Chapter 17.105
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
17.105.010 Findings – Purpose.
17.105.020 Enforcement authority and powers.
17.105.030 Procedure to abate unfit dwellings, buildings, structures, or premises.
17.105.040 Criteria for determination of unfit dwellings, buildings, structures, or premises.
17.105.060 Contents of an appeal to the hearing examiner.
17.105.070 Hearing examiner appeal procedures.
17.105.090 Hearing examiner appeal – Record of hearing.
17.105.100 Hearing examiner appeal – Decision.
17.105.110 Hearing examiner appeal – Reconsideration, clerical errors.
17.105.120 Appeal to superior court.
17.105.140 Abatement by the City.
17.105.160 Supplemental chapter.
17.105.170 Nuisances – Powers reserved.
17.105.180 Appeal to superior court.
17.105.010 Findings – Purpose.
It is found that there exist in the City of Spokane Valley dwellings, buildings, 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, overcrowding, or due to other conditions which are harmful to the health and welfare of the residents of the City.
Chapter 17.105 SVMC is adopted pursuant to Chapter 35.80 RCW and is intended to clarify and strengthen the City’s procedures for abating unfit dwellings, buildings, structures, and premises. Chapter 17.105 SVMC may be used for those purposes specified in Chapter 35.80 RCW and shall be in addition and supplemental to the powers conferred by any other law, including but not limited to Chapters 7.05 and 17.100 SVMC. Chapter 17.105 SVMC may be used for any dwelling, building, structure, or premises determined to be unfit for habitation or other uses pursuant to any law, including any provision of the State Building Code and any provision adopted pursuant to Title 24 SVMC. Chapter 17.105 SVMC shall not be construed as intended to protect a specific class of persons other than the general public or as creating a duty to any individual citizen. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.020 Enforcement authority and powers.
A. The responsibility for administration and enforcement of Chapter 17.105 SVMC, unless otherwise provided, is vested in the city manager or his or her designee(s). All references to the city manager herein shall include his or her designee(s). The city manager is designated as the City’s “improvement officer” pursuant to RCW 35.80.030 for purposes of Chapter 17.105 SVMC.
B. The hearing examiner is hereby designated as the “appeals commission” pursuant to RCW 35.80.030 for the purposes of Chapter 17.105 SVMC and shall have all rights and responsibilities for hearing appeals of administrative orders issued by the city manager.
C. The city manager may exercise such lawful powers as may be necessary or convenient to effectuate the purposes and provisions of Chapter 17.105 SVMC. These powers shall include, but are not limited to, the following:
1. To determine, pursuant to standards prescribed herein and by the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or are hereafter amended, which dwellings within the City are unfit for human habitation;
2. To determine, pursuant to standards prescribed herein and by the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended, which buildings, structures, or premises are unfit for other use;
3. To administer oaths and affirmations, examine witnesses and receive evidence;
4. To investigate the dwelling or other property conditions in the City and to enter upon premises to make examinations when the city manager has reasonable grounds to believe such dwellings, buildings, structures, or premises are unfit for human habitation or for other use; provided such investigations shall comply with all applicable constitutional, federal, state, and local laws and shall be made in such a manner as to cause the least possible inconvenience to the persons in possession;
5. To obtain an order from a court of competent jurisdiction for the purpose of entering premises to make such examinations, after submitting evidence in support of an application which is adequate to justify such an order in the event entry is denied or resisted;
6. To conduct all necessary hearings related to a determination of unfitness and to impose and require such remedies and penalties as may be appropriate to vacate, improve, repair, remove, or demolish unfit dwellings, buildings, structures, or premises;
7. To take all such actions as necessary to collect or assess any allowable costs, fees, or penalties as a result of actions taken pursuant to Chapter 17.105 SVMC as allowed by law; and
8. To take such other action as may be reasonably necessary and related to administer, enforce, and carry out the requirements of Chapter 17.105 SVMC. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.030 Procedure to abate unfit dwellings, buildings, structures, or premises.
A. Complaint.
1. If the city manager, after a preliminary investigation, finds that any dwelling, building, structure or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040, the city manager shall cause a written 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 Spokane County auditor, and shall post the complaint in a conspicuous place on the property that is the subject of the complaint.
2. If the whereabouts of any such persons is unknown and cannot be ascertained by the city manager in the exercise of reasonable diligence, and the city manager makes an affidavit to that effect with the complaint, then service may be made by:
a. Personal service; or
b. Mailing the complaint and affidavit by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceeding, and mailing a copy of the complaint and affidavit by first-class mail to any address listed for each such person in the records of the Spokane County assessor or Spokane County auditor.
