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HomeMy WebLinkAboutPH - Condo Conversions Moratorium (8/13/79) wn3o1. ,
Affidavit of Publication .
STATE OF WASHINGTON ss.
COUNTY OF KING
Theresa Skobin being first duly sworn on
oath,deposes and says that..sh.O.is the .oh.1.i.•. 1.ork of
THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a
week.That said newspaper is a legal newspaper and it is now and has been
for more than six months prior to the date of publication referred to,
•
printed and published in the English language continually as a newspaper
published four(4)times a week in Kent,King County,Washington,and it is
now and during all of said time was printed in an office maintained at the
aforesaid place of publication of said newspaper.That the Daily Record
Chronicle has been approved as a legal newspaper by order of the Superior
Court of the County in which it is published,to-wit,King County,
Washington.That the annexed is a Di.'cl.it:anco...#.3366
R584.6
as it was published in regular issues(and
not in supplement form of said newspaper) once each issue for a period
of 1 consecutive issues,commencing on the '
.1.9......day of 00 t Ober ,19.79....,and ending the
day of ,19 both dates
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee
charged for the foregoing publication is the sum of $.4t 3..3phich •
has been paid in full at the rate of per folio of one hundre ords or the
first insertion and per folio of one hundred words for each subsequent
insertion.
,..412•____,
Chief Clerk
Subscribed - t .
'and sworn to before me this 2 day of
19...
0•cte?er 79 ,J
Notary Public in and for the State of Washington,
residing at Kent,King County. ® ' e.`
—Passed by the Legislature,1955,known as Senate Bill 281,effective June c,i GL
9th, 1955. Ce
—Western Union Telegraph Co. rules for counting words and figures,
adopted by the newspapers of the State.
V.P.C.Form No.87 Rev.7-79
(19) Subtenant: A person in possession of a rental unit maintenance of a nuisance on the premises andTai of ie to
through the tenant with the knowledge and consent,express I 9 9 P vacate after-service•of a three day notice as provided in
' or implied,of the owner. RCW 59.12.030(5).
� (20)Tenant:Any person who occupies or has a leasehold (9) Tenant's Right to Vacate:Tenants who receive 120
interest in a rental unit under a lawful rental agreement day notices of sale may terminate their tenancies at any time
Page 6 - Record-Chronicle - Section B -Friday, I • whether oral or written,express or implied. during such period in the manner provided by RCW
Section 3.Application of Ordinance: 59.18.200 and RCW 59.18.220,but will forfeit all rights to
Public Notices Public,Notlees (1) Application to Conversion of Condominiums and purchase a unit.
CITY OF RENTON,WASHINGTON Cooperatives: This Ordinance shall apply only, to, the Section 5.Consumer Protections:
ORDINANCE NO.3366 conversion and sale of rental units that have not been (1) Mandatory Housing Code Inspection and Repair;
i converted to condominium or cooperative units, and to Notice to Buyers and Tenants:Prior to delivery of the 120
AN ORDINANCE,relating to housing and regulating those units in converted buildings that are not subject to a
the conversion of residential rental units to con- 9 j day notice described l a paragraph 4(2)above,developers
dominiums or cooperatives;providing protections for ; • binding purchase commitment or have not been sold on the shall, at their expense,request an inspection of the entire
tenants and purchasers in converted buildings; effective date of this Ordinance. This Ordinance shall not building by the Building Department for compliance with the
adopting measures to mitigate the adverse effects of '' apply to condominium or cooperative units that are vacant Housing and Fire Co k.Tho:nsp£ct r chill be completed
conversion displacement;and providing penalties for i , on October 24,1979 and which have been offered for sale within 45 days of a developer's request unless the developer
• prior to that date; Provided, That any tenant who takes fails to provide or refuses access to Building and/or Fire
violations. •
possession of the unit after October 24, 1979 shall be Department personnel.The developer shall be required to
WHEREAS,the vacancy rate for rental units in the City is provided the disclosures required by Section,4 of this install an approved fire alarm and smoke detector system in
between one and two percent and has been steadily Ordinance and shall be entitled to the benefits of that section accordance with Title 7,and Title 4,Chapter 32,of the Code
declining and projections indicate no increase in the rental if the required disclosures are not given. of General Ordinances of the City of Renton.The installation
vacancy rate in the foreseeable future;and • (2) Application to Tenants: This Ordinance shall apply, of the fire alarm system and all violations of the Housing
WHEREAS, an increasing percentage. of residential only to those tenants and subtenants who occupy rental Code revealed by the inspection'must be completed and
rental units are being converted into condominiums and this •units in converted buildings at the time the notices,offers, corrected at least 7 days prior to the closing of the sale of the
the conversion the process is worsening ang the numberlo rental units in , •and disclosures provided by this Ordinance.are required to first unit or by the compliance date on the inspection report,
the city thereby already critical rental housing ; •
be delivered.This ordinance shall not apply to tenants who whichever is sooner.A follow-up inspection for compliance
shortage;and takepossession of a unit vacated bya tenant who has
WHEREAS, tenants displaced by condominium convey shall be completed within 7 days of a developer's request.A
sions, frequently on short notice, and sometimes im received the notices and other benefits provided by this copy of the building inspection report and certification of
mediately after commencement of the tenancy,have been . Ordinance; Provided, that developers shall disclose in repairs shall be provided by the developer to each
• unable to find comparable housing and are increasingly writing to all tenants who take possession after service of the prospective purchaser at least 3 days before the signing of
unable to find any decent,safe,and sanitary rental housing; notice required by Section 4 of this Ordinance,that the unit any earnest money agreement or other binding purchase
and has been sold or will be offered for sale as a condominium or commitment. Copies of the inspection report shall be
cooperative. This disclosure shall be made prior to the delivered to tenants in the converted building by the
WHEREAS,conversions are imposing severe hardships ; execution.of any written rental agreement or prior to the developer with the notice of sale as provided in Section 4(2).
r upon all displaced•tenants;and tenant's taking possession, whichever occurs earlier. A An inspection fee of$100.00 for the•first unit and$15.00 per
WHEREAS, prospective purchasers of condominiums developer's failure to disclose, within the time specified unit thereafter shall be paid by the developer whenever an
are often without knowledge of the unique concepts of above,that the unit has been sold or offered for sale shall , inspection is requested as required herein.
ownership involved or of the obligations they incur in ' entitle the tenant to all the protections and benefits of this (2) Certification of Repairs: For the protection of the
purchasing a condominium;and Ordinance. - general public, the Building Department shall inspect the
WHEREAS,in view of the increased danger of loss to the ' Section 4.Tenant Protections: repairs of defective conditions.identified in the inspection
homeowner due to fire as the result of the occupancy of the (1)Notice to Tenants of Filing of Conversion Declaration: report and certify that the violations have been corrected.
• building by other owners;and I Within seven (7) days of the filing of a condominium I The certification shall state that only those defects
WHEREAS, condominium sellers frequently do not , conversion declaration as provided by the Horizontal 'discovered by the Housing Code inspection and listed on the
provide prospective purchasers sufficient information about• Property Regimes Act(RCW Chapter 64.32)the developer inspection report have been corrected and that the
the nature of condominium ownership generally,or about • shall: certification does not guarantee that all Housing Code
, specific building conditions and operation costs to enable i (a) Send to each tenant in the converted building,by violations have been corrected. Prior to the acceptance of
purchasers to make informed decisions;Now,Therefor, registered or certified mail,return receipt requested,written , any offer,the developer shall deliver a copy of the certificate
THE CITY COUNCIL OF THE CITY OF RENTON'DO I notice of the filing.A tenant's refusal to accept deliveryshall
' ORDAIN AS FOLLOWS: P to the purchaser. No developer, however, shall use the
Section 1.' Title: This ordinance may be cited as the be deemed adequate service. Building Officials certification in any advertising for the
"Condominium Conversion Ordinance." (b)File notice of the filing of such declaration with the purpose of inducing a person to purchase a condominium or '
City Clerk,giving the date of filing,file or recording number, cooperative unit.
Section 2. Definitions: The following words and phrases ' office where filed,location and address of the structure and (3) Disclosure Requirements: In addition to the disci°-
. used in this Ordinance shall have the meanings set forth ,number of dwelling units contained within the structure,and sures required by previous sections of this Ordinance,the
• below: 1 thename, phone numbers of the owner(s),
• Acceptance of Offer of Sale:A written commitment for address and (s) developer shall'make available at a place on the premises
1
( ) P managers and persons responsible for the management of convenient to the tenants during normal working hours the
• "
the purchase of a condominium unit or interest in a the structure. following information to prospective purchasers at least 3
cooperative at a specific price and on specific terms.
(2)Agent:Any person,firm,partnership,association,joint • _ days before any purchase commitment is signed,or,in the
• venture, corporation or any other entity or combination of i October 19, 1979 case of existing tenants,with the 1,20 day notice provided in
entities who represents or acts for or on behalf of •a paragraph 4(2)above:'I)copies of all documents filed with
developer in'selling or offering'to sell any condominium or Public Notices Public Notices any governmental agency pursuant to the Horizontal
cooperative unit or interest in a cooperative. Property Regimes Act (Chapter 64.32 RCW); 2) an
p P (2)Notice to all Tenants Prior to Offering any Unit for Sale itemization of the specific repairs and improvements made
r, (3)Building:Any existing structure containing one or more I to the Public as a Condominium or Cooperative Unit:At least ll to the entire building during the.six months immediately
dwelling units and any grouping of such structures,which ; 120 days prior to offering any rental unit or units for sale to f preceeding the offer for sale;3)an itemization of the repairs
' , were operated as rental units as converted buildings are the �,, , the public as a condominium unit or cooperative unit,the and improvements to be completed before close of sale;4)a
subject of a single declaration or simultaneous declarations, developer shall deliver to each tenant in the building written statement of the services and expenses which are being
• filed pursuant to the Horizontal property Regimes Act(RCW i notice of his intention to sell the unit or units.The notice shall paid for by the developer but which will in the future be
E Chapter 64.32). • • specify the individual units to be sold and the sale price of terminated,or transferred to the purchaser,or transferred to
(4)Condominium:Any existing structure containing three each unit.This notice shall be in addition to and not in lieu of the owners' association; 5) an accurate estimate of the
or more dwelling units as defined in the Housing Code:a) the notices required for eviction by RCW 59.12 and,59.18, useful life of the building's major components and mechan-
which is the subject of a declaration filed pursuant to the and shall be delivered as provided in Section 4(1)(a)of this ical systems:(foundation, exterior walls, exterior wall
Horizontal Property Regimes Act (RCW 64.32); or b) in Ordinance.With the notice the developer shall also deliver -coverings other thanpaint or similarprotective coating,
which there is private ownership of individual units and to.the tenant a statement,in a format to beprovided bythe g in
exterior stairs, floors'and floor•supports, carpeting in
• common ownership of common areas. Building Department, of the tenant's rights under this ( common areas; roof cover, chimneys, plumbing system,
(5) Condominium Unit: Any dwelling unit in a con- ordinance. •
dominium. i _ heating system, water heating appliances, mechanical
(6) Cooperative: Any existing structure, including'sur- (3) Purchase Rights of Tenant in Possession:With this ventilation system, and elevator equipment) and•an ,
rounding land and improvements, which contains one'or notice provided in Section 4 above,the developer shall i estimate of the cost of repairing any component whose
more dwelling units and which a)is owned by an association deliver to each tenant whose unit is to be offered for sale,a useful life will terminate in less than five years from the date
organized pursuant to the Cooperative Association Act firm offer of sale of the unit that the tenant occupies.In the of this disclosure.For each system and component whose
(RCW.Chapter 23.86);orb)is owned by an association with event that more than one tenant occupies a single unit,the expected life cannot be accurately estimated,the developer.
resident shareholder who are granted renewable leasehold developer shall deliver the offer to all tenants jointly or shall provide a detailed description of its present condition
interests in housing units in the building. separately.For 120 days from the date of delivery of the offer and an explanation of why no estimate is possible. In
(7)Cooperative Unit:Any dwelling unit in a cooperative. the tenant shall have the exclusive right to purchase his or addition,the developer shall provide an itemized statement
(8) Conversion of Condominiums: The filing of a her unit on the terms offered. in budget form of the monthly costs of owning the unit that
declaration pursuant to the Horizontal Property Regimes Act (4)Purchase Rights of Tenants Whose Units are Offered the purchaser intends to buy.The itemization shall include
or the sale by a developer of condominium units that were for Sale Prior to Effective Date of Ordinance:Tenants of but shall not be limited to:a)payments on purchase loan;b)
previously rental units. rental units which were offered for sale as condominium or taxes; c) insurance; d) utilities (which shall be listed
(9)Conversion of Cooperatives:The execution of a lease cooperative units prior to the effective date of this Ordinance individually);e)homeowner's assessments;f)the projected
agreement by a member of a cooperative association. but for which offers there have been no acceptances,shall j monthly assessment needed for replacing building compo-
(10) Converted Building:Any condominium or coopera- be entitled to the rights and benefits of this Ordinance except nents and systems whose life expectancy is less than five
tive which formerly contained rental dwelling units. that those rights provided by Section 4(6)of this Ordinance years; and g) a statement of the budget assumptions
(11) Developer: Any person,firm, partnership,associa- shall terminate 60 days from the offer of sale of the unit to the concerning occupancy and inflation factors.
Lion, joint venture or corporation or any other entity or • tenant. (4) Warranty of Repairs; Set Aside for Repairs: Each.
combination of entities or succes ers thereto who, a) - (5)Subtenant's Purchase Rights:Should a tenant reject developer shall warrant for one year from the date`of
undertakes to convert, sell, or ofie;f:'r sale condominium an offer of sale,the subtenant in possession at the time the completion'all improvements and repairs disclosed pur-
units;of b)undertakes to convert;::n!-,i units to cooperative. I notice provided in Section 4 is delivered,shall be offered the suant to Section 5(3)of this Ordinance.
units or sell cooperative shares in an ox.>iir ig bw:lding w;Nlci i -t unit on the same terms as those offered the tenant.For 30 (5)Unlawful Representations:It shall be unlawful for any
contains housing units or lease unito, ,o a cooperative j days following that offer or until the expiration of the tenants' developer,agent,or person to make or cause to be made in
association's shareholders. Thu term deveoper shall 1120 day option period as provided in Section 4,whichever any disclosure or other document required by this Ordi-
include the developer's agent and uny other person acting I occurs later,the subtenant shall have the exclusive right to nance, any statement or representation that is knowingly
on behalf of the developer. I pruchase the unit on the terms offered to the tenant. false or misleading. It shall also be unlawful for any
(12)Eviction:Any effort by a developer to remove a tenant j (6)Rights of Tenants in Converted Buildings to Purchase developer,agent,or other person to make,or cause to be
from the premises or terminate a tenancy by lawful or 1 Other Units in the.Buildings:Should both the tenant and
unlawaful means. • i subtenant reject the offer or sale'or fail to notify of
(13) Housing Code: The Renton Housing Code as acceptance of the offer within the time periods set forth in
codified in Title 4,Chapter 9,Code of General Ordinances of Section 4(3) and 4(5) or vacate, the unit shall be made
the City of Renton,as amended. available for purchase to other tenants and subtenants in the
(14) Offer of Sale to Tenant: A written offer to sell a ' building.The right to purchase another unit in the building by
• condominium or cooperative unit to the tenant in possession I tenants and subtenants shall extend to the end of the 120
of that unit at a specific price and on specific terms.' j j day notice period provided the tenant in possession of that _,-) ,,
(15) Offer for Sale to Public: Any advertisement, unit under Section 4(3). Whenever all tenants and — ------�&r-- ---- '
inducement, solicitation, or attempt by a developer to :
I subtenants in a building have indicated in writing their i
encourage any person other than a tenant to purchase a ' intention not to purchase a unit or the 120 day notice period
condominium or cooperative unit. has expired and that unit is or becomes vacant then the -
(16) Owner's Association: The association formed by 'i developer may offer for sale and sell the unit to the public.
owners of units in a condominium or cooperative for the I (7)No Subsequent Sale on Better Terms:For a period of
purpose of managing the condominium or cooperative. + one year following the date of the offers provided in Sections
(17) Person: Any individual, corporation, partnership, ' 4(3), 4(5) and 4(6), no offer shall be extended by the
association,trustee or,other legal entity. developer on terms more favorable in any respect than the
(18)Rental Unit:Any dwelling unit,other than a detached I offer previously extended to the tenant and/or subtenant
single family residential dwelling, which is occupied I unless the more favorable offer is first extended to the tenant
pursuant to a lawful rental agreement, oral or written, ; and/or subtenant as required by Sections 4(3), 4(5), and
express-or implied,which was not onwed as a condominium ; 4(6)for a period of not less than 30 days.
unit or cooperative unit•on the effective date of this (8)Evictions Only for Good Cause During Notice Period: ,
Ordinance.A dwelling unit in a converted building for•which No condominium or cooperative unit shall be sold or offered
there has been no acceptance of an offer of sale on the If for public sale if, in the 120 day period immediately
effective date of this Ordinance shall be considered a rental 3 preceding the sale or offer for public sale,any tenant has
unit.___. --------- - — been evicted without good cause. For the purposes of this
Ordinance good cause shall mean:1)failure to pay rent after
service of a three day notice to pay rent or vacate as
provided in RCW 59.12.030(3);2)•failure to comply with a
term or terms of the tenancy after service of a ten day notice
to comply or vacate as provided in RCW 59.12,030(4);and
. 3 the commission or permission of a waste or the
.I
made,to any prospective purchaser,including a tenant,any
oral representation which differs from the statements made
in the disclosures and other documents required to be
provided tenants and purchasers by this Ordinance.
