Chapter 16.14
ABATEMENT

Sections:

16.14.010    Abatement.

16.14.020    Summary abatement.

16.14.030    Emergencies and dangerous properties.

16.14.040    Authorized action by the city.

16.14.050    Recovery of costs and expenses related to summary or judicial abatement.

16.14.060    Administrative abatement.

16.14.070    Interference.

16.14.010 Abatement.

The city may abate the code violation when:

(1) The terms of voluntary correction agreement pursuant to Chapter 16.04 WCC have not been met; or

(2) The code enforcement board’s decision issued pursuant to WCC 16.16.070(2) authorizes the city to abate the violation; or

(3) The condition is subject to summary abatement as provided for in WCC 16.14.020 and 16.14.030. (Ord. 2014-02 § 1)

16.14.020 Summary abatement.

Whenever any violation of a Wenatchee City Code or ordinance section causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. As soon as reasonably possible after the abatement, written notice of such abatement, including the reason for it, shall be served upon the person responsible for the violation. (Ord. 2014-02 § 1)

16.14.030 Emergencies and dangerous properties.

In addition to the remedies provided elsewhere, the administrator is authorized to abate such dangerous buildings, structures and/or associated properties in accordance with the dangerous building procedures set forth in the Uniform Code for Abatement of Dangerous Buildings, as it now exists or may hereafter be amended, with the following modifications:

(1) Due to public safety hazards, utilities may be disconnected;

(2) Building(s) and structures will be inspected to determine compliance with all Wenatchee City Code or ordinance sections;

(3) Building(s) and properties will be posted or otherwise secured against entry; and

(4) No reconnection of utilities or re-occupancy of the building(s), structures or property shall be allowed until the violations have been corrected, and all dangerous conditions abated to the satisfaction of the building official and administrator, and a notice of release for re-occupancy has been issued. (Ord. 2014-02 § 1)

16.14.040 Authorized action by the city.

Using any lawful means, the city may enter upon the subject property and may remove or correct the condition that is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition. (Ord. 2014-02 § 1)

16.14.050 Recovery of costs and expenses related to summary or judicial abatement.

(1) The owner and person responsible for the violation shall be responsible for the fines, penalties, liquidated damages, and costs, including incidental expenses, of correcting the violation. The term “incidental expense” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees and court related costs; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing.

(2) If the costs incurred by the city for repairs, alterations or improvements, or of vacating and closing, or of demolition and removal are not paid after a written demand upon the owner and/or other persons named as responsible parties, such costs may be collected by the city through such collection efforts as it deems reasonable, which may include an administrative process, a collection agency or judicial action.

(3) If the building or structure is removed or demolished by the city, the administrator shall, if possible, sell the salvable materials from the building or structure and shall apply the proceeds of the sale to the reimbursement of the costs of demolition and removal. Any funds remaining after recovery of the city’s costs and expenses shall be paid to the owner and/or persons responsible for the violations. (Ord. 2014-02 § 1)

16.14.060 Administrative abatement.

[Reserved.] (Ord. 2014-02 § 1)

16.14.070 Interference.

No person shall obstruct, impede, or interfere with the city or its agents, or with any person who owns or holds any interest or estate in any property, in performing any acts necessary to correct the violation. Violation of this subsection shall be a misdemeanor. (Ord. 2014-02 § 1)