Chapter 15.44
BUILDINGS UNFIT FOR HUMAN HABITATION
Sections:
15.44.010 Conditions for declaring a building or premises unfit for human habitation or other use.
15.44.020 Standards for demolition, repair, or vacation and closure.
15.44.030 Investigation, notice and hearing.
15.44.040 Determination and order of appeals board after hearing.
15.44.050 Appeal from order of building official.
15.44.060 Petition to superior court.
15.44.070 Extension of compliance date.
15.44.080 Certificate of compliance.
15.44.090 Reinspection of vacant buildings.
15.44.100 Enforcement of the order of the building official.
15.44.120 Occupying or renting building or premises unfit for habitation—Termination of utilities.
15.44.130 Removing posted notices.
15.44.150 Civil enforcement proceedings and penalties.
Prior legislation: Ords. 258, 289, 309, 387, 420, 647 and 798.
15.44.010 Conditions for declaring a building or premises unfit for human habitation or other use.
Any building, structure, or the premises, or portions 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:
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 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;
4. Lack of connection to an approved sewage disposal system;
5. Inadequate drainage;
6. Infestation by insects, vermin, rodents, or other pests; and
7. 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; and
2. Defective, hazardous, or improperly installed ventilating equipment or systems;
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 sixty-five degrees Fahrenheit, measured at a point three feet above the floor in all habitable rooms, baths, and toilet rooms, when the outside temperature is twenty-four degrees Fahrenheit or higher. When the outside temperature is less than twenty-four degrees Fahrenheit, the heating facilities must be capable of maintaining an average room temperature of at least fifty-eight 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 defined by the International Residential Code Chapter 3 and International Building Code Chapter 10.
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. (Ord. 1098 § 2, 2023)
15.44.020 Standards for demolition, repair, or vacation and closure.
A. Whenever the building official determines, according to the procedures established in Section 15.44.030, that all or any portion of a building and/or premises is unfit for human habitation or other use, the building official shall order that the unfit building and/or premises or unfit portion of the building or premises 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 is more than fifty percent of the replacement value of a building or structure of similar size, design, type, and quality; provided, that the building official may order a building or structure, for which the estimated cost of such repairs is fifty percent or less than such replacement value, to be repaired, or demolished and removed, if the degree of structural deterioration is as described in Section 15.44.010. The property owner must correct the conditions by compliance dates as ordered by the building official;
2. Demolished and removed, at the owner’s expense, if the building has been the subject of an emergency order to close pursuant to Section 15.44.010 and the building has become an attractive nuisance and the building official has received written notice from the Ocean Shores fire department or the Ocean Shores police department that the building presents a danger to the general public or to city staff who might be required to enter the building;
3. Repaired, and/or vacated and closed according to the minimum standards for vacant buildings in Chapter 8.32, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use is fifty percent or less than the replacement value of a building or structure of similar size, design, type, and quality; or
4. Corrected or improved as specified in the order of the building official 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 35.80A RCW.
B. In estimating the replacement value of an unfit building or structure, the building official 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 building official deems comparable.
C. In estimating the cost of repairs, the building official 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 building official deems comparable;
3. Repair estimates shall assume that all work will comply with the requirements of the current building, mechanical, electrical, plumbing, energy, and fire codes in effect in the city of Ocean Shores;
4. If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the building official 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 square foot cost estimating method in the “Residential Cost Handbook” by Marshall and Swift.
D. If the building official finds that any of the following conditions exist, the building official shall order that such conditions be eliminated and that the building be closed within a time specified:
The posting shall possess the address, Do Not Enter, Unsafe to Occupy, it is a misdemeanor to occupy per RCW 9A.52.070/RCW 9A.52.080, or remove this notice, Building Official signature and list all issues that must be abated.
1. The condition or conditions which cause the building or premises to be unsafe or unfit for human habitation create a hazard to the public health, safety, or welfare that would exist even if the building were vacated and closed to entry; or
2. Building appendages, as defined in the Ocean Shores Existing Building Code, are in a deteriorated condition or are otherwise unable to sustain the design loads specified; or
3. Part of the building or premises or equipment intended to assist in extinguishing a fire, to prevent the origin or spread of fire, or to safeguard life or property from fire is in an unsafe or unusable condition. (Ord. 1098 § 2, 2023)
15.44.030 Investigation, notice and hearing.
A. The building official may investigate any building or premises which the building official believes to be unfit for human habitation or other use. If the investigation reveals conditions that make the building or premises unfit for human habitation or other use, the building official shall:
1. Issue a complaint stating the conditions that make the building or premises unfit for human habitation or other use; and
2. Serve the complaint by personal service or certified mail with return receipt requested, upon all persons who appear on a litigation guarantee from a licensed title insurance company as having any ownership interest in the building or premises; and
3. Post the complaint in a place on the property conspicuous to persons entering the structure and, if practical, conspicuous from an abutting public right-of-way.
