Chapter 15.07
ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.07.010 Purpose.
The purpose of this chapter is to provide a just, equitable and practicable method, whereby buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
A. The city strongly encourages property owners to maintain and improve their properties and to preserve the historic character and development pattern of the community.
B. The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous.
C. These provisions shall be cumulative with and in addition to any other remedy provided by the building code, fire code, or any other means available by law.
D. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. [Ord. 1060 § 4, 2010; Ord. 1059 § 2 (Exh. A (12.280.010)), 2010.]
15.07.020 Administration.
A. The mayor or his/her designee or their authorized representative shall have authority as necessary in the interest of public health, safety and general welfare to perform inspections and enforce the provisions of this code. The city retains the authority to adopt and promulgate rules and procedures, to interpret and implement the provisions of this code, to secure the intent thereof, and to designate requirements due to local conditions. Such rules and interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
B. All buildings within the scope of this code and all construction work for which a permit is required shall be subject to inspection by the city, or their authorized representative in accordance with the requirements of this code, the adopted building codes, and any other laws and ordinances of the jurisdiction.
C. When it is necessary to perform an inspection to enforce the provisions of this code, or when the city or their authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, authorized city officials may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such a building or premises be occupied, credentials be presented to the occupant and entry requested. If such building or premises is not occupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the city shall have recourse to the remedies provided by law to secure entry.
D. All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of Section 3403 of the International Building Code as adopted by the jurisdiction.
E. It shall be unlawful for any person, firm, corporation, or other entity to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, allow occupancy or otherwise maintain any building in violation of this code. [Ord. 1060 § 4, 2010; Ord. 1059 § 2 (Exh. A (12.280.020)), 2010.]
15.07.030 Enforcement.
A. The city may declare any building or structure a dangerous building based on a finding that any one or more of the following conditions or defects described below exist; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the building’s occupants are endangered; or a building or structure that is found in whole or in part to be an unlawful structure; occupied by more persons than permitted by this code, the building code, or the fire code; or was erected, altered or occupied contrary to the provisions of the building and fire codes as adopted by the city of Roslyn.
1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location.
4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location.
5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings.
7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
8. Whenever the building or structure, or any portion thereof, because of (a) dilapidation; deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the support of such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.
11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
12. Whenever the building or structure has become so dilapidated, deteriorated or open and unsecure that it:
a. Is an attractive nuisance to children;
b. Is a harbor for vagrants, criminals or immoral persons; or
c. Enables such persons to resort thereto for the purpose of committing unlawful or immoral acts.
13. Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations as specified in the city of Roslyn building and fire code, or of any other law or ordinance of Washington State.
14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (a) strength; (b) fire-resisting qualities or characteristics; or (c) weather-resisting qualities or characteristics required by law in the case of newly constructed building of like area, height and occupancy in the same location.
15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.
17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.
18. Whenever any portion of the building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
B. All buildings or portions thereof which are determined after inspection by the city to be dangerous are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
Upon the determination that a building or structure is dangerous, the city shall issue a notice of violation with an order to correct the violation(s) or initiate a nuisance abatement action in the superior court in accordance with Chapter 7.48 RCW.
C. When there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of geologic hazard, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the mayor or his/her designee is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith.
1. The city shall cause to be posted at each entrance to such building, structure or premises a notice essentially as follows:
DO NOT ENTER
THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CITY OF ROSLYN.
2. It shall be a misdemeanor to remove or deface this placard; or to occupy such structure; or for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.
D. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the city.
E. The city may, in addition to any other remedy herein provided, cause a dangerous building to be repaired to the extent necessary to correct the conditions which render the building or structure unsafe as set forth in the notice and order; or, if the notice and order required demolition, to cause the building or structure to be demolished and the materials, rubble and resultant debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in this code.
F. No person shall hinder, delay, obstruct or interfere with any officer, employee, contractor, or authorized representative of the city of Roslyn while performing any necessary act preliminary to or incidental to such work pursuant to this code. Any person who knowingly hinders, delays, obstructs or interferes with any employee performing official duties in abating a nuisance pursuant to this code shall be guilty of a misdemeanor.
G. When any work of repair or demolition is to be done pursuant to the provisions of this title, the city shall cause the building or structure to be repaired or demolished, and the cost of such repair or demolition shall be charged against the real estate upon which the building or structure is located, and shall be a lien upon such real estate.
1. The city shall keep an itemized accounting of the expenses incurred by the city in the course of repair or demolition of any building or structure pursuant to the provisions of this code. Upon completion of the demolition or repair work as ordered, the city shall prepare an expense report specifying the work performed, the itemized cost of such work, and the legal description of the property upon which the work was performed.
2. The city shall forward to the legal owner of the said property an itemized billing of the total cost for the repair or demolition as required by this code. Such billing shall be sent by certified mail, postage prepaid, addressed to the owner as the owner’s name and address appear on the last equalized tax roll of Kittitas County. Said bill shall be due and payable within 60 days of receipt.
3. Upon certification of the assessment amount being due and owing, the county treasurer shall enter the amount of the assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. When collected, the amount of the assessment shall be deposited to the credit of the fund of the city from which the expenditures for abatement were paid.
4. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes. [Ord. 1060 § 4, 2010; Ord. 1059 § 2 (Exh. A (12.280.030)), 2010.]