Chapter 16.06
BUILDING CODE

Sections:

16.06.002    International codes – Adopted by reference.

16.06.004    Section 101 – General.

16.06.006    Section 103 – Department of building safety.

16.06.008    Section 105 – Permits.

16.06.010    Section 105.3.2 – Time limitation of application.

16.06.012    Section 105.5 – Expiration.

16.06.014    Section 105.8 (R105.10) – Business license required.

16.06.016    Section 107 – Submittal documents.

16.06.018    Section 108 – Temporary structures and uses.

16.06.020    Section 109 – Fees.

16.06.022    Section 109.4 – Work commencing before permit issuance.

16.06.024    Section 109.6 – Refunds.

16.06.026    Section 110 – Inspections.

16.06.028    Section 111 – Certificate of occupancy.

16.06.030    Section 111.2 – Certificate issued.

16.06.032    Section 111.3 – Temporary occupancy.

16.06.034    Section R403.1.1 – Minimum size of footing/foundations.

16.06.036    Sections R405 – Foundation drainage and R405.1 – Concrete or masonry foundations.

16.06.038    Violations and penalties.

16.06.050    Amendments to International Property Maintenance Code.

16.06.002 International codes – Adopted by reference.

Pursuant to RCW 35A.12.140, and as adopted and amended by the State Building Code Council in Chapter 51-50 WAC, the following codes of technical regulations are adopted by this reference as if fully set forth, subject to the modifications or amendments set forth in this chapter, and with the exception of those provisions of the codes set forth in this chapter; provided, that the building and planning director or building official at any time may adopt any subsequent or amended versions of the following codes without further action by the city council, such that the most current version of the regulations remains in effect:

(1) The International Building Code, published by the International Code Council, is hereby adopted by reference with the exceptions noted in Chapter 51-50 WAC. Chapter 1 and Appendices E, F, H, I and J are included in the adoption of the International Building Code.

(2) The International Residential Code as published by the International Code Council is hereby adopted by reference, with the exceptions noted in Chapter 51-51 WAC and with the following additions, deletions, and exceptions; provided, that Chapters 11 and 25 through 43 of this code are not adopted. Appendix F, Radon Control Methods, Appendix G, Swimming Pools, Spas and Hot Tubs, Appendix U, Dwelling Unit Fire Sprinkler Systems, and Appendix V, Fire Sprinklers, are included in adoption of the International Residential Code subject to the following exception for Appendices U and V:

Exception: Detached one-family dwellings with less than 5,000 square feet of livable space; provided, any new addition to an existing residential structure shall only be required to sprinkle the new area when the total livable space exceeds 5,000 square feet and the percentage of new area is 40 percent or more of the original square feet of livable space.

(3) The 2018 Washington State Residential and Commercial Energy Code as published by the International Code Council is hereby adopted by reference with the exceptions noted in Chapter 51-52 WAC.

(4) The International Mechanical Code as published by the International Code Council is hereby adopted by reference with the exceptions noted in Chapter 51-52 WAC.

(5) The Uniform Plumbing Code, including Appendices A, B, and I, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference with the exceptions noted in Chapter 51-56 WAC.

(6) The International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference.

(7) The International Existing Building Code, published by the International Code Council, is hereby adopted by reference.

(8) The International Fuel Gas Code as published by the International Code Council is hereby adopted by reference with the exceptions noted in Chapter 51-52 WAC.

(9) Minimum Design Requirements. The following climatic and geographic design criteria are adopted pursuant to Section R301.2 of the International Residential Code:

 

Table R301.2(1) Climactic and Geographic Design Criteria

Ground Snow Load:

30 psf

Wind Speed (mph):

120 – exposure B and C

Seismic Design Category:

D2

Subject to Damage from Weathering:

Moderate

Frost Line Depth:

18 inches

Termite:

Slight to Moderate

Decay:

Slight to Moderate

Winter Design Temperature:

26 degrees Fahrenheit

Ice Shield Underlayment Requirement:

No

Flood Hazards:

1995 Flood Firm

Air Freezing Index:

250

Mean Annual Temperature:

45 degrees Fahrenheit

Basic Wind Speed:

Assigned value is 120 with 3-second gust (Vult)

(Ord. 09-22 § 1, 2022).

