CHAPTER 1
BUILDING CODES AND REGULATIONS
SECTION:
10-1-1: International Building Code; Fees
10-1-2: International Residential Code
10-1-3: International Fire Code
10-1-4: International Mechanical Code; Fees
10-1-5: National Electrical Code And Regulations
10-1-6: Uniform Plumbing Code; Fees
10-1-7: International Property Maintenance Code
10-1-8: International Energy Conservation Codes
10-1-10: Building Official; Enforcement
10-1-11: Storm Or Disaster Damage, Emergency Repairs
10-1-12: Building Permits And Fees
10-1-13: Copies Of Adopted Codes On File
10-1-15: Abatement Of Dangerous Buildings
10-1-1 INTERNATIONAL BUILDING CODE; FEES:
A. Code Adopted: Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international building code is hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code by reference; provided that whenever the provision of the international building code is inconsistent with or conflicts with the provisions of title 13, "Flood Control", of the city code, title 13 controls. Any dispute over inconsistent or conflicting provisions among the codes and statutes shall be resolved by the floodplain administrator in consultation with legal counsel.
B. Building Fees: Fees for building permits are designated in the city of Roy fee schedule, pursuant to resolutions adopted by the city council and filed with the city clerk-treasurer, which shall be made available to the public for review upon request. The additional fee for plan review shall be sixty five percent (65%) of the building permit fee. Inspections outside of normal business hours, additional plan review required by changes, additions or revisions to plans, and use of outside consultants shall all be charged at the total cost to the city, including administrative and overhead costs. (Ord. 891, 6-10-2013)
10-1-2 INTERNATIONAL RESIDENTIAL CODE:
Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international residential code, is hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code, by reference. (Ord. 891, 6-10-2013)
10-1-3 INTERNATIONAL FIRE CODE:
Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international fire code is hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code, by reference. (Ord. 891, 6-10-2013)
10-1-4 INTERNATIONAL MECHANICAL CODE; FEES:
A. Code Adopted: Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international mechanical code is hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code, by reference.
B. Permit Fees: The schedule of mechanical permit fees is designated in the city of Roy fee schedule pursuant to resolutions adopted by the city council and filed with the city clerk-treasurer, which shall be made available to the public for review upon request. Inspections outside of normal business hours; additional plan review required by changes, additions or revisions to plans; and use of outside consultants shall all be charged at the total cost to the city, including administrative and overhead costs. (Ord. 891, 6-10-2013)
10-1-5 NATIONAL ELECTRICAL CODE AND REGULATIONS:
A. Code Adopted: Pursuant to Revised Code Of Washington 35A.12.140, the city adopts the provisions of Revised Code Of Washington 19.28 and WAC 296-46B, as now enacted or hereafter amended, by reference. (Ord. 891, 6-10-2013)
B. Removal Of Unused Conductors: Electrical conductors not in use shall be removed unless otherwise approved by the building official.
C. Plans And Specifications: Duplicate sets of printed documents of all proposed electrical installations shall be submitted to the building official for review. Such documents shall include the following:
1. All electric panel locations.
2. Exit signs and exit illumination.
D. Meter Identification: Where more than one electric meter is used on a building, all meters must be identified by permanently indicating the apartment, occupancy or area served by each meter.
E. Inspectors Appointed: The state of Washington electrical inspectors, department of labor and industries, are appointed as the electrical inspectors for the city. All forms and notices required for the administration of the code and rules and regulations shall be furnished by the state of Washington electrical inspectors, department of labor and industries. All such inspectors shall meet the requirements of Revised Code Of Washington 19.28.321. (Ord. 798, 7-9-2007)
F. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this section, or the national electrical code, or the department of labor and industries electrical inspection section "Laws, Rules And Regulations For Installing Electrical Wires And Equipment", or its application to any person or circumstance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this section. (Ord. 482, 7-10-1995; amd. Ord. 798, 7-9-2007)
10-1-6 UNIFORM PLUMBING CODE; FEES:
A. Code Adopted: Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the uniform plumbing code is hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code, by reference.
