Chapter 16.24
UTILITY SERVICE FOR OCCUPANCY
Sections:
16.24.030 Water and sewer required.
16.24.050 Investigation and enforcement procedure.
16.24.070 Vacant structure must be secured upon violation.
16.24.080 Standards for securing structures.
16.24.010 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. 3007 § 1 (Exh. A), 2015).
16.24.020 Definitions.
(1) “Building official” means the building official of the city of Marysville or the building official’s designee.
(2) “Civil infraction” means a class one civil infraction as defined by Chapter 7.80 RCW, the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and any local rule adopted by the Marysville municipal court. Civil infractions shall be heard by the Marysville municipal court.
(3) “Occupy” means (a) residing on the premises or (b) being present on the premises for any purposes other than actively maintaining or improving the premises.
(4) “Person” means any natural person, legal entity, association, organization, corporation, or partnership and any agents, representatives, fiduciaries, or assigns.
(5) “Premises” means any land, real estate, tax parcel, or lot and any portion thereof whether improved or unimproved, including adjacent sidewalks and parking strips.
(6) “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.
(7) “Sewer service” means either (a) a lawful, active, and functioning connection to the city’s sanitary sewer system in conformance with MMC Title 14 or (b) a lawful, functioning, and adequately maintained “on-site sewage disposal system” (as defined in RCW 70.118.020(6)).
(8) “Water service” means either (a) a lawful, active, and functioning connection to the city’s water system in conformance with MMC Title 14, (b) a lawful, functioning, and adequately maintained private well, or (c) 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. 3007 § 1 (Exh. A), 2015).
16.24.030 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. 3007 § 1 (Exh. A), 2015).
16.24.040 Unlawful occupancy.
(1) Occupying any premises within the city which does not have sewer service and water service, as required by MMC 16.24.030, or which is posted “Unfit for Occupancy – No Trespassing,” is a nuisance and a violation of this section.
(2) Removing or defacing a posted notice that a premises is “Unfit for Occupancy – No Trespassing” is a violation of this section.
(3) A violation of this section is a misdemeanor. (Ord. 3007 § 1 (Exh. A), 2015).
16.24.050 Investigation and enforcement procedure.
(1) Investigation. Where the building official reasonably believes that a premises does not have sewer service or water service for 14 consecutive calendar days, the building official may issue and post a notice of violation. Unless appealed pursuant to MMC 16.24.060, the notice of violation becomes a final determination on the eleventh business day after the posting of the notice at which time the building official shall post the premises “Unfit for Occupancy – No Trespassing.”
(2) Violation Notice. An enforcement action is commenced by a notice of violation. The building official shall post a copy of the notice of violation on the premises and shall mail a copy of the notice of violation to the owner identified in the records of the Snohomish County assessor and to the street address of the premises. The notice of violation shall contain:
(a) Information identifying the premises including the address and tax parcel number.
(b) A concise description of the basis for the notice of violation.
(c) A statement that the premises must be vacated unless sewer service and water service are functioning within 10 business days of posting the notice of violation.
(d) A statement that a responsible person may appeal the building official’s determination to the hearing examiner by filing a written appeal setting forth the grounds for the appeal no later than 10 business days after the notice of violation was posted.
(e) A statement that if the building official’s determination is not appealed within 10 business days of posting the notice of violation:
(i) The notice of violation will become a final determination;
(ii) That the premises must be vacated and secured as provided in this chapter;
(iii) That any person occupying the premises will be liable as provided in this chapter; and
(iv) That any responsible person failing to secure the premises will be liable as provided in this chapter.
(f) The date the notice of violation was posted on the premises.
(g) The address where an appeal may be delivered to the city clerk.
(h) A copy of this chapter must be attached to the notice of violation that is mailed to the owner and the street address, but need not be attached to the notice of violation that is posted on the premises. (Ord. 3007 § 1 (Exh. A), 2015).
16.24.060 Appeal.
A responsible person may appeal the building official’s determination contained in a notice of violation by delivering a written appeal to the city clerk. The written appeal must be received no later than 10 business days after the notice of violation was posted on the premises. If the city clerk receives a timely written appeal, the hearing examiner shall set a hearing to be held within 10 business days of receipt of the appeal.
(1) At any such hearing, the responsible person bears the burden, by a preponderance of the evidence, of establishing their standing as a responsible person.
(2) At any such hearing, the city bears the burden, by a preponderance of the evidence, of establishing that the premises does not have adequate sewer service or water service as required by MMC 16.24.030 and that a person was occupying the premises as of the date of the notice of violation.
(3) Any such hearing does not need to comply with the rules of evidence and the hearing examiner may consider evidence which the hearing examiner determines is reasonably reliable.
(4) The hearing examiner shall issue a written decision within five business days of any such hearing. The written decision shall make findings of fact and conclusions of law. If the hearing examiner determines that the premises does not have sewer service or water service as required by MMC 16.24.030 and that a person was occupying the premises as of the date of the notice of violation, then the premises must be vacated and secured within five business days of the hearing examiner’s decision. The hearing examiner’s decision is a final determination upon being signed and mailed.
(5) The decision of the hearing examiner may be appealed to the Snohomish County superior court within 21 calendar days. (Ord. 3007 § 1 (Exh. A), 2015).
16.24.070 Vacant structure must be secured upon violation.
(1) Upon a final determination that a premises has been occupied in violation of MMC 16.24.040, every structure on the premises must be secured from unlawful occupancy as specified in MMC 16.24.080 within five business days.
(2) It is a nuisance and is a violation of this section for any responsible person for any premises within the city to fail to secure every structure on the premises from unlawful occupancy as specified in MMC 16.24.080 within five business days of a final determination that the premises has been occupied in violation of MMC 16.24.040.
(3) Violation of this section is a civil infraction and upon a finding that a violation has been committed, the person committing the act shall be assessed an amount not to exceed $250.00 plus applicable statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
(4) Each day that a structure on the premises is not secured as specified in MMC 16.24.080 is a separate violation and the building official may issue a civil infraction to any responsible person who had notice that the structure was required to be secured. (Ord. 3007 § 1 (Exh. A), 2015).
16.24.080 Standards for securing structures.
All structures which must be secured under this chapter shall meet the following standards:
(1) 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.
(2) Personal property and miscellaneous debris which may constitute a fire hazard must be removed from the structure prior to securing the structure.
(3) If the structure has automatic fire sprinkler systems or fire alarm systems, the systems shall be maintained in an operable condition at all times.
(4) Sewer lines shall be capped or closed with an appropriate plug.
(5) All structures on the premises shall be posted “Unfit for Occupancy – No Trespassing.”
(6) The responsible person shall periodically assure that the premises is inspected and timely take any actions necessary to assure compliance with these standards. (Ord. 3007 § 1 (Exh. A), 2015).
16.24.090 Abatement.
(1) If a responsible person fails to secure every structure on the premises from unlawful occupancy as specified in MMC 16.24.080 within five business days after a final determination, the building official may take immediate action to cause the building to be secured in a manner consistent with this chapter.
(2) In the event that the city secures the building, all costs incurred shall be assessed to the owner of the premises as provided in Chapter 4.02 MMC.
(3) In securing a structure, the building official is not required to satisfy all the conditions of MMC 16.24.080 and in the building official’s sole discretion may determine what measures are appropriate.
(4) 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. 3007 § 1 (Exh. A), 2015).
16.24.100 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 building official with satisfactory evidence that the premises complies with the requirements of MMC 16.24.030 and receives written approval from the building official that occupancy of the premises is allowed. (Ord. 3007 § 1 (Exh. A), 2015).