16.06.004 Section 101 – General.

Section 101 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

101.4.4 Property maintenance. The provisions of the Uniform Housing Code, Chapters 10,11,14 and 15, as well as the International Property Maintenance Code, shall apply to existing residential structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

(Ord. 14-22 § 4, 2022; Ord. 09-22 § 1, 2022).

16.06.006 Section 103 – Department of building safety.

Section 103 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

103.1 Creation of enforcement agency. The Building and Planning Department is hereby created. The Director of Building and Planning or his/her designee is hereby designated the Building Official.

(Ord. 09-22 § 1, 2022).

16.06.008 Section 105 – Permits.

Section 105 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions for this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar residential uses, and one-story detached agricultural buildings provided the usable area of either type structure does not exceed 120 square feet. Exemption from a building permit does not include electrical, plumbing or mechanical installation and does not authorize any work to be done in violation of laws or ordinances including but not limited to planning, zoning and setback requirements.

2. Fences not over 6 feet high.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

4. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route.

5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

6. Prefabricated swimming pools accessory to a Group R-3 occupancy that do not exceed 5,000 gallons and are installed entirely above ground.

7. Swings and other playground equipment accessory to detached one- and two-family dwellings.

8. Window awnings supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support of Groups R-3 and U occupancies.

9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height.

10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the International Residential Code.

(Ord. 09-22 § 1, 2022).

16.06.010 Section 105.3.2 – Time limitation of application.

An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension may be requested verbally or in writing and justifiable cause demonstrated. In no case shall permit be extended beyond two years from the date of initial application.

(Ord. 09-22 § 1, 2022).

16.06.012 Section 105.5 – Expiration.

Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, one extension of time, for periods not more than 180 days. Work shall be considered abandoned if an inspection has not been recorded and approved within 180 days. Before such work can be recommenced, a new permit shall be obtained. The fee shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made to the original plans and specifications and the suspension or abandonment has not exceeded one year. When plan review is not required by the building official the fee shall not include the plan review portion of the full permit fee. In order to renew a permit suspended or abandoned for more than one year, the permittee shall pay a new full permit fee unless the project has had an approved rough frame, rough electrical, rough mechanical and rough plumbing inspection. In this case the building official may, on a case-by-case basis, waive the requirement for plans and the renewal fees shall be 25 percent of the full permit fee. When plan review is not required by the building official the fee shall not include the plan review portion of the full permit fee. A notice of code violation may be recorded when a building permit is expired.

(Ord. 09-22 § 1, 2022).

16.06.014 Section 105.8 (R105.10) – Business license required.

Section 105.8 (R105.10). The following paragraph shall be added to this section:

All contractors and sub-contractors shall have a valid and current business license to conduct business within the City of Buckley pursuant to Chapter 6.04 BMC of the Buckley Municipal Code and shall have a valid and current contractor’s license and registration with the State of Washington, Department of Labor and Industries, prior to commencing any actual construction work within the City of Buckley.

(Ord. 09-22 § 1, 2022).

16.06.016 Section 107 – Submittal documents.

Section 107 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

107.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “APPROVED.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

(Ord. 09-22 § 1, 2022).

16.06.018 Section 108 – Temporary structures and uses.

Section 108 of Chapter 1 of the 2018 International Building Code is hereby not adopted in the building code of the city of Buckley. (Ord. 09-22 § 1, 2022).

16.06.020 Section 109 – Fees.

Section 109 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the following schedules.

(A) Plumbing. Fees for plumbing permits and related inspections shall be as set forth in Table 109.2-A below:

Table 109.2-A

PLUMBING PERMIT FEE SCHEDULE

1.

For issuing each permit

$100.00

2.

