Chapter 15.36
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
15.36.020 Investigation – Notice.
15.36.030 Unknown persons with interest in the property.
15.36.040 Contents of complaint.
15.36.060 Recording of complaint.
15.36.070 Unfitness – Determination – Standards.
15.36.080 Standards for demolition, repair or vacation and closure.
15.36.100 Determination after hearing – Order – Service.
15.36.130 Failure to comply with order.
15.36.150 Code enforcement officer powers.
15.36.170 Violation – Enforcement – Penalties.
15.36.010 Officer designated.
The city of Grandview code enforcement officer is designated to exercise the process as specified in this chapter. (Ord. 2008-3 § 2).
15.36.020 Investigation – Notice.
If, after a preliminary investigation of any dwelling, building, structure or premises, the code enforcement officer finds that it is unfit for human habitation or other use, as provided in GMC 15.36.080, said officer shall so notify the owner and all the persons having any interest therein. Said notice shall be pursuant to the requirements of GMC 8.24.040. (Ord. 2008-3 § 2).
15.36.030 Unknown persons with interest in the property.
If the whereabouts of any persons with an interest in said unfit property is unknown and the same cannot be ascertained by the code enforcement officer in the exercise of reasonable diligence, and the 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 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 county assessor or the Yakima County auditor. (Ord. 2008-3 § 2).
15.36.040 Contents of complaint.
The contents of the complaint shall be in compliance with the requirements of GMC 8.24.040. (Ord. 2008-3 § 2).
15.36.050 Hearings.
All hearings hereunder shall be before the Grandview hearings examiner pursuant to Chapter 2.50 GMC. (Ord. 2008-3 § 2).
15.36.060 Recording of complaint.
When issued, a copy of such complaint shall be recorded with the Yakima 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. 2008-3 § 2).
15.36.070 Unfitness – Determination – Standards.
Any building, structure, or the premises or portion thereof, in or on which any of the following conditions exist to the extent that the health or safety of the occupants, of the occupants of neighboring buildings or structures, or the public is endangered, is declared to be unfit for human habitation or other use. Said conditions include but are not limited to:
A. Structural members that are of insufficient size or strength to safely carry imposed loads, including, but not limited to, the following:
1. Footings or foundations that are weakened, damaged, decayed, deteriorated, insecure or missing,
2. Flooring or floor supports that are damaged, defective, deteriorated, decayed or missing,
3. Walls or partitions that are split or that lean, are decayed, buckled, damaged or missing,
4. Vertical or lateral supports that are damaged, defective, deteriorated, loose, decayed or missing,
5. Ceilings or roofs or their supports that sag, buckle, or are split, decayed or missing, and
6. Fireplaces or chimneys that bulge, settle, or have masonry or mortar which is loose, broken or missing;
B. Inadequate protection to the extent that occupants are exposed to the weather, including but not limited to the following:
1. Crumbling, broken, loose or missing interior wall or ceiling covering,
2. Broken or missing doors, windows, door frames or window sashes,
3. Ineffective or inadequate waterproofing of foundations or floors, and
4. Deteriorated, buckled, broken, decayed or missing exterior wall or roof covering;
C. Inadequate sanitation to the extent that occupants or the general public are directly exposed to the risk of illness or injury, including but not limited to:
1. Lack of, or inadequate number of, toilets, lavatories, bathtubs, showers, or kitchen sinks,
2. Defective or unsanitary plumbing or plumbing fixtures,
3. Lack of running water connections to plumbing fixtures or lack of an approved water service whether caused by disconnection by the city or not,
4. Defective or unsanitary kitchen counter tops or cabinets,
5. Lack of connection to an approved sewage disposal system,
6. Inadequate drainage,
7. Infestation by insects, vermin, rodents, or other pests, and
8. Accumulation of garbage and rubbish;
D. Inadequate light, heat, ventilation, or defective equipment, including but not limited to:
1. Defective, deteriorated, hazardous, inadequate or missing electrical wiring, electrical service, or electrical equipment,
2. Defective, hazardous, or improperly installed ventilating equipment or systems, and
3. Lack of an approved, permanently installed, functioning heating facility and an approved power or fuel supply system that is capable of maintaining an average room temperature of at least 65 degrees Fahrenheit, measured at a point three feet above the floor in all habitable rooms, baths, and toilet rooms, when the outside temperature is 24 degrees Fahrenheit or higher. When the outside temperature is less than 24 degrees Fahrenheit, the heating facilities must be capable of maintaining an average room temperature of at least 58 degrees Fahrenheit, measured at a point three feet above the floor, in all habitable rooms, baths, and toilet rooms;
E. Defective or inadequate exits, including, but not limited to, exits that are unsafe, improperly located or less than the required minimum number or dimensions as set forth in the International Property Maintenance Code;
F. Conditions that create a health, fire or safety hazard, including, but not limited to:
1. Accumulation of junk, debris, or combustible materials,
2. Any building or device, apparatus, equipment, waste, vegetation, or other material in such condition as to cause a fire or explosion or to provide a ready fuel to augment the spread or intensity of fire or explosion, and
3. To the extent that it endangers or may endanger the occupants of the building, the occupants of neighboring buildings or the public, the presence of friable asbestos or the storage of toxic or hazardous materials;