B. Permit Fees: The fees which shall apply to the issuance of plumbing permits, the purchase of plumbing units or the review of plumbing plans are designated in the city of Roy fee schedule pursuant to resolutions adopted by the city council and filed with the city clerk-treasurer, which shall be made available to the public for review upon request. Inspections outside of normal business hours; additional plan review required by changes, additions or revisions to plans; and use of outside consultants shall all be charged at the total cost to the city, including administrative and overhead costs. (Ord. 891, 6-10-2013)
10-1-7 INTERNATIONAL PROPERTY MAINTENANCE CODE:
A. Code Adopted: Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international property maintenance code, published by the International Code Council, as now enacted or hereafter amended, is hereby adopted by this reference. (Ord. 891, 6-10-2013)
10-1-8 INTERNATIONAL ENERGY CONSERVATION CODES:
Effective July 1, 2013, pursuant to Revised Code Of Washington 35A.12.140, the international energy conservation code, commercial, and the international energy conservation code, residential, are hereby adopted as now enacted or hereafter amended, and as adopted and amended by the state of Washington and published in the Revised Code Of Washington and the Washington administrative code, by reference. (Ord. 891, 6-10-2013)
10-1-9 VIOLATIONS:
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted, and upon conviction of any such violation said person shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a term not exceeding ninety (90) days, or by both such fine and imprisonment. (Ord. 891, 6-10-2013)
10-1-10 BUILDING OFFICIAL; ENFORCEMENT:
The building regulations of the city shall be administered and enforced by the building official of the city. The mayor may appoint an individual to fill the position, or the building official’s duties may be performed by contract approved by the city council. (Ord. 189, 7-14-1975; Ord. 963, 5-29-2018)
10-1-11 STORM OR DISASTER DAMAGE, EMERGENCY REPAIRS:
The following policy concerning emergency repairs for storm or disaster damage is hereby established for the city:
A. Delay In Obtaining Building Permit: Temporary emergency repairs for damages caused by a storm or other disaster may be made without applying for and obtaining a building permit; provided, however, that an application for a building permit for the repairs shall be made within thirty (30) days from the date of the storm or disaster.
B. Authority To Waive Permit Fees: The mayor and/or building official shall have the authority to waive any building permit fees for the repair of damages caused by a storm or other disaster. (Ord. 500, 7-8-1996)
10-1-12 BUILDING PERMITS AND FEES:
A. Permit Required: No person, firm or corporation shall hereafter erect or construct, or proceed with the erection or construction of, nor add to, enlarge, move, improve, alter, repair, convert, extend or demolish, any building or structure within the corporate limits of the city or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the city clerk-treasurer, except that ordinary general maintenance work may be performed on any building or structure without a building permit. The floodplain administrator shall review permit applications to determine whether title 13, "Flood Control," applies. No permit shall issue that is not in conformance with title 13, "Flood Control", of this code. Whenever any provision of the building code is inconsistent with or conflicts with a provision of title 13, "Flood Control," title 13 controls. Any dispute over inconsistent or conflicting provisions between the building code and title 13 shall be resolved by the floodplain administrator in consultation with legal counsel.
B. Application For Permit: Application for building permits shall be made with the city clerk-treasurer on blank application forms to be furnished by the city for that purpose. All such applications shall show the nature and estimated value of the work proposed and shall include a description of the land involved, and shall be accompanied by plans and specifications or drawings and plot plan where pertinent, sufficient to readily identify and definitely locate the proposed building or work, and, if title 13 applies, all information required thereunder; provided, that the city clerk-treasurer may issue permits for minor or unimportant work without plans, specifications or plot plan; and further provided, that no permit shall be issued without review by the floodplain administrator to determine applicability of title 13, and approval by the floodplain administrator if title 13 applies. Whenever any provision of this section is inconsistent with or conflicts with title 13, "Flood Control," title 13 controls. Any dispute over inconsistent or conflicting provisions between the building permit regulations and title 13 shall be resolved by the floodplain administrator in consultation with legal counsel.
