Chapter 15.28
UNFIT BUILDINGS
Sections:
15.28.010 Findings of city council.
15.28.030 Duties of the building official.
15.28.040 Unfit buildings declared nuisance.
15.28.050 Standards for repair, vacation, or demolition.
15.28.060 Notice of unfit building.
15.28.070 Complaint by building official.
15.28.080 Unfit building hearing.
15.28.090 Unfit building order.
15.28.110 Abatement and costs.
15.28.150 Provisions of chapter cumulative.
15.28.010 Findings of city council.
The city council finds that there exist in the city certain dwellings which are unfit for human habitation and buildings and structures which are unfit for other uses, due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accident, or other calamities, inadequate ventilation, uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of city residents. (Ord. 1262 § 1, 2018).
15.28.020 Definitions.
The terms used in this chapter shall have the meaning given to them in this section:
“Building” or “structure” means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
“Building official” means the building official of the city or his or her designee.
“Hearing examiner” means the hearing examiner of the city or his or her designee.
“Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Grant County auditor, or who establishes his or her interest before the building official or the hearing examiner. For the purpose of giving notice, the term “owner” also includes any person in physical possession. (Ord. 1262 § 1, 2018).
15.28.030 Duties of the building official.
The building official is the enforcement officer for the purposes of this chapter, and his or her duties and powers include:
A. Investigation of all buildings and structures which he or she has reasonable grounds to believe may be in violation of the provisions of this chapter;
B. Preparation, service and posting of notices and complaints against buildings or structures believed to be in violation;
C. Presiding over the hearing on the complaint by administering oaths and affirmations, examining witnesses, and receiving evidence, and issuing an order; and
D. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 1262 § 1, 2018).
15.28.040 Unfit buildings declared nuisance.
All unfit buildings are declared to be public nuisances, and shall be repaired, vacated, or demolished as provided in this chapter. All buildings or structures which have any or all of the following defects are deemed “unfit buildings”:
A. Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
B. Those which, exclusive of the foundation, show 33 percent, or more, of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
C. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
D. Those which have become damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.
E. Those which have become or are so dilapidated, decayed, unsafe or unsanitary, or which so utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein.
F. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
G. Those having inadequate facilities to egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of exit.
H. Those which have parts thereof which are so attached that they may fail and injure members of the public or property.
I. Those which have been constructed, exist, or are maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or any law or ordinance of this state or jurisdiction relating to the condition, location, or structure of buildings.
J. Those which because of their condition are unsafe or unsanitary, or dangerous to the health, morals, safety, or general welfare of the people of the city. (Ord. 1262 § 1, 2018).
15.28.050 Standards for repair, vacation, or demolition.
The following standards shall be followed in substance by the building official and hearing examiner in ordering repair, vacation, or demolition of any unfit building:
A. If the unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the building official or hearing examiner.
B. If the unfit building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated by the building official or the hearing examiner.
C. If the unfit building is 50 percent damaged, decayed, or deteriorated in value, it shall be demolished. Value as used in this subsection shall be the valuation placed upon the building for purposes of general taxation.
D. If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be demolished.
E. If the unfit building is a fire hazard existing or erected in violation of the terms of this chapter or any ordinance of the city or statute of the state, it shall be demolished, providing the fire hazard is not eliminated by the owner or other interested persons within a reasonable time. (Ord. 1262 § 1, 2018).
15.28.060 Notice of unfit building.
After a preliminary investigation, the building official shall notify, personally or by regular and certified mail, the owner of any unfit building that the property is in violation of this code. The owner shall be given 14 calendar days from the date of the notice to respond to the building official to negotiate a voluntary correction agreement for the repair or demolition of the unfit building. The voluntary correction agreement shall include:
A. The name and address of the owner or person bound under the contract;
B. The street address and a legal description sufficient to identify the premises;
C. A description of the violation and a reference to the provisions of this code or other regulation that have been violated;
D. The corrective action to be taken, and a date and time by which the corrective action must be completed;
E. An agreement by the owner that the city of Soap Lake may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;
F. A waiver by the owner of the right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;
G. The administrative costs to be paid and by whom;
H. Permission by the owner for the city to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and
I. An acknowledgement.
The building official may grant extensions to the time schedule if the owner has been diligent and has made substantial progress but has been unavoidably delayed, upon written request. Such requests must be filed with the building official prior to the deadlines set for the completion of the repairs or demolition. (Ord. 1262 § 1, 2018).
