Chapter 15.05
UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES
Sections:
15.05.030 Conditions for declaring a building or premises unfit for human habitation or other use.
15.05.040 Conditions and standards for demolition, repair or vacation and closure.
15.05.050 Investigation, complaint, notice and administrative hearing.
15.05.070 Determination and order of building official after hearing.
15.05.080 Appeal from order of building official – Order stayed.
15.05.090 Board of appeals – City council.
15.05.100 Conduct of hearing on appeal.
15.05.110 Petition to superior court.
15.05.120 Extension of compliance date.
15.05.130 Certificate of compliance.
15.05.140 Enforcement of the order of the building official.
15.05.160 Notice to vacate – Posting – Compliance – Termination of utilities.
15.05.170 Violations – Penalties.
15.05.010 Purpose.
It is found and declared that there exist within the city of Westport buildings and structures occupied or designed for human habitation and other uses which are unfit for human habitation or other uses, substandard and dangerous, and these conditions are the result of inadequate original construction, dilapidation, lack of proper maintenance, overcrowding or other defects. It is also found that these conditions cause danger or substandard conditions to the health, safety and welfare of the general public and contribute to the creation of slums or otherwise blighted areas. (Ord. 1268 § 2, 2002)
15.05.020 Definitions.
As used in this chapter, the following terms are defined in this section:
“Building” means any structure used or intended for supporting or sheltering any use or occupancy.
“Building official” means the duly appointed building inspector or designated representative; however, for the purposes of this chapter, the term “building official” shall include the mayor or his designee.
“Complaint” means the notice issued pursuant to WMC 15.05.050 that contains a concise written statement of the alleged conditions that make a building or premises unfit for human habitation and the notices required by WMC 15.05.050(4).
“Dwelling unit” means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
“Efficiency living unit” means any room having cooking facilities used for combined living, dining, and sleeping purposes and meeting the requirements of WMC 15.05.030(25).
“Habitable space or room” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closet, halls, storage, or utility space, and similar areas are not considered habitable space.
“Hazard” means an observable and/or measurable condition that exposes or places any person to the risk of illness, bodily harm, or loss or damage to property.
“Health official” means the designated head of Grays Harbor-Pacific health district.
“Hotel” means any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests.
“Plumbing code” means Chapter 15.04 WMC.
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.
“Uniform Building Code” means Chapter 15.04 WMC.
“Uniform Mechanical Code” means Chapter 15.04 WMC. (Amended during 4/15 supplement; Ord. 1268 § 2, 2002)
15.05.030 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:
(1) 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 is less than the minimum requirements of the Uniform Building Code, for new buildings or structures of similar construction, purpose or location;
(2) Whenever any portion, member, appurtenance or ornamentation is likely to become detached, dislodged or collapse, or 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 Uniform Building Code, for new buildings or structures or similar construction;
(3) Whenever any portion of walls, partitions, or other vertical supports which lean, list or buckle or are wracked, warped, 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 or 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;
(4) Whenever any portion of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety;
(5) Whenever any portion of foundations, foundation supports, fireplaces or chimneys which list, bulge or settle, or fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety because of dilapidation, deterioration, decay, faulty construction, removal or movement or instability of any portion of the ground necessary for the purpose of supporting such building or structure is likely to partially or completely collapse;
(6) Whenever any portion of floors, floor supports, ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, buckle or settle are of insufficient size to carry imposed loads with safety;
(7) Whenever any portion has deteriorated, crumbling, or loose plaster or ineffective waterproofing of exterior walls, roof, foundations or floors including broken windows or doors, or lack of weather protection for exterior wall coverings, including lack of paint, or broken, rotted, split or buckled exterior wall coverings or roof coverings;
(8) Whenever any door, aisle, passageway, stairway or other means of exit is obstructed, insufficient in width, size or number, or is so arranged as to not provide safe and adequate means of exit as per the requirements of the Uniform Building Code;
(9) Whenever a building or structure is unsafe for the purpose for which it is being used;
(10) Whenever ventilating equipment is not maintained in a safe manner as per the Uniform Mechanical Code;
(11) Whenever every habitable room does not have an aggregate window area of not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet;
(12) Whenever one-half of the required window area in all rooms is not openable; provided, that in any habitable room which has an openable doorway opening directly to the outdoors or indirectly through a porch, such doorway shall be included in computing the openable window area;
(13) Toilet compartments shall be provided with natural ventilation of not less than three square feet or a mechanical exhaust ventilation system capable of four air changes per hour;
(14) Whenever wiring has not been maintained and is not being used in a safe manner;
(15) Whenever public hallways, stairs and other exitways in buildings and multiple dwellings are not lighted at all times so as to provide at least one foot candle of illumination at all points;
(16) Whenever a habitable room does not contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric light fixture, or whenever any habitable room, water closet compartment, bathroom, laundry room, furnace room and hallway does not have one supplied electric light fixture;
(17) Whenever a dwelling unit does not have a room or rooms which affords privacy to a person within said room or rooms, and has a water closet, lavatory and a bathtub or shower in good working condition;
