintenance Code is amended to read as follows:

15.10.110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s judgment after review of applicable laws and regulations, is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, the code official shall order that, at the owner’s expense, such structure, premises or unfit portion thereof be:

1. Repaired or demolished and removed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use is more than 50 percent of the replacement value of a building or structure of similar size, design, type, and quality, provided that the code official may order a building or structure, for which the estimated cost of such repairs is 50 percent or less than such replacement value, to be repaired, or demolished and removed, if the degree of structural deterioration is in violation of this code or any other applicable laws and/ or regulations, and the owner has failed to correct the conditions by compliance dates ordered by the code official;

2. Demolished and removed, if the building or structure has been the subject of an emergency order to close pursuant to Section 109 of this code, and the building or structure has also been subject to two or more unauthorized entries in the preceding 12 months, and it has been determined that the building or structure is an attractive nuisance and presents a danger to the general public or to City staff who might be required to enter the building;

3. Repaired, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use is 50 percent or less than the replacement value of a building or structure of similar size, design, type and quality; or

4. Vacated and secured for future repair for up to one year in accordance with the minimum standards for securing vacant buildings in Appendix A of this code, if the conditions causing the building or structure to be unsafe or unfit for human habitation or other use is 50 percent or less than the replacement value of a building or structure of similar size, design, type and quality.

15.10.110.1.1 Replacement valuation. In estimating the replacement value of a building or structure under this section, the code official shall require the owner or owner’s authorized agent to provide cost estimates in accordance with the Square Foot Cost Estimating Method set forth in the “Residential Cost Handbook” Marshal and Swift, the latest available edition, or a cost estimating publication or method that the code official deems comparable.

15.10.110.1.2 Repair valuation. In estimating the cost of repairs, the code official shall apply the following standards:

1. Only the conditions causing the building, structure or portion thereof to be unfit for human habitation or other use shall be included in the cost estimate;

2. The owner or owner’s authorized agent shall determine all repair costs based on estimates calculated from the “Home-Tech Remodeling and Renovation Cost Estimator”, latest available edition, or a cost estimating publication or method that the code official deems comparable;

3. Repair estimates shall assume that all work will comply with the requirements of the current Building, Mechanical, Electrical, Plumbing, Energy and Fire Codes in effect in the City of Sunnyside as well as all other laws and regulations that apply to the repair;

4. Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials originally used in the structure. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the Square Foot Cost Estimating Method in the “Residential Cost Handbook” by Marshal and Swift, or a cost estimating publication or method that the code official deems comparable.

5. If the owner or owner’s authorized agent fails to provide cost estimates for repair or replacement of structures or premises in accordance with the cost estimating provisions in this section within the timeframe stated in the Notice of Violation and Order, the code official shall estimate such costs in accordance with the cost estimating provisions in this section or the code official may obtain cost estimates the cost of which shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

6. If the extent of damage to a building or structure or portion thereof cannot be ascertained from visual inspection, the code official shall assume that relative extent of damage or deterioration identified in the observable portion of the building or structure exists in the unobserved portions; and the condition or conditions which cause the building or structure to be unsafe or unfit for human habitation create a hazard to the public health, safety, or welfare that would exist even if the building or structure were vacated and closed to entry.

110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

110.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.

[Ord. 2022-21 § 1, 2022.]

15.10.111 Amendment to Section 111.

Section 111 of the 2018 International Property Maintenance Code is amended to read as follows:

111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Hearing Examiner, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

111.2 Hearing examiner. The hearing examiner shall be chosen by the City pursuant to Sunnyside Municipal Code 2.46.

111.2.1 Alternate hearing examiner. Alternate hearing examiner. The City may also have a hearing examiner pro tem in the event the hearing examiner is unable to hear an appeal.

111.3 Open hearing. Hearings before the hearing examiner shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

111.4. Procedure. Appeal hearings shall follow procedure outlined in Sunnyside Municipal Code 2.46.110—130 and 19.06.010—050.

111.5 Decision. The hearing examiner shall affirm, modify or reverse the decision of the code official in a written decision.

111.5.1 Records and copies. The decision of the hearing examiner shall be in writing. Copies of the decision shall be furnished to the appellant and to the code official.

111.5.2 Administration. The code official shall take immediate action in accordance with the decision of the hearing examiner.

111.6 Court review. Any party to the appeal shall have the right to appeal the hearing examiner’s decision to the appropriate court. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.

111.7 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals court.

[Ord. 2022-21 § 1, 2022.]

15.10.112.4 Amendment to Section 112.4.

Section 112.4 of the 2018 International Property Maintenance Code is amended to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall pay a fine of Two Hundred and Fifty Dollars ($250.00) for the first day, and Fifty dollars ($50.00) each day thereafter, for work that continues in violation of the work order.

[Ord. 2022-21 § 1, 2022.]