3. The complaint shall state in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040, the applicable remedies that will be sought, notice of any penalties, and notice that if the City is required to abate the conditions, it may seek all costs, fees and expenses and such costs, fees, and expenses may be assessed upon the property and collected as allowed by law.
4. The complaint shall contain notice that a hearing shall be held before the city manager at a place specified in the complaint, not less than 10 calendar days nor more than 30 calendar days after the serving of the complaint, and that all parties in interest have the right to file an answer to the complaint, appear in person, or otherwise, and to give testimony at the time and place in the complaint.
5. A copy of the complaint and any supporting affidavit shall be filed with the Spokane County auditor, and the filing of the complaint shall have the same force and effect as other lis pendens notices provided by law.
B. Hearing. As specified in the complaint, the city manager shall conduct a hearing to determine if a dwelling, building, structure, or premises is unfit for human habitation or other use. All persons identified in the complaint shall have the right and opportunity to file an answer with the city manager and appear at the hearing in person, or otherwise, and give testimony concerning the preliminary determination set forth in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city manager. At the conclusion of the hearing, after taking all testimony and reviewing all submitted evidence, the city manager shall make a determination as to whether the dwelling, building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040.
C. Findings and Order.
1. Upon a determination that a dwelling, building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.030(B), the city manager shall make written findings of fact in support of such determination, and shall issue and cause to be served upon each owner and party in interest as identified in the complaint, either personally or by certified mail with return receipt requested, and shall post in a conspicuous place on the property, an order that:
a. Requires the owner and other parties 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 appropriate use, or to vacate, close, and secure the dwelling, building, structure, or premises, if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040; or
b. Requires the owner and parties in interest, within the time specified in the order, to remove or demolish the dwelling, building, structure, or premises, if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040.
If a complainant has made a written request to be notified of the City’s response to the complaint filed by the complainant, the City shall mail, first class with postage prepaid, a copy of the order made by the city manager.
2. An order may require the owner to take effective steps to board up or otherwise bar access to the structure or premises, if deemed necessary for public safety, pending further abatement action. The order shall include any appropriate penalties or remedies available to the City pursuant to Chapter 17.105 SVMC or other applicable provisions of the code.
3. If no appeal is filed within 30 calendar days from the date of service of the order, a copy of the order shall be filed with the Spokane County auditor, and shall be a final order. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.040 Criteria for determination of unfit dwellings, buildings, structures, or premises.
A. Determination. The city manager is hereby granted authority to determine if a dwelling, building, structure, or premises is unfit for human habitation or other use if he or she finds that one or more defects or conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health and safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings or buildings, or other residents of the City as follows:
1. The defects or conditions meet one or more of the following:
a. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
b. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
c. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the Washington State Building Code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new buildings of similar structure, purpose or location;
d. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Washington State Building Code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure, purpose or location;
e. Whenever any portion or member of appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
f. Wherever any portion of a building, or any member appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the Washington State Building Code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure, purpose or location, without exceeding the working stresses permitted in the Washington State Building Code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for such buildings;
g. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
h. Wherever the building or structure, or any portion thereof, because of:
i. Dilapidation, deterioration or decay;
ii. Faulty construction;
iii. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such a building;
iv. The deterioration, decay or inadequacy of its foundation; or
v. Any other cause;
is likely to partially or completely collapse;
i. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
j. Whenever the exterior walls are not anchored to supporting and supported elements; are not plumb and free of holes, cracks or breaks and loose or rotting materials; or are not capable of supporting all nominal loads and resisting all load effects;
k. Whenever the foundation systems are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored, or are capable of supporting all nominal loads and resisting all load effects;
l. Whenever roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
m. Wherever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the building official, in consultation with the appropriate agency, to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
n. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard; or
o. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public; or
2. The defect or condition otherwise substantially violates the standards and requirements set forth in the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended.
B. Nothing herein shall require the city manager to determine a dwelling, building, structure, or premises is unfit for human habitation or other use or to require any particular remedy or abatement unless otherwise required by law.
C. Standards for Determining Appropriate Remedial Action.
1. Once the city manager has made a determination that conditions are such that a dwelling, building, structure, or premises is unfit for human habitation or other use, the city manager shall determine the appropriate remedy for the dwelling, building, structure, or premises. The city manager is hereby authorized to require any appropriate remedy determined necessary to eliminate the hazardous, injurious, or dangerous conditions or defects and to bring the dwelling, building, structure, or premises into compliance with the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended. Remedies may include but are not limited to requiring repair, renovation, restoration, removal, demolition of, or requiring the person to vacate and close or secure the dwelling, building, structure, or premises. For purposes of SVMC 17.105.040, “secure” means boarding all door, window, and other entry points or, if boarding is not possible due to damage, causing the property to be secured by completely fencing off the property or defects or dangerous conditions with at least a six-foot-tall fence.