(18) Whenever a hotel does not have water closets, lavatories and bathtubs or showers on each floor for each sex accessible from a public hallway or whenever additional water closets, lavatories, baths or showers are not provided on each floor for each sex at the rate of one for every additional eight guests, or fractional number thereof, in excess of eight;
(19) Whenever walls and floors of water closet compartments, except in dwellings, are not finished with smooth, nonabsorbent surfaces in accordance with the Uniform Building Code; whenever shower and tub enclosures within dwelling units are not finished with approved nonabsorbent materials;
(20) Whenever a dwelling unit is not provided with a kitchen which contains a sink, work counter of nonabsorbent material, adequate space for installing cooking appliance and refrigeration equipment and a storage area for cooking utensils;
(21) Whenever there is not an approved system of water supply, providing both hot and cold running water for the required sink, lavatory and bathtub or shower for each dwelling unit and whenever piping materials used for potable water are not approved by the plumbing code and whenever any such piping leaks or is insufficient in size as required by the plumbing code;
(22) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure;
(23) Whenever any building or structure, because of dilapidation, 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 building official to be a fire hazard;
(24) Whenever a dwelling unit does not have at least one room which has not less than 120 square feet of superficial floor area, or whenever a room which is used for both cooking and living or both living and sleeping purposes does not have at least 150 square feet of superficial floor area;
(25) Whenever a room used for sleeping purposes does not have at least 90 square feet of superficial floor area; provided, that when more than two persons occupy a room used for sleeping purposes the required superficial floor area shall be increased at the rate of 50 square feet for each occupant in excess of two;
Exception: Nothing in this section shall prohibit the use of an efficiency living unit meeting the following requirements:
(A) The unit shall have a living room of not less than 120 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two;
(B) The unit shall be provided with a separate closet;
(C) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities each having a clear working space of not less than 30 inches in front;
(D) Light and ventilation conforming to the requirements of the Uniform Building Code;
(E) The unit is provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower;
(26) Whenever a habitable room has less than seven feet in any dimension;
(27) Whenever a water closet space is less than 30 inches in width or a clear space in front of the water closet is less than 24 inches;
(28) Whenever habitable rooms, storage rooms and laundry rooms have a ceiling height of less than seven feet six inches;
(29) Whenever hallways, corridors, bathrooms and toilet rooms shall have a ceiling of less than seven feet six inches;
(30) Whenever a room which has a sloping ceiling is less than the prescribed ceiling height in more than one-half the area thereof; provided, that no portion of the room measuring less than five feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area;
(31) Whenever a building or structure, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, the accumulation of junk, debris or combustible materials, or otherwise, creates a health, fire or safety hazard;
(32) Whenever a nuisance exists that may prove detrimental to children whether in a building, on the premises, or a city owned right-of-way, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators, freezers, stoves, washers or dryers; or structurally unsound fences; or any lumber, trash, debris or vegetation which may prove a hazard for inquisitive minors;
(33) Whenever untreated wood support posts, girders, beams, floor joists or other wood structural supports are in direct contact with earth;
(34) Whenever any dwelling unit is not provided with heating facilities capable of maintaining a room temperature of 70 degrees Fahrenheit at a point five feet above the floor in the center of all habitable rooms, except bedrooms which shall be 60 degrees Fahrenheit at a point five feet above the floor in the center of the room;
(35) Whenever all plumbing fixtures are not trapped and vented and connected to a sanitary sewer or to an approved private sewage disposal system and whenever all toilets are not flush type and in good working condition and whenever piping both drain lines and vent lines are broken, cracked or in such a condition that they leak or of materials which are not approved by the Uniform Plumbing Code;
(36) Whenever each hot water tank or hot water heating system is not provided with an approved adequately sized pressure relief valve with a full size drain plumbed to the exterior of the building or other approved location as determined by the building official;
(37) Whenever glazing in locations subject to human impact such as glass doors, glazing immediately adjacent to such doors, glazing adjacent to any surface normally used as a walking surface, sliding glass door units, shower doors, tub enclosures and storm doors are not safety glazing materials as specified in Uniform Building Code, provided glazing does not need to be safety glass in locations as specified under “exceptions” listed in the Uniform Building Code;
(38) Whenever five-eighths inch gypsum board or other material which has equivalent or better fire resistive rating is not provided on walls and ceilings which separate individual dwelling units, dwelling units from common storage areas and dwelling units from public or private garage; provided, that existing partitions and ceilings with wood lath and plaster in which the plaster is a minimum of three-eighths inch thick and is not cracked, broken or bulging will be acceptable in lieu of the above mentioned requirement;
(39) Whenever one-half inch gypsum board or other material which has equivalent or better fire resistive rating is not provided on walls and ceilings in individual dwelling units or dwellings; provided, that existing partitions and ceilings with wood lath and plaster in which the plaster is a minimum of three-eighths inch think and is not cracked, broken or bulging will be acceptable in lieu of the above requirement. (Ord. 1268 § 2, 2002)
