Chapter 6.12
UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES
Sections:
6.12.030 AUTHORITY OF PUBLIC OFFICER.
6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES.
6.12.050 INSPECTION AND COMPLAINT.
6.12.080 ENFORCEMENT OF ORDER.
6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS.
6.12.100 RECOVERY OF COSTS AND EXPENSES.
6.12.110 PERMITS AND REGULATIONS.
6.12.120 REMEDIES NOT EXCLUSIVE.
6.12.010 PURPOSE - FINDINGS.
(a) Pursuant to Chapter 35.80 RCW, incorporated herein by this reference, as currently enacted and hereinafter amended, the City Council finds that there are within the City of Bremerton 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, unpermitted and substandard construction or modification, filth and other conditions attracting insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or other calamities, or other similar conditions and violations of various building, health, and safety regulations, and/or which are vacant, unsecured, and abandoned or apparently abandoned.
(b) Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development.
(c) When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community for the City to intervene and correct, repair, or remove such dwellings, buildings, structures, premises and conditions and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses. (Ord. 5346 §1 (part), 2018)
6.12.020 DEFINITIONS.
As used in this chapter, unless a different meaning is plainly required:
(a) "Abate" means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent to put an end to, or otherwise diminish the intensity of, any condition causing a structure to be dangerous or unfit as the code enforcement officer or the Administrative Hearing Examiner determines is necessary in the interest of the general health, safety and welfare of the community.
(b) "Act" means doing or performing something.
(c) "Administrative Hearing Examiner" means the Administrative Hearing Examiner established pursuant to Chapter 2.13 BMC which shall serve as the board as defined in and pursuant to Chapter 35.80 RCW.
(d) "Building" means any permanent or temporary structure enclosed within exterior walls and a roof, and shall include a dwelling as applicable.
(e) "City" means City of Bremerton.
(f) "Code enforcement officer" means a public officer as defined in RCW 35.80.020(4) and includes any person or persons authorized by statute, ordinance, regulation, written City policy, or interlocal agreement, or designated by the Mayor or his or her designee, to enforce any of the regulations subject to the enforcement provisions of this chapter, and shall expressly include the City’s code enforcement officers; the City Attorney, or his or her designee; the Chief of the Bremerton Police Department, or his or her designee; the Director of the Department of Community Development, or his or her designee; the Director of the Department of Public Works and Utilities, or his or her designee; building inspectors; construction inspectors; the Chief of the Bremerton Fire Department, or his or her designee; Fire Code Official; and fire inspectors. For the purpose of RCW 35.80.020(4), "code enforcement officer" shall also mean Administrative Hearing Examiner as applicable for the duties set forth in this chapter for the Administrative Hearing Examiner.
(g) "Complaint" means a written statement, issued by a code enforcement officer, pursuant to RCW 35.80.030.
(h) "Costs of abatement" means the costs of any abatement action taken by the City to abate the violation using lawful means in the event that the person responsible for the violation fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforcement.
(i) "Costs" or "costs of enforcement" means costs incurred related to enforcement under this chapter, including but not limited to costs of service of notice, costs of the hearing, administrative costs established by resolution for enforcement of garbage and refuse and nuisance vegetation violations, as well as other administrative costs.
(j) "Day" or "days," as used in this chapter, shall mean calendar days unless expressly stated otherwise in a given section or subsection. In addition, any portion of a twenty-four (24) hour day shall constitute a full calendar day.
(k) "Dwelling" shall mean or include any building or structure developed or utilized for human habitation.
(l) "Municipal Court Hearing Examiner" means the Municipal Court Hearing Examiner established pursuant to Chapter 2.62 BMC which shall serve as the appeals commission as defined in and pursuant to Chapter 35.80 RCW.
(m) "Omission" means a failure to act.
(n) "Owner" shall mean the owner or taxpayer shown in the records of the Kitsap County Assessor-Treasurer, recorded with the Kitsap County Auditor, or as otherwise known to the City of Bremerton, and shall include any manager or other representative of the owner, or other person with responsibility for or control over the structure or premises.
(o) "Person" means any individual, firm, association, partnership, corporation or any entity, public or private.
(p) "Person responsible for the violation" or "person who violates" means, unless otherwise defined, any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created the violation or any person who has control over the property and allows the violation to continue.
(q) "Property" or "premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, public rights-of-way, and parking strips, and any lake, river, stream, drainage way or wetland.
(r) "Public officer" means public officer as defined in RCW 35.80.020(4) and includes the code enforcement officer and the Administrative Hearing Examiner as defined in this section.
(s) "Regulation" means and includes the following, as now enacted or hereafter amended:
(1) All Bremerton Municipal Code provisions making reference to this chapter;
(2) All standards, regulations and procedures adopted by the City that make reference to this chapter; and
(3) The terms and conditions of any permit or approval issued by the City, or any concomitant agreement with the City, pursuant to code provisions that make reference to this chapter.
(t) "Structure" shall mean or include that which is built or constructed or a portion thereof and shall include a building or dwelling as applicable.