(6) Purchaser's Right to Rescind: Any purchaser who
does not receive the notices,disclosures,and documents
required by this Ordinance may,at any time prior to closing
of the sale, rescind, in writing, any binding purchase
agreement without any liability on the purchaser's part and
the purchaser shall thereupon be entitled to the return of any
deposits made on account of the agreement.
(7) Delivery of Notice and Other Documents: Unless
otherwise provided, all notices, contracts, disclosures,
documents and other writings required by this Ordinance
shall be delivered by registered or certified mail, return
receipt requested.The refusal of registered or certified mail
by the addressee shall be considered adequate delivery.All
documents shall be delivered to tenants at the address
specified on the lease or rental agreement between the
tenant and the developer or landlord. If there is no written
lease .or rental agreement then documents shall be '
delivered to the tenants'address at the converted building or
the last known address of the tenant, if other than the
address at the converted building. In any sublet unit all
documents shall be delivered to the tenant at his current
address,if known,and to the subtenant in possession.If the
tenant's current address is unknown,then.two copies of all
documents shall be I delivered to the subtenant, one
addressed to the tenant and the other addressed to the
subtenant.Delivery of the 120 day notice of intention to sell
,required by Section 4(2)of the Ordinance,the developer's
offer to sell,and all disclosure documents shall be delivered
to the tenants in a converted building at,a meeting between
the developer and the tenants. The meeting shall be
arranged by the developer at a time,and place convenient to
the tenants.At the meeting the developer shall discuss with
the tenants the effect that the conversion will have upon the
tenants.Should any tenant refuse to'acknowledge accept-
ance of the notice,offer and disclosures the developer shall
deliver the documents',in the manner prescribed in this
paragraph.
(8)Acceptance of Offers:Acceptance by tenants or other
beneficiaries of offers provided pursuant to this Ordinance,
shall be in writing and delivered to the developer by
registered or certified mail, return,receipt requested, .
postmarked on or before the expiration date of the offer.
Section 6.Administration—Penalties—Severability:
(1)Administration:The Building Department is charged
with the administration and enforcement of this Ordinance
and is authorized and directed to adopt,promulgate,amend
and rescind administrative rules consistent with the-
provisions of this Ordinance and necessary to carry out the
duties of the Building Official hereunder.
(2) Complaints: Any person subjected to any unlawful
practice as set forth in this Ordinance may file a complaint in
writing with the Building Department.The Building Depart-
ment is hereby authorized and directed to receive com-
plaints and conduct such investigations as are deemed
necessary.Whenever it is determined that there has been a
violation of this Ordinance the Building Department is
authorized, at its discretion, to follow one or more of the
following procedures:
(a) Attempt to conciliate the matter by conference or
otherwise and secure a written conciliation agreement.
(b)Refer the matter to the City Attorney for appropriate
civil remedies or criminal prosecution.
(3) Hardship Relief — Waiver: The City Council is
authorized to waive strict compliance with this Ordinance in
specific individual instances where the developer can show
with clear, cogent and convincing evidence that: 1) the
financial burden required to comply would greatly outweigh
the benefits and would create an unreasonable hardship
upon the developer; or 2) the units have been offered for
sale as condominium units prior to the effective date of this
Ordinance and the developer has incurred significant
financial obligations with the intention of meeting such
obligations with the proceeds of the sale of such units,and
the provisions of this Ordinance will prevent meeting such
obligation.
(4) Penalties: Any person who violates any provision of
this Ordinance, fails to comply with the provisions of this
Ordinance or who deliberately attempts to avoid the
application of this Ordinance may,upon conviction thereof,
be punished by a fine not exceeding $500. Each day's
violation shall constitute a separate offense.
(5) Severability: If any section, subsection, sentence, .
clause,phrase or portion of this Ordinance is for any reason
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate,
distinct and an independent provision and such decision
shall not affect the validity of the remaining portions thereof.
(6)Effective Date:This Ordinance shall take effect arid be
in force five(5)days after the date of its publication in the
manner provided by law.
PASSED BY THE CITY COUNCIL this 15th day, of-
October, 1979
Delores A. Mead,City Clerk
APPROVED BY THE MAYOR this 15th day of October,
1979
Charles J. Delaurenti, Mayor
Approved as to form:
Lawrence J.Warren,City Attorney _
Published in the Daily Record Chronicle October 19,
1979. R5846 J
p CITY OF RENTON, s ,
vv\ S��yy WASHINGTON i
NJ ORD'-'7CE NO.3,365 - . .ti r
Co AN 0. •INANCE •OF ` Possea ,:o=tea+�. ' g or
any Port+ ,,therms. pur-
THE dirt?OF RENTON, .._
abtidi o'r uant
. WASHINGTON, EX-
it to a lease or rental agree-
TENDING THE
MORATORIUM ON THE ment.
CONVERSION OF RE- i SECTION II: From the
NTAL UNITS.TO CON- I effective date of this Ordi-
DOMINIUMSAND Hance for a period of thirty
• Affidavit of Publication PRO-
VIDING FOR PENAL- I(30)days,it shall be unlawful
TIES FOR VIOLATIONS , for any person to convert a
• WHEREAS the Cityl rental unit to a con-
'STATE OF WASHINGTON Council advises that the, dominium,or to sell or offer
COUNTY OF-KING ss. conditions existing as of the for sale any rental unit or
enactment of Ordinance No.1 condominium unit where
3326 as more particularly such rental unit was rented
9.
specified in the "Whereas" as of July SECTION II9L Exception:
clauses of that Ordinance! re The uirements of Section
r1
,�'E3Sc'i �� 031ri being first duly sworn on still exist requiring the exten- q
sion of such a moratorium IIofe this Ordinance shall not
I:i1C.
period during the develop-, apply to (a) condominium
oath,deposes and says thar,.X1,2e is the (}.:«,.CL...0 1.C.rk of ment and adoption of regula units or rental units Which
' THE DAILY RECORD CHRONICLE,a news a erpublished six(6)times a tions governing the conver-; have not been occupied by a
P P tenant since July 2,1979,or
week.That said newspaper is a legal newspaper and it is now and has been sion of rental units to con (b)- rental units where an
for more than six months prior to the date of publication referred to, d o m i n i u m,s, N O W, can show,with clear,
printed and published in the English language continually as a newspaper THEREFOR , cogent owner and show,
with
eai,
published four(4)times a week in Kent,King County,Washington,and it is BE IT ORDAINED BY, cogent that convincing theunitsv
now and during all of said time was printed in an office maintained at the THE CITY COUNCIL OF have been sold orofferedfor
aforesaid place of publication of said newspaper.That the Daily Record THE CITY OF RENTON, sale condominium units
Chronicle has been approved as a legal newspaper by order of the Superior WA S H N G T O N , AS prioraleasJulyo or its
Court of the County-in which it is published,to-wit,King County, FOLLOWS: that to or she 2,p 1979,o July 2,)
SECTION I: Definitions: 1979,incurred significant fi-
The following terms used in
Washington.That the annexed is a o '" this Ordinance shall have nancial obligations with the
.)1 tk3�T`312C B s 3�✓5 the meaning set forth below: intention of meeting such
' (a)condominium Building obligations with the pro-
;,r • ceeds of the sale of the units,
�) means a building in which and the provisions of this
the owner of one or more ; Ordinance will prevent him '
• as it was published in regular issues(and dwelling units is entitled to ! or her from meeting such
the exclusive ownership and
not in supplement form of said newspaper) once each issue for a period possession of his or her unit
obligations; or (3) con-
--
1 and has the common right to dominium units or rental un-
share, with other unit own-• its which are offered for sale
ofcommencing consecutive issues, on the - ers, the common area and and sold to the tenant oc-
cupying such unit on July 2,
facilities,or which'is govern- 1979
1 2....da 6 by)he Horizontal Proper- SECTION IV: Penalty.
yof October 19....7.9,andendingthe ty. Regimes Act •(RCW Comm•ission of the act made
(b)Condominium Conver-
unlawful by Section II of this
I Ordinance shall constitute a
sion means the filing of a violation subject to the provi-
day of ,19 ,both dates declaration of condominium 'sions of Section 204 of the
inclusive, end that such newspaper was regularly distributed to its sub- as provided by the Horizon- Uniform Housing Code(Title
scribers during all of said period. That the full amount of the fee tal Property Regimes Act , 4,Chapter 9 of the Code of
. (RCW 64.32) on a building , General Ordinances;of the
charged for the foregoing publication is the sum of $.8:a.d? Z which which prior to July 2, 1979 City of Renton).Any person
has been paid in full at the rate of per folio of one hundred word for the contained one or more rental convicted thereof may be
first insertion and units.
per folio of one hundred words for each subsequent •,
(c) Condominium Unit ,i force t ere nod by
to exceed Five
a civil fine or
insertion.
shall mean a single unit in a Hundred Dollars:($500;00).
1 Condominium Building. Each•days'violationyenall
'-'-Me}21 -A
(d) Offer for Sale shall
I mean any advertisement,in-
�,,,ducement,solicitation,or at-- constitute a separate
b i•e f•••C!I V i t tempt to encourage any per- I offense.
• son to purchase an indentifi- SECTION V: This Ordi-
r able condominium-unit: 1•nance shall take effect and
Subscribed and sworn to before me this ' 1 3 day of P (e)Owner means the per- be in force and effect upon
son or persons who have I its passage, approval and
title to or a beneficial interest ' five days after its publica-
;at
- :t.o b G.r , 19 7 9 I in any existing building de- 1 tion.
signed or intended to be• ' PASSED BY THE CITY
• , used for human habitation. COUNCIL this 8th day of
(f) Person includes any October, 1979.
Notary Pu i in and for the State of Washi gton, individual,corporation,part- Delores A. Mead,
residing at Kent,King ounty. nership,association,trustee City Clerk
' or other legal entity. I APPROVED BY THE
(g)Rental Unit means any MAYOR this 8th ,day of
-Passed by the Legislature,1955,known as Senate Bill 281,effective June . dwelling unit as defined in October, 1979.
9th, 1955., RCW 59.18.030.,(1) which Barbara Y.Shinpoch,
• has been occupied since I 'Mayor Pro-Tem
-Western Union Telegraph Co: rules for counting words and figures, July 2, 1979, under a rental Approved as to form:
adopted by the newspapers of the State. agreement, express or Lawrence J.Warren,
• 1 implied. City,Attorney
( (h) Sale shall mean the Published in-The- Daily:,
i' acceptance of an offer to Record `Chronicle :October
,' purchase a rental or con- 12,' '1979.'R5838.•' '''`_
dominium unit provided that — I
-
' the sale of an entire building
V.P.C.Form Na.87 Rev.7-79 ' " ' shall not be considered a _ __
--j sale for the purpose of this - - - - -
-- _ -- •-- -- -`t Ordinance. ----- - - - - - --
(I)Tenant means any per-
son occupytv or holdingr�
(3, .
Renton City Council
10/15/79 Page 2
Old Business - Continued - Utilities Committee Report - Continued
Honey Creek and The Utilities Committee report recommended that the city not
Kennydale Trunk sell additional-'revenue bonds for the purpose of constructing
Sewer Lines and the Kennydale and Honey Creek trunk sewer systems and noted con-
Proposed Bonds cern of the committee than an increase in sewer rates would be
required with this financing method. The report stated committee
recommendation that all properties developed within the Honey
Creek and Kennydale trunk line service areas be charged an
area trunk change in the amount of 3t per sq.ft. to provide
the trunkage program; that a special fund be established for
that purpose. The committee also recommended that the system
development charge of It per sq. ft. likewise be put into a
separate fund to finance the Honey Creek and Kennydale trunk
sewer lines. The report further recommended referral to the
Ways and Means Committee for legislation to create said fund
that provision be made for inflation and the systems development
charge and special percentage of 3t per sq. ft. for trunkage
charge be increased annually in accordance with the CPI to offset
the effects of inflation. (Councilman Perry determined possible
conflict of interest and left the Council Chambers and took no
part in any discussion or action.) MOVED BY TRIMM, SECOND
PROCTOR, COUNCIL CONCUR IN RECOMMENDATION.* Councilwoman Shinpoch
inquired regarding signatures on the committee report and was
advised by Councilman Trimm that all three members of the committee
favored the proposal at the committee meeting, however, Councilman,
Shane had not signed the committee report due to absence, other
two members had signed(Proctor and Trimm) . Stredicke inquired and
Public Works Director Gonnason explained any property developed
within usage area would be assessed additional 3t per sq.ft. ,
that It is already being charged; that 3t plus It would be raised
annually; that present users of the Honeycreek pump facility which
is at maximum capacity will not be assessed; that all property as
it develops will be assessed; that Heather Downs area also has
surcharge system. '•MOTION CARRIED and Councilman Stredicke
requested his NO vote be recorded.
ORDINANICES AND RESOLUTIONS
Ways and Means The Ways and Means Committee Chairman Clymer presented report
Committee recommending second and final readings for the condominium
Ordinance #3366 conversion ordinance which had been on first reading 10/8/79.
Condominium City Clerk Mead read the ordinance regulating conversion of
Converslion residential rental units to condominiums or cooperatives;
Regulations providing protections for tenants and purchasers and providing
penalties for violations. MOVED BY CLYMER, SECOND PERRY, ADOPT
THE ORDINANCE AS READ. MOVED BY STREDICKE, SECOND TRIMM,
amend motion to include $200 relocation fee. Councilwoman
Shinpoch spoke against the amendment. ROLL CALL FOR AMENDING
MOTION: 3-AYE: STREDICKE, PROCTOR, TRIMM; 4 -NO: SHINPOCH, PERRY
AND CLYMER; MAYOR DELAURENTI VOTED NO. MOTION FAILED. ROLL CALL
FOR MAIN MOTION TO ADOPT ORDINANCE. ALL AYES. CARRIED.
Wiemann Rezone Ways and Means Committee Chairman Clymer noted Wiemann rezone
ordinance would be held for another week because of heighth
regulations and special conditions imposed by Council .
Resolution 2303 The committee recommended reading and adoption of a resolution
Borrowing Funds borrowing $500,000 from Street Forward Thrust Funds at 6% pending
receipt of tax monies due the city. Following reading , it was
MOVED BY TRIMM, SECOND CLYMER, ADOPT RESOLUTION AS READ. CARRIED.
Bonds Ways and Means Chairman Clymer presented letter from Seattle
LID 284 and 309 Northwest Securities Vice-President Richard Kennedy offering to
purchase Local Improvement District No. 284 and 309 bonds in
amount of $140,782.93. Bonds would be in $5,000 denomination
with 8 1/4% interest payable annually dated 11/1/79, maturing
11/1/91 . The committee recommended concurrence in bond offer.
MOVED BY TRIMM , SECOND PERRY, CONCUR IN RECOMMENDATION. CARRIED.
CLYMER MOVED, SECONDED BY TRIMM, COUNCIL AUTHORIZE THE MAYOR AND
CITY CLERK TO SIGN AGREEMENT. CARRIED.
RENTON CITY COUNCIL
Regular Meeting
October 15 , 1979 Municipal Building
Monday , 8 : 00 P . M. Council Chambers
M I N' U T E S
CALL TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance to the
flag and called the meeting to order.
ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE,
COUNCIL MARGARET PROCTOR, GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM.
MOVED BY SHINPOCH, SECOND TRIMM, EXCUSE ABSENT COUNCILMAN CHARLES
F. SHANE. CARRIED.
CITY OFFICIALS C.J. DELAURENTI , Mayor; LAWRENCE WARREN, City Attorney; DEL MEAD,
IN ATTENDANCE City Clerk; GWEN MARSHALL, Finance Director; HUGH DARBY, Police
Chief; WARREN GONNASON, Public Works Director; GORDON ERICKSEN,
Planning Director; JOHN WEBLEY, Parks and Recreation Director;
RICHARD GEISSLER, Fire Chief; MICHAEL PARNESS, Administrative
Assistant.