15.05.040 Conditions and standards for demolition, repair or vacation and closure.
(1) Whenever the building official determines, pursuant to WMC 15.05.030, that all or any portion of a building or premises is unfit for human habitation or other use, the building official shall order that the unfit building or premises or portion thereof be:
(A) 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 exceeds 50 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 do not exceed 50 percent of such replacement value, to be repaired, or demolished and removed, if the degree of structural deterioration is as described in WMC 15.05.030(1) through (6), (8), (22), (23), and the owner has failed three or more times in the last five years to correct the conditions by compliance dates as ordered by the building official;
(B) Repaired, and/or vacated and closed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use does not exceed 50 percent of the replacement value of a building or structure of similar size, design, type and quality; or
(C) 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 (condemnation of blighted property).
(2) 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.
(3) In estimating the cost of repairs, the building official shall apply the following standards:
(A) 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;
(B) All repair costs shall be based on estimates calculated from the Marshall and Swift’s “Residential Cost Handbook” latest available edition, or a cost estimating publication that the building official deems comparable;
(C) 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 Westport;
(D) 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
(E) 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, unless different materials are required by current building, mechanical, electrical, plumbing, energy, and fire codes. 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.
(4) 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:
(A) 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
(B) Building appendages, as defined in the Uniform Building Code, are in a deteriorated condition or are otherwise unable to sustain the design loads specified; or
(C) 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. 1268 § 2, 2002)
15.05.050 Investigation, complaint, notice and administrative hearing.
(1) 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:
(A) Issue a complaint stating the conditions that make the building or premises unfit for human habitation or other use; and
(B) Serve the complaint by personal service, registered mail, 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
(C) 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.
(2) 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. For the purposes of this subsection, the building official may require as a condition of issuing a permit for that the applicant provide a written and signed, mutually agreed-upon schedule for the completion of the work.
(3) If the address of the persons appearing on the litigation guarantee identified in subsection (1) 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 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. Each person whose address cannot be ascertained shall be mailed a copy of the complaint at 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.
(4) The complaint shall state that an administrative hearing will be held before the building official at a specified time and place, not less than 10 days nor more than 30 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 administrative 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 administrative hearings before the building official.
(5) A copy of the complaint shall be filed for public record with the Grays Harbor County auditor. (Ord. 1268 § 2, 2002)
15.05.060 Emergency order.
Whenever the building official finds that any building, structure or portion thereof is an imminent hazard to the extent that persons in or around the building, structure or portion thereof are in serious jeopardy, he may, without notice and order, take immediate action to vacate or demolish or restore the hazard to a condition of stability and safety and take whatever action necessary to barricade or prevent occupants or the general public from any dangerous conditions. The building official shall, within five working days following completion of work to remove the imminent hazard, issue a complaint pursuant to WMC 15.05.050. Any city funds spent in responding to the emergency shall be included in costs recovered under WMC 15.05.150. (Ord. 1268 § 2, 2002)
15.05.070 Determination and order of building official after hearing.
(1) If, after the administrative hearing provided for in WMC 15.05.050, the building official determines that a building or premises is unfit for human habitation or other use pursuant to WMC 15.05.030, the building official shall further determine, using the standards set forth in WMC 15.05.040, whether the building should be:
(A) Repaired, altered or improved;
(B) Vacated and closed; or
(C) Demolished and removed, and/or whether the premises and the conditions that cause it to be unfit should be corrected or improved.