When determining the extent of the remedy required, including demolition, the city manager shall give consideration to:
a. Whether the conditions create an immediate or imminent threat to public health, safety, and welfare for the subject property and/or adjacent or nearby properties;
b. The cost of available remedies versus the value of the property. This factor shall weigh more in favor of demolition as the cost of the remedy increases in relation to the value of the property;
c. The length of time the condition has existed; and
d. Previous efforts by the owner or parties in interest to remedy the conditions.
2. Except as otherwise provided herein, a dwelling, building, structure, or premises that has been determined unfit for human habitation shall be demolished whenever the estimated cost of repair, renovation, restoration or other remedy exceeds 50 percent of the value of the dwelling, building, structure, or premises.
3. When a dwelling, building, structure, or premises has been determined to be unfit for human habitation or other use pursuant to SVMC 17.105.040(A) and has been ordered to be repaired, renovated, or restored, it shall be vacated and demolished if it has not been repaired, renovated, restored, or otherwise abated to such a degree to receive a written determination of habitability from the city manager within six months after the date specified for completion of the required repair, renovation, or restoration, provided such date shall not exceed 18 months from the date of the final determination of unfitness, including any appeals of such determination.
4. The city manager shall specify the timeline for (a) demolition of the unfit structure, if the structure is required to be demolished, or (b) other abatement required for structures in the determination of unfitness. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.050 Right to appeal.
A. The following parties have standing to appeal an order of the city manager to the hearing examiner:
1. The party in interest or owner of property subject to the order; and
2. The complainant if a written request is made to be notified of the City’s response to the complaint filed by the complainant.
B. An appeal of the city manager’s order may be filed within 30 calendar days from the date of service. An appeal shall not be considered filed unless accompanied with the appropriate appeal fee and a complete appeal submittal. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.060 Contents of an appeal to the hearing examiner.
A. Each appeal to the hearing examiner shall include:
1. The case number designated by the City and the name of the parties in interest and owner of the property subject to the order;
2. The name and signature of each appellant or their authorized representative and a statement showing that each appellant has standing to file an appeal pursuant to SVMC 17.105.050. If multiple parties file a single appeal, the appeal shall designate one party as the contact representative;
3. The specific decision and specific portions of the decision or determination being appealed, and the reasons why each aspect is in error as a matter of fact or law;
4. Evidence that specific issues raised on appeal were raised during the hearing on the complaint or were timely submitted while the record was open if such issues could have been raised; provided issues that were not ripe (such as issues raised in decision) need not have been raised; and
5. The appeal fee pursuant to Chapter 17.110 SVMC, unless otherwise exempted. The fee may be refunded, either wholly or partially, if:
a. The appellant requests withdrawal of the appeal in writing at least 10 calendar days before the scheduled appeal hearing date; or
b. The appellant(s) successfully appeals the City’s order, which refund shall occur within 45 calendar days of the hearing examiner’s decision.
B. All complete appeals submitted and allowed pursuant to Chapter 17.105 SVMC shall be scheduled for hearing before the hearing examiner. The hearing shall be scheduled to allow the hearing examiner to issue a final decision on the appeal within 60 calendar days from the date of filing of the appeal. Hearings on an appeal shall be open to public view.
C. Notice of the appeal hearing shall be provided at least 10 calendar days in advance of the hearing, by first-class mail, postage prepaid, to the appellant(s), the other party in interest, or other owner of the property subject to the order, and complainant, if the complainant made a written request to be notified of the City’s response to the complaint, and the City.
1. Failure of a person entitled to receive notice to actually receive notice does not affect the jurisdiction of the hearing examiner to hear the appeal when scheduled and render a decision, if the notice was properly published, mailed, and/or posted as required by law.
2. A person is deemed to have received notice if the person appears at the hearing, or submits written comments on the merits of the application, or if the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date.
3. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence from the party or parties who did not receive notice.
D. The filing of the appeal shall stay the order of the city manager, except for temporary measures of an emergent nature that are required, such as securing the building to minimize any imminent danger to the public health or safety. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.070 Hearing examiner appeal procedures.
A. Except as otherwise provided in Chapter 17.105 SVMC, all appeals of decisions under Chapter 17.105 SVMC shall be before the hearing examiner and shall be conducted pursuant to Appendix B. Appeals are limited to consideration of the issues on appeal, and are not public forums for general public comment. The format of the appeal hearing shall be organized so that the testimony and written evidence may be presented quickly and efficiently.