C. Permit Issuance Or Denial: The city clerk-treasurer is hereby authorized to issue building permits upon receipt of proper applications therefor and after payment of the appropriate fee(s) set forth in the city of Roy fee schedule, where he is satisfied that all the requirements of city ordinances or applicable laws of the state of Washington have been met. Whenever the city clerk-treasurer for any reason refuses to issue a building permit, the applicant may request that his application be considered by the city council at its next regular meeting, and the council may issue or deny a permit by resolution.
D. Commencement Of Work: Work covered by any building permit shall be commenced within ninety (90) days from the date of issuance of the permit, and if not commenced within that period, the building permit shall be considered as automatically revoked; provided, that the applicant may have such permit reinstated at any time within sixty (60) days after such revocation, upon payment of a fee equal to one-half (1/2) of the original permit fee therefor, or four hundred dollars ($400.00), whichever is less, provided no changes have been made, or will be made, in the original plans and specifications for such work.
E. Failure To Complete Work: In the event the building or work authorized by any building permit is not completed within one (1) year from the date of issuance thereof, or if such work is commenced then suspended or abandoned for a period of six (6) consecutive months or longer, such permit shall be considered to have expired. To reactivate a permit after permit expiration for the sole purpose of performing a final inspection for a permit that previously had all required inspections approved other than the final inspection, a fee shall be paid in the amount set forth in the city of Roy fee schedule. To otherwise reactivate a permit after expiration, if within one (1) year of expiration, the permit fee shall be one-half (1/2) of the amount required for a new permit, or four hundred dollars ($400.00), whichever is less, provided no changes have been made, or will be made, in the original plans and specifications for such work. To reactivate a permit more than one (1) year after expiration, the fee shall be the amount(s) required for a new permit.
F. Permit For Temporary Structures: Building permits for temporary structures may be issued which may limit the time during which such structure may stand and provide that, at the expiration of such time, such structure shall be torn down, and may be limited upon such other terms and conditions as the city may impose; provided, that all applications for such permits shall be referred to the city council and may not be issued by the city clerk-treasurer without prior council approval.
G. Garage Or Off-Street Parking: No building permit shall be issued which authorizes the construction of any building to be used in whole or part for human habitation unless provision for a garage or adequate off-street parking facilities are made.
H. Investigation Fee: Whenever any work for which a permit is required by this code has been commenced without first obtaining such permit, an investigation fee shall be paid in an amount equal to the permit fee for such project, in addition to the required plan review and permit fees. The building official shall waive the investigation fee when credible evidence exists which demonstrates that the unpermitted activity occurred without the current property owner’s knowledge and occurred prior to their ownership of the property in question.
I. Stop Work Fee: In addition to the investigation fee, a fee set forth in the city of Roy fee schedule is established for issuing a stop work notice.
J. Reinspection Fee: Whenever an inspection is requested but the project is not yet ready for inspection, or if access to the site is prevented, or if temporary silt and erosion control measures are not in place, a fee shall be paid as set forth in the city of Roy fee schedule.
K. Fee Refunds: The city clerk-treasurer may authorize the refunding of any fee paid which was erroneously paid or collected. The city clerk-treasurer may authorize the refunding of not more than eighty percent (80%) of the fee paid for a permit issued in accordance with this code when no work has been performed by the building official, provided the permit is not expired. The city clerk-treasurer may authorize the refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any review is performed.
L. Penalty: Violation of any of the provisions of this section is hereby declared to be a misdemeanor, and any person convicted thereof shall be subject to penalty as provided in section 1-4-1. (Ord. 91, 4-10-1961; amd. 2006 Code; Ord. 857, 9-12-2011; Ord. 963, 5-29-2018)
10-1-13 COPIES OF ADOPTED CODES ON FILE:
At least one copy of the various codes adopted by reference in this chapter shall be and remain on file in the office of the city clerk-treasurer for use and examination by the public. (2006 Code)
10-1-14 FIRE INSPECTIONS:
A. The city building inspector, or other fire official or agency contracted by the city, shall perform fire and life safety inspections of commercial occupancies as required by the IFC and all pertinent regulations, including timeliness, as they are now enacted or hereafter amended including amendments to its title.