(2) The building official shall issue a written order requiring that the building or premises be made fit for human habitation or other use. The building official shall post and serve the order upon all parties served with a copy of the complaint, in the manner provided in WMC 15.05.050. The order shall contain:
(A) The street address and a legal description sufficient for identification of the premises upon which the building, structure, or dwelling unit is located;
(B) A statement that the building official has found the building or structure or portion thereof to be dangerous and/or substandard with a brief and concise description of the condition found to render the determination;
(C) A statement that one of the following actions shall be taken:
(i) If the building official determines that the building or structure or portion thereof must be repaired or replaced, the order shall require that permits be secured and the work physically commenced within such time and completed within such time as the building official determines is reasonable.
(ii) If the building official determines that the building or structure or portion thereof shall be vacated and repaired, the order shall require that the premises be vacated within a time determined reasonable and that a permit be secured and work physically commenced and completed within such time as the building official determines reasonable.
(iii) If the building official determines the building or structure or portion thereof must be vacated and demolished or is already vacated or demolished, the order shall require that the premises, if not vacated, be vacated within a time determined reasonable and that a permit be secured and work physically commenced and completed within such time as the building official determines reasonable;
(D) A statement advising that the building official will or has notified, as prescribed by WMC 15.05.160, gas utility company to terminate utility service;
(E) A statement advising that failure to comply with the order may result in prosecution as a violator of the provisions of the city code;
(F) A statement advising that if required repairs or demolition or failure to obtain permits within specified time is not made, the city may proceed to cause the work to be done and that the amount of the cost of such repairs, alterations or improvements; or vacating and closing; or removal or demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid;
(G) A statement advising:
(i) That any person having any record title or legal interest in the building may appeal from the notice and order any action of the building official to the board of appeals; provided, the appeal is made in writing and filed with the building official within 30 days from the date of service of the written order issued pursuant to subsection (2) of this section; and
(ii) That failure to appeal will constitute a waiver of all right to a hearing before the board of appeals and in such case the order issued by the building official shall be the final determination of the matter; and
(iii) That the person having a record title or legal interest in the building may request an informal conference to discuss modifications of the notice and order.
(3) If an owner fails to comply with an order and the building official elects to demolish and remove a building pursuant to WMC 15.05.140, 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.
(4) When calculating the time for compliance under subsection (1) of this section, the building official shall consider:
(A) 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;
(B) 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:
(i) Entering into a contract with a licensed contractor to perform the required work within a specific time and for a reasonable compensation;
(ii) Depositing cash in a segregated account in an amount sufficient to complete the required repairs;
(iii) Securing a loan from an established lending institution that will provide sufficient funds to complete the required repairs; or
(iv) Securing a permit to perform the required work and paying the required permit fees;
(C) The length of time required to obtain permits needed to complete the repairs;
(D) The complexity of the repairs, seasonal considerations, construction requirements and the legal rights of tenants; and
(E) Circumstances beyond the control of the responsible person.
(5) If no appeal is filed, a copy of the order shall be filed with the Grays Harbor County auditor. (Ord. 1268 § 2, 2002)
15.05.080 Appeal from order of building official – Order stayed.
(1) 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 board of appeals. 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.
(2) The notice of appeal shall:
(A) Be filed with the city clerk-treasurer, as secretary to the board of appeals, no more than 30 days after service of the building official’s order;
(B) Be in writing and state clearly and concisely the specific objections to the building official’s order;
(C) 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;
(D) State briefly the remedy sought; and
(E) Include the signatures of all appellants and their mailing addresses.
(3) Upon receipt of an appeal the secretary of the board of appeals shall fix a date, time and place for hearing and such date shall not be more than 45 days from the date the appeal was filed.
(4) Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of hearing to each appellant and members of the board of appeals by the secretary of the board. Such notice shall be delivered to the appellant personally or by mailing a copy to the address shown on the notice of appeal. 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.
(5) Except for vacation, enforcement of any notice and order by the building official shall be stayed until final determination of the appeal is made by the board of appeals. (Ord. 1268 § 2, 2002)
15.05.090 Board of appeals – City council.
The city council shall be the board of appeals until such time as the city council approves a successor board of appeals and shall hear all matters or issues raised on appeal of any notice and order of the building official in the manner provided in WMC 15.05.100.
(1) The secretary for the board of appeals shall be the city clerk-treasurer.
