Chapter 19.24
HISTORIC DISTRICT – MINIMUM MAINTENANCE

Sections:

19.24.010    Short title.

19.24.020    Declaration of purpose.

19.24.030    Scope.

19.24.040    Enforcement.

19.24.050    Right of entry.

19.24.060    Minimum maintenance historic district revolving fund.

19.24.070    Definitions.

19.24.080    Substandard buildings, vacant lots, public ways.

19.24.010 Short title.

This chapter shall be known and may be cited as the “City of North Bend Minimum Maintenance Ordinance” and is referred to herein as “this chapter.” (Ord. 1113 § 1.01, 2001).

19.24.020 Declaration of purpose.

It is hereby found and declared that it is in the public interest of the city of North Bend to require minimum maintenance standards for all buildings, public ways, and other properties located within the city’s historic district to preserve and protect the city’s rural character, increase tourism and the economic vitality of all businesses within the historic district.

To achieve these purposes, the following minimum maintenance standards are established, and a building, structure, vacant lot, alley and/or public way which fails to meet such standards is declared to be “substandard.” (Ord. 1113 § 1.02, 2001).

19.24.030 Scope.

This chapter shall apply to the buildings, sheds, structures, signage, alley, parking areas, vacant lots and public ways within the geographic boundaries of the historic district in commercial North Bend designated a city landmark by the city of North Bend’s landmarks commission, July 27, 2000, as shown in the historic map, a copy of which is attached to the ordinance codified in this section as attachment A and which is incorporated herein by reference. (Ord. 1113 § 1.03, 2001).

19.24.040 Enforcement.

Violations of this chapter shall be subject to the enforcement provisions set forth in Chapter 1.20 NBMC. Buildings and other structures subject to this chapter may be abated under the provisions of Chapter 15.26 NBMC.

Nuisance violations of this chapter may be remedied pursuant to the provisions set forth in Chapter 8.08 NBMC. The city may also take any other legally permissible action deemed necessary to enforce this chapter.

The building official is hereby authorized to enforce this chapter. The building official is authorized and directed to adopt, promulgate, amend and rescind, in accordance with the municipal codes of North Bend as now or hereafter amended, administrative rules consistent with this chapter. (Ord. 1585 § 20, 2016: Ord. 1113 § 2.01, 2001).

19.24.050 Right of entry.

Upon presentation of proper credentials, the building official is authorized, with the consent of the owner, occupant or other person authorized to grant access to a building or property, or pursuant to a lawfully issued warrant, enter such building or property at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this chapter. Further, the building official shall inspect all buildings and/or premises on a basis of at least once annually, or more often as warranted by the property’s condition. The building inspector may coordinate inspections with the fire district’s annual fire inspections of buildings in the historic district.

No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand pursuant to a lawful warrant is made, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this chapter. (Ord. 1113 § 2.02, 2001).

19.24.060 Minimum maintenance historic district revolving fund.

There is hereby created in the city treasury a special fund designated as the “minimum maintenance historic district revolving fund,” from which fund shall be paid costs and expenses incurred by the city in connection with the repair, alteration or preservation of any substandard buildings, public ways, or other properties as defined by this chapter and ordered repaired, altered or preserved, and into which fund shall be deposited:

A. Such sums as may be recovered by the city as reimbursement for costs and expenses of repair, alteration or improvement of historic buildings, structures, vacant lots and public ways found to be substandard;

B. Such sums as may be recovered by the city as reimbursement for costs, including incidental expenses, of correcting the violation as set forth in NBMC 1.20.110(D);

C. Such other sums as may by ordinance be appropriated to or designated as revenue of such fund; and

D. Such other sums as made by gift, bequest or grants be deposited in such fund. (Ord. 1585 § 21, 2016: Ord. 1113 § 2.03, 2001).

19.24.070 Definitions.

For the purpose of this chapter, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this section. Words used in the singular include the plural and plural the singular.

“Building” means any structure used or intended for supporting or sheltering any use or occupancy.

“Building official” means the inspector of buildings or a duly authorized designee.

“Owner” means any person who, alone or jointly or severally with others, has title or interest in any building, structure, vacant lot and/or public way, with or without accompanying actual possession thereof, and includes any person who as agent, or executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building, structure, vacant lot and/or public way.

“Person” means any individual, firm, corporation, association, partnership, or public entity and their agents or assigns.

“Public way” means any street, highway, alley, structure or other property that is under public ownership.

“Vacant land” means any legally established single parcel of land. (Ord. 1113 § 3, 2001).

19.24.080 Substandard buildings, vacant lots, public ways.

The features of any building or structure qualified for landmarking designation by the King County cultural and heritage division within the historic district of commercial North Bend shall be preserved by the owner and/or the person in charge against decay and deterioration and kept free from structural defects. The owner or person in charge shall repair, in accordance with the Washington State Historical Building Code as adopted by the city of North Bend, King County landmarks and heritage design review as referenced in Chapter 19.20 NBMC, building permits and all appropriate codes as required by the city of North Bend, such features, if they are found to be deteriorating, or if their condition is contributing to deterioration.

Any building in which there exists any of the following conditions to the degree that the preservation of the building or the safety, health or welfare of the public is substantially endangered is hereby declared for the purposes of this chapter to be a “substandard historic building”:

A. Buildings or structures which have any or all of the conditions or defects:

1. Whenever a footing or foundation is or is in the process of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or any other cause is likely to partially or completely collapse.

2. Whenever a flooring or floor support is or is in the process of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building or any other cause is likely to partially or completely collapse.

3. Members of walls, partitions or other vertical structural supports and members of ceilings, roofs, ceiling and roof supports, or other horizontal structural members has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance.

4. Any fireplaces, chimneys, exterior stairs, porches, handrails, window and door frames, cornices, wall facings and other architectural details, appurtenances or ornamentation on the exterior is not of sufficient strength or stability, or is not so anchored, attached or fastened in place.

B. Defective or inadequate weather protection that causes a detrimental effect(s) upon the exterior and/or interior, including but not limited to the following:

1. Crumbling, broken, loose, or falling interior wall or ceiling covering;

2. Broken or missing doors and windows;

3. Deteriorated, ineffective, or lack of waterproofing of foundations or floors;

4. Deteriorated, ineffective, or lack of exterior wall covering, including lack of paint or other approved protective coating;

5. Deteriorated, ineffective, or lack of roof covering;

6. Broken, split, decayed or backed exterior wall or roof covering.

C. Any condition as to constitute a public nuisance as defined in NBMC 8.08.040, causing such conditions to exist that the life, health, property or safety of the public or its occupants are endangered. (Ord. 1113 § 4.01, 2001).