15.28.070 Complaint by building official.
A. Unfit Building Complaint. In the event that the owner does not respond to the notification or the city and owner cannot agree on a voluntary correction agreement for the repair or demolition of the unfit building, the building official shall prepare an unfit building complaint against the property and owner.
B. Content of Complaint. The complaint shall contain, among other things, the following information:
1. Name of owner.
2. Street address and legal description of the property on which the building is located.
3. General description of type of building, wall, or structure deemed unfit.
4. A complete, itemized statement or list of particulars which caused the building, wall, or structure to be an unfit building as defined in SLMC 15.28.040.
5. Whether or not the building should be vacated by its occupants, and the date of such vacation.
6. Whether or not the statement or list of particulars, as provided for in subsection (B)(4) of this section, can be removed or repaired.
7. Whether or not the building constitutes a fire menace.
8. Whether or not it is unreasonable to repair the building and whether or not the building should be demolished.
9. A notice that a hearing shall be held before the building official at the City Hall, Soap Lake, Grant County, Washington, not less than 10 days nor more than 30 days after the serving of such complaint or, in the event of publication, not less than 15 days nor more than 30 days from the date of the first publication and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person or otherwise, and to give testimony at the time and place fixed in the complaint.
C. Service.
1. The complaint issued by the building official must be in writing and shall be sent either by certified and regular mail or served personally upon all persons having any interest in and to the property, as shown by the records of the Grant County assessor of any building or structure found by the building official to be an unfit building within the standards set forth in SLMC 15.28.040.
2. If the whereabouts of such persons having an interest in the property are unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence and the building official makes an affidavit to that effect, then the complaint shall be served by publishing the same once each week for two consecutive weeks in a newspaper published in the city.
3. The complaint shall also be posted in a conspicuous place on the property.
4. Service by mail of any complaint, notice, order, notice of appeal, or other paper under this chapter shall be deemed complete at the end of the third business day following its deposit in the U.S. mail, correctly addressed, with postage prepaid.
D. Filing with Auditor. A copy of such complaint shall also be filed with the Grant County auditor, which filing shall have the same force and effect as other lis pendens notices provided by law. (Ord. 1262 § 1, 2018).
15.28.080 Unfit building hearing.
The hearing provided for in SLMC 15.28.070 shall be conducted by the building official at the time and place provided for in the complaint, or at such time or place to which the hearing is adjourned or continued. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official. (Ord. 1262 § 1, 2018).
15.28.090 Unfit building order.
A. If, after the required hearing, the building official determines that such building or structure is not an unfit or dangerous building as defined in this chapter, the building official shall enter in writing findings of fact to that effect and shall enter an order dismissing the complaint and shall file a copy of such order with the auditor of Grant County, Washington.
B. If, after hearing, the building official determines that such building or structure is an unfit or dangerous structure as defined in this chapter, the building official shall enter in writing findings of fact to that effect and shall enter an appropriate order in accordance with the standards set out in this chapter, which findings of fact and order shall provide as follows:
1. Name of owner.
2. Street address and legal description of the property on which the building is located.
3. General description of type of building, wall, or structure deemed unfit or substandard.
4. A complete itemized statement of the violations of SLMC 15.28.040 which resulted in the classification of the building or structure as unfit.
5. Whether or not the violations as outlined in SLMC 15.28.040 can be removed or repaired.
6. Whether or not the building or structure constitutes a fire hazard.
7. A statement that the city of Soap Lake has incurred costs in processing the unfit building abatement action and that, pursuant to RCW 35.80.030(1)(h), all costs incurred by the city for this purpose, including demolition, if necessary, shall be assessed against the property and shall be collected thereafter by the county treasurer as a part of the general taxes.
8. A requirement that the property shall be nuisance-free at all times.
9. The order shall provide specific instructions on whether the building or structure is to be demolished, repaired, or maintained, and a time frame for doing so.
C. The findings of fact and order shall be served on each owner in the manner provided for the service of the unfit building complaint under SLMC 15.28.070.
D. If no appeal is filed as provided in this chapter, a copy of the order shall be filed with the Grant County auditor, and shall be a final order. (Ord. 1262 § 1, 2018).
15.28.100 Appeals.
A. The owner or party in interest may file an appeal of the building official’s order with the hearing examiner within 30 days after the posting and service of the building official’s order. The filing of the notice of appeal shall stay the order of the building official except for temporary measures required to protect against immediate danger to the public health and safety.
B. The hearing examiner or designee shall set the appeal hearing within not less than 10 nor more than 30 days after the appeal has been filed and shall notify the appellant.
C. The hearing examiner shall conduct a full and fair review of the record of the proceedings before the enforcement officer, and the action taken. The hearing shall be on the record and not de novo.
