Chapter 16.24
DANGEROUS BUILDINGS
Sections:
16.24.010 Adopted by reference – Copies on file.
16.24.030 Dwelling unfit for habitation if deemed dangerous.
16.24.040 Dangerous building described.
16.24.050 Violation – Penalty.
16.24.010 Adopted by reference – Copies on file.
The town adopts by reference Chapter 35.80 RCW, and has deposited three copies thereof with the town clerk-treasurer for public inspection and reference. (Ord. 89-4 § 1, 1989).
16.24.020 Definitions.
In compliance with the provisions of state law adopted by reference the town further ordains as follows:
A. The “appeals commission” provided by this chapter shall be the council of the town.
B. The designated “building inspector” of the town is the designated hearing officer to enforce the provisions of RCW 35.80.030, which has been adopted by reference, and all powers granted to the hearing board are granted to such officer. (Ord. 89-4 § 2, 1989).
16.24.030 Dwelling unfit for habitation if deemed dangerous.
The building inspector shall not determine that a dwelling, building or structure is unfit for habitation or other use unless it is a “dangerous building” as defined in EMC 16.24.040. (Ord. 89-4 § 3, 1989).
16.24.040 Dangerous building described.
For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described is a “dangerous building,” provided, that such conditions or defects exist to the extent that the life, health, property, or safety of the public, or its occupants are endangered:
A. 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;
B. Whenever the stress in any material, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses provided by the building regulations of this town, as specified in the town’s current International Building Code;
C. 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 town’s current International Building Code, for new buildings of similar construction;
D. Whenever any portion or member or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property;
E. 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 so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the town’s current International Building Code, for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the town’s current International Building Code, for such buildings;
F. 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;
G. Whenever the building or structure, or any portion thereof, because of:
1. Dilapidation, deterioration or decay,
2. Faulty construction,
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building,
4. The deterioration, decay or inadequacy of its foundations, or
5. Any other cause, is likely to partially or completely collapse;
H. Whenever, for any reason, the building or structure, or any portion thereof is manifestly unsafe for the purpose for which it is being used;
I. 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;
J. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or covering;
K. 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:
1. An attractive nuisance to children,
2. A harbor for vagrants, criminals or immoral persons, or as to
3. Enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
L. 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 town, as specified in the town’s current International Building Code, or of any law or ordinance of this state or town relating to the conditions, location, or structure of buildings;
M. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than 50 percent, or in any supporting part, member, or portion less than 66 percent of the:
1. Strength,
2. Fire-resisting qualities or characteristics, or
3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location;
N. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer of the town, to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;
O. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire chief of the town to be a fire hazard;
P. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
Q. 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 in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (Ord. 2007-25 § 14, 2007; Ord. 2005-18 § 14, 2005; Ord. 2005-06 § 14, 2005; Ord. 2004-07 § 14, 2004; Ord. 89-4 § 4, 1989).
16.24.050 Violation – Penalty.
In addition to the remedies authorized by Chapter 35.80 RCW, it shall be unlawful for an owner to maintain a “dangerous building” after a notice has been sent to the owner of the building by registered mail and by posting a copy of the notice on the front door of the premises, or by personal service, specifying the grounds constituting a “dangerous building,” and the owner has failed to take action on an ongoing basis reasonably calculated to correct the deficiencies within a reasonable period of time, within 30 days of the mailing and posting, or personal service on said owner. A violation of this chapter may be punished by imposition of a monetary fine of $500.00 for each infraction. (Ord. 89-4 § 5, 1989).