15.10.201.3 Amendment to Section 201.3.

Section 201.3 of the 2018 International Property Maintenance Code is amended to read as follows:

201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, uniform Plumbing Code, International Residential Code, Sunnyside Zoning Ordinance or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes.

[Ord. 2022-21 § 1, 2022.]

15.10.202 Amendment to Section 202.

Section 202 of the 2018 International Property Maintenance Code is amended to read as follows:

ABATE. To repair, replace, remove, paint over, 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 the code official determines appropriate in the interest of the general health, safety and welfare of the public. For the purposes of this chapter, when the city abates graffiti under Section 110, abate means only to paint over.

ANCHORED. Secured in a manner that provides positive connection.

APPROVED. Acceptable to the code official.

ATTRACTIVE NUISANCE. A nuisance which whether in or on a building, a building premises 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: broken or missing windows and doors; unsecured buildings or structures; abandoned wells; ice boxes or refrigerators with doors and latches; shafts; basements or other excavations; abandoned or inoperable vehicles or other equipment; structurally unsound fences or other fixtures; lumber; vegetation; or other debris.

BASEMENT. That portion of a building that is partly or completely below grade.

BATHROOM. A room containing plumbing fixtures including a bathtub or shower.

BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

CITY PROPERTY. Property owned by the city, including but not limited to, real and personal property, trees, utility poles, garbage cans and dumpsters.

CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative.

CONDEMN. To adjudge unfit for occupancy.

COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies of experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals.

DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.

DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property.

EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.

FRONT YARD. The open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.

GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

GRAFFITI. The unwanted defacing, damaging or destroying by painting by whatever means or marking of ink, chalk, dye, or other similar substances or placement of stickers or appliques on public or private buildings, structures or places.

GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

HAZARDOUS VEGETATION. Vegetation that is dry and combustible exceeding twelve inches in height which may cause a fire hazard to the immediate and surrounding areas. Hazardous vegetation can include, but is not limited to, trees, shrubs, grass, weeds, bushes, vines and other plant materials, including but not limited to clippings, fallen leaves or branches.

HEALTH OFFICER. The head of the Yakima Health District or their authorized deputies or representatives.

HISTORIC BUILDING. Any building or structure that is one or more of the following:

1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.

2. Designated as historic under an applicable state or local law.

3. Certified as a contributing resource within a National Register or state or locally designated historic district.

HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time.

IMPROVED SURFACE. A surface covered with gravel, cement, pavers, asphalt, brick, or other approved materials.

INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests.

INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

JUNK MOTOR VEHICLE. A vehicle that meets at least three of the four following requirements: (1) is three years old or older; (2) is extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, or missing wheels, tires, motor or transmission; (3) is apparently inoperable; or (4) has a fair market value equal only to the value of the scrap in it.

LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

NEGLECT. The lack of proper maintenance for a building or structure.

NUISANCE. A nuisance is: (1) a nuisance defined by statute or ordinance; (2) a nuisance at common law, either public or private; (3) an attractive nuisance; (4) hazardous vegetation; (5) uncleanness, unsanitary conditions, or whatever is dangerous to human life or detrimental to health; (6) overcrowding; (7) abandonment or vacancy; or (8) any violation of this code.

OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.

OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy.

OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON. An individual, corporation, partnership or any other group acting as a unit.

PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.

PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm).

PRIVATE CONTRACTOR. Any person with whom the city shall have duly contracted to abate a condition that is in violation of this code.

PROPERTY. Any land which is affixed, incidental or appurtenant to land, including, but not limited to, any business or residence, parking area, loading area, landscaping, building, fence or structure, or any separate part, unit or portion thereof.

PROPERTY MANAGER. Any person or entity who has a contract with an owner to manage real property.

RECREATIONAL VEHICLE. Any snowmobile, watercraft, golf cart, motor home, camper, camp trailer, all-terrain vehicle, or other vehicle in which the primary use is recreation and not everyday use.

REPEAT OFFENDER. An owner or tenant who has committed the same code violation more than one time in a 24 month period. The repeat violation occurs after the person has corrected an earlier violation of this code, the case has been abated and closed, and the person is found to have committed the same violation again.

ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

RUBBISH. Combustible and noncombustible waste materials, except garbage. The term shall include, but is not limited to: the residue from the burning of wood, coal, coke and other combustible materials; paper; rags; cartons; boxes; wood; excelsior; rubber; leather; tree branches; yard trimmings; tin cans; metals; mineral matter; glass; old rope; old iron, copper, tin and lead; empty bottles; sacks; parts of machinery; parts of stoves and other appliances; scrap metal of all kinds; abandoned or inoperable vehicles and other equipment; parts of vehicles; motor vehicle tires; furniture items and parts of furniture and appliance items, and parts or appliances intended for use inside a structure; materials and debris resulting from a fire including detached partially burned lumber; and other similar materials.

