Chapter 15.113
BATTLE GROUND DANGEROUS BUILDINGS CODE
Sections:
15.113.030 Definition of terms.
15.113.040 Administration and enforcement.
15.113.050 Abatement of dangerous buildings—Terms and conditions.
15.113.060 Notice and order—Commencement of proceedings.
15.113.070 Notice and order—Issuance and contents.
15.113.080 Notice and order—Service upon whom.
15.113.090 Notice and orders—Method of service.
15.113.100 Notice and orders—Proof of service.
15.113.110 Notice and order—Recordation of.
15.113.120 Repair, vacation and demolition— Procedure.
15.113.130 Notice to vacate—Posting.
15.113.140 Notice to vacate—Compliance.
15.113.150 Failure to comply—Consequences.
15.113.160 Failure to commence work—Consequences.
15.113.170 Extension of time to conform to order when.
15.113.180 Interference with repair or demolition work prohibited.
15.113.190 Repair or demolition—Administrative procedure.
15.113.010 Short title.
The short title of this chapter shall be the Battle Ground dangerous buildings code. This chapter may be cited by its short title. (Ord. 95-769 § 3 (part), 1995)
15.113.020 Purpose and scope.
A. Purpose. It is the purpose of this code to provide a just, equitable and practical method, to be cumulative with and in addition to, any other remedy provided by the building code, the housing code or otherwise available at law, whereby buildings which from any other 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. The purpose of this code 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 by the terms of this code.
B. Scope. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous in this jurisdiction. Any alterations, additions or repairs as required by this chapter shall be in compliance with the code provisions set forth in the other chapters of this title. (Ord. 95-769 § 3 (part), 1995)
15.113.030 Definition of terms.
A. Terms and Construction. For the purpose of this code, 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 have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, unabridged, copyright 1981, shall be construed as providing ordinary accepted meanings. Words used 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” means the Uniform Building Code promulgated by the International Conference of Building Officials, as adopted in BGMC 15.104.010.
2. “Dangerous building” means any building or structure deemed to be dangerous under subsection B of this section.
3. “Building official” means that person appointed by the city manager to supervise and monitor the application and enforcement of the building code.
B. Dangerous Building. For the purposes of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building; provided, that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered:
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stress is allowed in the building code for new buildings or similar structure, purpose of location;
4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose and location;
5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not anchored, attached or fastened in place so as to be capable of resisting wind pressure of one and one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;
7. Whenever any portion thereof has wrecked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
8. Whenever the building or structure or any portion thereof because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
11. Whenever the building or structure, exclusive of the foundation, shows thirty-five percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children, a harbor for vagrants or criminals, or as to enable persons to resort thereto for the purpose of committing unlawful acts;
13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city as set forth in BGMC 15.104.010, et seq., or any law or ordinance of this state or county relating to the condition, location or structure of buildings;
14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent or in any supporting part, member or portion less than sixty-six percent of the strength, fire resisting qualities or characteristics, or weather resisting qualities or characteristics required by the law in the case of a newly constructed building of like area, height and occupancy in the same location;
15. Whenever a building or structure used or intended to be used for dwelling purposes because of inadequate maintenance, dilapidation, decay, damage, fault construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the district health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard;
17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law;
18. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period of time in excess of six months so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
C. Exception. Buildings or structures designed, constructed and used solely to house farm implements, hay, grain, poultry, livestock or other horticultural products are exempt from the provisions herein; provided, that said structures shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged; nor shall it be a place used by the public. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.040 Administration and enforcement.
A. Administration. The city manager of the city of Battle Ground or such person the city manager designates as the “building official,” together with his/her agents, are authorized to enforce the provisions of this code.
B. Inspections. The Southwest Washington Health District designated officer, the fire marshal of Clark County, the city fire chief, and any designated building official are authorized to make such inspection and to take any actions as may be required to enforce the provisions of this code.
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 building or premises be occupied, he shall first present proper credentials and request entry, and if such building 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 resisted or refused, the building official or his authorized representative shall have recourse to exercise every remedy provided by law to secure entry including the right to obtain an order from a court of competent jurisdiction for the purpose of entering said premises to make such inspections, after submitting evidence which is adequate to justify such an order. “Authorized representative” shall mean and include the officers named in subsection B of this section. (Ord. 19-21 § 1, 2019: Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.050 Abatement of dangerous buildings—Terms and conditions.
A. Abatement of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in BGMC 15.113.060 through 15.113.140.
B. Violations. It is 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 code.
C. Inspection of Work. Outbuildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code in Sections 305 and 306 of the Uniform Building Code.
D. Appeals. Appeals of orders issued pursuant to this chapter shall be in compliance with the provisions of BGMC 15.113.220 which is, by this reference, incorporated herein. Except for vacation orders made pursuant to BGMC 15.113.120, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of any appeal therefrom which is properly and timely filed. (Ord. 03-012 § 3 (part), 2003: Ord. 95-769 § 3 (part), 1995)
15.113.060 Notice and order—Commencement of proceedings.
Whenever the city manager/building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.070 Notice and order—Issuance and contents.
A. The city manager/building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:
1. The street address and legal description sufficient for identification of the premises upon which the building is located;
2. A statement that the city manager and/or building official has found the building to be dangerous with a brief and concise description of the condition(s) found to render the building dangerous under the provision of BGMC 15.113.030;
3. A statement of the action required to be taken by the city manager and/or building official.
B. If the city manager and/or building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty days from the date of the order) and completed within such time as the city manager/building official shall determine is reasonable under all of the circumstances.
C. If the city manager and/or building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the city manager/building official to be reasonable.