B. There is hereby imposed on the business a fee equal to the amount billed to the city by the contracting official or agency per contract for all inspections, reinspections and other contractor fees plus a city administrative fee of thirty dollars ($30.00) per invoice billed by the city; provided, however that in the case wherein the city building inspector conducts said inspections, the bill shall be based on the calculated hourly wage of the inspector multiplied by the number of hours spent in each inspection and reinspection plus an administrative fee of thirty dollars ($30.00) per invoice billed by the city.
C. Inspections shall be conducted between the hours of eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. Any inspection outside of that time frame shall be known as an after hours inspection. After hours inspections shall be authorized by the mayor or the police chief when a business requests this service in writing to the mayor and the request is granted, or when the police department has found a violation of the IFC that is an immediate threat to the health or safety of the public. Such after hours inspections shall result in extra fees, the calculation of which an owner may learn by contacting the city clerk-treasurer.
D. Fees are due within fifteen (15) days after the date of an invoice issued by the city clerk-treasurer. Fees remaining unpaid after fifteen (15) to twenty nine (29) days shall incur a late charge of twenty five dollars ($25.00). Fees remaining unpaid after thirty (30) to forty four (44) days shall incur a late charge of forty five dollars ($45.00). Fees remaining unpaid after forty five (45) or more days shall incur a late charge of eighty five dollars ($85.00). Failure to pay the fee shall be a violation of this subsection subject to all penalties available to the city and a notice of violation may be issued at any time after fifteen (15) days from the date of an invoice issued by the city clerk-treasurer.
E. The business owner, as named on the city business license, state license, or, if the above regulatory bodies have no information, the property owner, shall be responsible for any and all remediations, payments of fees, and violations under this section.
F. Violation of any of the provisions of this section is a gross misdemeanor. Any owner of a pertinent business convicted of a violation of this section may be punished by a fine not to exceed one thousand dollars ($1,000.00), imprisonment not to exceed one year, or both fine and imprisonment. Penalties or punishments provided in this section shall be in addition to all other penalties provided by law. (Ord. 886, 4-8-2013)
10-1-15 ABATEMENT OF DANGEROUS BUILDINGS:
A. Purpose: It is the intent of this section to clarify and strengthen the procedures for abating building nuisances, particularly unsafe or unfit premises, in addition to dwellings, buildings and other structures, modeled after the existing provisions of chapter 35.80 RCW. Provisions of this section relating to "dwellings" or "structures," singly or in combination, include all of those terms and also the term "premises," unless the context clearly requires a more restricted meaning.
B. Nuisance Declared: Buildings, dwellings, structures and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate drainage, or overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the city, are declared to be public nuisances. All unsafe or unfit buildings, dwellings, structures and premises as defined in this section are declared to be public nuisances.
C. Definitions:
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ABATE: |
To repair, replace, remove, destroy, vacate, close or otherwise remedy a condition which constitutes a violation of this section by such means and in such a manner and to such an extent as is required or permitted by this section, as determined by the enforcement officer or other authorized official. |
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BUILDING CODE OR INTERNATIONAL BUILDING CODE: |
Each means and includes the building code and related codes adopted by reference in this chapter. |
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BUILDING MATERIAL: |
Means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials. |
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CITY: |
The city of Roy. |
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ENFORCEMENT OFFICER AND BUILDING INSPECTOR: |
Each has the same meaning as the mayor or council’s designee authorized to enforce this chapter. |
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NOTICE OF ABATEMENT OR NOTICE TO ABATE: |
A notice to abate unsafe or unlawful conditions as provided in this section. |
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OWNER: |
Means and includes, without limitation, any agent, lessee, owner, tenant or other person occupying or having charge or control of any premises. An owner or agent is deemed to have control if he or she has actual or constructive knowledge of the maintenance upon the premises of any nuisance as defined in this section. |
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PERSON: |
Means and includes, without limitation, individuals, firms, partnerships, corporations, and all associations of natural persons, whether acting by themselves or by any agent or employee. |
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PREMISES: |
Means and includes any structure, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland, within the territorial limits of the city. |
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PROPERTY: |
Unless otherwise defined or modified, includes premises and/or structures, as required by its context, and may include personal property if required by its context. |
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STRUCTURE: |
Means and includes any dwelling, house, shop, stable, building or other structure. |
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UNSAFE OR UNFIT: |
Includes, without limitation, any of the conditions described in RCW 35.80.030 as now enacted or hereafter amended. "Unsafe or unfit" further describes, without limitation, any structures or premises which are unfit for human habitation or which are unfit for the purpose or purposes for which they are used or other uses, due to decay, dilapidation, disrepair, damage by fire or the elements, structural defects, defects increasing the hazards of fire, incendiarism, accidents, or other calamities, inadequate ventilation, uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding; or due to other conditions which are inimical to the health, safety or welfare of the residents of the city. |
D. Enforcement Officer—Designated: The enforcement officer of the city, as defined in this section, is designated and appointed to carry out the duties and exercise powers assigned to the building inspector or enforcement officer by this section.