(2) No member who did not hear the evidence presented at the hearing shall vote or take part in the board’s decision on an appeal.
(3) A majority of the total membership of the board of appeals shall constitute a quorum and shall be necessary for conducting the hearing on appeal; provided, however, that members who have been disqualified or have disqualified themselves for any conflict of interest or in the interest of the appearance of fairness shall not be counted in determining the number of members necessary to constitute a quorum.
(4) The 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 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.
(5) Within 14 days after the hearing the board shall issue a written decision containing findings of fact and conclusions and shall mail copies of the decision to the parties of record. The decision of the 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 WMC 15.05.050. The decision and order of the board shall be filed by the building official with the Grays Harbor County auditor. (Ord. 1268 § 2, 2002)
15.05.100 Conduct of hearing on appeal.
(1) A record of the entire proceedings shall be made by tape recording, or by any other means of permanent recording determined to be appropriate by the board.
(2) A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall in no event be greater than the cost involved.
(3) The board may grant continuances for good cause.
(4) The board of appeals or appellants may obtain the issuance and service of a subpoena for the attendance of witnesses or the introduction of other evidence.
(5) Oral evidence shall be taken only on oath or affirmation.
(6) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding.
(7) The board of appeals may inspect any building or premises involved in the appeal before the hearing or during the course of the hearing; provided, that: (A) notice of such inspection shall be given to the parties before the inspection is made; and (B) the parties are given an opportunity to be present during the inspection.
(8) Parties to the appeal shall have the right to call and examine witnesses on any matter relevant to the issues of the hearing; to introduce documentary and physical evidence; to cross-examine opposing witnesses on any matter relevant to the issues of the hearing; to impeach any witness regardless of which party first called him to testify; to rebut the evidence against him; and to represent himself or to be represented by an attorney. (Ord. 1268 § 2, 2002)
15.05.110 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 21 days of issuance of the board’s decision pursuant to WMC 15.05.090, as provided by Section 705 of Chapter 347 of the Laws of 1995. (Ord. 1268 § 2, 2002)
15.05.120 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. 1268 § 2, 2002)
15.05.130 Certificate of compliance.
(1) 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.
(2) 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. 1268 § 2, 2002)
15.05.140 Enforcement of the order of the building official.
(1) 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:
(A) Repaired, altered or improved; or
(B) Vacated and closed; or
(C) Demolished and removed; and
(D) 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 WMC 15.05.150.
(2) If an owner fails to comply with an order and the building official elects to demolish and remove a building pursuant to subsection (1) 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. 1268 § 2, 2002)
15.05.150 Recovery of costs.
(1) If the costs incurred by the building official pursuant to WMC 15.05.140 or 15.05.160 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.
(2) 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.
(3) 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 finance director of the amount due and owing, and upon receipt of the notification the finance director shall certify the amount to the Grays Harbor County treasurer for assessment.
(4) Upon certification by the finance director of the amount due and owing, the Grays Harbor County treasurer or designee 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, it shall be deposited in the general fund of the city.
(5) The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. (Ord. 1268 § 2, 2002)
15.05.160 Notice to vacate – Posting – Compliance – Termination of utilities.
(1) Every notice to vacate shall, in addition to being served as provided in WMC 15.05.050, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER – UNSAFE TO OCCUPY. IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, STRUCTURE, OR DWELLING UNIT, OR TO REMOVE OR DEFACE THIS NOTICE. BUILDING OFFICIAL, CITY OF WESTPORT.
It shall be unlawful for any person to remain in or enter any building, structure or dwelling unit which has been posted; except, that entry may be made to repair or demolish such under a permit.
(2) Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under WMC 15.05.050 reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit or as otherwise approved in advance by the building official. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of compliance issued.
(3) The building official may, by written notice directed to the owner and to the superintendent of water, public utility district and/or gas utility company, request that service of water, electricity or gas to the building or premises be terminated or disconnected on or before a specified date. Upon receipt of such notice the superintendent of water, public utility district, or gas utility company is authorized to terminate or disconnect the service, and to restore the service upon the issuance by the building official of a certificate of compliance, or upon written notification by the building official that water, electricity or gas service should be restored.
(4) It is unlawful for anyone other than the superintendent of water, public utility district, or gas utility company, or their authorized representatives, to restore any water, electricity, or gas service that has been terminated or disconnected by notice from the building official. (Ord. 1268 § 2, 2002)
15.05.170 Violations – Penalties.
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 1268 § 2, 2002)