PRESS GREG ANDERSON, Renton Daily Record Chronicle
MINUTE APPROVAL MOVED BY SHINPOCH , SECOND PROCTOR, APPROVE MINUTES OF OCTOBER 8,
1979 AS WRITTEN. CARRIED.
OLD BUSINESS
Committee of the Council President Shinpoch presented Committee of the Whole report
Whole Report for informational purposes, no action having been taken at the
Fire Service 10/11/79 meeting. Fire services for the Southeast quadrant of
SE Quadrant of the city were discussed and Chief Geissler explained continu-
of City ing talk with Fire District #40, that there is no room for
Renton fire equipment in the District 40 facility. Material is
to be made available at the budget hearings regarding lease vs.
purchase of land. Also discussed was letter from Mayor of
Sister City San Narciso, The Phillipines to Mrs. Connie Tajon re establish-
ing "sister city. The Administration was asked to obtain the
details of sponsoring agency, as no city expense can be involved.
Planning and Planning and Development Committee Chairman Perry requested
Development delay in presentation of report due to letter received from
Committee Dobson, Houser and Dobson, Attorney for Clinton Betz re appeal
Betz Rezone Appeal of Hearing Examiner's decision Rezone 400-79. Attorney requested
Extended matter be extended to agenda of 10/22/79 as he could not be
present due to illness. Request granted.
Utilities Utilities Committee Chairman Trimm presented committee report
Committee that recommended acceptance of the low bid for water project #456
Watermain Meadow Ave. N. watermain, submitted by DiOrio Construction Co.
Meadow Ave. N. in the amount of $345,524.05. The report concurred in the
Contract Award recommendation of the Public Works Department for acceptance of
the low bid and award of contract and also recommended the Mayor
and City Clerk be authorized to execute the contracts. MOVED BY
TRIMM, SECOND SHINPOCH, ADOPT COMMITTEE REPORT AND ACCEPT THE
LOW BID OF DI ORIO CONSTRUCTION CO.* Upon inquiry by Councilman
Stredicke, Public Works Director Gonnason explained route of the
watermain from easterly side of FAI 405 across to Meadow Ave. N. ,
N. 30th to N. 40th and ties into LID serving Pan Abode and the
May Creek area; no change to cross streets. (Seeauestion Pq. 4)
*MOTION CARRIED.
Renton Hill The Utilities Committee report explained request for installation
Water System of water system improvements in the Renton Hill area to provide
Improvements fire flows sufficient for multiple residential developments on
Mill Ave. S. and the city to provide financing. The Utilities
Committee recommended that the program not be financed' by the
city but that the developers explore the possibilities of
creating an LID for the desired system improvements. MOVED BY
TRIMM, SECOND CLYMER, CONCUR IN RECOMMENDATION OF COMMITTEE.
CARRIED.
OF RA,
�,� ® o THE CITY OF RENTON
MUNICIPAL BUI LDING 200 MILL AVE. SO. RENTON,WASH. 98055
n- eel rn CHARLES J. DELAURENTI , MAYOR • DELORES A. MEAD
D90 co, CITY CLERK
0
9 1,FD P
Octobcr 17, I J79
Apar 7sMion Qv Operators i.S thaws of
Seattle Ran(1 King Comity
61C 4n Ave.
V 4i
Seattle, Wa. *AID
RE: Condo Uonvu si on Ordinance
Dear Sir,
The Renton City Council, during its regular
meeting on Monday, October 16, 19.79
has adopted ddt anc Rio, 3365
A copy is enclosed for your information.
• Yours very truly,
CITY OF RENTON
Delores A. Mead, C.M. C.
City Clerk
DAM:4eb db
Enclosure 1
Aft
OF R.4,
�40 - o THE CITY OF RENTON
U �/ 0 'Z
MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH'. 98055
nNAL
ION=1 o CHARLES J. DELAURENTI MAYQR • DELORES A. MEAD
090 Qo• CITY CLERK
0,9q��D SEPTE
•
•
.E..N.I
21; Park Ave.
kenton, iJ . :Juar'65
RE: Condo Conversion Or'din nc.
Dear Sir,
The Renton City Council, during its regular
meeting on Monday, tuber 3L, 1979
has adopted Ordiyanr: ;;o o 3366.
A copy is enclosed for your information.
Yours very truly,
CITY OF RENTON
Delores A. Mead, C.M. C.
City Clerk
DAM:leW alb
Enclosure 1
•
CITY OF RENTON, WASHINGTON •
•
ORDINANCE NO. 3366
AN ORDINANCE, relating to housing and
regulating the conversion of residential
rental, units to condominiums or coop-
eratives; providing,protections for tenants
and purchasers in converted buildings;
adopting measures to mitigate the adverse
effects of conversion displacement; and
providing penalties for violations.
WHEREAS, the vacancy rate for rental units in the City is between one and
two percent and has been steadily declining and projections indicate no increase in the
rental vacancy rate in the foreseeable future; and
WHEREAS, an increasing percentage of residential rental units are being
converted into condominiums and this conversion process is reducing the number of
rental units in the city thereby worsening an already critical rental housing shortage;
and
WHEREAS, tenants displaced by condominium conversions, frequently on short . .
notice, and sometimes immediately after commencement of the tenancy, have been
unable to find comparable housing and are increasingly unable to find any decent, safe,
and sanitary rental housing; and
WHEREAS, conversions are imposing severe hardships upon all displaced tenants;
and • • .
WHEREAS,prospective purchasers of condominiums are often without knowledge
of the unique concepts of ownership involved or of the obligations they incur in
purchasing a condominium; and
WHEREAS, in view of the increased danger of loss to the homeowner due to
fire as the result of the occupancy of the building by other owners; and
WHEREAS,condominium sellers frequently do not provide prospective purchasers
sufficient information about the nature of condominium ownership generally, or about
specific building conditions and operation costs to enable purchasers to make informed
decisions; Now, Therefor,
THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS:
•
Section 1. Title: This ordinance may be cited as the "Condominium Conversion
Ordinance".
Section 2. Definitions: The following words and phrases used in this Ordinance •
shall have the meanings set forth below:
(1) Acceptance of Offer of Sale: A written commitment for the purchase
of a condominium unit or interest in a cooperative at a specific price and,on specific
terms:
•
(2) Agent: Any person, firm, partnership, association, joint venture, corpora-
tion or any other entity or combination of entities who represents or acts for or on
behalf of a developer in selling or offering to sell any condominium or cooperative
unit or interest in a cooperative. , •
-1-
•
(3) Building: Any existing structure containing one or more dwelling units
and any grouping of such structures which were operated as rental units as converted
buildings are the subject of a single declaration or simultaneous declarations filed '
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32).
(4) Condominium: Any existing structure containing three or more dwelling
units as defined in the Housing Code: a) which is the subject of a declaration filed
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which
there is private ownership of individual units and common ownership of common areas.
(5) Condominium Unit: Any dwelling unit in a condominium.
(6) Cooperative: Any existing structure, including surrounding land and
improvements, which contains one or more dwelling units and which: a) is owned by
an association organized pursuant to the Cooperative Association Act (RCW Chapter
23.86); or b) is owned by an association with resident shareholder who are granted
renewable leasehold interests in housing units in the building.
(7) Cooperative Unit: Any dwelling unit in a cooperative.
(8) Conversion of Condominiums: The filing of a declaration pursuant to
the Horizontal Property Regimes Act or the sale by a developer of condominium units
that were previously rental units.
,(9) Conversion of Cooperatives: The execution of a lease agreement by a
member of a cooperative association. •
(10) Converted Building: Any condominium or cooperative which formerly •
contained rental,dwelling units.
(11) Developer: Any person, firm, partnership association, joint venture or
corporation or any other entity or combination of entities or successors thereto who,
a) undertakes to convert, sell, or offer for sale condominium units; or b) undertakes
to convert rental units to cooperative units or sell cooperative shares in an existing
building which contains housing units or lease units, to a cooperative association's
shareholders. The term developer shall include the developer's agent and any other
person acting on behalf of the developer.
(12) Eviction: Any effort by a developer to remove a tenant from the
premises or terminate a tenancy by lawful or unlawful means.
(13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter
9, Code'of General Ordinances of the City of Renton, as amended.
(14) Offer of Sale to Tenant: A written offer to sell a condominium or
cooprative unit to the tenant in possession of that unit at a specific price and on
specific terms.
(15) Offer for Sale to Public: Any advertisement, inducement, solicitation,
or attempt by a developer to encourage any person other than a tenant to purchase
a'condominium or cooperative unit.
(16) Owner's Association: The association formed by owners of units in a
condominium or cooperative for the purpose of managing the condominium or coop-
erative. '
(17) Person: Any individual, corporation, partnership, association, trustee or
other legal entity.
-2-
(18) Rental Unit: Any dwelling unit, other than a detached single family •
residential dwelling, which is occupied pursuant to a lawful rental agreement, oral.or
written, express or implied, which was not owned as a condominium unit or cooperative
unit on the effective date of this Ordinance. A dwelling unit in a converted building
for which there has been no acceptance of an offer of sale on the effective date of
this Ordinance shall be considered a rental unit.
(19) Subtenant: A person in possession of a rental unit through the tenant
with the knowledge and consent, express or implied, of the owner.
(20) Tenant: Any person who occupies or has a leasehold interest in a rental
unit under a lawful rental agreement whether oral or written, express or implied.
Section 3. Application of Ordinance:
(1) 'Application to Conversion of Condominiums and Cooperatives: This
Ordinance shall apply only to the conversion and sale of rental units that have not
yet been converted to condominium or cooperative units, and to those units in converted .
buildings that are not subject to a binding purchase commitment or have not been sold
on the effective date of this Ordinance. This Ordinance shall not apply to condominium
or cooperative units that are vacant on •October24.__ . , 1979 and which have been
offered for sale prior to that date; Provided;That any tenant who takes possession of
the unit after October 24 , 1979 shall be provided the disclosures required by
Section 4 of this Ordinance and shall be entitled to the benefits of that section if the
required disclosures are not given.
(2) Application to Tenants: This Ordinance shall apply only to, those tenants
and subtenants who occupy rental units in converted buildings at the time the notices,
offers, and disclosures provided by this Ordinance are required to be delivered. This
ordinance shall not apply to tenants who take possession of a unit vacated by a tenant
who has received the notices and other benefits provided by this Ordinance; Provided,
that developers shall disclose in writing to all tenants who take possession after service
of the notice required by Section 4 of this Ordinance, that the unit has been sold or _.
will be offered for sale as a condominium or cooperative. This disclosure shall be
made prior to the execution of any written rental agreement or prior to the tenant's
taking possession, whichever occurs earlier. A developer's failure to disclose, within
the time specified above, that •the unit has been sold or offered for sale shall entitle •
the tenant to all the protections and benefits of this Ordinance.
Section 4. Tenant Protections: •
(1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7)
days of the filing of a condominium conversion declaration as provided by the Horizontal
Property Regimes Act (RCW Chapter 64.32) the developer shall:
(a) Send to each tenant in the converted building, by registered or
certified mail, return receipt requested, written notice of the filing. A tenant's refusal
to accept delivery shall be deemed adequate service.
(b) File notice of the filing of such declaration with the City Clerk,
giving the date of filing, file or recording number, office where filed, location and
address•of the structure and number of dwelling units contained within the structure,
and the name, address and phone numbers of the owner(s), managers and persons
responsible for the management of the structure.
(2). Notice to all Tenants Prior to Offering any Unit for Sale to the Public
as a Condominium or Cooperative Unit: At least 120 'days prior to offering any rental
unit or units for sale to the public as a condominium unit or cooperative unit, the
-3-
developer shall deliver to each tenant in the building written notice of his intention •
to sell the unit or units. The notice shall specify the individual units to be sold and
the sale price of each unit. This notice shall be in addition to and not in lieu of the
notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided
in Section 4(1)(a) of this Ordinance.. With the notice the developer shall also deliver
to the tenant a statement, in a format to be provided by the Building Department,
of the tenant's rights under this ordinance.
(3) Purchase Rights of Tenant in Possession: With the notice provided in
Section 4 above; the developer shall deliver to each tenant whose unit is to be offered
for sale, a firm offer of sale of the unit that the tenant occupies. In the event that
more than one tenant occupies a single unit, the developer shall deliver the offer to
all tenants jointly or separately. For 120 days from the date of delivery of the offer •
the tenant shall have the exclusive right to purchase his or her unit on the terms
offered. •
(4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to
Effective Date of Ordinance: Tenants of rental units which were offered for sale as
condominium or cooperative units prior to the effective date of this Ordinance but
for which offers there have been no acceptances, shall be entitled to the rights and
benefits of this Ordinance except that those rights provided by Section 4(6) of this . --
Ordinance shall terminate 60 days from the offer of sale of the unit to the tenant.
(5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale,
the subtenant in possession at the time the notice provided in Section 4 is delivered,
shall be offered the unit on the same terms as those offered the tenant. For 30 days
following that offer or until the expiration of the tenants' 120 day option period as
provided in Section 4, whichever occurs later, the subtenant shall have the exclusive
right to purchase the unit on the terms offered to the tenant.
(6) Rights of Tenants in Converted Buildings to Purchase Other Units in the
Buildin s: Should both the tenant and subtenant reject the offer or sale or fail to
noti y of acceptance of the offer within the time periods set forth in Sections 4(3)
and 4(5) or vacate, the unit shall be made available for purchase to other tenants and
subtenants in the building. The right to purchase another unit in the building by
tenants and subtenants shall extend to the end of the 1.20 day notice period provided
the tenant in possession of that unit under Section 4(3). Whenever all tenants and
subtenants in a building have indicated in writing their intention not to purchase a
unit or the 120 day notice period has expired and that unit is or becomes vacant then
the developer may offer for sale and sell the unit to the public.
(7) No Subsequent Sale on Better Terms: For a period of one year following
the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer shall be extended
by the developer on terms more favorable in any respect than the offer previously
extended to the tenant and/or subtenant unless the more favorable offer is first
extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for
a period of not less than 30 days.
(8), Evictions Only for Good Cause During Notice Period: No condominium,
or cooperative unit shall be sold or offered for public sale if, in the 120 day period
immediately preceding the sale or offer for public sale, any tenant has been evicted
without.good cause. For the purposes of this Ordinance good cause shall mean: 1)
failure to pay 'rent after service of a three day notice to pay rent or vacate as
. provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the tenancy
after service of a ten day notice to comply.or vacate as provided in RCW 59.12.030(4);
and 3) the commission or permission of a waste or the maintenance of a nuisance on
the premises and failure to vacate after service of a three day notice as provided in
RCW 59.12.030(5).
(9) Tenant's Right to Vacate: Tenants who receive 120 day notices of sale
may terminate.their tenancies at any time during such period in the manner provided
by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit.
-4-
Section 5. . Consumer Protections:
(1) . Mandatory Housing Code. Inspection and Repair; Notice to Buyers and
Tenants: Prior to delivery of the 120 day notice described in paragraph 4(2) above,
developers shall, at their expense, request an inspection of.the entire building by the
Building Department for compliance with the Housing and Fire Code. The inspection
shall be completed within 45 days of a developer's request unless the developer fails.
to provide or refuses access to Building and/or Fire Department personnal. The—
developer.shall be required to install an approved fire alarm and smoke detector system
in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances
of the City of Renton. The installation of the fire alarm system and all violations
of the Housing Code revealed by the inspection must be completed and corrected at
least 7 days prior to the closing of the sale of the first unit or by the compliance •
date on the inspection report,whichever is sooner. A follow-up inspection for compliance
shall be completed within 7 days of a developer's request. A copy of the building
inspection report and certification of repairs shall be provided by the developer to
each prospective purchaser at least 3 days before the signing of any earnest money
agreement•or other binding purchase commitment. Copies of the inspection report
shall be delivered to tenants in the converted building by the developer with the notice
of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit
and $15.00 per unit thereafter shall be paid by the developer whenever an inspection
is requested, as required herein.
(2) Certification of Repairs: For'the protection of the general public, the
Building Department shall inspect the repairs of defective conditions identified in the
inspection report and certify that the violations have been corrected. The certification
shall state that only those defects discovered-by the Housing Code inspection and listed
on the inspection report, have been corrected and that the certification does not
guarantee that all Housing Code violations have been corrected. Prior to the acceptance
of any offer, the developer shall deliver a copy of the certificate to the purchaser.
No developer, however, shall use the Building Officials certification in any advertising
for the purpose of inducing a person to purchase a condominium or cooperative unit.