B. Burden of Proof. Unless otherwise provided by law, the determination of City staff in the order shall be accorded substantial weight, and the appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence.
C. Staff reports. The City may prepare a report including introduction of the official file on the order and its procedural history, an explanation of the city manager’s determination, including the use of visual aids, and the recommendation of the City on the appeal of the order.
D. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing on the merits of its case; provided, that such briefing shall be provided within the time periods identified by the hearing examiner. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.080 Reserved.
(Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.090 Hearing examiner appeal – Record of hearing.
The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted by the hearing examiner, including an electronic recording capable of being accurately transcribed and reproduced. Copies of the recording and any written portions of the record shall be made available to the public on request for the cost of reproduction or transcription, as determined by the hearing examiner. Any request for a record of hearing pursuant to SVMC 17.105.090 shall not be considered a public record request pursuant to Chapter 42.56 RCW unless specifically identified as such by the requester. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.100 Hearing examiner appeal – Decision.
A. The decision of the hearing examiner shall be in writing, be based on the whole record, and include, but not be limited to, the following:
1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information.
2. Findings. The facts that the hearing examiner finds relevant, credible, and necessary to the decision, based on the record of the proceedings.
3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact.
4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse).
The hearing examiner’s decision shall bear the same legal consequences as if issued by the city manager pursuant to SVMC 17.105.030.
B. The hearing examiner shall render a final decision within 10 calendar business days following the closure of the record, unless a longer time period is mutually agreed to in writing by the appellant and the hearing examiner; provided, the decision of the hearing examiner shall be issued within 60 calendar days from the date of filing of the appeal.
C. The hearing examiner shall report and provide notice of the decision by certified mail, return receipt requested, to the appellant(s) and to all parties and the City by first class mail, postage prepaid. Any final order in the hearing examiner’s decision shall be posted in a conspicuous location on the property that is the subject of the decision and appeal. A copy of the hearing examiner’s decision shall be filed with the Spokane County auditor. A transcript of the hearing examiner’s decision, findings, and orders shall be made available to the appellant upon demand.
D. The hearing examiner’s decision shall be subject to further review only in the manner and to the extent provided in SVMC 17.105.110 and 17.105.120. If it is not timely and correctly appealed pursuant to SVMC 17.105.110 or 17.105.120, the hearing examiner’s decision shall be a final order. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.110 Hearing examiner appeal – Reconsideration, clerical errors.
A. Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner’s decision until such time as the petition has been disposed of in writing by the hearing examiner.
B. The grounds for seeking reconsideration shall be limited to the following:
1. The hearing examiner exceeded the hearing examiner’s jurisdiction;
2. The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner’s decision;
3. The hearing examiner committed an error of law;
4. The hearing examiner’s findings, conclusions and/or conditions are not supported by the record; or
5. New evidence which could not reasonably have been produced and which is material to the decision is discovered.
C. The petition for reconsideration shall:
1. Contain the name, mailing address, and daytime telephone number of the petitioner, or the petitioner’s representative, together with the signature of the petitioner or of the petitioner’s representative;
2. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested;
3. State the specific grounds upon which relief is requested;
4. Describe the specific relief requested; and
5. Where applicable, identify the specific nature of any newly discovered evidence or changes proposed.
D. The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in the same manner as provided for a decision in SVMC 17.105.100. Within 14 calendar days the hearing examiner shall:
1. Deny the petition in writing;
2. Grant the petition and issue an amended decision in accordance with the provisions of SVMC 17.105.100;
3. Accept the petition and give notice to all parties of record of the opportunity to submit written comment. Parties of record shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision in accordance with the provisions of SVMC 17.105.100, or issue an order within 15 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the hearing examiner’s office shall mail notice at least 15 calendar days in advance of the hearing as provided in SVMC 17.105.060 to all parties of record; or
4. Accept the petition and set the matter for further open record hearing to consider new evidence, proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the hearing examiner’s office at least 10 calendar days in advance of the hearing as provided in SVMC 17.105.060 but not less than 15 calendar days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the further hearing in accordance with the provisions of SVMC 17.105.100.
E. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration.
F. The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency.
G. Clerical mistakes and errors arising from oversight or omission in hearing examiner decisions may be corrected by the hearing examiner at any time either on the hearing examiner’s initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.120 Appeal to superior court.