For issuing each supplemental permit

$20.00

Unit Fee Schedule

(in addition to items 1 and 2 above)

3.

For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefor)

$15.00

4.

For each water heater and/or vent

$10.00

5.

For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps

$10.00

6.

For each installation, alteration or repair of water piping and/or water treating equipment, each

$15.00

7.

For each repair or alteration of drainage or vent piping, each fixture

$10.00

8.

For each backflow protective device other than atmospheric-type vacuum breakers:

 

a.

Two-inch (51-mm) diameter and smaller

$10.00

b.

Over two-inch (51-mm diameter)

$15.00

9.

For medical gas piping system serving one to five inlet(s)/outlet(s)

$50.00

10.

For each additional medical gas inlet(s)/outlet(s)

$5.00

11.

For the complete water distribution and drain waste and vent system installed concurrently with the initial construction of a single-family dwelling, and each unit in a duplex

$200.00

(B) Mechanical. Fees for mechanical permits and related inspections shall be as set forth in Table 109.2-B below:

Table 109.2-B 

MECHANICAL PERMIT FEE SCHEDULE

1.

For the issuance of each permit

$100.00

2.

For issuing each supplemental permit

$15.00

Unit Fee Schedule

(in addition to items 1 and 2 above)

3.

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance up to and including 100,000 Btu/h

$25.00

4.

For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to each appliance over 100,000 Btu/h

$28.20

5.

For the installation or relocation of each floor furnace, including vent

$25.00

6.

For the installation or relocation of each suspended heater, recessed wall heater or floor-mounted unit heater

$25.00

7.

For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit

$15.00

8.

For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or evaporative cooling system, including installation of controls regulated by this code

$15.00

9.

For the installation or relocation of each boiler or compressor to and including three horsepower, or each absorption system including 100,000 Btu/h

$14.70

10.

For the installation or relocation of each boiler or compressor over three horsepower to and including 15 horsepower, or each absorption system over 100,000 Btu/h and including 500,000 Btu/h

$27.15

11.

For the installation or relocation of each boiler or compressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and including 1,000,000 Btu/h

$37.25

12.

For the installation or relocation of each boiler or compressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000,000 Btu/h to and including 1,750,000 Btu/h

$55.45

13.

For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750,000 Btu/h

$92.65

14.

For each air-handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto

$10.65

Note: This fee shall not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in this code.

15.

For each air-handling unit over 10,000 cfm

$18.10

16.

For each evaporative cooler other than portable type

$10.65

17.

For each ventilation fan connected to a single duct

$7.25

18.

For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit

$10.65

19.

For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood

$15.00

20.

For the installation or relocation of each domestic-type incinerator

$18.20

21.

For the installation or relocation of each commercial- or industrial-type incinerator

$14.50

22.

For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed in this code

$15.00

23.

Permit fees for fuel gas piping shall be as follows:

 

a.

For gas piping system of one to four outlets

$20.00

b.

For gas piping system of five or more outlets, each additional outlet

$3.50

24.

Permit fees for process piping shall be as follows:

 

a.

For hazardous process piping system (HPP) of one to four outlets

$8.05

b.

For piping system of five or more outlets, each additional outlet

$3.00

c.

For nonhazardous process piping system (NPP) of one to four outlets

$3.25

d.

For piping system of five or more outlets, each additional outlet

$3.00

25.

For the complete heating and ventilation system equipment, including state of Washington ventilation requirements and gas piping system if needed, installed concurrently with the initial construction of a single-family dwelling, and each unit in a duplex

$200.00

(C) Grading. Fees for grading permits, for review of grading plans, and for related inspections shall be as set forth in Chapter 16.01 BMC.

