Chapter 15.08
DANGEROUS BUILDINGS
Sections:
15.08.010 Purpose and findings.
15.08.020 Dangerous building definition.
15.08.040 Duties of the building official.
15.08.060 Hearings before the building official.
15.08.010 Purpose and findings.
It is hereby found that there exist dwellings which are unfit for human habitation, or buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the city of Colville, and are dangerous buildings. This purpose is consistent with RCW 35.80.010. (Ord. 1718 NS § 1, 2024).
15.08.020 Dangerous building definition.
“Dangerous building” means structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, or a vacant structure that is not secured against entry, and shall also include the International Property Maintenance Code definition of “Unsafe Structure.” (Ord. 1718 NS § 1, 2024).
15.08.030 Building official.
The city of Colville created a position titled “building official” under Chapter 2.32 CMC. If the Colville building official is unable to act for the purposes of this chapter, then the mayor has authority to designate an acting building official for the purposes of this chapter. (Ord. 1718 NS § 1, 2024).
15.08.040 Duties of the building official.
The city of Colville building official shall have the powers necessary and convenient to carry out the purposes and provisions of this chapter, including:
A. Investigation of all structures and premises which he/she has reasonable grounds to believe may be unfit, improperly maintained or substandard.
B. Preparation, service and posting of notices/complaints against structures or premises believed to be in violation.
C. Conducting administrative hearings and rendering decisions based on written findings. (Ord. 1718 NS § 1, 2024).
15.08.050 Notice/complaint.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the building official finds that it is a dangerous building, he or she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Stevens County auditor’s office, and shall post in a conspicuous place on such property, a notice/complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence, and the building official makes an affidavit to that effect, then the serving of such notice/complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice/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 notice/complaint and order by first class mail to any address of each such person in the records of the Stevens County assessor or the Stevens County auditor. Such notice/complaint shall contain a notice that a hearing will be held before the building official, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the notice/complaint; and that all parties in interest shall be given the right to file an answer to the notice/complaint, to appear in person, or otherwise, and to give testimony at the time and place in the notice/complaint. This hearing shall take place in front of the building official. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official. A copy of such notice/complaint shall also be filed with the Stevens County auditor, and such filing of the notice/complaint or order shall have the same force and effect as other lis pendens notices provided by law. (Ord. 1718 NS § 1, 2024).
15.08.060 Hearings before the building official.
A. Unless, prior to the time fixed for hearing in the complaint issued by the building official, arrangements satisfactory to the building official of the vacation, closure, demolition, removal, repair, alteration or improvements of the structure or premises are made, the building official shall hold a hearing for the purpose of determining the immediate disposition of the structure or premises.
B. The building official 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 Colville.
C. Such conditions may include the following, without limitations: inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, or a vacant structure that is not secured against entry, or an “Unsafe Structure,” as defined in the most recent edition of the International Property Maintenance Code. A dangerous building may be abated through enforcement of the CMC building code under CMC 15.04.090 in addition to this chapter. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’s occupants, or the occupants of neighboring buildings or of other residents of the city of Colville, and if structural deterioration is of such degree that:
1. Vertical members list, lean, or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base; or
2. Thirty-three percent of the supporting members show damage or deterioration; or
3. The cost of restoration exceeds 60 percent of the value of the building; or
4. The building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the building, and it has remained vacant for six months or more; the building official shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition.
5. Value shall be determined from the current county assessed value, or as determined by the building official. Cost of restoration is the actual estimated cost, as determined by the building official, to restore the structure to make it fit for human habitation, or for other permitted use.
D. If after the required hearing, the building official determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, he/she shall state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in CMC 15.08.050, and shall post in a conspicuous place on the property, an order that:
1. Requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, or structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in subsection (C) of this section; or
2. Requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the Stevens County auditor in which the dwelling, building, structure, or premises is located. (Ord. 1718 NS § 1, 2024).
15.08.070 Appeal.
A. The owner or any party in interest, within 30 days from the date of service upon the owner and posting of an order issued by the building official under CMC 15.08.060, may file an appeal with the Colville city council. If no appeal is filed, a copy of such order shall be filed with the Stevens County auditor and shall be a final order.
B. The Colville city council shall:
1. Resolve all matters submitted to it within 60 days from the date of filing therewith; and
2. Make available to the owner or other party in interest upon demand a transcript of the finding of fact of the Colville city council. (Ord. 1718 NS § 1, 2024).
15.08.080 Enforcement.
A. If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the building official may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed or demolished.
B. The city may, at the end of the appeal period, or in the event of an emergency, immediately bring an action in the superior court of Stevens County to obtain orders of abatement or other relief. In such event the city shall be able to obtain a judgment for all costs of such action including attorneys’ fees, and all costs, including but not limited to filing fees, service fees and investigative costs. (Ord. 1718 NS § 1, 2024).
15.08.090 Costs.
A. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the building official, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. Upon certification by the city of Colville treasurer to the Stevens County treasurer, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a party of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city of Colville.
B. If the dwelling, building, structure, or premises is removed or demolished by the building official, the building official, if possible, shall sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in RCW 35.80.030, 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 building official, after deducting the costs incident thereto.
C. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
D. Any judgment lien shall be foreclosed by the county under the lien foreclosure statutes, including but not limited to Chapter 84.64 RCW. Further, the city of Colville may be a bidder at the sale. (Ord. 1718 NS § 1, 2024).
15.08.100 Emergencies.
The provisions of this chapter shall not prevent the building official or any other officer of the city or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 1718 NS § 1, 2024).