Chapter 2.07
HOUSING CODE

Sections:

2.07.010    Title.

2.07.020    Purpose.

2.07.030    Scope.

2.07.040    Definitions.

2.07.050    Application to existing buildings and structures.

2.07.060    Enforcement authority.

2.07.070    Right of entry.

2.07.080    Owner, occupant responsibilities.

2.07.090    Liability.

2.07.100    Substandard buildings.

2.07.110    Appeals board.

2.07.120    Violations.

2.07.130    Permits required.

2.07.140    Fees.

2.07.150    Inspections.

2.07.160    Dwelling units, lodging houses and congregate residences.

2.07.170    Hotels.

2.07.180    Kitchens.

2.07.190    Plumbing fixtures.

2.07.200    Water closet compartments.

2.07.210    Room separations.

2.07.220    Sanitary facilities installation and maintenance.

2.07.230    Structural requirements.

2.07.240    Heating.

2.07.250    Electrical equipment.

2.07.260    Ventilation.

2.07.270    Exits.

2.07.280    Fire protection.

2.07.290    Substandard buildings defined.

2.07.300    Inadequate sanitation.

2.07.310    Structural hazards.

2.07.320    Nuisances.

2.07.330    Hazardous electrical wiring.

2.07.340    Hazardous plumbing.

2.07.350    Hazardous mechanical equipment.

2.07.360    Faulty weather protection.

2.07.370    Fire hazard.

2.07.380    Faulty materials of construction.

2.07.390    Hazardous or unsanitary premises.

2.07.400    Inadequate exits.

2.07.410    Inadequate fire protection or firefighting equipment.

2.07.420    Improper occupancy.

2.07.430    Notices and order of the director.

2.07.440    Repair, vacation and demolition.

2.07.450    Notice to vacate.

2.07.460    Appeals.

2.07.470    Compliance with orders.

2.07.480    Failure to obey orders.

2.07.490    Failure to commence work.

2.07.500    Extension of time to perform work.

2.07.510    Interference with repair or demolition work prohibited.

2.07.520    Repealed.

2.07.010 Title.

This chapter shall be known as the “Wenatchee housing code” and may be cited as such. (Ord. 3127 § 1, 1995)

2.07.020 Purpose.

(1) The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings and structures within the city.

(2) The purpose of this chapter is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited, nor establish or designate any particular class or group of persons who will be especially harmed or injured by the terms of this chapter. (Ord. 3127 § 2, 1995)

2.07.030 Scope.

(1) The provisions of this chapter shall apply to all buildings or portions thereof used, or designed or intended to be used, for human habitation. Such occupancies in existing buildings may be continued as provided in Section 3401 of the building code, except such structures as are found to be substandard as defined in this chapter.

(2) Where any building or portion thereof is used or intended to be used as a combination apartment house/hotel, the provisions of this chapter shall apply to the separate portions as if they were separate buildings.

(3) Rooming houses, congregate residences or lodging houses shall comply with all the requirements of this chapter for dwellings. (Ord. 3127 § 3, 1995)

2.07.040 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code. Where terms are not defined, they shall have their ordinary accepted meaning within the context with which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged, copyright 1986, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.

(1) “Building code” is the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

(2) “Congregated residence” is any building or portion thereof which contains facilities for living, sleeping and sanitation, as required by this chapter, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house but does not include jails, hospitals, nursing homes, hotels or lodging houses.

(3) “Director” is the director of community development serving the city or the director’s authorized representative.

(4) “Health officer” is the legally designated head of the department of health of the city.

(5) “Hot water” is hot water supplied to plumbing fixtures at a temperature of not less than 110° F. (43.3° C).

(6) “Lodging house” is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise.

(7) “Mechanical code” is the Uniform Mechanical Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction.

(8) Nuisance. The following are defined as nuisances:

(a) Any public nuisance as defined by Washington state statute or set forth in Washington case law;

(b) Any attractive nuisance whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and junk vehicles, as defined in this chapter; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard;

(c) The existence of any dead, diseased, infested or dying trees that may constitute a danger to property or persons;

(d) The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict:

(i) Streets, sidewalks, sewers, utilities or other public improvements,

(ii) Visibility on, or free use of, or access to such improvements;

(e) The existence of any vines or climbing plants growing into or over any street, public hydrant, pole or street light, or the existence of any shrub, vine or plant growing on, around, or in front of any hydrant, standpipe, sprinkler system connection or any other appliance of facility provided for fire protection purposes in such a way as to obscure the view thereof, or impair the access thereto;

(f) The existence of a sidewalk or portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience and the use of such sidewalk;