(D) Factory-Assembled Structures. Notwithstanding any other provision of the Buckley Municipal Code, fees for installation of a factory-assembled structure, including structures meeting the requirements of Chapter 16.40 BMC for manufactured homes or designated manufactured homes, shall be $1,000 per installation. Fees for building permits for structures attached to a factory-assembled structure, including, but not limited to, garages that are not structurally dependent upon the factory-assembled structure for support, shall be as noted above for building permits based on valuation of construction. Where a conflict exists between the fee noted here and fees described in other titles of the Buckley Municipal Code, the fee noted here shall apply. Factory-assembled structures constructed prior to June 15, 1976, shall be required to undergo inspection and approval by the State of Washington, Department of Labor and Industries, prior to issuance of the installation permit.

(E) Energy Code (REC). Fees for review of plans and inspection of the construction work related to sections of the Washington State Energy Code that prescribe requirements for residential buildings, previously referred to as the Residential Energy Code (REC), shall be $100.00 per application.

(F) Energy Code (NREC). Fees for review of plans and inspection of the construction work related to sections of the Washington State Energy Code that prescribe requirements for nonresidential buildings, previously referred to as the Non-Residential Energy Code (NREC), shall be as set forth in the following table. This fee shall not be applied to mechanical permits where mechanical equipment is being replaced with equipment of the same fuel source as the existing equipment.

TOTAL VALUATION

NREC FEE

$1 to $20,000

$100.

$20,001 to $300,000

$100 for the first $20,000 plus $1.50 for each additional $1,000 or fraction thereof, to and including $300,000.

$300,001 to $800,000

$520 for the first $300,000 plus $0.75 for each additional $1,000 or fraction thereof, to and including $800,000.

$800,001 to $1,020,000

$895 for the first $800,000 plus $0.50 for each additional $1,000 or fraction thereof, to and including $1,020,000.

$1,020,001 or more

$1,005 maximum.

109.3 Building permit valuations. The determination of value or valuation under any of the provisions of this code shall be made by the building official and shall be based on valuation data supplied periodically by the International Code Council or market value based on local assessment ratios or any other data as may be available to the building official for review. The valuation to be used in computing the permit and plan check fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent work or permanent equipment.

EXCEPTION: The building official shall determine the valuation when no applicable data is available.

(Ord. 09-22 § 1, 2022).

16.06.022 Section 109.4 – Work commencing before permit issuance.

Any person who commences any work for which a permit is required before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be in addition and equal to the amount of the permit fee required by this code. The minimum investigation fee shall be equal to the amount of the permit fee excluding the plan check fee set forth by the city of Buckley city council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(Ord. 09-22 § 1, 2022).

16.06.024 Section 109.6 – Refunds.

109.6 Refunds. The building official may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The building official may also authorize refunding of not more than 80 percent of the permit fee, excluding any plan review fees paid when no work has been done under a permit issued in accordance with this code. No refunds will be processed for permits 360 or more days from date of expiration.

(Ord. 09-22 § 1, 2022).

16.06.026 Section 110 – Inspections.

Section 110 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

110.3.1 Footing and foundation inspection.

Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place including all anchor bolts hold downs and related cast-ins. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. The building official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the building official. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when the work for which the inspection is requested is not complete or when corrections noted on previous inspection are not made.

A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Re-inspection fees may be assessed when the inspection record card is not posted on the work site; the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection was requested, or for deviating from plans requiring approval of the building official. To obtain a re-inspection, the applicant shall pay the re-inspection fee in accordance with the fee schedule established by resolution of the Buckley city council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the re-inspection fees have been paid.

(Ord. 09-22 § 1, 2022).

16.06.028 Section 111 – Certificate of occupancy.

Section 111 of Chapter 1 of the 2018 International Building Code is hereby amended to read:

111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. For one- and two-family dwellings a building permit with an approved final inspection shall be considered the certificate of occupancy.

Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2, Group U occupancies or buildings which are accessory to one- and two-family dwellings.

(Ord. 09-22 § 1, 2022).

16.06.030 Section 111.2 – Certificate issued.

Prior to requesting a final inspection, it shall be the duty of the holder of the building permit or their duly authorized agent to obtain approvals from all agencies identified on the certificate of occupancy routing form. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building and Planning department, building inspection division, the building official shall issue a certificate of occupancy.