B. No complaint shall be issued if a permit has been issued for all repairs, alterations, and improvements required to make the building or premises fit for human habitation or other use, and the repair work, in the building official’s opinion, is progressing at a satisfactory rate.
C. If the address of the persons appearing on the litigation guarantee identified in subsection (A) of this section cannot be ascertained by the building official after a reasonable search, then the building official shall make affidavit to that effect, and the complaint shall be served either by personal service or by mailing a copy of the complaint by first class mail and certified mail, postage prepaid, return receipt requested, to the address appearing on the last equalized tax assessment roll of the county assessor and to any other address known to the county assessor. A copy of the complaint shall also be mailed to each person whose address cannot be ascertained, to the address of the building or premises involved in the proceedings. In addition to serving and posting the complaint, the building official shall mail or cause to be delivered to all housing and commercial rental units in the building or on the premises a copy of the complaint.
D. The complaint shall state that a hearing will be held before the building official at a specified time and place, not less than ten days nor more than thirty days after service of the complaint; and that all persons having any interest therein shall have the right to file an answer to the complaint, and to appear in person or by representative and to give testimony at the time and place fixed in the complaint. At the hearing, the building official shall have the authority to administer oaths and affirmations, examine witnesses and receive evidence. The rules of evidence shall not apply in hearings before the building official.
E. A copy of the complaint shall be recorded with the Grays Harbor County auditor. (Ord. 1098 § 2, 2023)
15.44.040 Determination and order of appeals board after hearing.
A. If, after the hearing provided for in Section 15.44.030, the building official determines that a building or premises is unfit for human habitation or other use pursuant to Section 15.44.010, the building official shall further determine, using the standards set forth in Section 15.44.020, whether the building should be:
1. Repaired, altered, or improved;
2. Vacated and closed; or
3. Demolished and removed, and/or whether the premises and the conditions that cause it to be unfit should be corrected or improved. The building official shall issue a written order requiring that the building or premises be made fit for human habitation or other use. The order shall state the facts in support of the decision and a specific date for correction. The building official shall serve the order upon all parties served with a copy of the complaint, in the manner provided in Section 15.44.030. The order shall require that:
4. The building be:
a. Vacated and closed; and/or either
b. Repaired, altered, or improved; or
c. Demolished and removed; and/or
5. The premises and the conditions that cause it to be unfit should be corrected and improved.
B. If a building is to be demolished and removed by the owner or other parties in interest, they shall obtain an asbestos survey and make the same available to the building official. An ORCAA permit and a city demolition and/or building permit will be required.
1. If an owner fails to comply with an order and the building official elects to demolish and remove a building pursuant to Section 15.44.100 the owner shall either obtain an asbestos survey and make the same available to the building official or allow the building official access to the structure so that the building official may obtain an asbestos survey.
C. When calculating the time for compliance under subsection (A) of this section, the building official shall consider:
1. The type of hazard, the nature and immediacy of the threat to the public health and safety, and the blight created by the conditions of the premises;
2. A demonstrated intent by a responsible party to repair, demolish or vacate and close the building or to correct or improve the condition of the premises by:
a. Entering a contract with a licensed contractor to perform the required work within a specific time and for a reasonable compensation,
b. Depositing cash in a segregated account in an amount sufficient to complete the required repairs,
c. Securing a loan from an established lending institution that will provide sufficient funds to complete the required repairs, or
d. Securing a permit to perform the required work and paying the required permit fees;
3. The length of time required to obtain permits needed to complete the repairs;
4. The complexity of the repairs, seasonal considerations, construction requirements and the legal rights of tenants; and
5. Circumstances beyond the control of the responsible person.
D. If no appeal is filed, a copy of the order shall be filed with the Grays Harbor County auditor. (Ord. 1098 § 2, 2023)
15.44.050 Appeal from order of building official.
A. Any party affected by any order of the building official under this chapter shall have the right to appeal the order of the building official to the appeals board. Notice of the right to appeal shall be posted in a place on the property conspicuous to persons entering the structure and if practical conspicuous from an abutting public right-of-way.