(g) The existence of any obstruction to a street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which, having been made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time;

(h) The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one or more of the following: disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects;

(i) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or receptacles;

(j) Any trash, litter, rags, accumulations or empty barrels, boxes, crates, packing cases, mattresses, bedding, straw or other packing materials, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply, or which may be a fire hazard;

(k) The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or materials;

(l) The existence of any pits, potholes or holes which would endanger safety;

(m) The existence of any conditions that would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion. However, the contractor or owner shall be responsible for dust control throughout the development area;

(n) The existence of any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;

(o) Unlawful disposal sites. It is unlawful for anyone to deliver and/or deposit any garbage or rubbish generated within the city or without the city at any disposal site other than a refuse disposal, processing, transfer or recovery site provided and/or designated by the director of public works pursuant to WCC 4.12.030 and 4.12.050;

(p) Any violations of the Wenatchee zoning ordinance as defined by Ordinance 3070.

(9) “Plumbing code” is the plumbing code as adopted by this jurisdiction.

(10) (a) “Junk vehicle” means a vehicle intended to be self-propelled and used for the transport of people, goods, and/or services that meets at least three of the following requirements:

(i) Is three years old or older;

(ii) Is extensively damaged, such damage including, but not limited to, any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;

(iii) Is without a valid, current license plate or certificate of registration;

(iv) Is apparently inoperable;

(v) Has an approximate fair market value equal only to the approximate value of the scrap in it.

(b) This definition of a “junk vehicle” shall not apply to:

(i) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(ii) A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130. (Ord. 98-10 § 1; Ord. 3127 § 4, 1995)

2.07.050 Application to existing buildings and structures.

(1) Additions, Alterations or Repairs. For additions, alterations or repairs, see Section 3403 of the building code.

(2) Relocation. Buildings or structures moved into or within this jurisdiction shall comply with the requirements of the building code. (Ord. 3127 § 5, 1995)

2.07.060 Enforcement authority.

(1) Authority. The director or the code enforcement board is hereby authorized and directed to enforce all of the provisions of this chapter.

(2) The director shall have the power to render interpretations of this chapter and to adopt and enforce procedures in order to clarify the application of its provisions. Such interpretations and procedures shall be in conformity with the intent and purpose of this chapter. (Ord. 2001-02 § 9; Ord. 98-10 § 2; Ord. 3127 § 6(A), 1995)

2.07.070 Right of entry.

When it is necessary to make an inspection to enforce the provisions of this chapter, or when the director has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous, the director may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the director shall have recourse to the remedies provided by law to secure entry. (Ord. 98-10 § 2; Ord. 3127 § 6(B), 1995)

2.07.080 Owner, occupant responsibilities.

(1) Owners remain liable for violations of duties imposed by this chapter even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this chapter.

(2) Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner’s designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.

(3) Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.

(4) Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer.

(5) Occupants shall, when required by this chapter, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. (Ord. 3127 § 6(C), 1995)

2.07.090 Liability.

The director and/or the code enforcement board charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this chapter or other applicable law or ordinance, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the director, the code enforcement board or employee because of such act or omission performed by the director, the code enforcement board or employee in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this chapter or enforced by the code enforcement agency shall be defended by the city until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the city. This chapter shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure of any damages to persons or property caused by defects, nor shall code enforcement agency or the city be held as assuming any such liability by reason of the inspections authorized by this chapter or any permits or certificates issued under this chapter. (Ord. 2001-02 § 10; Ord. 98-10 § 2; Ord. 3127 § 6(D), 1995)

2.07.100 Substandard buildings.

Buildings or portions thereof which are determined to be substandard as defined in this chapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in WCC 2.07.430 through 2.07.450. (Ord. 3127 § 7, 1995)

2.07.110 Appeals board.

(1) General. In order to hear and decide appeals of orders, decisions or determinations made by the director relative to the application and interpretations of this chapter, there shall be and is hereby created an appeals board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the city. The director shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The appeals board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the director. Appeals to the board shall be processed in accordance with the provisions contained in WCC 2.07.460. Copies of all rules of procedure adopted by the board shall be delivered to the director, who shall make them available to the public.