G. Any conditions as set forth in the Uniform Code for the Abatement of Dangerous Buildings. (Ord. 2008-3 § 2).
15.36.080 Standards for demolition, repair or vacation and closure.
A. Whenever the officer determines, pursuant to the procedures established in this chapter, that all or any portion of a building and/or premises is unfit for human habitation or other use, the officer shall order that the unfit building and/or premises or portion thereof be:
1. Repaired, or demolished and removed if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use exceeds 50 percent of the replacement value of a building or structure of similar size, design, type and quality; provided, that the officer may order a building or structure, for which the estimated cost of such repairs do not exceed 50 percent of such replacement value, to be repaired, or demolished and removed, if the degree of structural deterioration is as described in GMC 15.36.070(A), (D) or (E), and the owner has failed to correct the condition by compliance dates as ordered by the officer;
2. Repaired, and/or vacated and closed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use does not exceed 50 percent of the replacement value of a building or structure of similar size, design, type and quality; or
3. Corrected or improved as specified in the order of the officer as to the conditions that caused the premises other than buildings and structures to be unfit.
Nothing in this section shall limit the authority of the city to condemn and resell property pursuant to Chapter 35.80 RCW.
B. In estimating the replacement value of an unfit building or structure, the officer shall use the square foot cost estimating method set forth in the “Residential Cost Handbook,” Marshall and Swift, latest available edition, or a cost estimating publication that the officer deems comparable.
C. In estimating the cost of repairs, the officer shall apply the following standards:
1. Only the conditions causing the building, structure or portion thereof to be unfit for human habitation or other use shall be included in the cost estimate;
2. All repair costs shall be based on estimates calculated from the “Home-Tech Remodeling and Renovation Cost Estimator,” latest available edition, or a cost estimating publication that the officer deems comparable;
3. Repair estimates shall assume that all work will comply with the requirements of the current building, residential, property maintenance, mechanical, electrical, plumbing, energy, and fire codes in effect in the city of Grandview;
4. If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the officer shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
5. Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials identified under the applicable building quality classification in the applicable codes. (Ord. 2008-3 § 2).
15.36.090 Minimum standards.
The minimum standards by which the code enforcement officer shall determine violations are as set forth in the Uniform Code for the Abatement of Dangerous Buildings as adopted by GMC 15.36.070 and 15.40.010 and the International Property Maintenance Code. (Ord. 2008-3 § 2).
15.36.100 Determination after hearing – Order – Service.
If after the hearing required by GMC 15.36.050 the code enforcement officer determines that the dwelling is unfit for human habitation, or the building or structure or premises is unfit for other use, the officer shall state in writing his or her 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 GMC 15.36.020, and shall post in a conspicuous place on said property an order which: (A) requires the owner, or party in interest, within 60 days to repair, alter or improve such building, structure or premises to render it fit for human habitation, or for other 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 as required in GMC 15.36.070 or 15.36.090; or (B) requires the owner, or party in interest, within 60 days to remove or demolish such building, structure or premises, if this action is deemed proper on the basis of said standards. If no appeal is filed within the appeal period set forth in Chapter 2.50 GMC, a copy of such order shall be recorded with the Yakima County auditor. (Ord. 2008-3 § 2).
15.36.110 Appeals.
The owner, or party in interest, shall have the right to appeal the code enforcement officer’s order under the provisions of Chapter 2.50 GMC. (Ord. 2008-3 § 2).
15.36.130 Failure to comply with order.
If the owner, or party in interest, following exhaustion of his 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 code enforcement officer may direct or cause such dwelling, building, structure or premises to be repaired, altered, improved, vacated and closed, removed or demolished. (Ord. 2008-3 § 2).
15.36.140 Costs.
The cost of any 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. The city treasurer shall certify to the county treasurer the assessment amount being due and owing pursuant to RCW 35.80.030(1)(h).
If the dwelling, building, structure or premises is removed or demolished by the code enforcement officer, the officer shall, if possible, sell the materials of such dwelling, building, structure or premises in accordance with procedures set forth in said ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, shall pay such balance to the parties entitled thereto, as determined by the code enforcement officer after deducting the costs incident thereto.
Said assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. (Ord. 2008-3 § 2).
15.36.150 Code enforcement officer powers.
Pursuant to RCW 35.80.030(3) the code enforcement officer in conducting their duties under this chapter shall have the following powers in addition to those powers provided for herein:
A. To determine which dwellings within the municipality are unfit for human habitation;
B. To determine which buildings, structures or premises are unfit for other use;
C. To investigate the dwelling and other property conditions in the city and to enter upon premises for the purpose of making examinations when the code enforcement 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 to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted. (Ord. 2008-3 § 2).
15.36.160 Construction.
Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce its ordinances or regulations, nor to prevent or punish violations thereof; and any powers conferred herein are in addition to and supplement to the powers conferred by any other law. Nor shall anything in this chapter be construed to 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. 2008-3 § 2).
15.36.170 Violation – Enforcement – Penalties.
Violations of this chapter shall be enforced and penalties imposed in accordance with Chapter 15.72 GMC. (Ord. 2010-17 § 1; Ord. 2008-3 § 2).
15.36.180 Civil penalties.
Repealed by Ord. 2010-18. (Ord. 2008-3 § 2).
15.36.190 Criminal penalties.
Repealed by Ord. 2010-18. (Ord. 2008-3 § 2).
15.36.200 Severability.
In the event any section, or clause or part of any section shall be deemed to be unenforceable by a court of competent jurisdiction, such determination shall in no way be deemed to affect the validity of any other section. (Ord. 2008-3 § 2).