Any person affected by an order issued by the hearing examiner may, within 30 calendar days after the date of service of the hearing examiner’s order, appeal the hearing examiner’s order to Spokane County superior court or may petition the superior court for an injunction or other appropriate order restraining the city manager from carrying out the provisions of the hearing examiner’s order. Pursuant to RCW 35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the review shall be de novo. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.130 Abatement.
A. The order of the city manager or the hearing examiner may prescribe times within which demolition or other abatement shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time limit for appealing, the city manager may commence the required abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the city manager or the hearing examiner may extend the time for completion of the work, subject to immediate summary revocation at any time without further hearing if satisfactory progress is not being made.
B. If the owner is unable to comply with the city manager’s or the hearing examiner’s order within the time required, and the time for appeals to the hearing examiner or petition to the court has passed, the owner may, for good and sufficient cause beyond his or her control, request an extension of time in writing supported by affidavit. The city manager or hearing examiner may grant a reasonable extension of time after finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the denial of an extension of time.
C. Any work, including demolition, construction, repairs, or alterations required pursuant to Chapter 17.105 SVMC, shall be subject to all permitting requirements of the City. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.140 Abatement by the City.
A. If the parties of interest or owner, following exhaustion of his or her rights of appeal, fails to comply with a final order issued pursuant to Chapter 17.105 SVMC to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, or fails to take other required action, the city manager may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, closed, removed, demolished, or to abate such other conditions which render the dwelling, building, structure, or premises unfit for human habitation or other use as identified in the order and to take such further steps as may be reasonable and necessary to prevent access to the structure or premises, for public health or safety reasons, pending abatement.
B. The City may seek a judicial abatement order from Spokane County superior court to abate a condition which continues to be a violation of Chapter 17.105 SVMC, or which, pursuant to a final order or hearing examiner decision issued pursuant to Chapter 17.105 SVMC, has been determined to be a dwelling, building, structure, or premises that is unfit for human habitation or other use. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.150 Abatement costs.
A. The amount of the cost of any abatement conducted pursuant to SVMC 17.105.140, including actual abatement expenses, reasonable legal fees and costs, administrative personnel costs, penalties, all other related expenses and costs, such as costs of notices, contracting, or inspections, costs of appeal of any decision pursuant to SVMC 17.105.050, and court costs, shall be paid by the parties in interest or owner of the property. If the parties in interest or owner of the property fail to timely pay such costs, the costs shall be assessed against the real property upon which such cost was incurred. The costs of abatement shall be certified by the city manager to the Spokane County treasurer as an amount due and owing to the City, pursuant to RCW 35.80.030, to be entered by the Spokane County treasurer as an assessment upon the tax rolls against the property for the current year and 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 is provided in RCW 84.56.020 as the same now exists or may hereafter be amended, for delinquent taxes, and when collected to be deposited to the credit of the City’s general fund.
B. If the City removes or demolishes a dwelling, building, structure, or premises pursuant to SVMC 17.105.140, the City shall, if possible, sell the materials from the dwelling, building, structure or premises. The proceeds of the sale of any materials shall be credited against the cost of removal or demolition, and if there is any balance remaining, such balance shall be paid to the parties entitled thereto, after deducting the costs incident thereto.
C. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes pursuant to RCW 35.80.030(h).
D. For purposes of SVMC 17.105.150, the cost of abatement shall include the amount of any relocation assistance payments that were advanced by the City pursuant to RCW 59.18.085 and which have not been repaid and any and 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 pursuant to RCW 59.18.085.
E. The city manager may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the city manager. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.160 Supplemental chapter.
Nothing in Chapter 17.105 SVMC shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its ordinances or regulations or to prevent or punish violations of such ordinances or regulations; and the powers conferred by Chapter 17.105 SVMC shall be in addition and supplemental to the powers conferred by any other statute or ordinance. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.170 Nuisances – Powers reserved.
Nothing in Chapter 17.105 SVMC shall be construed to impair or limit in any way the City’s power to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.180 Appeal to superior court.
A. A decision pursuant to SVMC 17.105.100 shall be considered an “order” for purposes of Chapter 17.105 SVMC.
B. An order issued pursuant to Chapter 17.105 SVMC may be appealed to Washington State Superior Court solely as allowed by law. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.190 Emergencies.
The provisions of Chapter 17.105 SVMC shall not prevent the city manager or any other officer or agency of the City of Spokane Valley from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).
17.105.200 Discrimination.
All proceedings under Chapter 17.105 SVMC shall be subject to the anti-discrimination provisions of RCW 35.80.040 as the same now exists or may hereafter be amended. (Ord. 22-012 § 4, 2022; Ord. 18-002 § 2, 2018).