(3) Disclosure Requirements: . In addition to the disclosures required by
previous sections of this Ordinance, the developer shall make available at a place on
the premises convenient to the tenants during normal working hours the following
information to prospective purchasers at least 3 days before any purchase commitment
is signed, or, in the case of existing tenants, with the 120 day notice provided in
paragraph 4(2) above: 1) copies of all documents filed with any governmental agency
pursuant to the Horizontal Property Regimes Act(Chapter 64.32 RCW); 2) an itemization
of the specific repairs and improvements made to the entire building during the six
months immediately preceeding the offer for sale; 3) an itemization of the repairs and
improvements to be'completed before close of sale; 4) a statement of the services
and expenses which are being paid for by the developer but which will in the future
be terminated, or transferred to the purchaser, or transferred to the owners' association;
5) an accurate estimate of the useful life of the building's major components and
mechanical systems (foundation, exterior walls, exterior wall coverings other than.paint
or similar protective coating, exterior stairs, floors and floor supports, carpeting in
common areas, roof cover, chimneys, plumbing system, heating system, water heating
appliances, mechanical ventilation system, and elevator •equipment) and an estimate of
the cost of repairing any component whose useful life will terminate in less than five
years from the date of this disclosure. For each system and component whose expected
life cannot be accurately estimated, the developer shall provide a detailed description
of its present condition and an explanation of why no estimate is possible. In addition,
the developer shall provide an itemized statement in budget form'of the monthly costs
of owning the unit that the purchaser intends to buy. The itemization shall include
but shall not be limited to: a) payments on purchase loan; b) taxes;'c) insurance; d)
utilities(which. shall be listed individually); e)homeowner's assessments; f) the projected
monthly assessment needed for replacing building components and systems whose life
expectancy is less than five years; and g) a statement of the budget assumptions
concerning, occupancy and inflation factors.
-5-
(4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant
for one year from the date of completion all improvements and repairs disclosed
pursuant to Section'5(3) of this Ordinance. '
•
(5) Unlawful Representations: It shall be unlawful for any developer, agent,
or person to make or cause to be made, in any disclosure or other document required
by this Ordinance, any statement or representation that is knowingly false or misleading: '
It shall also be unlawful for any developer, agent, or other person to make, or cause
to be made, to any prospective purchaser, including a tenant, any oral representation
which differs from the statements made in the disclosures and other documents required
to be provided tenants and purchasers by this Ordinance.
(6) Purchaser's Right to Rescind: Any purchaser who does not receive the
notices, disclosures, and documents required by this.Ordinance may, at any time prior
to closing of the sale, rescind, in writing, any binding purchase agreement without any
liability on the purchaser's part and the purchaser shall thereupon be entitled to the
return of any deposits made on account of the agreement.
(7) Delivery of Notice and Other Documents: Unless otherwise provided,
all notices, contracts, disclosures, documents and other writings required by this ---
Ordinance shall be delivered by registered or certified mail, return receipt requested.
The refusal of registered or certified mail by the,addressee shall be considered adequate
delivery. All documents shall be delivered to tenants at the address specified on the
lease or rental agreement between the tenant and the developer or landlord. If there
is no written lease, or rental agreement then documents shall be delivered to the
tenants' address at the converted building or the last known address of the tenant, if
other than the address at the converted building. In any sublet unit all documents shall
be delivered to the tenant at his current address, if known, and to the subtenant in
possession. If the tenant's current address is unknown, then two copies of all documents
shall be delivered to the subtenant, one addressed to the tenant and the other addressed
to the subtenant. Delivery of the 120 day notice of intention to sell required by
Section 4(2)'of the Ordinance, the developer's offer to sell, and all disclosure documents
shall be' delivered to the tenants in a converted building at a meeting between the
developer and the tenants. The meeting shall be arranged by the developer at a time
and place convenient to the tenants. At the meeting the developer shall discuss with
the tenants the effect that the conversion will have upon the tenants. Should any
tenant refuse to acknowledge acceptance of the notice, offer and disclosures the
developer shall deliver the documents in the manner prescribed in this paragraph.
(8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of
offers provided pursuant to this Ordinance, shall be in writing and 'delivered to the
developer by registered or certified mail, return receipt requested, postmarked on or
before the expiration date of the offer.
Section 6. Administration - Penalties - Severability:
(1) Administration: The Building Department is charged with the admin-
istration and enforcement of this Ordinance and is authorized and directed to adopt,
promulgate, amend and rescind administrative rules consistent with the provisions of
this Ordinance and necessary to carry out the duties of the Building Official hereunder.
(2) ' Complaints: Any person subjected to any unlawful practice as set forth
in this Ordinance may file a complaint in writing with the Building Department. The
Building Department is hereby authorized and directed to receive complaints and conduct
such investigations as are deemed necessary. Whenever it is determined that there
has been a violation of this Ordinance the Building Department is authorized, at its
discretion, to follow one or more of the following procedures:
(a) Attempt to conciliate the matter by conference or otherwise and
secure a written conciliation agreement. '
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(b) Refer the matter to the City,,Attorney for appropriate civil
remedies or criminal prosecution.
(3) Hardship Relief - Waiver: The City Council is authorized to waive strict
compliance with this Ordinance in specific individual instances where the developer
can show with clear, cogent and convincing evidence that: 1) the financial burden
required to comply would greatly outweigh the benefits and would create an unreasonable
hardship upon the developer; or 2) the units have been offered for sale as condominium
units prior to the effective date of this Ordinance and the developer has incurred
significant financial obligations with the intention of meeting such obligations with the
proceeds of the sale of such units, and the provisions of this Ordinance will prevent
meeting such obligation.
(4) Penalties: Any person who violates any provision of this Ordinance, fails •
to comply with the provisions of this Ordinance or who deliberately attempts to avoid
the application of this Ordinance may, upon conviction thereof, be punished by a fine
not exceeding $500. Each day's violation shall constitute a separate offense.
(5), Severability: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
an independent provision and such decision shall not affect the validity of the remaining
portions thereof.
(6) Effective Date: This Ordinance shall take effect and be in force five
(5) days after the date of its publication in the manner provided by law.
PASSED BY THE CITY COUNCIL this 15th day of October , 1979
g4A. MeaC( l
Jerk
APPROVED BY THE MAYOR this 15thday of October ,)]1979
7.;
„it), /•
Charles J. aurenti, Mayor
Approved as to form:
Lawrence J. Warr , City Attorney
Date of Publication: October 19, 1979
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9/27
Billie:
Mr. Robert McRae phoned to advise that
notices of meetings pertaining to the
Condo Conversion Ordinance are being
sent to the former owner of the Roxy
Theatre and Apartments and he wishes
them sent to him at:
P. 0. Box 12
Redmond, WA-. 98052
hh
cc: City Clerk
.►. .6:h� J THE:. CITY ,OF. RENTON
zt ? MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH..98055
S ~h t :Qf ' 'CHARLES:J: DELAURENTL MAYOR ' • DELORES A. MEAD
�'o� CITY CLERK
4'E SEPj'GO' ;
- ,August. 15 1979
•
Apartment ,Operators..&° Owners • -
:.:•,.:!,,..-•;‘,7-,,,
of• Seattle.:&:`.King. County'
616 4th'.Ave W _
Seattle, WA 9$,119 '
RE; : .ORDINANCE, RELATING:TO,-,HOUSING: AND REGULATING THE CONVERSION • '
OP RESIDENTIAL RENTAL,,UN'ITS To CONDOMINIUMS OR COOPERATIVES• -.:
Dear Sirs . `°° ,
We would like to request at this time:.that our Notice of Public 'Hearing -
information..be Included :in" your brbch`u'res or monthly, news ;b•u'lletins. -
as enclosed; :for information of._:affected parties:, : `
Thank you for your courtesies in;�this•.matter. , .
' Yours .very truly,
CITY 'OF RENTON/� ' .
•
,/2Llo-f_is) t. 74:z - : -
: „ : Delores A. Mead, .C.M.C. -
•
. r • . . ., ,City Clerk:.
DAM/sb , "
= enclosures.
•
.0 ;� � C
;
•
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: s 'l.
RENTON CITY COUNCIL 1.
CONTINUED
ON AUGUST 27, 1979 AT 8:00 P.M.
(CONTINUED FRONT AUGUST 13, 1979)
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
200 MILL AVENUE SOUTH
ItttrTRKONVEKSroNeoF RESIDENTIALiPATALPUNITS°TO CONDOMINIUMS,ORE COOPERATIVES; PROVIDING ULAT-
PROTECTIONS FOR.TENANTS AND PURCHASERS IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS,
GENERAL LOCATION OF SUBJECT PROPERTY:
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
Date of Publication: 8/17/79
(Complete legal description &further information available in the City Clerk's Office - 235-2500)
. gng
the removal, mutilation, destruction
• or.concealment of this notice is.a mis-
w a r n u . demeanor punishable . by fine and •
imprisonment.
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE, relating to housing and
regulating the conversion of residential
rental units to condominiums or coop-
eratives; providing protections for tenants
and purchasers in converted buildings;
adopting measures to mitigate the adverse
effects of conversion displacement; and
providing penalties for violations.
WHEREAS, the vacancy rate for rental units in the City is between one and
two percent and has been steadily declining and projections indicate no increase in the
rental vacancy rate in the foreseeable future; and
WHEREAS, an increasing percentage of residential rental units are being
converted into condominiums and this conversion process is reducing the number of
rental units in the city thereby worsening an already critical rental housing shortage;
and
WHEREAS, tenants displaced by condominium conversions, frequently on short
notice, and sometimes immediately after commencement of the tenancy, have been
unable to find comparable housing and are increasingly unable to find any decent, safe,
and sanitary rental housing; and
WHEREAS, conversions are imposing severe hardships upon all displaced tenants;
and
WHEREAS,prospective purchasers of condominiums are often without knowledge
the unique concepts of ownership involved or of the obligations they incur in
purchasing a condominium; and
WHEREAS, in view of the increased danger of loss to the homeowner due to
fins' as the result of the occupancy of the building by other owners; and
WHEREAS,condominium sellers frequently do not provide prospective purchasers
sufficient information about the nature of condominium ownership generally, or about
snocific building conditions and operation costs to enable purchasers to make informed
decisions; Now, Therefor,
THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS:
Section 1. Title: This ordinance may be cited as the "Condominium Conversion
Ordinance".
See 2. Definitions: The following words and phrases used in this Ordinance
shall have the meanings set forth below: -
(1) Acceptance of Offer of Sale: A written commitment for the purchase
of a condominium unit or interest in a cooperative at a specific price and on specific
terms.
(2) Agent: Any person, firm, partnership, association, joint venture, corpora-
tion or any other entity or combination of entities who represents or acts for or on
behalf of a developer in selling or offering to sell any condominium or cooperative
unit or interest in a cooperative.
•
(3) Building: Any existing structure containing one or more dwelling units
and any grouping of such structures which were operated as rental units as converted
buildings are the subject of a single declaration or simultaneous declarations filed
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32).
(4) Condominium: Any existing structure containing three or more dwelling
units as defined in the Housing Code: a) which is the subject of a declaration filed
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which
there is private ownership of individual units and common ownership of common areas.
(5) Condominium Unit: Any dwelling unit in a condominium.
(6) Cooperative: Any existing structure, including surrounding land and
improvements, which contains one or more dwelling units and which: a) is owned by
an association organized pursuant to the Cooperative Association Act (RCW Chapter
23.86); or b) is owned by an association with resident shareholder who are granted
renewable leasehold interests in housing units in the building.
(7) Cooperative Unit: Any dwelling unit in a cooperative.
(8) Conversion of Condominiums: The filing of a declaration pursuant to
the Horizontal Property Regimes Act or the sale by a developer of condominium units
that were previously rental units.
(9) Conversion of Cooperatives: The execution of a lease agreement by a
member of a cooperative association.
(10) Converted Building: Any condominium or cooperative which formerly
contained rental dwelling units.
(11) Developer: Any person, firm, partnership association, joint venture or
corporation or any other entity or combination of entities or successors thereto who,
a) undertakes to convert, sell, or offer for sale condominium units; or b) undertakes
to convert rental units to cooperative units or sell cooperative shares in an existing
building which contains housing units or lease units, to a cooperative association's
shareholders. The term developer shall include the developer's agent and any other
person acting on behalf of the developer.
(12) Eviction: Any effort by a developer to remove a tenant from the
premises or terming e a tenancy by lawful or unlawful means.
(13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter
9, Code of General Ordinances of the City of Renton, as amended.
(14) Offer of Sale to Tenant: A written offer to sell a condominium or
cooprative• unit to the tenant in possession of that unit at a specific price and on
specific terms.
(15) Offer for Sale to Public: Any advertisement, inducement, solicitation,
or attempt by a developer to encourage any person other than a tenant to purchase
a condominium or cooperative unit.
(16) Owner's Association: The association formed by owners of units in a
condominium or cooperative for the purpose of managing the condominium or coop-
erative.
(17) Person: Any individual, corporation, partnership, association, trustee or
other legal enfty.—
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(18) Rental Unit: Any dwelling,unit, other than a detached single family
residential dwelling, which is occupied pursuant to a lawful rental agreement, oral or
written, express or implied, which was not owned as a condominium unit or cooperative
unit on the effective date of this Ordinance. A dwelling unit in a converted building
for which there has been no acceptance of an offer of sale on the effective date of
this Ordinance shall be considered a rental unit.
(19) Subtenant: A person in possession of a rental unit through the tenant
with the knowledge and consent, express or implied, of the owner.
(20) Tenant: Any person who occupies or has a leasehold interest in a rental
unit under a aw rental agreement whether oral or written, express or implied.
Section 3. Application of Ordinance:
(1) Application to Conversion of Condominiums and Cooperatives: This
Ordinance shall apply only to the conversion and sale of rental units that have not
yet been converted to condominium or cooperative units, and to those units in converted
buildings that are not subject to a binding purchase commitment or have not been sold
on the effective date of this Ordinance. This Ordinance shall not apply to condominium
or cooperative units that are vacant on , 1979 and which have been
offered for sale prior to that date; Provided, That any tenant who takes possession of
the unit after , 1979 shall be provided the disclosures required by
Section 4 of this Ordinance and shall be entitled to the benefits of that section if the
required disclosures are not given.
(2) Application to Tenants: This Ordinance shall apply only to those tenants
and subtenants who occupy rental units in converted buildings at the time the notices,
offers, and disclosures provided by this Ordinance are required to be delivered. This
ordinance shall not apply to tenants who take possession of a unit vacated by a tenant
who has received the notices and other benefits provided by this Ordinance; Provided,
that developers shall disclose in writing to all tenants who take possession after service
of the notice required by Section 4 of this Ordinance, that the unit has been sold or
will be offered for sale as a condominium or cooperative. This disclosure shall be
made prior to the execution of any written rental agreement or prior to the tenant's
taking possession, whichever occurs earlier. A developer's failure to disclose, within
the time specified above, that the unit has been sold or offered for sale shall entitle
the tenant to all the protections and benefits of this Ordinance.
Section 4. Tenant Protections:
(1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7)
days of the filing of a condominium conversion declaration as provided by the Horizontal
Property Regimes Act (RCW Chapter 64.32) the developer shall:
(a) Send to each tenant in the converted building, by registered or
certified mail, return receipt requested, written notice of the filing. A tenant's refusal
to accept delivery shall be deemed adequate service.
(b) File notice of the filing of such declaration with the City Clerk,
giving the date of filing, file or recording' number, office where filed, location and
address of the structure and number of dwelling units contained within the structure,
and the name, address and phone numbers of the owner(s), managers and persons
responsible for the management' of the structure.
(2) Notice to all Tenants Prior to Offerilifs any Unit for Sale to the Public
as a Condominium or Cooperative Unit: At least days prior to offering any rental
unit or units for sale to the public as a condominum unit or cooperative unit, the
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developer shall deliver to each tenant in the building written notice of his intention
to sell the unit or units. The notice shall specify the individual units to be sold and
the sale price of each unit. This notice shall be in addition to and not in lieu of the
notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided
in Section 4(1Xa) of this Ordinance. With the notice the developer shall also deliver
to the tenant a statement, in a format to be provided by the Building Department,
of the tenant's rights under this ordinance.
(3) Purchase Rights of Tenant in Possession: With the notice provided in
Section 4 above, the developer shall deliver to each tenant whose unit is to be offered
for sale, a firm offer of sale of the unit that the tenant occupies. In the event that
more than one tenant occupies a single unit, the developer shall deliver the offer to
all tenants jointly or separately. For days from the date of delivery of the offer
the tenant shall have the exclusive r g1 t to purchase his or her unit on the terms
offered.
(4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to
Effective Date of Ordinance: Tenants of rental units w1 ch were offered for sale as
condominium or cooperative units prior to the effective date of this.Ordinance but
for which offers there have been no acceptances, shall be entitled to the rights and
benefits of this Ordinance except that those rights provided by Section 4(6) of this
Ordinance shall terminate days from the offer of sale of the unit to the tenant.
(5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale,
the subtenant in possession at the time the notice provided in Section 4 is delivered,
shall be offered the unit on the same terms as those offered the tenant. For
days following that offer or until the expiration of the tenants' day option period
as provided in Section 4, whichever occurs later, the subtenant agar have the exclusive
right to purchase the unit on the terms offered to the tenant.
