Chapter 15.25
SUBSTANDARD AND DANGEROUS CONDITIONS/RESIDENTIAL TENANCIES

Sections:

15.25.010    Building official authority.

15.25.020    Fees.

15.25.030    Certification.

15.25.040    Appeal.

15.25.050    Immunity from liability.

15.25.010 Building official authority.

The building official is hereby directed and authorized to conduct inspections and provide certifications as required by RCW 59.18.115. Where in the discretion of the building official it would be in the best interest of the city that the building official not conduct the inspection and provide the certification, the building official may designate another public building official, or a disinterested private inspection person or company to conduct the inspection and provide the certification. All inspections and certifications shall be conducted and performed in accordance with the procedures and deadlines established in RCW 59.18.115, except as modified by this chapter. (Ord. 798-02 § 1)

15.25.020 Fees.

Prior to conducting an inspection and certification, the building official shall require the tenant to pay a fee as established by resolution of the city council. In the event that the building official determines that the inspection should be conducted by another building official, or a disinterested private inspection person or company, the tenant shall be required to pay to the city a fee equal to the cost charged to the city for the inspection by the other building official or the disinterested private inspection person or company. (Ord. 798-02 § 1)

15.25.030 Certification.

Within the time limits specified by RCW 59.18.115, the building official or the designated inspector shall certify in writing to the tenant whether the conditions specified by the tenant do exist and if they exist whether the conditions make the premises substantially unfit for human habitation or can be a substantial risk to the health and safety of the tenant as defined in RCW 59.18.115 (2)(a). (Ord. 798-02 § 1)

15.25.040 Appeal.

Any appeal of the building official’s certification, or lack of certification, shall be to the hearing examiner and shall be brought within the time and manner of SMC 16.80.090, except that no notice shall be given to adjoining property owners and no notice shall be published in the newspaper. The decision of the hearing examiner shall be final and conclusive and not subject to any further appeal. All costs of an appeal shall be the responsibility of tenant as specified in any resolution of the city council concerning fees. (Ord. 798-02 § 1)

15.25.050 Immunity from liability.

In accordance with RCW 59.18.115(2)(b), the purpose of the inspection and certification provided for in this chapter is to assist a tenant in a private remedy and is not related in any way to the performance of any other governmental function such as enforcement of any code, ordinance, or state law. The city reserves to itself all immunity provided by RCW 59.18.115 and under the public duty doctrine. (Ord. 798-02 § 1)