Chapter 15.35


15.35.010    Definitions.

15.35.015    Relocation assistance.

15.35.020    Violations.

15.35.025    Filing of complaint.

15.35.030    Civil penalty.

15.35.035    Criminal penalty.

15.35.040    Authority to make rules.

15.35.010 Definitions.

The following words and phrases used in this chapter shall have the meanings set forth in this section:

A. “Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to the Horizontal Property Regimes Act (Chapter 64.32 RCW) or the Condominium Act (Chapter 64.34 RCW).

B.  “Condominium conversion notice” means the notice required by the Condominium Act (RCW 64.34.440) to be given to residential tenants and subtenants in real property to be converted to condominium ownership.

C. “Conversion condominium” means a condominium (1) that, at any time before creation of the condominium, was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, or (2) that, at any time before the conveyance of, or acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was lawfully occupied by a residential tenant of a declarant or an affiliate of a declarant and such tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever event first occurs, that the unit was part of a condominium and subject to sale. “Conversion condominium” shall not include a condominium in which, before the effective date of the ordinance codified in this chapter, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant.

D. “Declarant” means any person or group of persons acting in concert who:

1. Executes as declarant the document, however denominated, that creates a condominium by setting forth the information required by the Condominium Act (Chapter 64.34 RCW); or

2. Reserves or succeeds to any special declarant rights under such a document.

E. “Developer” means any person, firm, partnership, association, joint venture or corporation or any other entity or combination of entities or successors thereto who undertake to convert, sell, or offer for sale units in a condominium. The term “developer” shall include the developer’s agent and any other person acting on behalf of the developer.

F. “Director” means the City of Kenmore director of community development or the director’s designee.

G. “Owners’ association” means the association formed by owners of units in a condominium for the purpose of managing the condominium.

H. “Person” means any individual, corporation, partnership, association, trustee or other legal entity.

I. “Tenant” means any person who occupies or has a leasehold interest in a rental unit under a lawful rental agreement, whether oral or written, express or implied.

J. “Unit” means a physical portion of a condominium designated for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d). [Ord. 07-0274 § 1.]

15.35.015 Relocation assistance.

A. Relocation assistance of $500.00 per unit shall be paid to tenants and subtenants of units who elect not to purchase a unit in a conversion condominium and who are in lawful occupancy for residential purposes of a unit on the date of the condominium conversion notice and whose monthly household income from all sources, on the date of the condominium conversion notice, was less than an amount equal to 80 percent of the monthly median income for comparably sized households in the Seattle-Everett Standard Metropolitan Statistical Area, as defined and established by the United States Department of Housing and Urban Development.

B. The household size of a unit shall be based on the number of persons actually in lawful occupancy of the unit on the date of the condominium conversion notice.

C. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance.

D. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates the unit and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance. [Ord. 07-0274 § 1.]

15.35.020 Violations.

It shall be a violation of this chapter for any person to fail or refuse to comply with the provisions of this chapter. [Ord. 07-0274 § 1.]

15.35.025 Filing of complaint.

A. Any person subjected to any violation of the provisions of this chapter may file a complaint with the director. The director is authorized and directed to receive complaints and conduct such investigations as are deemed necessary.

B. Whenever it is determined that there has been a violation of this chapter, the director is authorized, at the director’s discretion, to follow one or more of the following procedures:

1. Attempt to mediate the matter by conference or otherwise and secure a written mediation agreement;

2. Refer the matter to the city attorney for civil prosecution; or

3. Refer the matter to the city attorney for criminal prosecution. [Ord. 07-0274 § 1.]

15.35.030 Civil penalty.

A. Any person who fails or refuses to comply with the provisions or requirements of this chapter shall be subject to enforcement action and civil penalty per Chapter 1.20 KMC.

B. The director shall notify the city attorney in writing of the name of any person subject to the penalty. The city attorney shall, with the assistance of the director, take appropriate action to collect the penalty. [Ord. 07-0274 § 1.]

15.35.035 Criminal penalty.

Any person who violates any provision of this chapter, fails to comply with the provisions of this chapter or who deliberately attempts to avoid the application of this chapter and who has had a prior civil judgment entered against him or her shall, upon conviction of the violation, be fined a sum not to exceed $500.00. Each day’s violation or failure to comply shall constitute a separate offense. [Ord. 07-0274 § 1.]

15.35.040 Authority to make rules.

The director is authorized to adopt, promulgate, amend and rescind in accordance with the administrative rules consistent with the provisions of this chapter and necessary to carry out the duties of the director under this chapter. [Ord. 07-0274 § 1.]