B. The appeal shall:
1. Be filed with the appeals board no more than thirty days after service of the building official’s order;
2. Be in writing and state clearly and concisely the specific objections to the building official’s order;
3. State the ownership or other interest that each appellant has in the building, premises, or portion thereof involved in the order of the building official;
4. State briefly the remedy sought; and
5. Include the signatures of all appellants and their mailing and electronic addresses.
C. The appeals board shall set a date for the hearing and provide no less than twenty days’ written notice of the hearing to the parties. Notice of the appeal and hearing shall be posted in a place on the property conspicuous to persons entering the structure and if practical conspicuous from an abutting public right-of-way.
D. The appeal hearing shall be conducted pursuant to the contested case provisions of Section 2.42.080. The appeals board is authorized to promulgate procedural rules for the appeal hearing pursuant to Chapter 2.42.
E. The appeal hearing shall be de novo. The building official’s decision shall be affirmed unless the appeals board finds such decision to be arbitrary and capricious.
F. The appeals board shall have the authority to affirm, modify, or reverse the order of the building official, or remand the case to the building official for further proceedings. The appeals board shall summarily dismiss an appeal which is determined on its face to be without merit, frivolous, or brought merely for the purpose of delay.
G. Within fourteen days after the hearing the appeals board shall issue a written decision containing findings of fact and conclusions and shall provide copies of the decision to the parties of record. The decision of the appeals board shall be the final decision of the city and shall have the same effect as a decision of the building official issued pursuant to Section 2.42.120. The decision and order of the appeals board shall be filed by the building official with the Grays Harbor County auditor. (Ord. 1098 § 2, 2023)
15.44.060 Petition to superior court.
Any person who has standing to file a land use petition in the superior court of Grays Harbor County may file such a petition within twenty-one days of issuance of the appeals board decision pursuant to Section 15.44.050. (Ord. 1098 § 2, 2023)
15.44.070 Extension of compliance date.
An extension of time for compliance with an order may be granted by the building official upon receipt of a written request filed with the building official by any party affected by the order not later than seven days prior to the date set for compliance in the order. Any extension granted shall be in writing and shall be posted in a place on the property conspicuous to persons entering the structure and if practical conspicuous from an abutting public right-of-way. Extensions shall not be subject to appeal. The building official may, without a written request, grant an extension of time if in the building official’s opinion such an extension is warranted. (Ord. 1098 § 2, 2023)
15.44.080 Certificate of compliance.
A. Compliance with an order issued pursuant to this chapter shall be the responsibility of each person named as a responsible party in the order. An owner or responsible party shall request a reinspection from the building official following correction of the conditions set forth in the order. If the building official finds that the repairs, alterations, corrections, or other actions required by the order have been performed in compliance with the standards in this code, the building official shall issue a certificate of compliance certifying that, as of the date it is issued, the violations cited in the order have been corrected.
B. On issuance of a certificate of compliance, the building official certifies only that the violations listed in the complaint, order or decision have been corrected as required by this code. The building official makes no representation concerning other conditions in the building or any equipment therein, or of the premises, that is not listed in the complaint, order, or decision. The building official shall not be responsible for any injury, damage, death, or other loss of any kind sustained by any person, organization, or corporation arising out of any condition of the building, structure, equipment, or premises. (Ord. 1098 § 2, 2023)
15.44.090 Reinspection of vacant buildings.
When a building is vacant and has been closed to entry pursuant to an order of the building official issued pursuant to this chapter, the building official shall reinspect the building to verify that the building and structures accessory to the building remain vacant and closed to entry and meet the minimum standards for vacant buildings set forth in this code, and to determine the extent to which the building has deteriorated. (Ord. 1098 § 2, 2023)
15.44.100 Enforcement of the order of the building official.
A. If the person served with an order fails to comply with the order, the building official, by such means and with such assistance as may be available, is hereby authorized and directed to cause the building to be:
1. Repaired, altered, or improved; or
2. Vacated and closed; or
3. Demolished and removed; or
4. To cause the premises and the conditions that cause it to be unfit to be corrected or improved, and the costs thereof shall be recovered by the city in the manner provided in Section 15.44.110.