(2) Limitations of Authority. The appeals board shall have no authority relative to interpretation of the administrative provisions of this chapter nor shall the board be empowered to waive requirements of this chapter. (Ord. 98-10 § 2; Ord. 3127 § 8, 1995)

2.07.120 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this chapter. (Ord. 3127 § 9, 1995)

2.07.130 Permits required.

No building or structure regulated by this chapter shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official in the manner and according to the applicable conditions prescribed in Section 106 of the building code. (Ord. 3127 § 10, 1995)

2.07.140 Fees.

When a building permit is required by WCC 2.07.130, the appropriate fees shall be paid as specified in Section 107 of the building code. (Ord. 3127 § 11, 1995)

2.07.150 Inspections.

Buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the director in accordance with and in the manner provided by this chapter and Sections 108 and 1701 of the building code. (Ord. 98-10 § 2; Ord. 3127 § 12, 1995)

2.07.160 Dwelling units, lodging houses and congregate residences.

Dwelling units, lodging houses and congregate residences shall be provided with a bathroom equipped with facilities consisting of a water closest, lavatory, and either a bathtub or shower. (Ord. 3127 § 13(A), 1995)

2.07.170 Hotels.

(1) Hotels or subdivisions thereof where both sexes are accommodated shall contain at least two separate toilet facilities which are conspicuously identified for male or female use, each of which contains at least one water closet.

Exception: Hotel guest rooms may have one unidentified toilet facility.

(2) Additional water closets shall be provided on each floor for each sex at the rate of one for every additional 10 guests, or fractional part thereof, in excess of 10. (Ord. 3127 § 13(B), 1995)

2.07.180 Kitchens.

Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted. (Ord. 3127 § 13(C), 1995)

2.07.190 Plumbing fixtures.

(1) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation.

(2) All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material. (Ord. 3127 § 13(D), 1995)

2.07.200 Water closet compartments.

Walls and floors of water closet compartments, except in dwellings, shall be finished in accordance with Section 806 of the building code. (Ord. 3127 § 13(E), 1995)

2.07.210 Room separations.

Every water closet, bathtub or shower required by this chapter shall be installed in a room which will afford privacy to the occupant. (Ord. 3127 § 13(F), 1995)

2.07.220 Sanitary facilities installation and maintenance.

All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with applicable requirements of the plumbing code. (Ord. 3127 § 13(G), 1995)

2.07.230 Structural requirements.

(1) General. Buildings or structures may be of any type of construction permitted by the building code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the building code. Buildings of every permitted type of construction shall comply with the applicable requirements of the building code.

(2) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.

(3) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the building code. (Ord. 3127 § 14, 1995)

2.07.240 Heating.

Dwelling units, guest rooms and congregate residences shall be provided with heating facilities capable of maintaining a room temperature of 70° F. (21.1° C) at a point three feet (914 mm) above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with Section 3102 of the building code, the mechanical code, and all other applicable laws. Unvented fuel-burning heaters are not permitted. All heating devices or appliances shall be of an approved type. (Ord. 3127 § 15(A) (1), 1995)

2.07.250 Electrical equipment.

(1) All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.

(2) Where there is electrical power available within 300 feet (91.4 m) of any building, such building shall be connected to such electrical power. Every habitable room shall contain at least two electrical convenience outlets or one convenience outlet and one electric light fixture. Every water closet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one electric light fixture. (Ord. 3127 § 15(A)(2), 1995)

2.07.260 Ventilation.

Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the mechanical code. Where mechanical ventilation is provided in lieu of natural ventilation, such mechanical ventilating system shall be maintained operational during the occupancy of any building or portion thereof. (Ord. 3127 § 15(A)(3), 1995)

2.07.270 Exits.

(1) Dwelling units or guest rooms shall have access directly to the outside or to a public corridor. All buildings or portions thereof shall be provided with exits, exit ways and appurtenances as required by Chapter 10 of the building code.

(2) Sleeping rooms below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of the separate tools. (Ord. 3127 § 16, 1995)

2.07.280 Fire protection.

All buildings or portions thereof shall be provided with the degree of fire-resistive construction as required by the building code for the appropriate occupancy, type of construction and location on property, and shall be provided with the appropriate fire-extinguishing systems or equipment required by Chapter 9 of the building code. (Ord. 3127 § 17, 1995)

2.07.290 Substandard buildings defined.

Any building or portion thereof which is determined to be an unsafe building in accordance with Section 102 of the building code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby are declared to be substandard buildings. (Ord. 3127 § 18(A)(1), 1995)

2.07.300 Inadequate sanitation.

Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following:

(1) Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging house;

(2) Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel;

(3) Lack of or improper kitchen sink in a dwelling unit;

(4) Lack of hot and cold running water to plumbing fixtures in a hotel;

(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house;

(6) Lack of adequate heating facilities;

(7) Lack of or improper operation of required ventilating equipment;

(8) Lack of minimum amounts of natural light and ventilation required by this chapter;

(9) Lack of required electrical lighting;

