Chapter 19.50
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
19.50.020 Building official designated public officer.
19.50.030 Unfit dwelling, building or structure – Criteria.
19.50.040 Notice of complaint – Service – Pre-determination hearing.
19.50.050 Order to repair or remove unfit dwelling, building, or structure.
19.50.060 Administrative appeal.
19.50.090 Assessment – Lien created.
19.50.010 Findings.
The Mount Vernon city council finds that there exists within the incorporated limits of the city dwellings that are unfit for human habitation, and buildings, structures and premises or portions thereof that are unfit for other uses due to conditions that are inimical to the health and welfare of city residents and that pursuant to Chapter 35.80 RCW the city has adopted this chapter relating to such dwellings, buildings, structures, or premises and hereby is authorized to exercise any and all powers granted under Chapter 35.80 RCW as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. This chapter shall not abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. This chapter shall not impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Ord. 3440 § 1, 2008).
19.50.020 Building official designated public officer.
Pursuant to RCW 35.80.030(1), the city’s building official is hereby designated or appointed as the public officer who shall exercise the powers under this chapter and may after a preliminary investigation of any dwelling, building, structure, or premises, find that it is unfit for human habitation or other use. (Ord. 3440 § 1, 2008).
19.50.030 Unfit dwelling, building or structure – Criteria.
The building official may determine that a dwelling, building, structure or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of such municipality. Such conditions may include the following, without limitations: Defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. The building official shall use minimum standards covering such conditions set forth in the city’s development regulations including but not limited to MVMC Titles 8, 15, 16, 17 and any model code adopted by reference to guide the building official in determining the fitness of a dwelling for human habitation, or building, structure, or premises for other use shall set forth in the city’s. Those standards shall comply with the requirements set forth in RCW 35.80.030(1)(e) before the building official may make such a determination under this chapter. (Ord. 3440 § 1, 2008).
19.50.040 Notice of complaint – Service – Pre-determination hearing.
If, after investigation, the building official finds that any dwelling, building, structure or premises unfit for human habitation or other use he or she shall cause a complaint to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the auditor’s office of the county in which such property is located, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence, and the building official makes 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 complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. Such complaint shall contain a notice that a hearing will be held before the building official, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 3440 § 1, 2008).
19.50.050 Order to repair or remove unfit dwelling, building, or structure.
If, after the required hearing set forth in MVMC 19.50.040, the building official determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, he or she shall state in writing findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in MVMC 19.50.040, and shall post in a conspicuous place on the property, an order that:
A. Requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth as required in MVMC 19.50.030; or
B. Requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located. (Ord. 3440 § 1, 2008).
19.50.060 Administrative appeal.
The city’s hearing examiner as established by Chapter 2.34 MVMC shall serve as the municipal agency to serve as the appeals commission pursuant to RCW 35.80.030(1)(g). The owner or any party in interest, within 30 days from the date of service upon the owner and posting of an order issued by the building official under MVMC 19.50.050, may file an appeal to be heard by the city’s hearing examiner. The procedures set forth in MVMC 19.15.040 shall be followed to assure a prompt and thorough review of matters submitted to the hearing examiner, and such rules of procedure shall include the following, without being limited thereto:
A. All matters submitted under this chapter to the hearing examiner must be resolved by the hearing examiner within 60 days from the date of filing therewith; and
B. A transcript of the findings of fact of the hearing examiner shall be made available to the owner or other party in interest upon demand.
All findings and orders of the hearing examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the building official, and shall be subject to review only in the manner and to the extent provided in MVMC 19.50.070. (Ord. 3440 § 1, 2008).
19.50.070 Judicial appeal.
Pursuant to RCW 35.80.030(2), any person affected by an order issued by the hearing examiner pursuant to MVMC 19.50.060 may, within 30 days after the posting and service of the order, petition to the superior court for an injunction restraining the city from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo. (Ord. 3440 § 1, 2008).
19.50.080 Abatement.
Pursuant to the authority granted under RCW 35.80.030, if the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the building official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished. (Ord. 3440 § 1, 2008).
19.50.090 Assessment – Lien created.
The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the city, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include:
A. The amount of relocation assistance payments that a property owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085; and
B. All penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.
Pursuant to RCW 35.80.030(1)(h), upon certification to the finance director of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the municipality. If the dwelling, building, structure, or premises is removed or demolished by the city, the city shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board or officer, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes as required under RCW 35.80.030(1)(h). (Ord. 3440 § 1, 2008).