Chapter 15.10
DANGEROUS BUILDINGS
Sections:
15.10.010 General.
The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged, and if such is found to be an unsafe building as addressed in the 1997 Uniform Code for the Abatement of Dangerous Buildings (UCADB), the Building Official shall proceed to give notice and otherwise follow the procedures set forth in the UCADB. (Ord. C-800 § 50, 2013)
15.10.020 Purpose.
Pursuant to Chapter 35.80 RCW, if it is found that there exists, in the City of Airway Heights, dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City, the powers conferred by this chapter shall be used to protect said health and welfare of the residents of the City. (Ord. C-800 § 51, 2013)
15.10.030 Enforcement.
A. If, after a preliminary investigation of any dwelling, building, structure, or premises, the Building Official finds that it is unfit for human habitation or other use, he or she shall cause 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 auditor’s office of the county in which such property is located, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the Building Official in the exercise of reasonable diligence, and the Building Official makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. Such complaint shall contain a notice that a hearing will be held before the Hearing Examiner, as outlined in Chapter 15.03 AHMC, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
B. The Hearing Examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if he or she finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the City of Airway Heights. Such conditions may include the following, without limitations: defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. To guide the Building Official, Hearing Examiner, and employees of either, in determining the fitness of a dwelling for human habitation, or building, structure, or premises for other use, said officials shall use the applicable sections of the codes adopted in this chapter.
C. If, after the required hearing, the Hearing Examiner determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, he or she shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided for in this section, and shall post in a conspicuous place on the property, an order that:
1. Requires the owner or party 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 use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in the adopted codes.
2. Requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located. (Ord. C-800 § 52, 2013)
15.10.040 Appeals.
The owner or any party in interest, within 14 days from the date of service upon the owner and posting of an order issued by the Hearing Examiner, may file an appeal with the Building Official as described in AHMC 15.03.080.
If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the Building Official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, closed, removed, or demolished. (Ord. C-800 § 53, 2013)
15.10.050 Recovery of costs.
A. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the City of Airway Heights shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include:
1. The amount of relocation assistance payments that a property owner has not repaid to the City of Airway Heights for relocation assistance payments advanced to tenants by the City of Airway Heights under RCW 59.18.085.
2. 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 under RCW 59.18.085.
3. If the dwelling, building, structure, or premises is removed or demolished by the City of Airway Heights, the City shall, if possible, sell the materials of such dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Hearing Examiner, after deducting the costs incident thereto.
B. Upon certification to him or her by the Clerk-Treasurer of the City of Airway Heights of the recovery costs amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same 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 provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City of Airway Heights. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. (Ord. C-800 § 54, 2013)