E. Enforcement Officer—Powers: The enforcement officer is empowered and authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. These powers shall include, but are not limited to, the following, and are in addition to others herein granted:
1. To determine, pursuant to standards prescribed by the building code, which dwellings within the city are unfit for human habitation;
2. To determine, pursuant to standards prescribed by the building code, which buildings, structures, or premises are unfit for other use;
3. To administer oaths and affirmations, examine witnesses and receive evidence; and
4. To investigate the dwelling or other property or use conditions in the city and to enter upon premises for the purpose of making examinations when the officer has reasonable grounds for believing that said premises are unfit for human habitation, or for other use; provided, that such entry shall be made in compliance with the provisions below relating to entry upon property, and warrants for entry, in all respects, and also shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
a. Whenever there is reasonable cause to believe there exists a public nuisance in any building or upon any premises within the jurisdiction of the city, the enforcement officer may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance; provided, that except in an emergency situation constituting imminent danger to life or property or when consent to the entry has otherwise been obtained from the occupant of the building or premises, or from the owner if the building or premises is unoccupied, he or she shall first give both the owner and occupant, if they can be located after reasonable effort, twenty-four (24) hours’ written notice of the enforcement officer’s intention to inspect or otherwise carry out his or her duties. The notice shall state that the property owner or occupant has the right to refuse entry and that, in the event such entry is refused, entry may be made only upon the issuance of an appropriate writ or warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, or cannot be located after reasonable effort, the enforcement officer may seek an appropriate writ or warrant or other assistance from any court of competent jurisdiction in obtaining such entry.
b. Whenever there is reasonable cause to believe there exists a public nuisance in any building or upon any premises within the jurisdiction of the city, the city or any of its authorized officials may apply for a warrant authorizing the entry upon the property for that purpose, if permission to enter has been refused or if the owner cannot be found or reasonably ascertained.
c. The application for a warrant shall be supported by an affidavit or the testimony of the enforcement officer intending to enter upon the property, stating his or her office, purpose and authority to so enter, the owner’s or occupant’s unavailability or refusal to permit such entry, the work, action or other activity to be conducted upon the property and by whom and approximately at what time it will be conducted.
d. If the court finds just cause for the issuance of the warrant, it shall subscribe the same with a return date of not more than ten (10) days following completion of the activity to be conducted upon the property.
e. Nothing in this subsection is intended to limit, restrict or otherwise affect the right of officers or agents of the city to enter upon private or public property for any lawful purpose, if otherwise legally permissible.
F. Enforcement Officer—Determination Of Dangerous Building: The enforcement officer may determine that a dwelling, building, structure or premises is unfit for human habitation or other use if he 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, or the occupants of neighboring dwellings or other residents of the city. Such conditions may include but shall not be limited to the following 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 standards covering such conditions are those set forth in the International Building Code as now enacted or hereafter amended.