(6) Rights of Tenants in Converted Buildingsto Purchase Other Units in the
Buildings: Should both the tenant and subtenant rect the offer or sale or, fail to
notify of acceptance of the offer within the time periods set forth in Sections 4(3)
and 4(5) or vacate, the unit shall be made available for purchase to other tenants and
subtenants in the building. The right to purchase another unit in the building by
tenants and subtenants shall extend to the end of the day notice period provided
the tenant in possession of that unit under Section 4(3r Whenever all tenants and
subtenants in a building have indicated in writing their intention not to purchase a
unit or the day notice period has expired and that unit is or becomes vacant then
the developer may offer for sale and sell the unit to the public.
(7) No Subsequent Sale on Better Terms: For a period of days following
the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer sTiall be extended
by the developer on terms more favorable in any respect than the offer previously
extended to the tenant and/or subtenant unless the more favorable offer is first
extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for
a period of not less than days.
(8) Evictions Only for Good Cause During Notice Period: No condominium
or cooperative unit shall be sold or offered for public sale if, in the day period
immediately preceding the sale or offer for public sale, any tenant her been evicted
without good cause. For the purposes of this Ordinance good cause shall mean: 1)
failure to pay rent after service of a three day notice to pay rent or vacate as
provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the tenancy
after service of a ten day notice to comply or vacate as provided in RCW 59.12.030(4);
and 3) the commission or permission of a waste or the maintenance of a nuisance on
the premises and failure to vacate after service of a three day notice as provided in
RCW 59.12.030(5).
(9) Tenant's Right to Vacate: Tenants who receive day notices of sale
may terminate their tenancies at any time during such period :n the manner provided
by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit.
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Section 5. Consumer
Protect ons:
(1) Mandatory Housing Code Inspection and Repair) Notice to Buyers and
Tenants: Prior to delivery of the day notice described in paragraph 4(2) above,
developers shall, at their expense, request an inspection of the entire building by the
Building Department for compliance with the Housing and Fire Code. The inspection
shall be completed within days of a developer's request unless the developer fails
to provide or refuses access to Building and/or Fire Department personnel. The
developer shall,be required to install an approved fire alarm and smoke detector system
in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances
of the City of Renton. The installation of the fire alarm system and all violations
of the Housing Code revealed by the inspection must be completed and corrected at
least days prior to the closing of the sale of the first unit or by the compliance
date on Lhe inspection report, whichever is sooner. A follow-up inspection for compliance
shall be completed within days of a developer's request. A copy of the building
inspection report and certifTation of repairs shall be provided by the developer to
each prospective purchaser at least days before the signing of any earnest money
agreement or other binding purchase commitment. Copies of the inspection report
shall be delivered to tenants in the converted building by the developer with the notice
of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit
and $15.00 per unit thereafter shall be paid by the developer whenever an inspection
is requested as required herein.
(2) Certification of Repairs: For the protection of the general public, the
Building Department shall inspect the repairs of defective conditions identified in the
inspection report and certify that the violations have been corrected. The certification
shall state that only those defects discovered by the Housing Code inspection and listed
on the inspection report have been corrected and that the certification does not
guarantee that all Housing Code violations have been corrected. Prior to the acceptance
of any offer, the developer shall deliver a copy of the certificate to the purchaser.
No developer, however, shall use the Building Officials certification in any advertising
for the purpose of inducing a person to purchase a condominium or cooperative unit.
(3) Disclosure Re9uirements: In addition to the disclosures required by
previous sections of this Ordinance, the developer shall make available at a place on
the premises convenient to the tenants during normal working hours the following
information to prospective purchasers at least days before any purchase commitment
is signed, or, in the case of existing tenants, with the day notice provided in
paragraph 4(2) above: 1) copies of all documents filed with—any governmental agency
pursuant to the Horizontal Property Regimes Act (Chapter 64.32 RCW); 2) an itemization
of the specific repairs and improvements made to the entire building during the six
months immediately preceeding the offer for sale; 3) an itemization of the repairs and
improvements to be completed before close of sale; 4) a statement of, the services
and expenses which are being paid for by the developer but which will in the future
be terminated, or transferred to the purchaser, or transferred to the owners' association;
5) an accurate estimate of the useful life of the building's major components and
mechanical systems (foundation, exterior walls, exterior wall coverings other than paint
or similar protective coating, exterior stairs, floors and floor supports, carpeting in
common areas, roof cover, chimneys, plumbing system, heating system, water heating
appliances, mechanical ventilation system, and elevator equipment) and an estimate of
the cost of repairing any component whose useful life will terminate in less than five
years from the date of this disclosure. For each system and component whose expected
life cannot be accurately estimated, the developer shall provide a detailed description
of its present condition and an explanation of why no estimate is possible. In addition,
the developer shall provide an itemized statement in budget form of the monthly costs
of owning the unit that the purchaser intends to buy. The itemization shall include
but shall not be limited to: a) payments on purchase loan; b) taxes; c) insurance; d)
utilities(which shall be listed individually); e) homeowner's assessments; f) the projected
monthly assessment needed for replacing building components and systems whose life
expectancy is less than five years; and g) a statement of the budget assumptions
concerning occupancy and inflation factors.
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(4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant
for one year from the date of completion all improvements and repairs disclosed
pursuant to Section 5(3) of this Ordinance.
(5) Unlawful Representations: It shall be unlawful for any developer, agent,
or person to make or cause to be made in any disclosure or other document required
by this Ordinance, any statement or representation that is knowingly false or misleading.
It shall also be unlawful for any developer, agent, or other person to make, or cause
to be made, to any prospective purchaser, including a tenant, any oral representation
which differs from the statements made in the disclosures and other documents required
to be provided tenants and purchasers by this Ordinance.
(6) Purchaser's Right to Rescind: Any purchaser who does not receive the
notices, disclosures, and documents required by this Ordinance may, at any time prior
to closing of the sale, rescind, in writing, any binding purchase agreement without any
liability on the purchaser's part and the purchaser shall thereupon be entitled to the
return of any deposits made on account of the agreement.
(7) Delivery of Notice and Other Documents: Unless otherwise provided,
all notices, contracts, disclosures, documents and other writings required by this
Ordinance shall be delivered by registered or certified mail, return receipt requested.
The refusal of registered or certified mail by the addressee shall be considered adequate
delivery. All documents shall be delivered to tenants at the address specified on the
lease or rental agreement between the tenant and the developer or landlord. If there
is no written lease or rental agreement then documents shall be delivered to the
tenants' address at the converted building. In any sublet unit all documents shall be
delivered to the tenant at his current address, if known, and to the subtenant in
possession. If the tenant's current address is unknown, then two copies of all documents
shall be delivered to the subtenant, one addressed to the tenant and the other addressed
to the subtenant. Delivery of the day notice of intention to sell required. by
Section 4(2) of the Ordinance, the deve oper's offer to sell, and all disclosure documents
shall be delivered to the tenants in a converted building at a meeting between the
developer and the tenants. The meeting shall be arranged by the developer at a time
and place convenient to the tenants. At the meeting the developer shall discuss with
the tenants the effect that the conversion will have upon the tenants. Should any
tenant refuse to acknowledge acceptance of the notice, offer and disclosures the
developer shall deliver the documents in the manner prescribed in this paragraph.
(8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of
offers provided pursuant to this Ordinance, shall be in writing and delivered to the
developer by registered or certified mail, return receipt requested, postmarked on or
before the expiration date of the offer.
Section 6. Administration - Penalties - Severability:
(1) Administration: The Building Department is charged with the admin-
istration and enforcement of this Ordinance and is authorized and directed to adopt,
promulgate, amend and rescind administrative rules consistent with the provisions of
this Ordinance and necessary to carry out the duties of the Building Official hereunder.
(2) Complaints: Any person subjected to any unlawful practice as set forth
in this Ordinance may file a complaint in writing with the Building Department. The
Building Department is hereby authorized and directed to receive complaints and conduct
such investigations as are deemed necessary. Whenever it is determined that there
has been a violation of this Ordinance the Building Department is authorized, at its
discretion, to follow one or more of the following procedures:
(a) Attempt to conciliate the matter by conference or otherwise and
secure a written conciliation agreement.
(b) Refer the matter to the City Attorney for appropriate civil
remedies or criminal prosecution.
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(3) Hardship Relief - Waiver: The City Council is authorized to waive strict
compliance with this Ordinance In specific individual instances where the developer
can show with clear, cogent and convincing evidence that: 1) the financial burden
required to comply would greatly outweigh the benefits and would create an unreasonable
hardship upon the developer; or 2) the units have been offered for sale as condominium
units prior to the effective date of this Ordinance and the developer has incurred
significant financial obligations with the intention of meeting such obligations with the
proceeds of the sale of such units, and the provisions of this Ordinance will prevent
meeting such obligation.
(4) Penalties: Any person who violates any provision of this Ordinance, fails
to comply with provisions of this Ordinance or who deliberately attempts to avoid
the application of this Ordinance may, upon conviction thereof, be punished by a fine
not exceeding $500. Each day's violation shall constitute a separate offense.
(5) Severability: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent Jurisdiction, such portion shall be deemed a separate, distinct and
an independent provision and such decision shall not affect the validity of the remaining
portions thereof.
(6) Effective Date: This Ordinance shall take effect and be in force five
(5) days after the date of its publication in the manner provided by law.
PASSED BY THE CITY COUNCIL this day of , 1979
Delores A. Mead, City Clerk
APPROVED BY THE MAYOR this day of , 1979
Charles J. Delaurenti, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
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RENTON CITY COUNCIL
Regular Meeting
October 8 , 1979 Municipal Building
Monday , 8 :00 P . M. Council Chambers
MINUTES
CALL TO ORDER Mayor Pro tem Barbara Y. Shinpoch led the Pledge of Allegiance
to the flag and called the meeting of the Renton City Council to
order.
ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE,
COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM, 'CHARLES F. SHANE.
MOVED BY STREDICKE, SECOND PERRY, EXCUSE MARGARET PROCTOR. CARRIED.
CITY OFFICIALS LAWRENCE WARREN, City Attorney;. DEL MEAD, City Clerk; TED
IN ATTENDANCE BENNETT, Deputy Finance Director; GORDON Y. ERICKSEN, Planning
Director; WARREN GONNASON, Public Works Director; RON HEIRET,
Parks Supt. ; SHARON GREEN, Personnel Director; MICHAEL PARNESS,
Administrative Assistant; JOHN BUFF, Police Department; JAMES
MATTHEWS, Fire Department.
MINUTE APPROVAL Councilman Stredicke noted for clarification of Council. minutes
10/1/9 of 9/24/79, Page 2, Paragraph 9, the Community Services Committee
made recommendation. MOVED BY TRIMM, SECOND SHANE, APPROVE COUNCIL
MINUTES OF OCTOBER 1 , 1979 AS WRITTEN. CARRIED.
OLD BUSINESS
Transportation Transportation Committee Chairman Trimm presented committee report
Committee recommending Council adopt the resolution relating to the alloca-
FAUS Funding tion and expenditure of Federal Aid Urban System (FAUS) Funds as
recommended by the Public Works Director. MOVED BY TRIMM, SECOND
Resolution #2301 CLYMER, COUNCIL CONCUR. CARRIED. City Clerk Mead read the resolu-
Funding for tion authorizing Mayor and City Clerk to execute and deliver docu-
SW 27th St. ments re FAUS Funding for SW 27th St. East Valley Road to West
Valley Parkway Valley Road and' Valley Parkway (formerly Longacres Parkway) from
SW 43rd St. (S. 180th St.) to Sunset Blvd. W. (SR 900) . MOVED BY
CLYMER, SECOND TRIMM, ADOPT THE RESOLUTION AS READ. CARRIED.
Planning, and The Planning and Development Committee Chairman Perry presented
Development report noting review of the condominium conversion ordinance
Committee and explained the time periodrhave been determined and recommended
Condominium that the ordinance be referred to the Ways and Means Committee
Conversion to be placed on first reading. Councilman Perry reported one mino
Ordinance change and noted time periods, also that details same as King
County, Auburn, Redmond and Seattle. Councilman Shane requested
reply to previous question re difference between proposed ordi-
nance and building code and was advised by the City Attorney that
the building code applies to new construction and has no affect
upon condominium conversion which is for legal ownership of build-
ing. MOVED BY PERRY, SECOND CLYMER, CONCUR IN PLANNING AND
DEVELOPMENT COMMITTEE RECOMMENDATION.* Proposed amendment by
Stredicke, failed for lack of a Second, to'add relocation assis-
tance of $350 per unit to tenant or sub-tenant for either volun-
tary or involuntary vacating after received notice of conversion.
Moved by Shane, Second Stredicke, amend motion to allow up to $350
for involuntary relocation with. notice.. .Stredicke later withdrew
Second; City Attorney advised that with inclusion of "up to" there
would be need for establishment of standards for measurement.
*ORIGINAL MOTION CARRIED. (See later.)
Condominium The Planning and Development Committee report recommended that
Conversion the moratorium on condominium conversions be extended for thirty
Moratorium days. MOVED BY PERRY, SECOND CLYMER, REFER TO WAYS AND MEANS
COMMITTEE. CARRIED. (See later.)
Noise Abatement Councilman Stredicke inquired of the City's regulations concerning
noise abatement and noted citizen questioned a church broadcasting ,
music onto its parking 'lot. City Attorney Warren explained the'
Renton City Council
10/8/79 Page 2
Old Business by Council - Continued
Noise Abatement difficulty in enforcement of any noise ordinance and need to
Continued measure decibels. Versie Vaupel , 221 Wells Ave. N. , called
attention to recently adopted noise control ordinance by King
County and suggested like legislation for the city.
Utilities Utilities Committee Chairman Shane presented committee report
Committee which recommended Council concurrence in the recommendation of
Cumulative the Public Works Director (letter of 8/17/79) for establishment of
Reserve Fund Cumulative Reserve Fund covering installation, repair and mainten-
ance of storm sewer system throughout the city as compared to the
specific upgrading of a 12" line in Camas Ave. MOVED BY SHANE,
SECOND CLYMER, CONCUR IN REPORT AND REFER TO WAYS AND MEANS COM-
MITTEE. CARRIED. (See later.)
Ways and Means Ways and Means Committee Chairman Clymer presented report recom-
Committee mending second and final readings for the following ordinances:
•(Wiemann Rezone ordinance to be held in Committee one more week.)
> Ordinance #3362 An ordinance was read amending Ordinance No. 3320 creating a
Cumulative Special Fund to be known as "Cumulative Reserve Fund #3362" for
Reserve Fund the purpose of construction, installation and maintenance of
Water Retention - a storm sewer line throughout the City. (Amends Cumulative
Storm Sewer Reserve Fund #3320 Budgetary Account #115) (First reading on
9/10/79) MOVED BY CLYMER, SECOND PERRY, ADOPT ORDINANCE AS READ.
ROLL CALL: 4-AYES: SHINPOCH, PERRY, CLYMER, TRIMM; 2-NO: STREDIC E
AND SHANE. MOTION CARRIED. Councilman Stredicke requested his
inquiry of Public Works Director be noted for the record: Public
Works Director explained the original Cumulative Reserve Fund
did restrict funds .to use in the same drainage basin, which was
Camas Ave. Fund. Gonnason explained similar conditions through-
out the City and rather than have a series of specific funds,
the one Cumulative Reserve Fund was established which would not
confine funds to same drainage basin; but would not entitle area
to more funds than they have paid toward the fund.
Recess MOVED BY TRIMM, SECOND CLYMER, COUNCIL RECESS. . CARRIED. 8:45
p.m. Council reconvened at 8:55 p.m. Roll Call : All present as
ireviously shown.
Ordinance #3363 An ordinance was read amending the City's Comprehensive Plan
Comprehensive and Maps relating to properties bounded by Taylor Pl . NW,
Plan for Taylor Ave. NW, Renton Ave. Extension, S. 84th Ave. and the City
West Hill Area Limits, known as the West Hill area. (First reading 10/1/79)
MOVED BY CLYMER, SECOND TRIMM, ADOPT AS READ. ROLL CALL: 5-AYES:
SHINPOCH, STREDICKE, PERRY, CLYMER, TRIMM; ON -NO: SHANE.
MOTION CARRIED.
Ordinance #3364 An ordinance was read appropriating $234,750 from unanticipated
Appropriation and revenue and transferred to Airport for construction of Quick
Transfer ADAP Egress Taxiways on Renton ,Municipal Airport. Following readings,
Airport Project MOVED BY CLYMER, SECOND STREDICKE, ADOPT AS READ. ROLL CALL:
ALL AYES. CARRIED.