B. If an owner fails to comply with an order and the building official elects to demolish and remove a building pursuant to subsection (A) of this section, the owner shall either obtain an asbestos survey and make the same available to the building official or allow the building official access to the building so that the building official may obtain an asbestos survey. (Ord. 1098 § 2, 2023)
15.44.110 Recovery of costs.
A. If the costs incurred by the building official pursuant to Section 15.44.100 for repairs, alterations or improvements, or of vacating and closing, or of demolition and removal are not paid after a written demand upon the owner and other persons named as responsible parties in the complaint, such costs shall be assessed against the property for which the costs were incurred in the manner provided below.
B. If the building is removed or demolished by the building official, the building official shall, if possible, sell the salvageable materials from the building and shall apply the proceeds of the sale to the reimbursement of the costs of demolition and removal. Any funds remaining shall be paid to the owner.
C. After notice to the owner and other persons with an ownership interest as shown on the litigation guarantee that all or a portion of the costs have not been paid, the building official shall notify the director of finance of the amount due and owing, and upon receipt of the notification the director of finance shall certify the amount to Grays Harbor County for assessment.
D. Upon certification by the director of finance of the amount due and owing, Grays Harbor County shall enter the amount of the assessment upon the tax rolls against the real property for the current year to be collected at the same time as the general taxes and with interest at the rates and in the manner provided in RCW 84.56.020 for delinquent taxes. When collected, the funds shall be deposited into Repair and Demolition Fund No. 114.
E. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. (Ord. 1098 § 2, 2023)
15.44.120 Occupying or renting building or premises unfit for habitation—Termination of utilities.
A. No one shall use, occupy, rent or cause, suffer, or allow another to use, occupy, or rent any building or premises found to be unfit for human habitation or other use from and after the date specified in a building official’s order to repair, alter, or improve, vacate and close, or demolish and remove a building or correct or improve the condition of the premises until the building official has certified that the building or premises is fit for human habitation or other use.
B. The building official may, by written notice directed to the property owner, the Grays Harbor public utility district, the city of Ocean Shores water and sewer divisions, and the propane company, request that service of water, electricity or propane to the building or premises be terminated or disconnected on or before a specified date. Upon receipt of such notice to the building official, he/she is authorized to request termination or disconnect the service, and to restore the service upon the issuance by the building official of a certificate of compliance in accordance with Section 15.44.080, or upon written notification by the building official that water, sewer, electricity, or propane service should be restored.
C. It is unlawful for anyone other than the building official to authorize the restoration of any water, sewer, electricity, or propane service that has been terminated or disconnected by notice from the building official. (Ord. 1098 § 2, 2023)
15.44.130 Removing posted notices.
Only the building official may remove any notice, complaint or order posted in accordance with this chapter prior to issuance of a certificate of compliance. (Ord. 1098 § 2, 2023)
15.44.140 Violations.
A. Any failure or refusal to obey an order of the building official or appeals board or any failure to comply with the requirements or standards of this code shall be a violation of this code.
B. It shall be a violation of this code for any person to obstruct, impede or interfere with any attempt to correct any violation, or attempt to comply with an order of the building official issued pursuant to this chapter. (Ord. 1098 § 2, 2023)
15.44.150 Civil enforcement proceedings and penalties.
A. In addition to any other remedy authorized by law or equity, any person failing to comply with an order issued by the building official or appeals board pursuant to this chapter shall be subject to a cumulative civil penalty in an amount not to exceed five hundred dollars per day from the date set for compliance until the owner or a responsible party requests a reinspection and the building official verifies following reinspection that the property is in compliance.
B. Any person violating Section 15.44.130 shall be subject to a civil penalty in the amount of five hundred dollars.
C. The building official shall request in writing that the city attorney take enforcement action. The city attorney shall, with the assistance of the building official, take appropriate enforcement action.
D. Once a civil penalty has been established by judgment, and that judgment certified to superior court, the judgment may be satisfied, if approved by the building official and at the discretion of the building official, by payment of one-third of the total judgment, accompanied by an agreement by which the property is permitted to be used for a period of up to three years for a city-approved program for job training or temporary housing purposes, that results in correction of the violation. This provision shall not be construed to limit or otherwise affect the authority of the building official or city attorney to negotiate a satisfaction of judgments on other terms as dictated by the circumstances. (Ord. 1098 § 2, 2023)