The certificate of occupancy shall contain the following:

1. The building permit number.

2. The address of the structure.

3. The name and address of the owner.

4. A description of that portion of the structure for which the certificate is issued.

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6. The name of the building official.

7. The edition of the code under which the permit was issued.

8. The use and occupancy, in accordance with the provisions of Chapter 3.

9. The type of construction as defined in Chapter 6.

10. The design occupant load.

11. If an automatic sprinkler system is provided, whether the sprinkler system is required.

12. Any special stipulations and conditions of the building permit.

(Ord. 09-22 § 1, 2022).

16.06.032 Section 111.3 – Temporary occupancy.

The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid is hereby amended to read:

The building official is authorized to issue a temporary certificate of occupancy. Only when all other agencies and departments have approved the final can the permit holder or authorize agent petition in writing request a temporary certificate of occupancy for 30 days, 60 days, but no longer than 90 days. The building official shall review the request for approval or changes to be made.

(Ord. 09-22 § 1, 2022).

16.06.034 Section R403.1.1 – Minimum size of footing/foundation.

Section R403.1.1 of the 2018 International Residential Code is hereby amended to read:

R403.1.1 Minimum size footing/foundation. Minimum sizes for concrete and masonry footings within the City of Buckley shall be 16 inches for 1 story structures, 18 inches for 2 story structures, 20 inches for 3 story structures or as set forth in Table R403.1 and Figure R403.1(1), but in no case shall footing widths be less than the minimums set forth unless a geotechnical analysis has been submitted and approved by the City demonstrating that less than the minimums listed can support the proposed loads. The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least 6 inches (152 mm) in thickness. Footing projections, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figure R403.1(2), R403.1(3) and R403.1.3.2.

(Ord. 09-22 § 1, 2022).

16.06.036 Sections R405 – Foundation drainage and R405.1 – Concrete or masonry foundations.

Sections R405 Foundation Drainage and R405.12 Concrete or Masonry Foundations of the 2018 International Residential Code are hereby amended to read:

Provisions shall be made for the control and drainage of surface or standing water around buildings by installation of an approved rain drain system that is tightlined to an approved public stormwater conveyance system.

Adequate provisions shall be made to ensure that under-floor spaces remain free of running or standing water by the installation of drains or by installing structural fill material that lifts the foundation to level that is above the existing water table. At a minimum, such drains shall be installed around the perimeter of the building at the footings.

Additional drains may be required in the under-floor space. The drainpipes shall be sufficient size to adequately convey water to an approved public conveyance system but shall be a minimum size of four inches. Provisions shall be made to prevent the drainage system from becoming blocked by soil. The Building Official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building and the project is in compliance with adopted stormwater requirements.

(Ord. 09-22 § 1, 2022).

16.06.038 Violations and penalties.1

A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of a permit, or who undertakes new development without first obtaining a valid building permit from the city of Buckley shall be subject to the violation and penalty provisions of Chapter 16.70 BMC.

(Ord. 09-22 § 1, 2022).

16.06.050 Amendments to International Property Maintenance Code.

The International Property Maintenance Code is amended as follows:

(1) All references in the IPMC to “code official” are amended to read as “public officer.”

(2) Section 101.2, Scope, is amended to read as follows:

101.2 Scope and Purpose.

Pursuant to chapter 35.80 of the Revised Code of Washington (RCW), the City Council finds that there are within the City of Buckley, 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.

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.

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 buildings, structures, 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.

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.

(3) Section 104.1, General, is amended to read as follows:

104.1 Authority of Public Officer.

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)(i) To determine which dwellings are unfit for human habitation; (ii) to determine 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 Public officer has reasonable ground 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 timeframes, 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.

(4) Section 107, Notices and Orders, is renamed “Section 107, Procedures.”