D. The hearing examiner may affirm, modify, reverse, or return with directions the action or decision appealed in the event he or she finds an error of law or the record is not supported by substantiated evidence.
E. At the conclusion of the hearing the hearing examiner shall issue a written decision describing the decision or action appealed, making written findings of fact and stating the reasons for his or her decision, and making an appropriate order or orders, notify the appellant in writing of his or her action, and file the decision, findings, and orders with the Grant County auditor. A transcript of the hearing examiner’s decision, findings, and orders shall be made available to the appellant on demand. The decision, findings, and orders of the hearing examiner shall be reported in the same manner and shall bear the same legal consequences as if issued by the building official.
F. The hearing examiner shall enter his or her final decision within 60 days of the filing of the notice of appeal unless the appellant consents to a continuance.
G. The hearing examiner may promulgate additional written rules of procedure for the conduct of proceedings, to ensure a prompt and thorough review of appeals.
H. The owner or party in interest may petition the Grant County superior court for an injunction restraining the city from carrying out the provisions of the order by filing an action within 30 days after the posting and service of the hearing examiner’s 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. 1262 § 1, 2018).
15.28.110 Abatement and costs.
A. If the owner, following exhaustion of his or her rights of appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove or demolish the unfit building, or to take other required action, the building official may direct or cause such unfit building to be repaired, altered, improved, vacated, closed, removed, or demolished, and to take such further steps as may be reasonable and necessary to prevent access to the unfit building, for public health or safety reasons, pending abatement. The building official, with the assistance of the city attorney, may apply to the superior court for any legal or equitable remedy to enforce his or her order.
B. The amount of the cost of the abatement of the unfit building for such repairs, alterations, or improvements; or vacating and closing; or removal or demolition by the building official, shall be assessed against the real property upon which such cost was incurred unless such amount has been paid previously, and such cost shall be certified by the city finance director to the county treasurer as an amount due and owing to the city, pursuant to RCW 35.80.030, to be entered by the county treasurer as an assessment upon the tax rolls against the property for the current year and to 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 is provided in RCW 84.56.020 as now or hereafter amended for delinquent taxes, and when collected to be deposited to the credit of the city’s general fund.
C. If the unfit building is removed or demolished by the building official, the officer shall, if possible, sell the materials of the unfit building in the usual manner prescribed by city ordinance for selling surplus property. If there is no other established procedure, the building official shall sell the materials at public auction pursuant to notice published in the city’s official newspaper at least 10 days prior to the auction. The proceeds of the sale shall be credited against the cost of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties entitled thereto, as determined by the building official, after deducting costs incident to the sale.
D. As provided in RCW 35.80.030, the assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes.
E. Whenever a building or structure is found to be unsafe or unfit and the cost of demolition or other abatement must be incurred by the city, there shall be charged against the property the costs of all administrative proceedings before the enforcement officer and the hearing examiner including, but not limited to, salaries, wages, benefits, material, equipment rental, and other expenses incurred for inspecting, conducting hearings, or otherwise determining the status of the property.
F. The enforcement officer or hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the hearing examiner. (Ord. 1262 § 1, 2018).
15.28.120 Emergency cases.
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless an unfit building as defined in SLMC 15.28.020 is immediately repaired, vacated, or demolished, the building official shall cause the immediate repair, vacation, or demolition of such unfit building. The costs of such emergency repair, vacation, or demolition of such unfit building shall be collected in the same manner as provided in this chapter. (Ord. 1262 § 1, 2018).
15.28.130 Penalties.
It shall be unlawful and a violation of this chapter to knowingly:
A. Occupy or suffer to be occupied any building or structure ordered vacated;
B. Fail to comply with any order issued pursuant to this chapter; or
C. Obstruct any officer or agent of the city of Soap Lake or other governmental unit in the enforcement of this chapter.
Violation of any provision of this section shall be a civil infraction. Each day of violation shall constitute a separate offense. Each violation shall be subject to a C-1 penalty. (Ord. 1262 § 1, 2018).
15.28.140 Permits required.
Any work, including demolition, construction, repairs, or alterations, required under this chapter shall be subject to permitting requirements pursuant to the Soap Lake Municipal Code. (Ord. 1262 § 1, 2018).
15.28.150 Provisions of chapter cumulative.
Nothing in this chapter shall be construed to abrogate or impair the power of the city or any department thereof to enforce any provision of its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this chapter shall be in addition to and supplemental to powers conferred by other laws; nor shall this chapter be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings, or in any other manner provided by law. (Ord. 1262 § 1, 2018).