Ordinance #3365 The Ways and Means Committee recommended first reading of an
Condominium ordinance extending the moratorium on the conversion of rental
Conversion units to condominiums for 30 days; amends ordinance No. 3326.
Moratorium MOVED BY CLYMER, SECOND SHANE, SUSPEND RULES AND ADVANCE THE
Expires 11/17/79 ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. Following
readings, MOVED BY CLYMER, SECOND STREDICKE, ADOPT ORDINANCE AS
EAD. ROLL CALL: 5-AYES: SHINPOCH, STREDICKE, PERRY, CLYMER,
TRIMM; ONE-NO: SHANE. CARRIED.
First Reading The Ways and Means Committee recommended first reading of an
Condominium ordinance regulating conversion of rental units to condominiums.
Conversion Following reading, MOVED BY STREDICKE, SECOND SHANE, REFER BACK
TO THE WAYS AND MEANS COMMITTEE. CARRIED.
•
sP z •
PLANNING AND DEVELOPMENT COMMITTEE
COMMITTEE REPORT
OCTOBER 8, 1979
•
CONDOMINIUM CONVERSION ORDINANCE (referred 3/26/79)
The Planning and Development Committee has reviewed the Condominium Conversion
Ordinance and has filled in the time periods and recommends that the ordinance
be referred to the Ways and Means Committee to be placed on first reading.
CONDOMINIUM CONVERSION MORATORIUM
The Planning and Development Committee recommends that the moratorium on
condominium conversions be extended for thirty days.
G ge Pe ry, Chairman
Earl Clymer
Barbara Shinpoch
r J Jac G .
// �`
•
Cl.'I'Y (IV RENTON, WASHI.NGTON
•
ORDINANCE NO. 3365
• AN ORDINANCE OF THE CITY 0V RENTON, WASHINGPON,
EXTENDING 791E MORATORIUM ON THE CONVERSION OF RENTAL
UNITS TO CONDOMINIUMS AND PROVIDING FOR PENALTIES
FOR VIOLATJ ONS
WHEREAS the City Council advises that the conditions existing
as of the enactment of Ordinance No. 3326 as more particularly
- specified in the"Whereas" clauses of that: Ordinance still exist
requi.ring .the extension of such a moratorium period during the
development and adoption of reguLations governing the conversion of
rental units to condominiums, NOW THEREFORE •
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON,
• WASHINGTON, AS FOLLOWS:
SECTION I: Definitions: The following terms Used in this
Ordinance shall have the meaning set forth below:
(a) Condominium Building means a building in which the
• owner of one or moire duelling units is entitled to the exclusive
ownership and possession of his or her unit and has the common right to share, with other unit owners, the' common area and facilities, or
which is governed by the Horizontal Property Regimes Act (RCW .64.32) .
(b) Condominium Conversion means the filing of a declaration
of condominium as provided by the Horizontal Property Regimes Act
(RCW64.32) on a building which prior to July 2, 1979 contained
• one or more rental units.
(c) Condominium Unit shall wean a single unit in a
Condominium Building.
(d) Offer for Sale shall mean any advertisement, inducement,
solicitation, or attempt to encourage .any person to purchase an
indentifiable condominium Unit.
Ali
•
!,1
•
•
(i. ) Owner lhc• person or per;;nn:s who have s i t l e to
or a. beneficial. interest. in ;iny existing building designed or intende6
Lu be used for human habi.Lalion.
(t') Person includes any individual , corporation, partnership .
assucialion, t:rnstee or other legal en1 ily.
• (g) Rental Unit means any dwelling unit as defined in RCW •
59.18.030 •(1) which has been occupied since July 2, 1979, under a
rental agreement , express or. implied.
(h) Sale shall mean the acceptance of an offer to purchase
a rental or condominium unit provided that the sale of an entire
building shall not be considered a sale for the purpose of. this
Ordinance.
(i) Tenant means any person occupying or holding possession
of a building or any portion thereof for purposes of habitation
pursuant to a lease or rental agreement.
SECTION II: From the effective date of this Ordinance
for. a period of thirty (30) days, it shall be unlawful for any person
to convert: a rental unit to a condominium, or to sell or offer for
sale any rental unit or condominium unit where such rental unit
was rented as of July 2, 1979.
• SECTION III.: Exception: The requirements of Section II
of this Ordinance shall not apply to (a) condominium units or rental
units which have not been occupied by a tenant since July 2, 1979,
or (b) rental units where an owner can show, with clear, cogent and
convincing evidence, that (1) the units have been sold or offered
for sale as condominium units prior .to July 2, 1979, or (2) that he
or she prior to July 2, 1979, incurred significant financial obliga-
tions with the intention of meeting such obligations with the proceeds
of the sale of the units, and the prdvisions of this Ordinance will
prevent him or her from •meeting such obligations; or- (3)' condominium
units or rental units which are offered for sale and sold to the
tenant occupying such unit on July 2, 1979.
•
•
SECTL.9N IV: Penalty: Commission of thc act made unlawful
by Section LI of this Ordinance shall constitute a violation subject
•
to the provisions of Section 204 of the Uniform Houging Code (fide
4, Chapter 9 of the Code of Cenerat Ordinances of the City of
RentOn) . Any person convicted thereof may be punished by a civil
fine or forfeiture not to exceed Five Hundred dollars ($500.00) .
Each day's violation shall constitute A separate offense.
. SECTION V: This Ordinance shall take effect and be in
force and effect upon its passage, approval and five days after
its publication.
PASSED BY,THE CITY COUNCIL this 8th day of October, 1979 .
• De Ores A. Meg,'
9 Cit Clerk
APPROVED BY THE MAYOR this 8th day of October, 1979.
• r
. 0jutataN-0-'PS •VAAA-t.)0 44->
Barbara-r.:-Sh TITO&h,-14-6.3OFTTO
Approved as to form:
'Lawrence ..1, Wren, City Attorney
Date of Publication: October 12, 1979
•
•
•
JJ
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• S
4008 MEADOW N. •
RENTON, WA., 98055 k _
AUG. 27, 1979• fREC 'IVF
..}
4 °� 1979
0ITY OF !
REruTON
fV1AYOR'S OFFICE
MAYOR & CITY COUNCIL s �
CITY OF RENTON, R��C'\C319
RIM TON, WA., �,, 6\:\\��
* �`�' yea
GENTLEMEN: •csa o.R� ��
DUE TO PRIOR C0MMITTMENTS & ALSO DUE TO THE FACT THAT WE AR d'/ ��� �,� '
SUBSTANTIAL LAND OWNERS ADJACENT TO TEE PROPERTY THAT HAS
REQUESTED CONVERSION FROM APARTMENTS TO CONDOMINIUMS; WE WISH
TO GO ON RECORD AS BEING FOR THIS IDEAS THE PROPERTY UNDER
CONSIDERATION IS LOCATED AT OATH & PARK AND ALSO ALONG LAKE'
WASHINGTON BLVD., IN THE SIF�tGE AREA. THANK YOU..
SINCERELY,
R ' T A. F 7CETT
SSA M. FAWCETT (SPOUSE)
r
•
. 411
Renton City Council
9/10/79 Page 3
• Ways and Means Committee Report
Reappointment The Ways and Means Committee recommended concurrence in the
Board of reappointment of Felix Campanella to the Board of Adjustment,
Adjustment position #1 ; term to expire 9/6/83. MOVED BY PERRY, SECOND
TRIMM, CONCUR IN RECOMMENDATION. CARRIED.
Voucher Ways and Means Committee recommended approval for payment of
Approval • Vouchers No. 24720 through No. 24869 in the amount of $323,578.38
Macine Voids: plus LID #302 Revenue and Cash Warrants R-43 in amount of
Macro e5 - ids: . $454,672.17, C-103 $431 ,877..95, C-104 $22,422.38, C-105 $176.23
#247and C-106 $195.61 . MOVED BY TRIMM, SECOND SHANE, CONCUR IN
RECOMMENDATION OF WAYS AND MEANS COMMITTEE. CARRIED.
CONSENT AGENDA The following items are adopted by one motion which follows the
items included. Letters are not read and discussed separately
unless so requested.
Open Space Letter from Planning Director Ericksen reported receipt from
Taxation King County of Open Space Taxation Application of L. H. Hawkins
Application for nine acres located in the wetland area between Talbot Road
OSC-409-79 and SR 167. The letter stated that in accord with state statutes ,
L. H. Hawkins the City Council and County Council designate a review board
consisting of three members from each agency; that the review
board of the City Council for Open Space Taxation Applications
has been the Community Services. Committee. The letter recommended
referral to the Community Services Committee to hold joint public
hearing as required by law.
Proposed Letter from Board of Public Works 'Chairman Gonnason reported
Annexation the Board has determined that the area of request for annexa-
KCWD #90 (Nelson) tion by King County Water District #90 is outside the City and •
reports no objections . (Information)
David A. Sabey Land Use Hearing Examiner, Fred Kaufman, recommended approval
Rezone 387-79 with restrictive covenants David A. Sabey, Rezone R-387-79
trom GS-1 to B-1 property located at the SE corner of SW Grady
Way and Oaksdale Ave. SW, proposed use for future office,
. specialty retail and car parking. Refer to Ways and Means
Committee. •
Release of Letter from Martin Seelig requested elimination of easement in
Easement re regard to 'street vacation, VAC-7079, portion of Maple Ave. SW.
Ordinance 3351 Refer to Public Works Department for preparation of release of
easement. •
Donation Letter from Mayor Delaurenti requested appropriation of funds
in amount .:of $1 ,000 by Renton Soroptimists to the Senior Center
Construction Fund for purpose of providing a drinking fountain
• near the new building. Refer to Ways and Means Committee. (See
first reading of ordinance Page 2. )
Condominium Letter from Robert A. and Clarissa M. Fawcett, 4008 Meadow N. ,
Conversion favored conversion from apartments to. condominiums in area
located at 40th and Park N. and also along Lake Washington Blvd.
N. , being substantial land owners adjacent to the property.
Refer to Planning and Development Committee.
Police Department Letter from Renton Police Officer Lt. Frank Cooper, Lt. Donald
Pay Differential Persson and Lt. Ray Caldwell requested the City continue the
salary differential established by Resolution #2233 12/4/78. '
The letter in addition requested amendment to Section II for
the purpose of removing longevity as the sole exception to equal
benefits between Guild and non-Guild'members and explained
reduced differential without removal . The letter also petitioned
parity with Fire Department counterparts. Refer to Committee
of the Whole.
King County Letter from the King County Zoning and Subdivision Examiner
Building and Land announced public hearing on proposed plat of Rainier Crest will
Development #378-8 be reopened on September 25, 1979 in the King County Administra-
tion Building. Located between' 133rd SE and 136 SE south of
SE 74th. Refer to Planning Department.
Renton City Couhcil
9/10/79 Page 4
Consent Agenda - Continued
CRP Training . Letter from Fire Department Chief Geissler requested authoriza-
for Renton tion and approval of contract to provide CPR training for the
School District high school and middle school students in the Renton School
District. Concur and authorize signatures.
Bid Opening City Clerk Mead reported 8/24/79 bid opening Renton Municipal
Airport Airport Improvements. See attached tabulation. Refer to •
Improvements Transportation Committee. -
1979 Budget Letter from Public Works Director Gonnason requested supple-
Building Dvn. mentary appropriation in amount of $16,477 for the Building
Division representing proffessional services, office supplies
. and equipment rental . The letter explained the extreme amount
of construction activity throughout the city resulted in the
operating expenses exceeding original appropriations. Refer to
Ways and Means Committee. • •
Proposed King County Boundary Review Board notice of proposed annexation
Annexation to the City of Tukwila of both Allentown and Crestview. Refer
to the Board of Public Works.
Consent Agenda MOVED BY SHINPOCH, SECOND PROCTOR, ADOPT THE CONSENT AGENDA.
Approval MOVED BY SHANE, SECOND CLYMER, AMEND MOTION TO EXEMPT THE FOLLOW-
ING ITEMS. CARRIED. MOTION AS AMENDED; CARRIED.
Pawnbroker Letter from Finance Director Marshall requested approval of
Licehse additional pawnbroker license application for the Renton Loan
Shop, owned by Louis Barei , 614 S. 18th St. , shop address:
• 327 Wells Ave. S. . The letter explained City ordinance allows
one pawnbroker license for every fifteen thousand population;
official State Census: 30,700. MOVED BY PERRY, SECOND STREDICKE,
CONCUR IN REQUEST AND LICENSE BE ISSUED. CARRIED.
Burnett Lineal Letter from Parks Director Webley and Planning Director Ericksen
Park requested concurrence in selection of Edward. MacLeod and Associ-
ates as landscape architect for Burnett Lineal Park. The
• letter explained selection process and Park Board concurrence.
Concur and authorize signing of contract. Councilman Shane
inquired of proposed north/south 515 route and was advised by
Mayor Delaurenti that 515 Extension was proposed for Shattuck Ave.
MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL CONCUR. CARRIED.
Sewer Extension Letter from The Pace Corporation, 16301 NE 8th, Bellevue, Manag-
Union Ave. NE ing Partern, Tom Ismon, applied for late-comers agreement on
' sewer extension along Union Ave. NE on behalf of Forestbrook
Associates, owner of Forestbrook Townhouses. MOVED BY SHANE,
SECOND STREDICKE, REFER TO THE PUBLIC WORKS DEPARTMENT AND TO
THE UTILITIES COMMITTEE. CARRIED.
CORRESPONDENCE Letter from Richard Harbert, RH2 Engineering, 4901 114th NE,
Renton Hill Kirkland, requested on behalf of Mr. Sigi Ullrich that the
Water System city increase the current water system assessment for develop-
Improvements ment in the Renton Hill area, with intent that each development
pay its fair share of water system improvements necessary to
provide adequate fire fighting capacities. The letter further
requested the City construct improvements necessary to provide
adequate fire flow and the City be reimbursed through the increased
assessment for all costs including inflation. The letter out-
linedimprovements including R-3 zoned area' along Mill Ave. from
S. 6th to I-405 and listed benefits. MOVED BY STREDICKE, SECOND
PERRY, REFER LETTER TO 'THE UTILITIES COMMITTEE AND CITY ATTORNEY
FOR .REVIEW AND RECOMMENDATION BACK TO COUNCIL. CARRIED.
AUDIENCE COMMENT Tom Teasdale, 506 S. 15th St. , inquired regarding proposed 100
Proposed 7 Story ft. or 7 story building in kenton._Village as described in 8/29
Building North' Record Daily Chronicle and inquired whether permit was issued
of FAI 405 without an .environmental impact 'study. Public Works Director
Gonnason explained environmental check list prepared by developer
that view obstruction was addressed as minimal . Gonnason stated
VI. • ',1,. .
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RENTON CITY COUNCIL
Regular Meeting
Y/ August
27,; 1979 Municipal Building
Monday, 8.00 P .M. Council Chambers
MINUTES
CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the
flag and called the Renton City Council meeting to order.
ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE,
COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM, CHARLES SHANE.
MOVED BY SHINPOCH, SECOND CLYMER, EXCUSE ABSENT COUNCILWOMAN
MARGARET PROCTOR. CARRIED. Councilwoman Proctor arrived
shortly thereafter.
CITY OFFICIALS C.J. DELAURENTI , Mayor; LAWRENCE WARREN,City Attorney; MAXINE
PRESENT MOTOR, Deputy City Clerk; GWEN MARSHALL, Finance Director;
WARREN GONNASON, Public Works Director; JOHN WEBLEY, Parks
and Recreation Director; DAVID CLEMENS, Planning Dept. Rep. ;
JAMES MATTHEWS, Fire Dept. Rep. ; HUGH DARBY, Police Chief.
PRESS. GREG ANDERSON, Renton Daily Record Chronicle
MINUTE APPROVAL MOVED BY SHINPOCH, SECOND CLYMER, APPROVE COUNCIL MINUTES OF
AUGUST 20, 1979 AS WRITTEN. CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted,
Proposed Condo published, and mailed according to law, Mayor Delaurenti opened
Conversion the continued public hearing to consider the proposed condominium
Ordinance , conversion ordinance. Letter from Henry Dean, Attorney, 1700
Peoples National Bank Bldg. , Seattle, was read suggesting number •
Cont. from of days to complete the ordinance and possible exclusion of certain
8/13/79 sections. Henry Dean (representing Misty Cove Apts.. ) inquired about
section regarding updating apartments being converted to present
building code requirements may not always be feasible of older units
and requirement of guarantees of items within the unit. Councilwoman
Shinpoch noted objective was to prevent conversion of sub-standard
buildings. Mike Moyer, 16803 254th P1 , So. King County Tenants Union,
noted favorable response to the proposed ordinance except for exclusion
of financial aid to tenants forced to move elsewhere. MOVED BY
SHINPOCH, SECOND PERRY, TO CLOSE THE PUBLIC HEARING. CARRIED.