(5) Section 107.1, Notice to person responsible, is replaced as follows:

107.1 Inspection and Complaint.

If, after a preliminary investigation of any dwelling, building, structure, or premises, the Public Officer finds that it is dangerous or unfit for human habitation or other use, he 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 Pierce 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 is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public 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 Pierce County Treasurer-Assessor or Auditor. Such complaint shall contain a notice that a hearing will be held before the Public Officer, at a place therein fixed, not less than ten days nor more than thirty 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 Public Officer. A copy of such complaint shall also be filed with the Pierce 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.

(6) Section 107.2, Method of service, is replaced as follows:

107.2 Findings and Order.

A. If, after the required hearing, the Public Officer 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 this section, and shall post in a conspicuous place on the property, an order that (i) 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 this section; or (ii) 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 Pierce County Auditor.

B. In ordering the required course of action to be taken by the owner to abate the unfit or dangerous structure, the Public Officer may order the structure or a portion thereof demolished and not repaired under the following circumstances:

i. The structure is patently illegal with regard to building, zoning, or other regulations;

ii. The estimated cost to repair the structure or portion thereof is more than 50% of the value of the structure or portion thereof; or,

iii. The estimated cost to repair the structure or portion thereof is less than 50% 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.

The value of the structure shall be as determined by the Pierce County Assessor-Treasurer. In estimating the cost of repairing the structure, the Public Officer may rely upon such cost estimating publication or method the Building Official deems appropriate. The determination of the Public Officer shall be subject to appeal to the hearing examiner as governed by Section 111, except that the appeal deadline shall be 14 calendar days instead of 30 days.

(7) Section 110.1, General, is amended by the addition of the following paragraph:

In enforcement of this section, the public officer may have the structure demolished, even if the order does not require demolition, if the estimated cost to repair the structure or portion thereof is less than 50% of the current county assessed value of the structure, the structure is abandoned or the owner is unresponsive, 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 non-conforming use, or otherwise be an unreasonable use of public funds.

(8) Section 111, Means of Appeal, is deleted and replaced as follows:

111 Appeals.

Within thirty days from the date of service upon the owner and posting of the decision issued by the Public Officer, the owner or any party in interest may file an appeal with the City Clerk for a hearing before the Hearing Examiner as governed by Chapter 20.32 BMC. All matters under this Chapter shall be resolved by the Hearing Examiner within sixty days from the date of filing therewith and a transcript of the findings of fact of the Examiner shall be made available to the owner or other party in interest upon demand. The findings and orders of the Hearing Examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the Public Officer.

Absent an injunction issued by a court of competent jurisdiction, the decision of the Hearing Examiner shall be final thirty days after issuance.

(9) Section 112.4, Failure to comply, is deleted and replaced as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of five hundred dollars ($500.00) per incident.

(10) A new section titled 113, Enforcement of Order, is added.

(11) Section 113.1, Enforcement of order, is added and reads as follows:

If the owners or parties 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 Public Officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated and closed, removed, or demolished.

In the enforcement of this section, the Public Officer is authorized to enter the structure and/or premises as authorized by law 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.

(12) Section 113.2, Sale or disposal of materials, is added and reads as follows:

Prior to removing or demolishing the dwelling, building, structure, or premises, the Public Officer shall, if reasonably possible, attempt to sell the materials and/or contents of the 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 Public Officer, after deducting the costs incident thereto.

(13) Section 113.3, Recovery of expenses, is added and reads as follows:

The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Public Officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. 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.

For purposes of this section, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to the City or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085; (ii) 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; and (iii) all other reasonable expenses, including but not limited to, the costs of staff time, materials, incidentals, mailing, publishing, and recording notices. Upon certification to him, by the Public Officer, of the assessment amount being due and owing, the County Assessor/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.

(14) Section 202, Definitions, add “Public Officer.”

“Public Officer” shall mean any officer who is in charge of any department or branch of the government of the city relating to health, fire, building regulation, or other activities concerning dwellings, buildings, structures, or premises in the municipality or county.

(Ord. 14-22 § 3, 2022).

1

    Code reviser’s note: Ord. 09-22 inadvertently omitted the text of this section. This section has been restored pursuant to the intent of the city.