G. Standards For Determination: The determination of whether a dwelling, building or structure shall be repaired or demolished shall be based on the following standards:
1. The degree of structural deterioration of the dwelling, building or structure; or
2. The ratio that the estimated cost of repair bears to the fair market value of the dwelling, building or structure.
H. Complaint—Notice Of Hearing: If, after a preliminary investigation of any dwelling, building, structure or premises, the enforcement officer finds that it is unfit for human habitation or other use, as defined in this section, the enforcement officer shall cause 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 Pierce County, and shall post in a conspicuous place on such property, a complaint stating in what respect said building, dwelling, structure or premises is unfit for human habitation or other use. If the whereabouts of such person is unknown and the same cannot be ascertained by the enforcement officer in the exercise of reasonable diligence, and said officer shall make an affidavit to that effect, then the serving of said complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in a legal newspaper published in the city or, in the absence of the existence of such legal newspaper, it shall be posted in three (3) public places in the city. Such complaint shall contain a notice that a hearing shall be held before the enforcement officer at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the service of said complaint, or, in the event of publication or posting, not less than fifteen (15) days nor more than thirty (30) days from the date of first publication and posting, 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 fixed in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in the hearings before the enforcement officer. A copy of such complaint shall also be filed with the auditor of Pierce County and such filing of said complaint or order shall have the same force and effect as other lis pendens notices provided by law.
I. Service Of Order: If, after the hearing as set forth above, the enforcement officer determines that the dwelling is unfit for human habitation, or the building, structure or premises is unfit for other use, it shall be stated in the officer’s written findings of fact in support of such determination, and said findings of fact shall issue and be served upon the owner or party of interest thereof, as provided in subsection H of this section, and the officer shall post in a conspicuous place on said property, an order which:
1. Requires the owner or party in interest, within the time specified in the order, to repair, alter or improve said dwelling, building, structure or premises to render it fit for human habitation, or for further 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 subsection G of this section; or
2. Requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building or structure, if this course of action may be deemed proper on the basis of such standards. If no appeal is filed, a copy of such order will be filed with the auditor of Pierce County.
J. Appeal: The owner or other party in interest, within thirty (30) days from the date of service upon the owner and posting an order issued by the enforcement officer under the provisions of subsection I of this section, may file an appeal with the city council. The findings and orders of the city council shall be reported in the same manner and shall bear the same legal consequences as if issued by the building inspector or enforcement officer and shall be subject to review only in the manner and to the extent provided in subsection K of this section.
K. Petition For Injunction: Any person affected by an order issued by the city council pursuant to subsection J of this section may, within thirty (30) days after posting and service of the order, petition to the superior court of Pierce County for such relief as he may be entitled.
L. Abatement By City: 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 enforcement officer or the city council may direct or cause such dwelling, building, structure or premises to be repaired, altered, improved, vacated, removed, or demolished. Any entry upon unoccupied public or private property by the city of Roy for such abatement, or other enforcement action under this section, except for emergencies, shall be made in compliance with the provisions of subsection E of this section relating to entry upon property, and warrants for entry, in all respects, and also shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
M. Cost Assessment: The amount of the cost of said repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the officer or city, shall be assessed against the real property upon which such costs were incurred unless such amount is previously paid. These costs shall include the time of city employees and officers as provided in the city of Roy fee schedule or as otherwise determined by the city clerk-treasurer. Upon certification to him by the treasurer of the city of the assessment amount due and owing, the Pierce County treasurer shall enter the amount of said 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 with the same interest and penalties, and when collected shall be deposited to the credit of the general fund of the city; provided, that if the total assessment due and owing exceeds one thousand dollars ($1,000.00), the city shall, upon written request of the owner or party in interest, divide the amount due into ten (10) equal annual installments, subject to earlier payment at the option of the owner or party in interest. If the dwelling, building or structure is removed or demolished by the council or officer, the council or officer shall, if possible, sell the materials of said dwelling, building or structure in accordance with the procedures for selling surplus property of the city and shall credit 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 building inspector or enforcement officer after deducting the costs incident thereto.
N. Provisions Not To Abrogate:
1. Nothing in this section shall be construed to abrogate or impair the power of the courts or of the city to enforce any provisions of its charter or its ordinances or regulations in order to prevent or punish violations thereof, and the powers confirmed under this section shall be in addition and supplemental to the powers conferred by any other ordinance or law.
2. Nothing in this section shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause the removal or abatement by summary proceedings or otherwise. (Ord. 963, 5-29-2018)