Chapter 15.24
UNSAFE BUILDINGS
Sections:
15.24.010 Uniform code adopted.
15.24.020 Section 102(a) amended--Purpose.
15.24.030 Section 201(c) amended--Right of entry.
15.24.040 Section 205 amended--Hearing officers.
15.24.050 Section 302 amended--Power to order abatement.
15.24.060 Section 501(b) amended--Appeal.
15.24.070 Section 501(c) amended--Appeal procedure.
15.24.080 Section 801(a) amended--Procedure.
15.24.090 Section 901 amended--Account of city expenses.
15.24.100 Chapter 10 added--Emergency procedure.
15.24.010 Uniform code adopted.
There is adopted by the city that certain code known as the Uniform Code for the Abatement of Dangerous Buildings, the 1988 Edition thereof and the whole thereof, except those portions as are deleted, modified or amended in this chapter. (Ord. 213-B §2, 1989)
15.24.020 Section 102(a) amended--Purpose.
Section 102(a) of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, Housing Code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
and inserting in its place:
It is expressly the purpose of this Code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.
It is the specific intent of this Code that no provision nor any term used in this Code is intended to impose any duty whatsoever upon the Town or any of its officers or employees, for whom the implementation or enforcement of this code shall be discretionary and not mandatory.
Nothing contained in this Code is intended to be nor shall be construed to create or form the basis for any liability on the part of the Town, or its officers, employees or agents, for any injury or damage resulting from the failure of a building to comply with the provisions of this code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this Code, or by reason of any action or inaction on the part of the Town related in any manner to the enforcement of this Code by its officers, employees or agents.
(Ord. 213-B §3, 1989)
15.24.030 Section 201(c) amended--Right of entry.
Section 201(c) of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
(c) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that if such buildings or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry.
When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this code.
“Authorized representative” shall include the officers named in Section 201(b) and their authorized inspection personnel.
and inserting in its place:
201(c) Right of Entry. Whenever necessary to make an inspection to enforce the Town's codes regulating the construction, maintenance and repair of buildings and their appurtenances such as the Building Code, Housing Code, Dangerous Building Code, Electrical Code and Fire Code, or whenever there is reasonable cause to believe there exists a violation of such ordinance or codes, the Fire Chief, Building Official or their authorized representatives may, upon presentation of their proper credentials, enter such buildings or premises to inspect the same or to perform any duty imposed upon him by ordinance only after forty-eight hours of advance notice has been given by certified mail and requested return receipt outlining the reasons and the time for inspection and stating that the property owner has the right to refuse entry subject to review by a court of competent jurisdiction, provided, however, this section shall not be applicable to emergency situations endangering the persons or property, and provided further that the forty-eight hour advance notice may, in the discretion of the appropriate inspecting officer, be dispensed with in the inspection of buildings or structures under construction, repair, alteration or removal or in the inspection of any abandoned building.
In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek the assistance from any court of competent jurisdiction upon notice to said owner and occupant.
(Ord. 213-B §4, 1989)
15.24.040 Section 205 amended--Hearing officers.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read:
The administrative hearings officer for the Town of Wilbur shall hear all appeals of order, decisions or determinations made by the building official relative to the application and interpretations of this code.
Appeals to the hearing officer shall be processed in accordance with the provisions contained in §501 of the uniform code unless different procedural rules are mandated by RCW Chapter 35.80 in which case the requirements of said RCW Chapter 35.80 shall be followed only.
(Ord. 213-B §5, 1989)
15.24.050 Section 302 amended--Power to order abatement.
Section 302 of the Uniform Code for the Abatement of Dangerous Buildings is amended by adding this additional section:
For the purposes of this Code, the power to order abatement by repairing, rehabilitation, demolition or removal shall include the power to order a dangerous building which is vacant or for which an order of vacation is in effect secured against unauthorized entry.
(Ord. 213-B §6, 1989)
15.24.060 Section 501(b) amended--Appeal.
Section 501(b) of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the Board of Appeals.
and inserting in its place:
Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it to the Hearing Officer within 10 days of receiving said appeal.
(Ord. 213-B §7, 1989)
15.24.070 Section 501(c) amended--Appeal procedure.
Section 501(c) of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the Board of Appeals shall fix a date, time and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 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 his address shown on the appeal.
and inserting in its place:
Scheduling and Noticing Appeal for Hearing. Within 10 days of receipt of the written appeal from the building official the Hearing Examiner shall set a date, time and place for the hearing of the appeal. Such date shall not be less than 10 days nor more than 60 days from the date the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 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 his address shown on the appeal.
(Ord. 213-B §8, 1989)
15.24.080 Section 801(a) amended--Procedure.
Section 801(a) of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)3 of this code, the Building Official shall issue his order therefor to the Director of Public Works and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said Director. Plans and specifications therefor may be prepared by said Director, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.
and inserting in its place:
Procedure. When any work or repair, securing or demolition is to be done pursuant to Section 701(c) of this Code, the Building Official shall order the work to be accomplished by the Town personnel or by private contract under the direction of said Building Official. Plans and specifications therefor may be prepared by said Building Official or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary.
(Ord. 213-B §9, 1989)
15.24.090 Section 901 amended--Account of city expenses.
Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting:
Sec. 901. The Director of Public Works shall keep an itemized account of the expense incurred by the Town in the repair or demolition of any building done pursuant to the provisions of Section 701(c)3 of this Code. Upon completion of the work of repair or demolition, said Director shall prepare and file with the Town Clerk a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (c) of Section 401.
and inserting in its place:
Sec. 901. The Director of Public Works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building done pursuant to the provisions of Section 701(c)3 of this Code. Upon the completion of the work of repair or demolition, said Director shall prepare and file with the Clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401.
(Ord. 213-B §10, 1989)
15.24.100 Chapter 10 added--Emergency procedure.
The Uniform Code for the Abatement of Dangerous Buildings is amended by the following addition:
CHAPTER TEN: EMERGENCY PROCEDURE
Town Council Action. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a dangerous building is immediately repaired, secured, vacated or demolished, the Building Official shall report the facts to the Town Council of the Town of Wilbur and the Town Council may cause a resolution to be passed authorizing the Building Official to affect the immediate repair, securing, vacation or demolition of the dangerous building. The costs of the emergency repair, securing, vacation, or demolition of such dangerous buildings shall be collected in the same manner as provided in Chapter Nine.
(Ord. 213-B §11, 1989)