(10) Dampness of habitable rooms;

(11) General dilapidation or improper maintenance;

(12) Lack of connection to required sewage disposal system. (Ord. 3127 § 18(A)(2), 1995)

2.07.310 Structural hazards.

Buildings or portions thereof shall be deemed substandard when they are or contain structural hazards. Structural hazards shall include but not be limited to the following:

(1) Deteriorated or inadequate foundations that threaten structural integrity and pose an imminent threat to life or safety;

(2) Defective or deteriorated flooring or floor supports;

(3) Flooring or floor supports in insufficient size to carry imposed loads with safety;

(4) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration;

(5) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety;

(6) Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration;

(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety;

(8) Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration;

(9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (Ord. 3127 § 18(A)(3), 1995)

2.07.320 Nuisances.

Buildings or portions thereof in which there exists any nuisance as defined in this chapter are deemed substandard buildings. (Ord. 3127 § 18(A) (4), 1995)

2.07.330 Hazardous electrical wiring.

Electrical wiring which was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not being used in a safe manner shall be considered substandard. (Ord. 3127 § 18(A)(5), 1995)

2.07.340 Hazardous plumbing.

Plumbing which was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good condition or which is not free of cross-connections or siphonage between fixtures shall be considered substandard. (Ord. 3127 § 18(A)(6), 1995)

2.07.350 Hazardous mechanical equipment.

Mechanical equipment which was installed in violation of code requirements in effect at the time of installation or mechanical equipment not installed in accordance with generally accepted construction practices in areas where no codes were in effect or which has not been maintained in good and safe condition shall be considered substandard. (Ord. 3127 § 18(A)(7), 1995)

2.07.360 Faulty weather protection.

Buildings or portions thereof shall be considered substandard when they have faulty weather protection which shall include, but not be limited to, the following:

(1) Deteriorated, crumbling or loose plaster;

(2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors;

(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering;

(4) Broken, rotted, split or buckled exterior wall coverings or roof coverings. (Ord. 3127 § 18(A)(8), 1995)

2.07.370 Fire hazard.

Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the director of the fire department, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered a substandard building. (Ord. 98-10 § 2; Ord. 3127 § 18(A)(9), 1995)

2.07.380 Faulty materials of construction.

The use of materials of construction, except those which are specifically allowed or approved by this chapter and the building code, and which have been adequately maintained in good and safe condition, shall cause a building to be substandard. (Ord. 3127 § 18(A)(10), 1995)

2.07.390 Hazardous or unsanitary premises.

The accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rate harborages, stagnant water, combustible materials and similar materials or conditions on a premises constitutes fire, health or safety hazards which shall be abated in accordance with the procedures specified in WCC 2.07.430 through 2.07.450. (Ord. 3127 § 18(A)(11), 1995)

2.07.400 Inadequate exits.

(1) Except for those buildings or portions thereof which have been provided with adequate exit facilities conforming to the provisions of this chapter, buildings or portions thereof whose exit facilities were installed in violation of code requirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard.

(2) Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the director finds that an unsafe condition exists through an improper location of exits, a lack of an adequate number or width of exit, or when other conditions exist which are dangerous to human life. (Ord. 98-10 § 2; Ord. 3127 § 18(A)(12), 1995)

2.07.410 Inadequate fire protection or firefighting equipment.

Buildings or portions thereof shall be considered substandard when they are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this chapter, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. (Ord. 3127 § 18(A)(13), 1995)

2.07.420 Improper occupancy.

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. (Ord. 3127 § 18(A)(14), 1995)

2.07.430 Notices and order of the director.

(1) Commencement of Proceedings. When the director has inspected or caused to be inspected a building and has found and determined that such building is a substandard building, the director shall commence proceedings to cause the repair, rehabilitation, vacation or demolition of the building.

(2) Notice and Order. The director shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

(a) The street address and a legal description sufficient for identification of the premises upon which the building is located.

(b) A statement that the director has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of WCC 2.07.060 through 2.07.090.

(c) A statement of the action required to be taken as determined by the director.

(i) If the director has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefore and the work physically commenced within such time (not to exceed 60 days from the date of the order) and completed within such time as the director shall determine is reasonable under all of the circumstances.

(ii) If the director has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the director to be reasonable.

(iii) If the director has determined that the building or structure must be demolished, the order shall require the building be vacated within such time as the director shall determine reasonable (not to exceed 60 days from the date of the order), that all required permits be secured therefore within 60 days from the date of the order and that the demolition be completed within such time as the director shall determine is reasonable.

(d) Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the director will order the building vacated and posted to prevent further occupancy until the work is completed.