D. If the city manager and/or building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the city manager and/or building official shall determine is reasonable (not to exceed sixty days from the date of the order); that all permits be secured therefor within sixty days from the date of order, and that the demolition be completed within such time as the city manager and/or building official shall determine is reasonable.
1. Statements specifying the amounts of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
2. Statements advising that if any required repair or demolition work (without vacation also being repaired) is not commenced within the time specified, the city manager and/or building official:
a. Will order the building vacated and posted to prevent further occupancy until the work is completed;
b. May proceed to cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation; and
c. If any assessable penalty is not paid, will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation;
3. Statements advising that:
a. Any person having any record title or legal interest in the building may appeal from the notice and order or any action of the city manager/building official to the examiner, provided in BGMC 15.113.220 and filed with the city manager/building official within ten days of the date of service of such notice and order; and
b. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. (Ord. 03-012 § 3 (part), 2003: Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.080 Notice and order—Service upon whom.
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 city manager/building official or disclosed from official public records:
A. The holder of any mortgage or deed of trust or other lien or encumbrance of record;
B. The owner or holder of any lease of record;
C. 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 city manager/building official 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 debt or obligation imposed by the provisions of this section. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.090 Notice and orders—Method of service.
Service of the notice and order shall be personally served upon the owner or reputed owner of the property and posted upon the subject property. (Ord. 95-769 § 3 (part), 1995)
15.113.100 Notice and orders—Proof of service.
Proof of service of the notice and order shall be certified to at the time of service by written declaration under penalty of perjury executed by the persons affecting service, declaring the date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the city manager/building official. (Ord. 95-769 § 3 (part), 1995)
15.113.110 Notice and order—Recordation of.
A. If compliance is not had within the time specified therein, and no appeal has been properly and timely filed, or if the board of appeals and examiners affirms the findings of the city manager/building official, the city manager/building official shall file in the office of the county recorder a certificate describing the property and certifying:
1. That the building is a dangerous building; and
2. That the owner has been so notified.
B. Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the city manager/building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made, so that the building is no longer dangerous, whichever is appropriate. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.120 Repair, vacation and demolition— Procedure.
The following standards shall be followed by the city manager/building official (and by the board of appeals and examiners if appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
A. Any building declared a dangerous building under this section shall be made to comply with any one of the following:
1. If repairable, 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
2. The building shall be demolished at the option of the building owner; or
3. 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.
B. 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 its occupants, it shall be ordered to be vacated. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.130 Notice to vacate—Posting.
Every notice to vacate shall, in addition to being served as provided in BGMC 15.113.080, be posted at or upon each exit of the building and shall be in substantially the following form:
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DO NOT ENTER,
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It is a misdemeanor to occupy this building or to remove or deface this notice. |
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__________________________ |
(Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.140 Notice to vacate—Compliance.
Whenever such notice is posted, the city manager/building official shall include a notification thereof and the notice and order issued under BGMC 15.113.070(D), reciting the emergency and specifying 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. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.150 Failure to comply—Consequences.
After any order of the city manager/building official or the board of appeals and examiners made pursuant to this code have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. Any such person who fails to comply with any order is guilty of a misdemeanor punishable by imprisonment or a fine, or both, as provided for punishment of misdemeanors in the state of Washington. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.160 Failure to commence work—Consequences.
Whenever the required repair or demolition is not commenced within thirty days after any final notice and order issued under this code becomes effective:
A. The city manager/building official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
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DANGEROUS BUILDING, DO NOT OCCUPY |
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It is a misdemeanor to occupy this building or to remove or deface this notice. |
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__________________________ |
B. 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 city manager/building official have been completed and a certificate of occupancy issued pursuant to the provisions of the building code. Any such person who fails to comply with the provisions of this section is guilty of a misdemeanor.
C. The city manager/building official 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 dangerous as set forth in the notice and order; or, if the notice and order require demolition, to causing the building to be sold and demolished or demolished and the materials, rubble and debris removed therefrom and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof together with any assessed civil penalties shall be charged as a lien against the property and as a joint and separate personal obligation of any person in violation. Any surplus realized from the sale of any such building, or the demolition thereof, over and above the cost of demolition, civil penalty assessment, and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.170 Extension of time to conform to order when.
Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the city manager/building official may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty days within which to complete the repair, rehabilitation or demolition, if the city manager/building official determines that such extension of time will not create or perpetuate a situation imminently dangerous to life or property. The city manager/ building official’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time requirements for appeal of a notice and order. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.180 Interference with repair or demolition work prohibited.
No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of this jurisdiction 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 code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or a stake in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code. Any person who violates the provisions of this section shall be guilty of a misdemeanor. (Ord. 95-769 § 3 (part), 1995)
15.113.190 Repair or demolition—Administrative procedure.
When any work of repair or demolition is to be done pursuant to BGMC 15.113.160, the city manager/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 the director. Plans and specifications therefor may be prepared by the director, or he may employ such architectural and engineering assistants 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. (Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)
15.113.200 Violation—Penalty.
Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and each person is guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted and upon conviction of any such violation, such person shall be punished by a fine or by imprisonment as provided by Washington State statutes regarding punishment for misdemeanors. (Ord. 95-769 § 3 (part), 1995)
15.113.220 Appeal procedure.
In the event the owner or reputed owner of the building or structure declared to be unsafe or dangerous feels that the order of the city manager and/or building official is arbitrary or capricious or is unreasonable, the owner or reputed owner may give written notice of appeal, to the city manager and/or building official, within ten days of the date of service of the notice served upon him, requiring the ruling to be presented to the hearing examiner in accordance with appeal procedures specified in BGMC 17.200.140. (Ord. 03-012 § 3 (part), 2003: Ord. 98-023 (part), 1998; Ord. 95-769 § 3 (part), 1995)