Exceptions:

1. Firewood that is stored and stacked in an approved manner, as set forth by state and local laws.

2. Storage of 12 or less motor vehicle tires stored in an approved manner.

SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do.

STRUCTURE. That which is built or constructed.

TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustain- able load reduces to 80 percent or less of the maximum strength.

UTILITY TRAILER. A licensed, nonmotorized vehicle, which is intended to be towed behind another vehicle.

VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work.

YARD. An open space on the same lot with a structure

[Ord. 2022-21 § 1, 2022.]

15.10.301.3 Amendment to Section 301.3.

Section 301.3 of the 2018 International Property Maintenance Code is amended to read as follows:

301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem, a nuisance, or adversely affect the public health or safety.

[Ord. 2022-21 § 1, 2022.]

15.10.301.4 Amendment to Section 301.4.

Section 301.4 of the 2018 International Property Maintenance Code is amended to read as follows:

301.4 Boarding or securing building or structures. Buildings or structures in violation of this code are required to be boarded up or otherwise secured from unwanted entry for public health or safety purposes or to mitigate an imminent danger shall be secured in accordance with Section 301.4.1.

301.4.1 Minimum Securing Standards. Exterior doors and windows and other openings that are not secured and may provide access that are within seven (7) feet of the adjacent ground level shall be secured from entry using minimum one-half inch nominal thickness exterior grade structural wood sheathing cut to fit the opening and fastened to the building. Fasteners shall be minimum one and one-half inch screws or other retractable fasteners able to adequately fasten such panels to the structure. Fasteners shall be spaced a minimum of six (6) inches on center around the perimeter of openings. Nothing in this section shall prevent the use of transparent plastic panels or metal panels in lieu of wood structural panels. Alternative methods or materials may be approved by the code official to meet the intent of this section. Securing methods in this section shall not be construed to provide a weather tight seal or otherwise prevent damage to the building or structure. Buildings or structures boarded up in accordance with this section.

[Ord. 2022-21 § 1, 2022.]

15.10.302.1 Amendment to Section 302.1.

Section 302.1 of the 2018 International Property Maintenance Code is amended to read as follows:

302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition and shall not constitute a nuisance. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition, so as not to constitute a nuisance, or contain rubbish or garbage in violation of this code.

[Ord. 2022-21 § 1, 2022.]

15.10.302.3 Amendment to Section 302.3.

Section 302.3 of the 2018 International Property Maintenance Code is amended to read as follows:

302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a state of repair and maintained free from hazardous conditions in accordance with the codes and ordinances of the City of Sunnyside.

[Ord. 2022-21 § 1, 2022.]

15.10.302.4 Amendment to Section 302.4.

Section 302.4 of the 2018 International Property Maintenance Code is amended to read as follows:

302.4 Weeds. Premises and exterior property shall be maintained free from hazardous vegetation in excess of 12 inches in height. Upon failure of the owner or agent having charge of a property to cut and destroy such vegetation after service of a notice of violation, they shall be subject to prosecution in accordance with section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, and after proper notification has been given to the owners (unless the conditions constitute an imminent danger), any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. Except that lots in excess of three (3) acres are limited to 24 inches in height.

[Ord. 2022-21 § 1, 2022.]

15.10.302.8 Amendment to Section 302.8.

Section 302.8 of the 2018 International Property Maintenance Code is amended to read as follows:

302.8 Motor vehicles.

302.8.1 Except as provided for in other regulations, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.

302.8.2 Parking in the front yard. No utility, recreational, or motor vehicle, and/ or utility trailer may be parked upon the front yard of a residence or business unless such vehicle or trailer is parked upon an improved surface driveway.

Exceptions:

1. This provision shall not apply to properties located within the area north of Viola, south of Alder, west of 1-82 and east of South 8th Street during the dates set forth for the operation of the Annual Central Washington State Fair and the Fourth of July celebration occurring on the Central Washington State Park Grounds.

2. This provision shall not apply to licensed motor vehicle repair, sales, storage or other approved vehicle-oriented businesses.

302.8.3 Unattended vehicles. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground is prohibited, unless, when unattended, the vehicle is enclosed in a garage, surrounded by a fence or screened from view and access in an approved manner by other means. Nothing in this section shall be construed to be an approval to store vehicles in an unlawful manner.

[Ord. 2022-21 § 1, 2022.]

15.10.304.2 Amendment to Section 304.2.

Section 304.2 of the 2018 International Property Maintenance Code is amended to read as follows:

304.2 Protective treatment. 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. Excessive peeling, flaking or chipped paint shall be eliminated and surfaces repainted. 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

[Ord. 2022-21 § 1, 2022.]