(u) "Violation" or "civil violation" means an act or omission contrary to a regulation as defined in subsection (s) of this section. A violation continues to exist until abated to the satisfaction of the City, with each day or portion thereof in which the violation continues constituting a separate violation. (Ord. 5346 §1 (part), 2018)
6.12.030 AUTHORITY OF PUBLIC OFFICER.
As defined in BMC 6.12.020, the public officer, as used in this chapter, includes the code enforcement officer and the Administrative Hearing Examiner as applicable, also as defined in BMC 6.12.020. The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. These powers shall include the following in addition to others granted in this chapter:
(a) To determine: (i) which dwellings are unfit for human habitation; and/or (ii) which buildings, structures, or premises are unfit for other use;
(b) To administer oaths and affirmations, examine witnesses, and receive evidence; and
(c) To investigate the dwelling and other property conditions and to enter upon premises for the purpose of making examinations when the code enforcement officer has reasonable grounds for believing they are unfit for human habitation, or for other use;
Provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted;
Provided further, that the public officer may recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the time frames, standards and other provisions of this chapter. Examples of circumstances which may warrant such exercise of discretion include, without limitation, medical illness or disability affecting a property owner’s ability to respond to orders or appear at hearings and bona fide insurance coverage disputes which create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the property owner. (Ord. 5346 §1 (part), 2018)
6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES.
The code enforcement officer may determine that a structure is dangerous or unfit for human habitation or other use if he/she finds that conditions exist in such structure which are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the City. Such conditions may include the following, without limitations:
(a) Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency.
(b) The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency.
(c) The stress in any materials, member, or portion thereof, due to dead and live loads, is more than one and one-half (1-1/2) times the working stress or stresses allowed in the building code, Chapter 17.04 BMC, for new buildings of similar structure, purpose, or location.
(d) Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location.
(e) Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy.
(f) 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 so anchored, attached, or fastened in place, as to be capable of resisting a wind pressure of one-half (1/2) 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.
(g) Any portion thereof is wracked, warped, buckled, settled, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads than is required in the case of similar new construction.
(h) The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.
(i) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used.
(j) 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 within the middle one-third (1/3) of the base.
(k) The building or structure, exclusive of the foundation, shows thirty-three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(l) Any structure or premises that is damaged by fire, wind, earthquake, flood, or any other cause has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned and not thoroughly and adequately secured against unauthorized entry, so as to (i) be an attractive nuisance to children; (ii) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (iii) enable persons to resort thereto and commit unlawful, immoral, or dangerous acts.
(m) 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 jurisdiction, as specified in the building code, Chapter 17.04 BMC, or of any other law of this state or ordinance of the City relating to the condition, location, or structure of buildings.
(n) 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 (50) percent or in any supporting part, member, or portion less than sixty-six (66) percent of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or characteristics required by law for newly constructed buildings of like area, height, and occupancy in the same location.
(o) Any structure or premises which, because of: neglect, dilapidation, decay, damage, or faulty construction; inadequate light, air, or sanitation facilities; infestation of rodents, roaches, wood-destroying organisms, or other vectors of disease; filth or accumulation of garbage; or for any other reason, is unsanitary, unfit for human habitation or occupancy, or in such a condition that is likely to cause sickness or disease.
(p) A structure or premises which, because of obsolescence, deterioration, damage, lack of sufficient or proper fire-resistive construction or fire-protection systems, faulty electric wiring or components, gas connections, or mechanical systems, or other cause, is determined by the Fire Marshal to be a fire hazard.
(q) Equipment or systems which are unsafe due to damage, deterioration, faulty or inadequate maintenance or construction, or any other reason.
(r) Any portion of a structure remaining on a site after the demolition or destruction of the structure or any structure abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public.
(s) Any building or structure in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
(t) Any other condition the Building Official or other official or expert can articulate that renders the structure unsafe or unfit for habitation or occupancy. (Ord. 5346 §1 (part), 2018)
6.12.050 INSPECTION AND COMPLAINT.
(a) Complaint and Service. If, after a preliminary investigation of any dwelling, building, structure, or premises, the code enforcement officer finds that it is dangerous or unfit for human habitation or other use, he/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 Kitsap County Auditor, 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 are unknown and the same cannot be ascertained by the code enforcement officer in the exercise of reasonable diligence, and the code enforcement officer 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 Kitsap County Treasurer-Assessor or Auditor.
(b) Notice of Hearing. Such complaint shall contain a notice that a hearing will be held before the Administrative Hearing Examiner, at a place therein fixed, not less than ten (10) days nor more than thirty (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. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Administrative Hearing Examiner.
(c) Filing of Complaint. A copy of such complaint shall also be filed with the Kitsap County Auditor and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 5346 §1 (part), 2018)
6.12.060 FINDINGS AND ORDER.
(a) Findings. The Administrative Hearing Examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it 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 such municipality. 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 based on City building code, fire code and other applicable City codes.
