Chapter 8.06
UTILITY SERVICE FOR OCCUPANCY
Sections:
8.06.030 Water and Sewer Required
8.06.050 Investigation and Enforcement
8.06.070 Vacant Structure Must Be Secured upon Violation
8.06.080 Standards for Securing Structures
8.06.010 Purpose.
The purpose of this chapter is to protect the public health, safety, and welfare by assuring that people reside in conditions with adequate utilities and facilities to provide for proper sanitation, maintenance, and hospitable living conditions. (Ord. 959, Sec. 1, 2016)
8.06.020 Definitions.
(a) “Code Enforcement Officer” means the Planning and Community Development Director or designee.
(b) “Occupy” means (1) residing on the premises or (2) being present on the premises for any purposes other than actively maintaining or improving the premises.
(c) “Person” means any natural person, legal entity, association, organization, corporation, or partnership and any agents, representatives, fiduciaries, or assigns.
(d) “Premises” means any land, real estate, tax parcel, or lot and any portion thereof whether improved or unimproved, including adjacent sidewalks and parking strips.
(e) “Responsible person” means any person having legal or equitable title or any interest in a premises, including but not limited to owners, borrowers, and lenders. When there is more than one responsible person, both or all are responsible for performing any act required by this chapter and each may be charged with a violation of this chapter. However, it is a complete defense to any violation that the violation was remedied by another responsible person.
(f) “Sewer service” means either (1) a lawful, active, and functioning connection to the City’s sanitary sewer system in conformance with Title 14 or (2) a lawful, functioning, and adequately maintained “on-site sewage disposal system” (as defined in RCW 70.118.020(6)).
(g) “Water service” means either (1) a lawful, active, and functioning connection to the City’s water system in conformance with Title 14, (2) a lawful, functioning, and adequately maintained private well, or (3) a lawful, active, and functioning connection to a lawful, functioning, and adequately maintained “public water system” (as defined in RCW 70.116.030(3)). (Ord. 1122, Sec. 2 (Exh. B, Sec. 4), 2021; Ord. 959, Sec. 1, 2016)
8.06.030 Water and Sewer Required.
Any premises within the City may only be occupied by a person if the premises has sewer service and water service. (Ord. 959, Sec. 1, 2016)
8.06.040 Unlawful Occupancy.
(a) Occupying any premises within the City which does not have sewer service and water service, as required by Section 8.06.030, or which is posted “Unfit for Occupancy - No Trespassing” is a nuisance and a violation of this section.
(b) Removing or defacing a posted notice that a premises is “Unfit for Occupancy - No Trespassing” is a violation of this section.
(c) Failure to comply with this section shall be a violation under Title 17. (Ord. 1122, Sec. 2 (Exh, B, Sec. 5), 2021; Ord. 959, Sec. 1, 2016)
8.06.050 Investigation and Enforcement.
Where the Code Enforcement Officer reasonably believes that a premises does not have sewer service or water service for 14 consecutive calendar days, the Code Enforcement Officer may issue and post a notice of violation pursuant to Section 17.30.030. (Ord. 1122, Sec. 2 (Exh. B, Sec. 6), 2021; Ord. 959, Sec. 1, 2016)
8.06.060 Appeal.
Repealed by Ord. 1122. (Ord. 959, Sec. 1, 2016)
8.06.070 Vacant Structure Must Be Secured upon Violation.
(a) Upon a final determination that a premises has been occupied in violation of Section 8.06.040, every structure on the premises must be secured by the responsible person from unlawful occupancy as specified in Section 8.06.080 within five business days.
(b) It is a nuisance and is a violation of this section for any responsible person to fail to secure every structure on the premises from unlawful occupancy as specified in Section 8.06.080 within five business days of a final determination that the premises has been occupied in violation of Section 8.06.040.
(c) Violation of this section is a civil violation subject to the penalties of Chapter 17.60.
(d) Each day that a structure on the premises is not secured as specified in Section 8.06.080 is considered a repeat violation subject to Section 17.60.010(b). (Ord. 1122, Sec. 2 (Exh. B, Sec. 8), 2021; Ord. 959, Sec. 1, 2016)
8.06.080 Standards for Securing Structures.1
All structures which must be secured under this chapter shall meet the following standards:
(a) Exterior openings shall be properly secured with doors, shutters, grills, and window glazing. Where the normal structural amenities are damaged, destroyed or significantly deteriorated such that the structure becomes unsecure the amenities shall be replaced or the openings may be secured with structural paneling or medium density overlay. At a minimum, all exterior openings accessible from grade shall be properly secured to prevent unauthorized third party entry.
(b) Personal property and miscellaneous debris which may constitute a fire hazard must be removed from the structure prior to securing the structure. If the structure has automatic fire sprinkler systems or fire alarm systems, the systems shall be maintained in an operable condition at all times.
(c) Sewer lines shall be capped or closed with an appropriate plug.
(d) All structures on the premises shall be posted “Unfit for Occupancy - No Trespassing.”
(e) The responsible person shall periodically assure that the premises is inspected and take any timely actions necessary to assure compliance with these standards. (Ord. 959, Sec. 1, 2016)
8.06.090 Abatement.
(a) If a responsible person fails to secure every structure on the premises from unlawful occupancy as specified in Section 8.06.080 within five business days after a final determination, the Code Enforcement Officer may take immediate action to cause the building to be secured in a manner consistent with this chapter.
(b) Any abatement actions necessary to secure a structure shall follow the procedures defined in Chapter 17.80.
(c) In securing a structure, the Director or designee is not required to satisfy all the conditions of Section 8.06.080 and in the Director or designee’s sole discretion may determine what measures are appropriate.
(d) If the City secures a structure pursuant to this chapter, the responsible person shall remain responsible for the inspection, maintenance, and protection of the premises and any structures on the premises. (Ord. 1122, Sec. 2 (Exh. B, Sec. 9), 2021;Ord. 959, Sec. 1, 2016)
8.06.100 Reoccupancy.
Following a final determination that the premises has been occupied in violation of this chapter, the premises may only be occupied after a responsible person provides the Director or designee with satisfactory evidence that the premises complies with the requirements of Section 8.06.030 and receives written approval from the Director or designee that occupancy of the premises is allowed. (Ord. 959, Sec. 1, 2016)
Code reviser’s note: Ord. 959 adds these provisions as Section 8.06.070. The section has been renumbered to avoid duplication of numbering.