(e) Statements advising:

(i) That any person having any record title or legal interest in the building may appeal from the notice and order or any action of the director to the code enforcement board, provided the appeal is made in writing as provided in this chapter, and filed with the director within 20 days from the date of receipt of service of such notice and order; and

(ii) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

(3) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following, if known to the director or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the director to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.

(4) Method of Service. Service of the notice and order shall be made as provided in WCC 16.06.030, Service of notice of code violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of receipt. (Ord. 2014-02 § 2; Ord. 2001-02 §§ 11, 12, 13; Ord. 98-10 § 2; Ord. 3127 § 19(A), 1995)

2.07.440 Repair, vacation and demolition.

The following standards shall be followed by the director (and by the code enforcement board if any appeal is taken) in ordering the repair, vacation or demolition of any substandard building or structure:

(1) Any building declared a substandard building under this chapter shall be made to comply with one of the following:

(a) The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or

(b) The building shall be demolished at the option of the building owner; or

(c) If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained against entry.

(2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated. (Ord. 2001-02 § 14; Ord. 98-10 § 2; Ord. 3127 § 19(B), 1995)

2.07.450 Notice to vacate.

(1) Posting. Every notice to vacate shall, in addition to being served as provided in WCC 2.07.430(3), be posted at or upon each exit of the building, and shall be in substantially the following form:

DO NOT ENTER
UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Director
....... of .......

(2) Compliance. Whenever such notice is posted, the director shall include a notification thereof in the notice and order issued under WCC 2.07.430(2) reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. Any person violating this subsection shall be guilty of a misdemeanor. (Ord. 98-10 § 2; Ord. 3127 § 19(C), 1995)

2.07.460 Appeals.

(1) General.

(a) Form of Appeal. Any person entitled to service under WCC 2.07.430(3) may appeal from any notice and order or any action of the director under this chapter by filing at the office of the director a written appeal containing:

(i) A heading in the words: “Before the Code Enforcement Board.”

(ii) A caption reading: “Appeals of . . .” giving the names and addresses of all appellants participating in the appeal.

The appeal shall be filed within 20 days from the date of the service of such order or action of the director; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with WCC 2.07.450, such appeal shall be filed within 10 days from the date of the service of the notice and order of the director.

(b) Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the director shall schedule a hearing before the next regular session of the code enforcement board that is no less than 10 days after receipt.

(c) Scheduling and Noticing Appeal of Hearing. As soon as practicable after receiving the written appeal, a written notice of the time and place of the hearing shall be given at least 11 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

(2) Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of WCC 2.07.430 through 2.07.460 shall constitute a waiver of the right to a code enforcement board hearing and adjudication of the notice and order or to any portion thereof.

(3) Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

(4) Staying of Order Under Appeal. Except for vacation orders made pursuant to WCC 2.07.450, enforcement of any notice and order of the director issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ord. 2001-02 § 15; Ord. 98-10 § 2; Ord. 3127 § 20, 1995)

2.07.470 Compliance with orders.

After any order of the director made pursuant to this chapter has become final, no person to whom any such order is directed shall fail, neglect, or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor. (Ord. 98-10 § 2; Ord. 3127 § 21(A)(1), 1995)

2.07.480 Failure to obey orders.

If, after any order of the director made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the director may: (i) cause such person to be prosecuted under WCC 2.07.470, or (ii) institute any appropriate action to abate such building as a public nuisance. (Ord. 98-10 § 2; Ord. 3127 § 21(A)(2), 1995)

2.07.490 Failure to commence work.

Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this chapter becomes effective:

(1) The director shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

SUBSTANDARD BUILDING
DO NOT OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

Director
. . . of . . .

(2) No person shall occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the director or the code enforcement board have been completed and a certificate of occupancy issued pursuant to the provisions of the building code.

(3) The director may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building substandard as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. (Ord. 2001-02 § 16; Ord. 98-10 § 2; Ord. 3127 § 21(A)(3), 1995)

2.07.500 Extension of time to perform work.

Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the director may grant an extension of time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation or demolition, if the director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal the notice and order. (Ord. 98-10 § 2; Ord. 3127 § 21(A)(4), 1995)

2.07.510 Interference with repair or demolition work prohibited.

No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this chapter, or with any person to whom such building has been lawfully sold pursuant to the provision of this chapter, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work or repairing, vacating and repairing, or demolishing any such building pursuant to the provisions of this chapter, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. (Ord. 3127 § 21(A)(5), 1995)

2.07.520 Penalties.

Repealed by Ord. 2001-02. (Ord. 3127 § 22, 1995)