Chapter 19.170
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
19.170.010 Additional enforcement mechanism.
19.170.020 Chapter 35.80 RCW adopted.
19.170.030 Improvement officer and appeals commission designated.
19.170.040 Improvement officer authority – Issuance of complaint.
19.170.050 Service of complaint.
19.170.070 Determination, findings of fact and order.
19.170.080 Appeal to appeals commission.
19.170.090 Appeal to superior court.
19.170.100 Remediation/penalties.
19.170.005 Intention.
This chapter is intended to comply with state law requirements in order to place a lien on private property with unfit dwellings, buildings and structures. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.010 Additional enforcement mechanism.
In addition to, and in combination with, the enforcement methods set forth in this title and elsewhere in the Normandy Park Municipal Code, violations of the Normandy Park Municipal Code may be enforced under the provisions set forth in this chapter. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.020 Chapter 35.80 RCW adopted.
Chapter 35.80 RCW, Unfit Dwellings, Buildings and Structures, as it currently exists or is hereinafter amended, is hereby adopted. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.030 Improvement officer and appeals commission designated.
The code enforcement officer is designated as the city’s “improvement officer,” and shall have the full scope of authority granted to that official under Chapter 35.80 RCW. The city of Normandy Park hearing examiner is designated as the city’s “appeals commission,” and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.040 Improvement officer authority – Issuance of complaint.
If, after a preliminary investigation of any dwelling, building, structure or premises, the improvement officer finds that it is unfit for human habitation or other use, the improvement officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the improvement officer shall be guided by Chapter 14.40 NPMC and such other codes adopted pursuant to the Normandy Park Municipal Code as the improvement officer deems applicable. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.050 Service of complaint.
A complaint issued under this chapter shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the King County auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.060 Complaint hearing.
Not less than 10 days nor more than 30 days after serving a complaint, the improvement officer shall hold a hearing conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint. The procedural rules adopted by the city’s hearing examiner, codified in Chapter 2.84 NPMC, shall govern the procedure of such hearing. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.070 Determination, findings of fact and order.
Within 10 days of the complaint hearing, the improvement officer shall issue a determination, findings of fact and order stating the improvement officer’s determination as to whether the subject dwelling, building, structure or premises is unfit for human habitation or other use; the findings of fact supporting the determination; and an order specifying the actions necessary to address any unfitness, and a deadline for completing the actions. The determination, findings of fact and order shall be served and posted as set forth in NPMC 19.170.050, and if no appeal is filed within the deadline specified in NPMC 19.170.080, a copy of the determination, findings of fact, and order shall be filed with the King County auditor. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.080 Appeal to appeals commission.
Within 10 days of service of a determination, findings of fact and order, any party may file an appeal to the appeals commission. Such an appeal shall be governed by the city of Normandy Park hearing examiner’s procedural rules, except that the appeals commission shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is filed; and if the appeals commission issues any oral findings of fact, the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in NPMC 19.170.050, and if no appeal is filed within the deadline specified in NPMC 19.170.090, a copy of the ruling shall be filed with the King County auditor. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.090 Appeal to superior court.
Any person affected by a determination, findings of fact and order issued by the improvement officer, who has brought an appeal before the appeals commission pursuant to NPMC 19.160.080 may, within 30 days after the appeals commission’s ruling has been served and posted pursuant to NPMC 19.160.050, petition the King County superior court for an injunction restraining the improvement officer from carrying out the provisions of the determination, findings of fact and order. In all such proceedings, the court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.100 Remediation/penalties.
If a party, following exhaustion of the party’s rights to appeal, fails to comply with the determination, findings of fact and order, the improvement officer may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, closed, removed, or demolished pursuant to Chapter 35.80 RCW. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.110 Tax lien.
The cost of any action taken by the improvement officer under NPMC 19.160.100 shall be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon certification by the city of Normandy Park finance code enforcement officer that the assessment amount is due and owing, the King County treasurer shall enter the amount of such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030. (Ord. 1005 § 2 (Exh. A), 2021).
19.170.120 Salvage.
Materials from any dwelling, building, structure or premises removed or demolished by the improvement officer shall, if possible, be salvaged and sold as if the materials were surplus property of the city of Normandy Park, and the funds received from the sale shall be credited against the cost of the removal or demolitions; and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the improvement officer, after deducting the costs incident thereto. (Ord. 1005 § 2 (Exh. A), 2021).