(b) Order and Service. If, after the required hearing, the Administrative Hearing Examiner determines that the dwelling is dangerous or unfit for human habitation, or building or structure or premises is unfit for other appropriate use, he/she shall state in writing his/her findings of fact in support of such determination, and shall issue and cause to be served upon the owners and parties in interest thereof, as provided in BMC 6.12.050, and shall post in a conspicuous place on the property, an order that (1) requires the owners and parties 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 appropriate 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 BMC 6.12.040; or (2) requires the owners and parties 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 Kitsap County Auditor.
(c) Demolition of Structure. In ordering the required course of action to be taken by the owner to abate the unfit or dangerous structure, the Administrative Hearing Examiner may order the structure or a portion thereof demolished and not repaired under the following circumstances:
(1) The structure is patently illegal with regard to building, zoning, or other regulations;
(2) The estimated cost to repair the structure or portion thereof is more than fifty (50) percent of the value of the structure or portion thereof; or
(3) The estimated cost to repair the structure or portion thereof is less than fifty (50) percent of the value and repairing and/or securing the structure from entry would, nevertheless, cause or allow the structure to remain a hazard or public nuisance, continue a nonconforming use, or otherwise be an unreasonable use of public funds.
(d) Value of Structure. The value of the structure shall be as determined by the Kitsap County Assessor-Treasurer. In estimating the cost of repairing the structure, the Administrative Hearing Examiner may rely upon such cost-estimating publication or method the Building Official deems appropriate. (Ord. 5346 §1 (part), 2018)
6.12.070 APPEALS.
(a) Municipal Court Hearing Examiner. Within thirty (30) days from the date of service upon the owner and posting of the decision issued by the Administrative Hearing Examiner under BMC 6.12.060, the owner or any party in interest may file an appeal with the Municipal Court Hearing Examiner, serving as the appeals commission pursuant to RCW 35.80.030. Appeals shall be filed pursuant to RCW 35.80.030(g).
(b) Order. Absent an injunction issued by a court of competent jurisdiction, in accordance with RCW 35.80.030(2), within thirty (30) days after posting and service of the Municipal Court Hearing Examiner’s order, the decision of the Municipal Hearing Examiner shall be final. The findings and orders of the Municipal Court Hearing Examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the Administrative Hearing Examiner.
(c) Superior Court. An appeal of the decision of the Municipal Court Hearing Examiner pursuant to subsection (b) of this section must be filed with the Superior Court within thirty (30) calendar days of the issuance of the decision.
(d) Service. Service shall be deemed complete when the Administrative Hearing Examiner or Municipal Court Hearing Examiner, or his or her assistant, hands any order, ruling, decision, or other document to a person prior to, during, or after a hearing or sends by certified mail, with return receipt requested, any order, ruling, decision, or other document to a person having an interest therein. (Ord. 5346 §1 (part), 2018)
6.12.080 ENFORCEMENT OF ORDER.
(a) If the owners or parties in interest, following exhaustion of his or her rights to appeal, fail to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the code enforcement officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated and closed, removed, or demolished.
(b) In the enforcement of this section, the code enforcement officer is authorized to enter the structure and/or premises for inspection, testing, sampling, or other purposes preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors as necessary to perform the work, and to spend public funds to complete the work. (Ord. 5346 §1 (part), 2018)
6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS.
If the dwelling, building, structure, or premises is removed or demolished by the code enforcement officer, the code enforcement officer shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in BMC 2.76.150 and 2.78.010 and other applicable laws and policies 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 code enforcement officer, after deducting the costs incident thereto. (Ord. 5346 §1 (part), 2018)
6.12.100 RECOVERY OF COSTS AND EXPENSES.
(a) Costs of Abatement. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the code enforcement officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid.
(b) Related Costs. For purposes of this section, the cost of vacating and closing shall include all reasonable expenses, including but not limited to the costs of staff time, materials, incidentals, mailing, publishing, and recording notices.
(c) Certification and Final Order. Upon certification by the City Treasurer of the assessment amount being due and owing, the code enforcement officer will send a notice to the property owner requesting payment and scheduling a hearing in front of the Administrative Hearing Examiner to sign a final order certifying the assessment amount due and owing that would be sent to the Assessor. The final order is not appealable to the Municipal Court Hearing Examiner.
(d) Assessment on Property. If unpaid, the final order certifying the assessment amount due and owing shall be sent to the County Assessor-Treasurer to 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 abatement fund of the City.
(e) Lien. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes. (Ord. 5346 §1 (part), 2018)
6.12.110 PERMITS AND REGULATIONS.
All repairs, improvements, maintenance, or other work performed in relation to any enforcement under this code shall be performed and completed in compliance with all permitting and other requirements of all applicable codes and regulations. The owner shall be responsible for identifying and complying with all applicable codes and regulations. (Ord. 5346 §1 (part), 2018)
6.12.120 REMEDIES NOT EXCLUSIVE.
(a) This section does not abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(b) This section does not impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Ord. 5346 §1 (part), 2018)