15.10.304.18.1 Amendment to Section 304.18.1.

Section 304.18.1 of the 2018 International Property Maintenance Code is amended to read as follows:

304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock

[Ord. 2022-21 § 1, 2022.]

15.10.307.1 Amendment to Section 307.1.

Section 307.1 of the 2018 International Property Maintenance Code is amended to read as follows:

307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.

Exceptions:

(1) Guards shall not be required where exempted by the adopted building code.

(2) Guards and handrails constructed in accordance with the adopted building code at the time of construction shall be maintained to original required specifications

[Ord. 2022-21 § 1, 2022.]

15.10.308.2.1 Amendment to Section 308.2.1.

Section 308.2.1 of the 2018 International Property Maintenance Code is amended to read as follows:

308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish to an approved disposal site

[Ord. 2022-21 § 1, 2022.]

15.10.308.3.1 Amendment to Section 308.3.1.

Section 308.3.1 of the 2018 International Property Maintenance Code is amended to read as follows:

308.3.1 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. Such garbage shall be removed from the premises in an approved manner in accordance with the ordinances of the City of Sunnyside

[Ord. 2022-21 § 1, 2022.]

15.10.309.1.1 Addition of Section 309.1.1.

Section 309.1.1 shall be added to the Sunnyside Municipal Code and supplement the 2018 International Property Maintenance Code to read as follows:

309.1.1 Verification of infestation. The City of Sunnyside does not inspect or verify the existence of infestation. The code official may utilize the health officer to verify an infestation, or may require the utilization of a pest control professional for such verification, at no expense to the City of Sunnyside

[Ord. 2022-21 § 1, 2022.]

15.10.309.2 Amendment to Section 309.2.

Section 309.2 of the 2018 International Property Maintenance Code is amended to read as follows:

309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure, regardless of whether the structure is owner-occupied or leased.

[Ord. 2022-21 § 1, 2022.]

15.10.402.2 Amendment to Section 402.2.

Section 402.2 of the 2018 International Property Maintenance Code is amended to read as follows:

402.2 Common halls and stairways. Every common hall, interior and exterior stairway, other than in one and two- family dwellings, shall be lighted at all times with not less than 1 footcandle (11 lux) at floors, landings and treads.

[Ord. 2022-21 § 1, 2022.]

15.10.404.6 Amendment to Section 404.6.

Section 404.6 of the 2018 International Property Maintenance Code is amended to read as follows:

15.10.404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 meters squared). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20. 4 meters squared). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 meters squared). These required areas shall be exclusive of the areas required by Items 2 and 3.

2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762mm) in front. Light and ventilation conforming to this code shall be provided.

3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

4. The maximum number of occupants shall be three.

5. Efficiency units shall not exist independently, but must be part of a single structure or planned development.

[Ord. 2022-21 § 1, 2022.]

15.10.502.5 Amendment to Section 502.5.

Section 502.5 of the 2018 International Property Maintenance Code is amended to read as follows:

502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the Uniform Plumbing Code. Except for periodic maintenance and repairs or cleaning, public access and use shall be provided to the required toilet facilities at all times during occupancy of the premises.

[Ord. 2022-21 § 1, 2022.]

15.10.505.1 Amendment to Section 505.1.

Section 505.1 of the 2018 International Property Maintenance Code is amended to read as follows:

505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Uniform Plumbing Code.

[Ord. 2022-21 § 1, 2022.]

15.10.602.2 Amendment to Section 602.2.

Section 602.2 of the 2018 International Property Maintenance Code is amended to read as follows:

602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65° F (18° C) in all habitable rooms, bathrooms, and toilet rooms during cold weather periods. Cooking appliances shall not be used, nor shall portable unvented fuel-burning or portable electric space heaters be used as a means to provide required heating.

[Ord. 2022-21 § 1, 2022.]

15.10.602.3 Amendment to Section 602.3.

Section 602.3 of the 2018 International Property Maintenance Code is amended to read as follows:

602.3 Heat supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling units or sleeping units on terms, whether expressed or implied, is required to furnish heat to the occupants thereof with an approved heat source during cold weather periods that will maintain a minimum temperature of 65° F (18° C) in all habitable rooms, bathrooms and toilet rooms.

[Ord. 2022-21 § 1, 2022.]

15.10.602.4 Amendment to Section 602.4.

Section 602.4 of the 2018 International Property Maintenance Code is amended to read as follows:

602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with an approved heat source that will maintain a minimum temperature of 65° F (18° C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

[Ord. 2022-21 § 1, 2022.]

15.10.604.1 Amendment to Section 604.1.

Section 604.1 of the 2018 International Property Maintenance Code is amended to read as follows:

604.1 Facilities required. Every occupied building shall be provided with an electrical system that is supplied by a commercially available source in compliance with the requirements of this section and Section 605.

[Ord. 2022-21 § 1, 2022.]