MOVED BY SHINPOCH, SECOND CLYMER, REFER TO THE PLANNING AND DEVELOPMENT
COMMITTFF. TO CONSIDER SUGGESTIONS AND COMPLETE THE ORDINANCE. CARRIED.
AUDIENCE COMMENT Judy Pierce, King County Emergency Medical Services, explained
recommendation for King County to directly operate paramedic services
to residents of, South King County. The main objective of such a
program would be to handle administration and funding. Also, explaining
proposed county wide six year levy issue to fund basic and paramedic
services at approximately $.21/$1,000 from Renton would total
$195,775.00. King County Councilwoman Pat Thorpe noted desire for
City to be aware of the program coming before the County Council
probably next week requesting the County administrate such a program.
Councilman Stredicke requested that a countywide 911 program be
included.
OLD BUSINESS
Community Services Community Services Committee Chairman Stredicke presented report
Committee Report re special needs and joint funding presently available through
the Housing and Community Development Block Grant Program noting
the following:
South Burnett Community Services Committee recommended th'at the City endorse an
Park Project application for $20,000 of additional funds for the South Burnett
Park Project. MOVED BY CLYMER, SECOND SHINPOCH, TO CONCUR IN THE
RECOMMENDATION. CARRIED.
Funds for South Community Services Committee report recommended that $5,179 of additional
Burnett Park 1979-1980 population funds be committed to the South Burnett Park Project.
Project MOVED BY CLYMER, SECOND SHINPOCH, TO CONCUR IN THE COMMITTEE RECOMMENDATION
CARRIED.
Renton City Council
8/27/79 Page 2
Old Business - Continued
Applications Community Services Committee report recommended the City Co-sponsor
for Interjurisdic- three applications for interjurisdictional funds (1. King County
tional Funds . Unified Weatherization Program, 2. Cedar River Trail System, 3. King
County Senior Housing Program) . MOVED BY CLYMER, SECOND SHINPOCH,
TO CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED.
Executive MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL HOLD EXECUTIVE SESSION
Session TO DISCUSS LABOR NEGOTIATIONS. CARRIED. 9:15 p.m. and reconvened
at 10:20 p.m. Roll Call - All council members present.
ORDINANCES AND RESOLUTIONS
Ways and Means The Ways and. Means Committee Chairman Clymer presented report
Committee Report recommending the following ordinance for second and final readings:
ORDINANCE #3353 Ordinance was read changing the zoning classification of certain
Renton Hill Phase properties within the city from heavy industrial district to
III Rezone residence single family district (R-1); public district (P-1)
R-219-78 and manufacturing park district (M-P) Renton Hill Phase III, R-219-78,
Interpace Corp. Interpace Corp. MOVED BY CLYMER, SECOND SHANE, TO ADOPT THE
ORDINANCE AS READ. ROLL CALL: ALL AYES. MOTION CARRIED.
The Ways and Means Committee recommended the following ordinance
for first reading:
Alley Vacation- Ordinance was read vacating a portion of an alley between N. 35th
Between N. 35th & and N. 36th Streets, East of Burnett Ave. N. as petitioned by Brown/
N. 36th Sts. , Strand Homes. VAC-13-79. MOVED BY CLYMER, SECOND SHANE, TO REFER
VAC-13-79 BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED.
Atlantic Services Ordinance was read changing the zoning classification of certain
Rezone properties within the city from light industrial district (L-1)
R-363-79 and residence. district (R-3) to business district (B-1) . Atlantic
Services, Inc. , R-363-79. Property located at the southwest corner
of south Grady Way and Main Ave. South. MOVED BY CLYMER, SECOND
SHANE, TO REFER BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED.
The Ways and Means Committee recommended the following resolution
for adoption:
RESOLUTION #2292 Resolution was read setting a public hearing on October 1, 1979
Street Vacation . to hear the matter of a proposed street vacation of a portion
Tacoma Ave. NE of Tacoma Ave. NE, north of NE 17th St. , between Shelton Ave. NE
VAC-17-79 and Union Ave. NE. (VAC-17-79) Petitioned by Valley Investment
Properties/Robert C. Olson. MOVED BY CLYMER, SECOND TRIMM,TO
ADOPT THE RESOLUTION AS READ. CARRIED.
Voucher Approval Ways and Means Committee report recommended approval of Vouchers
No. 24503 through No. 24717 in the amount of $353,555.31. (Voids
#24498 - 24502) LID #302, Revenue Warrant,R-42,$18,446.48;
Cash Warrant,C-100,$18,081.76; Cash Warrant,C-101, $227.70; Cash
Warrant,C-102, $137.02. LID #307, Revenue Warrant, R-7, $32,479. 15;
Cash Warrant,C-8, $32,479. 15. MOVED BY CLYMER, SECOND TRIMM, TO
APPROVE THE VOUCHERS. CARRIED.
CONSENT AGENDA The following items are adopted by one motion without discussion,
unless requested. Motion follows the items included.
Police Auction for Letter from Hugh R. Darby,Chief of Police, notice of Auction for
Disposition of Disposition of Unclaimed Property to be held on Tuesday, September
Unclaimed Property 25, 1979. Notice to be placed in the local .newspaper. For
information only.
Reappointment Letter from Mayor Delaurenti reappointing Mr. Felix Campanella to
Board of the Board of Adjustment, position #1, term to expire Sept. 6, 1983.
Adjustment Refer to Ways and Means Committee.
•
Ferguson LAW OFFFICES OF WM.H FERGUSON C.DAVID SHEOPARD HENRY C JAMESON '
Burden CHARLES S.BURDELL 11973, JAMESW. OMAS FERGUSON SCOTT B. SBORNE
WM.WESSELHOEFT E.HURT DAVID N.L7`'..BARD
DONALD Mg L.DAVIDSON WILLIAM D.STITES ANDREW L SYMONS
1700 PEOPLES NATIONAL BANK BUILDING EDWARD HILPERT,JR. BRUCE P.BABBITT . _ J.J.LEARY..,R.
5cc (� t THOMAS J.GREENAN E.P.SWAIN,JR.
Cdllle,`Y\`��J7 dshInj1on 98171 , HENRY W.DEAN CHRISTOPHER KANE
TELEPHONE(206)622-1 7 I I WILLIAM B.MOORE
TELECOPIER(206)662-6078
•
•
August 23, 1979 •
iMr. Lawrence J. Warren
;City Attorney
P. O. Box 626
; 100 South Second Street
'Renton, Washington .
•
'Dear Mr. Warren:
•
During the regular meeting of the Renton City
;Council on August 13th, we offered to provide comments
:concerning the form of the proposed ordinance relating .
to the conversion of residential rental units to
. ;condominiums or cooperatives. The purpose of this
; letter is to provide our comments, which follow:
1. Section 1 (13) , page 2, references the Housing
'Code as amended. This, of course, requires the developer
to improve the project to Code requirements not in
;existence as of the date of construction, which in
;certain instances will be impossible, i.e. , double
wall •construction. It appears to us that the equitable
:approach is to require the developer to bring the
;project to the requirements of the Code in effect as
. ;of the date of construction. Accordingly, we suggest.
the following language:
"The Renton Housing Code, as codified in
Title IV, Chapter 9, Code of General Ordinances
of the City of Renton, in effect as of the
• date of construction of the building. " ' •
2. Section 3 (1) calls for the entry. of a date.
We recommend that the effective date of this ordinance •
:be inserted in each blank. .
3. The blanks set forth in the following sections
should be completed as follows:
Section 4 (2) -- 15 days
Section 4 (3) -- 30 days , • •
Section 4 (4) -- 30 days
. Section 4 (5) -- first blank 10 days; second '
blank 30 days , .
Page 2
Mr. Lawrence J. Warren
August 23, 1979
Section 4 (6) -- first blank 15 days; second
blank 15 days
Section 4 (7) -- first blank 30 days; second
blank 30 days
Section 4 (8) -- 30 days
Section 4 (9) -- 30 days
Section 5 (1) -- first blank 15 days; second
blank 15 days; third blank 30
days; fourth blank 10 days;
fifth blank should be omitted
requiring the developer to provide
the information to each prospective
purchaser before the signing of any
earnest money without setting forth
a certain number of days
Section 5 (3) -- first blank should be eliminated
requiring the developer to provide
the information to the prospective
purchaser prior to entering into
the purchase commitment; second blank
15 days
Section 5 (7) - 15 days
4. Section 4 (6) contains typographical errors in the
first two lines to be corrected and should read as follows:
"Should both the tenant and subtenant reject the •
offer of sale or fail to notify the developer
of acceptance of the offer within the time period
set forth in Sections 4 (3) . . . "
5. Section 5 (3) contains a subparagraph 3 which requires
that an itemization of the repairs and improvements be pro-
vided to the prospective purchaser and be completed prior
to the close of sale. This is unrealistic in that it could
extend a :closing date should rain prevent the application
of asphalt, for example. Accordinly, we recommend the
following change:
"3) An itemization of the repairs and improve-
ments which the developer intends to complete
before close of sale; provided, however, that
the closing -date shall not be extended if the
developer is prevented from completing the
repairs and improvements by circumstances beyond
his control; "
6. Section 5 (3) in subparagraph 5 requires estimates
and other representations to prospective purchasers which
Page 3
Mr. Lawrence J. Warren
August 23, 1979
are not possible to provide and would only result in
encouraging substantial litigation. The nature of the
representation required pursuant to this paragraph
renders a conversion of building economically unfeasible
and, accordingly, we recommend that it be stricken.
This completes our comments and recommendations
to the City of Renton. We plan to be present at the
hearing on August 27th before the City Council and: would
be pleased-to provide you with our thought process con-
cerning the foregoing recommendations, or answer any
questions that the Council may propose.
Thank you for your consideration of the foregoing.
Yours very trul ,
`FERG 'SON & BUR►
-'-n y W. Dea"
HWD/srn
cc: Councilman Perry
Cei t41 sn i 74,0 C
•
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KEG
A.
• o OFFICE of the CITY CLERK
" 2 200 Mill Avenue South r�
a3 s ^.aY- G 114--c .343iJfAGEI:
0 — Renton,Washington 98O5S 4: ,o [� AUG E 79 ®
09 SE PI e�P �C y.-
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NOT, ICE
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• . . RENTON CITY' COUNCIL
- 'CONTINUED
. ON AUGUST 27, •1979 AT 8:00 P.M.
•
(CONTINUED FR01i AUGUST. 13, 1979)..
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
200: MILL AVENUE SOUTH . .
For ING:TRLUQNVEKSIONe01-of• RE'IDENT ALiR TALrUNITS1 Oe CONDOMINIUMS,OR RELATING
COOPERATIVES; PROVIDING AND GGULAT-
PROTECTIONS FOR TENANTS AND PURCHASERS.IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS:
GENERAL LOCATION OF SUBJECT PROPERTY:
•
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
•
Date of Publication: 8/17/79
(Complete legal description &further informiztion available in the City Clerk's Office - 235-2500)
CERTIFICATION
STATE OF WASHINGTON)
ss.
COUNTY OF KING
I _ Qs �i C L. PA i))' � he
c j fy that r;y
(2�1 copies of t e above notice were osted by me in 'th e Twenty
or mot spicuous,
places on the property described and two copies were posted at the Renton
Municipal Building, 200 Mill Ave, South, Renton, WA on date ofAs/q_ 1'
19 7?
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Signed
ATTEST:
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\\XWZ- -»I(I\
Notary Public jn-aj d for the State of
Washington, residing i;n=' enton
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8/20/79
PLANNING & DEVELOPMENT COMMiri'EE
Attn: Mr. George Perry, Chairman
Attached is proposed Condominimum Conversion Ordinance
returned to this office with comments.
Del
Cul& 1/004113
CITY CLERK'S OFFICE /Q4
INTER-OFFICE MEMORANDUM
TO: All Departments DATE : 8/7/79
FROM: Delores A. Mead, City Clerk
SUBJECT : Condominium Conversion Ordinance
Councilman Perry, Chairman of the Planning & Development Committee
has requested copies of the attached Ordinance be distributed for
review and comment. The Public Hearing is August 13, 1979.
NOTICE
RENTON CITY COUNCIL
CONTINUED
PUBLIC HEARING
ON AUGUST 27, '1979 AT 8:00 P.M.
(CONTINUED FROM AUGUST 13, 1979)
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
200 MILL AVENUE SOUTH '.
Fir the per g o Co g d n a rpp g ORDINANCE, RELATING TO HOUSING ANU REGULAT-
ING THE �CONVEF roT OF RES 1Jt1 TI/VL�RE`IQTALFUNIT°TOCONDOMINIUMS OR COOPERATIVES; PROVIDING
PROTECTIONS FOR TENANTS AND PURCHASERS' IN CONVERTED BUILDINGS: ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS,
GENERAL LOCATION OF SUBJECT PROPERTY:
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
Date of Publication: 8/17/79
(Complete legal. description &further information available in the City Clerks Office - 235-2500)
The removal, mutilation, dobtruction
' • or.concealment of this notiee is a mis-
Warng
hablebyfeand iMprisonment.
•
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE, relating to housing and
regulating the conversion of residential
rental units to condominiums or coop-
eratives; providing protections for tenants
and purchasers in converted buildings;
adopting measures to mitigate the adverse
effects of conversion displacement; and
providing penalties for violations.
WHEREAS, the vacancy rate for rental units in the City is between one and
two percent and has been steadily declining and projections indicate no increase in the
rental vacancy rate in the foreseeable future; and
WHEREAS, an increasing percentage of residential rental units are being
converted into condominiums and this•conversion process is reducing the number of
rental units in the city thereby worsening an already critical rental housing shortage;
and
WHEREAS, tenants displaced by condominium conversions, frequently on short
notice, and sometimes immediately after commencement of the tenancy, have been
unable to find comparable housing and are increasingly unable to find any decent, safe,
and sanitary rental housing; and
WHEREAS, conversions are imposing severe hardships upon all displaced tenants;
and •
WHEREAS,prospective purchasers of condominiums are often without knowledge
e the unique concepts of ownership involved or of the obligations they incur in
purchasing a condominium; and
WHEREAS, in view of the increased danger of loss to the homeowner due to
Ere as the result of the occupancy of the building by other owners; and
WHEREAS,condominium sellers frequently do not provide prospective purchasers
sufficient information about the nature of condominium ownership generally, or about
specific building conditions and operation costs to enable purchasers to make informed
decisions; Now, Therefor,
TM: CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS:
Section 1. Title: This ordinance may be cited as the "Condominium Conversion
Ordinance".
Sec 2. Definitions: The following words and phrases used in this Ordinance
shall have the meanings set forth below:
(1) Acceptance of Offer of Sale: A written commitment for the purchase
of a condominium unit or interest in a cooperative at a specific price and on specific
terms.
(2) Agent: Any person, firm, partnership, association, joint venture, corpora-
tion or any other entity or combination of entities who represents or acts for or on
behalf of a developer in selling or offering to sell any condominium or cooperative
unit or interest in a cooperative.
(3) Building: Any existing structure containing one or more dwelling units
and any grouping o such structures which were operated as rental units as converted
buildings are the subject of a single declaration or simultaneous declarations filed
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32).
(4) Condominium: Any existing structure containing three or more dwelling
units as defined in the Housing Code: a) which is the subject of a declaration filed .
pursuant to the Horizontal Property Regimes Act (RCW Chapter 64.32); or b) in which
there is private ownership of individual units and common ownership of common areas.
(5) Condominium Unit: Any dwelling unit in a condominium.
(6) Cooperative: Any existing structure, including surrounding land and
improvements, which contains one or more dwelling units and which: a) is owned by
an association organized pursuant to the Cooperative Association Act (RCW Chapter
23.86); or b) is owned by an association with resident shareholder who are granted
renewable leasehold interests in housing units In the building.
(7) Cooperative Unit: Any dwelling unit in a cooperative.
(8) Conversion of Condominiums: The filing of a declaration pursuant to
the Horizontal Property Regimes Act or the sale by a developer of condominium units
that were previously rental units.
(9) Conversion of Cooperatives: The execution of a lease agreement by a
member of a cooperative association.
(10) Converted Building: Any condominium or cooperative which formerly
contained rental dwelling units.
(11) Developer: Any person, firm, partnership association, joint venture or
corporation or any other entity or combination of entities or successors thereto who,
a) undertakes to convert, sell,or offer for sale condominium units; or b) undertakes
to convert rental units to cooperative units or sell cooperative shares in an existing
building which contains housing units or lease units, to a cooperative association's
shareholders. The term developer shall include the developer's agent and any other
person acting on behalf of the developer. •
(12) Eviction: Any effort by a developer to remove a tenant from the
premises or terminate a tenancy by lawful or unlawful means.
(13) Housing Code: The Renton Housing Code as codified in Title 4, Chapter
9, Code of General Ordinances of the City of Renton, as amended.
(14) Offer of Sale to Tenant: A written offer to sell a condominium or
cooprative unit to the tenant in possession of that unit at a specific price and on
specific terms.
(15) Offer for Sale to Public: Any advertisement, inducement, solicitation,
or attempt by a developer to, encourage any person other than a tenant to purchase
a condominium or cooperative unit.
(16) Owner's Association: The association formed by owners of units in a
condominium or cooperative for the purpose of managing the condominium or coop-
erative.
(17) Person: Any individual, corporation, partnership, association, trustee or
other legal en ifity-
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(18) Rental Unit: Any dwelling unit, other than a detached single family
residential dwelling, which is occupied pursuant to a lawful rental agreement, oral or
written, express or implied, which was not owned as a condominium unit or cooperative
unit on the effective date of this Ordinance. A dwelling unit in a converted building
for which there has been no acceptance of an offer of sale on the effective date of
this Ordinance shall be considered a rental unit.
(19) Subtenant: A person in possession of a rental unit through the tenant
with the knowledge and consent, express or implied, of the owner.
(20) Tenant: Any person who occupies or has a leasehold interest in a rental
unit under a avi—irff rental agreement whether oral or written, express or implied.
Section 3. Application of Ordinance:
(1) Application to Conversion of Condominiums and Cooperatives: This
Ordinance shall apply only to the conversion and sale of rental units that have not
yet been converted to condominium or cooperative units, and to those units in converted
buildings that are not subject to a binding purchase commitment or have not been sold
on the effective date of this Ordinance. This Ordinance shall not apply to condominium
or cooperative units that are vacant on , 1979 and which have been
offered for sale prior to that date; Provided, That any tenant who takes possession of
the unit after , 1979 shall be provided the disclosures required by
Section 4 of this Ordinance and shall be entitled to the benefits of that section if the
required disclosures are not given.
(2) Application to Tenants: This Ordinance shall apply only to those tenants
and subtenants who occupy rental units in converted buildings at the time the notices,
offers, and disclosures provided by this Ordinance are required to be delivered. This
ordinance shall not apply to tenants who take possession of a unit vacated by a tenant •
who has received the notices and other benefits provided by this Ordinance; Provided,
that developers shall disclose in writing to all tenants who take possession after service
of the notice required by Section 4 of this Ordinance, that the unit has been sold or
will be offered for sale as a condominium or cooperative. This disclosure shall be
made prior to the execution of any written rental agreement or prior to the tenant's
taking possession, whichever occurs earlier. A developer's failure to disclose, within
the time specified above, that the unit has been sold or offered for sale shall entitle
the tenant to all the protections and benefits of this Ordinance.
Section 4. Tenant Protections:
(1) Notice to Tenants of Filing of Conversion Declaration: Within seven (7)
days of the filing of a condominium conversion declaration as provided by the Horizontal
Property Regimes Act (RCW Chapter 64.32) the developer shall:
(a) Send to each tenant in the converted building, by registered or
.certified mail, return receipt requested, written notice of the filing. A tenant's refusal
to accept delivery shall be deemed adequate service.
(b) File notice of the filing of such declaration with the City Clerk,
giving the date of filing, file or recording number, office where filed, location and
address of the structure and number of dwelling units contained within the structure,
and the name, address and phone numbers of the owner(s), managers and persons
responsible for the management of the structure.
(2) Notice to all Tenants Prior to Offering any Unit for Sale to the Public
as a Condominium or Cooperative Unit: At least days prior to offering any rental
unit or units for sale to the public as a condominium unit or cooperative unit, the
_3_
•l •r
developer shall deliver to each tenant in the building written notice of his intention
to sell the unit or units. The notice shall specify the individual units to be sold and
the sale price of each unit. This notice shall be in addition to and not in lieu of the
notices required for eviction by RCW 59.12 and 59.18, and shall be delivered as provided
in Section 4(1Xa) of this Ordinance. With the notice the developer shall also deliver
to the tenant a statement, in a format to be provided by the Building Department,
of the tenant's rights under this ordinance.
(3) Purchase Rights of Tenant in Possession: With the notice provided in
Section 4 above, the developer shall deliver to each tenant whose unit is to be offered
for sale, a firm offer of sale of the unit that the tenant occupies. In the event that
more than one tenant occupies a single unit, the developer shall deliver the offer to
all tenants jointly or separately. For days from the date of delivery of the offer
the tenant shall have the exclusive r g�Tit to purchase his or her unit on the terms
offered.
(4) Purchase Rights of Tenants Whose Units are Offered for Sale Prior to
Effective Date of Ordinance: Tenants 'of rental units which were offered for sale as
condominium or cooperative units prior to the effective date of this Ordinance but
for which offers there have been no acceptances, shall be entitled to the rights and
benefits of this Ordinance except that those rights provided by Section 4(6) of this
Ordinance shall terminate days from the offer of sale of the unit to the tenant.
(5) Subtenant's Purchase Rights: Should a tenant reject an offer of sale,
the subtenant In possession at the time the notice provided in Section 4 is delivered,
shall be offered the unit on the same terms as those offered the tenant. For
days following that offer or until the expiration of the tenants' day option perToa
as provided in Section 4, whichever occurs later, the subtenant shaWhave the exclusive
right to purchase the unit on the terms offered to the tenant.
(6) Rights of Tenants in Converted Buildingsto Purchase Other Units in. the
Buildings: Should both the tenant and subtenant reect the offer or sale or fail to
notify of acceptance of the offer within the time periods set forth in Sections 4(3)
and 4(5) or vacate, the unit shall be made available for purchase to other tenants and
subtenants in the building. The right to purchase another unit in the building by
tenants and subtenants shall extend to the end of the day notice period provided
the tenant in possession of that unit under Section 4MT Whenever all tenants and
subtenants in a building have indicated in writing their intention not to purchase a
unit or the day notice period has expired and that unit is or becomes vacant then
the developer may offer for sale and sell the unit to the public.
(7) No Subsequent Sale on Better Terms: For a period of days following
the date of the offers provided in Sections 4(3), 4(5) and 4(6), no offer shall be extended
by the developer on terms more favorable in any respect than the offer previously
extended to the tenant and/or subtenant unless the more favorable offer is first
extended to the tenant and/or subtenant as required by Sections 4(3), 4(5) and 4(6) for
a period of not less than days.
(8) Evictions Only for Good Cause During Notice Period: No condominium
or cooperative unit shall be sold or offered for public sale if, in the day period
immediately preceding the sale or offer for public'sale, any tenant harheen evicted
without good cause. For the purposes of this Ordinance good cause shall mean: .,1)
failure to pay rent after service of a three day notice to pay rent or vacate as
provided in RCW 59.12.030(3); 2) failure to comply with a term or terms of the,tenancy
after service of a ten day notice to comply or vacate as provided in RCW 59.12.030(4);
and 3) the commission or permission of a waste or the maintenance of a nuisance on
the premises and failure to vacate after service of a three day notice as provided in
RCW 59.12.030(5).
(9) Tenant's Right to Vacate: Tenants who receive day notices of sale
may terminate their tenancies at any time during such period :Tithe manner provided
by RCW 59.18.200 and RCW 59.18.220, but will forfeit all rights to purchase a unit.
-4-
•
Section 5. Consumer Protections:
(1) Mandatory Housing Code Inspection and Repair) Notice to Buyers and
Tenants: Prior to delivery of the day notice described in paragraph 4(2) above,
developers shall, at their expense, request an inspection of the entire building by the
Building Department for compliance with the Housing and Fire Code. The inspection
shall be completed within days of a developer's request unless the developer fails
to provide or refuses access to Building and/or Fire Department personnel. The
developer shall be required to install an approved fire alarm and smoke detector system
in accordance with Title 7, and Title 4, Chapter 32, of the Code of General Ordinances
of the City of Renton. The installation of the fire alarm system and all violations
of the Housing Code revealed by the inspection must be completed and corrected at
least days prior to the closing of the sale of the first unit or by the compliance
date on the inspection report, whichever is sooner. A follow-up inspection for compliance
shall be completed within days of a developer's request. A copy of the building
inspection report and certiflation of repairs shall be provided by the developer to
each prospective purchaser at least days before the signing of any earnest money
agreement or other binding purchase commitment. Copies of the inspection report
shall be delivered to tenants in the converted building by the developer with the notice
of sale as provided in Section 4(2). An inspection fee of $100.00 for the first unit
and $15.00 per unit thereafter shall be paid by the developer whenever an inspection
is requested as required herein.
(2) Certification of Repairs: For the protection of the general public, the
Building Department shall inspect the repairs of defective conditions identified in the
inspection report and certify that the violations have been corrected. The certification
shall state that only those defects discovered by the Housing Code inspection and listed
on the inspection report have been corrected and that the certification does not
guarantee that all Housing Code violations have been corrected. Prior to the acceptance
of any offer, the developer shall deliver a copy of the certificate to the purchaser.
No developer, however, shall use the Building Officials certification in any advertising
for the purpose of inducing a person to purchase a condominium or cooperative unit.
(3) Disclosure Requirements: In addition to the disclosures required by
previous sections of this Ordinance, the developer shall make available at a -place on
the premises convenient to the tenants during normal working hours the following
information to prospective purchasers at least days before any purchase commitment
is signed, or, in the case of existing tenants, with the day notice provided in
paragraph 4(2) above: 1) copies of all documents filed with—any governmental agency
pursuant to the Horizontal Property Regimes Act(Chapter 64.32 RCW); 2) an itemization
of the specific repairs and improvements made to the entire building during the six
months immediately preceeding the offer for sale; 3) an itemization of the repairs and
improvements to be completed before close of sale; 4) a•statement of the services
and expenses which are being paid for by the developer but which will in the future
be terminated, or transferred to the purchaser, or transferred to the owners' association;
5) an accurate estimate of the useful life of the building's major components and
mechanical systems (foundation, exterior walls, exterior wall coverings other than paint
or similar protective coating, exterior stairs, floors and floor supports, carpeting in
common areas, roof cover, chimneys, plumbing system, heating system, water heating
appliances, mechanical ventilation system, and elevator equipment) and an estimate of
the cost of repairing any component whose useful life will terminate in less than five
years from the date of this disclosure. For each system and component whose expected
life cannot be accurately estimated, the developer shall provide a detailed description
of its present condition and an explanation of why no estimate is possible. In addition,
the developer shall provide an itemized statement in budget form of the monthly costs
of owning the unit that the purchaser intends to buy. The itemization shall include
but shall not be limited to: a) payments on purchase loan; b) taxes; c) insurance; d)
utilities(which shall be listed individually); e) homeowner's assessments; f) the projected,
monthly assessment needed for replacing building components and systems whose life
expectancy is less than five years; and g) a statement of the budget assumptions
concerning occupancy and inflation factors.
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(4) Warranty of Repairs; Set Aside for Repairs: Each developer shall warrant
for one year .from the date of completion all improvements and repairs disclosed
, pursuant to Section 5(3) of this Ordinance.
(5) Unlawful Representations: It shall be unlawful for any developer, agent,
or person to make or cause to be made in any disclosure or other document required
by this Ordinance, any statement or representation that is knowingly false or misleading.
It shall also be unlawful for any developer, agent, or other person to make, or-cause
to be made, to any prospective purchaser, including a tenant, any oral representation
which differs from the statements made in the disclosures and other documents required
to be provided tenants'and purchasers by this Ordinance.
(6) Purchaser's Right to Rescind: Any purchaser who does not receive the
notices, disclosures, and documents required by this Ordinance may, at any time prior
to closing of the sale, rescind, in writing, any binding purchase agreement without any
liability on the purchaser's part and the purchaser shall thereupon be entitled to the
return of any deposits made on account of the agreement.
(7) Delivery of Notice and Other Documents: Unless otherwise provided,
all notices, contracts, disclosures, documents and other writings required by this
Ordinance shall be delivered by registered or certified mail, return receipt requested.
The refusal of registered or certified mail by the addressee shall be considered adequate
delivery. All documents shall be delivered to tenants at the address specified on the
lease or rental agreement between the tenant and the developer or landlord. If there
is no written lease or rental agreement then documents shall be delivered to the
tenants' address at the converted building. In any sublet unit all documents shall be
delivered to the tenant at his current address, if known, and to the subtenant in
possession. If the tenant's current address is unknown, then two copies of all documents
shall be delivered to the subtenant, one addressed to the tenant and the other addressed
to the subtenant. Delivery of the day notice of intention to sell required by
Section 4(2) of the Ordinance, the developer's offer to sell, and all disclosure documents
shall be delivered to the tenants in a converted building at a meeting between the
developer and the tenants. The meeting shall be arranged by the developer at a time
and place convenient to the tenants. At the meeting the developer shall discuss with
the tenants the effect that the conversion will have upon the tenants. Should any
tenant refuse to acknowledge acceptance of the notice, offer and disclosures the
developer shall deliver the documents in the manner prescribed in this paragraph.
(8) Acceptance of Offers: Acceptance by tenants or other beneficiaries of
offers provided pursuant to this Ordinance, shall be in writing and delivered to the
developer by registered or certified mail, return receipt requested, postmarked on or
before the expiration date of the offer.
Section 6. Administration - Penalties - Severability:
(1) Administration: The Building Department is charged with the admin-
istration and enforcement of this Ordinance and is authorized and directed to adopt,
promulgate, amend and rescind administrative rules consistent with the provisions of
this Ordinance and necessary to carry out the duties of the Building Official hereunder.
(2) Complaints: Any person subjected to any unlawful practice as set forth
in this Ordinance may file a complaint in writing with the Building Department. The
Building Department is hereby authorized and directed to receive complaints and conduct
such investigations as are deemed necessary. Whenever it is determined that there
has been a violation of this Ordinance the Building Department is authorized, at its
discretion, to follow one or more of the following procedures:
(a) Attempt to conciliate the matter by conference or otherwise and
secure a written conciliation agreement.
(b) Refer the matter to the City Attorney for appropriate civil
remedies or criminal prosecution.
-6-
(3) Hardship Relief - Waiver: The City Council is authorized to waive strict
compliance with this Ordinance in specific individual instances where the developer
can show with clear, cogent and convincing evidence that: 1) the financial burden
required to comply would greatly outweigh the benefits and would create an unreasonable
hardship upon the developer; or 2) the units have been offered for sale as condominium
units prior to the effective date of this Ordinance and the developer has incurred
significant financial obligations with the intention of meeting such obligations with the
proceeds of the sale of such units, and the provisions of this Ordinance will prevent
meeting such obligation.
(4) Penalties: Any person who violates any provision of this Ordinance, fails
to comply with—t a-provisions of this Ordinance or who deliberately attempts to avoid
the application of this Ordinance may, upon conviction thereof, be punished by a fine
not exceeding $500. Each day's violation shall constitute a separate offense.
(5) Severability: If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent Jurisdiction, such portion shall be deemed a separate, distinct and
an independent provision and such decision shall not affect the validity of the remaining
portions thereof.
(6) Effective Date: This Ordinance shall take effect and be in force five
(5) days after the date of its publication in the manner provided by law.
PASSED BY THE CITY COUNCIL this day of , 1979
Delores A. Mead, City Clerk
APPROVED BY THE MAYOR this day of , 1979
Charles J. Delaurenti, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
-7-
CITY CLERK ' S OFFICE
INTER-OFFICE MEMORANDUM
TO: . ,
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DATE : '
FROM:
s US JE CT n. JTi.,onnrsic,a;
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99TF0 SEPSEM® Insufficient Address i ;s
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`� Yb Y %10 �l�h ;', A
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��� O/Loren E. 'Ma a ;
A�G1979 25947. 13th 1: S..
co �Erld EWE.
, Wa 98055
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O" G��/� G , ea -i icy /vo T/C f `3�` p vo G'os e 9 /dd- /�!!�i"lE'�Y
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Charles & Mary Moore Eric Walker / B & T C/onstt/ruction ����
'115 Burnett Ave. S 422 Mill Ave. S P.O. Box 143
Renton, WA 98055 A Renton, WA 98055 Renton, WA 98055 '�' '�'3�
Norman Schultz c/�'
534 Williams Ave. S Loretta M. Eid t/ `""�G Mr. & Mrs. Clyde Raub
Renton,Wa 98055 346 Garden Ave. N 447 Park N
Renton, WA 98055 Renton, WA 98055
Hayden Will i ams 4,,.,, �,1-s
P.O. Box. 13 4 v9 Thomas A. Koch �,„ 5 William Woods
Renton, WA 98055 17218 Renton, SE 98055o��c�'�1� Riverside
H.O. Fitzpatrick Renton, WA 98055:"z26-_--s9
3112 NE 14th Frank M. Hull /-'3
Renton, WA 98055 15480 SE Fairwood Blvd. Edward 0. Baicy BA'`'/ 5
Renton, WA 98055 2z6—�7" 20857 108th Ave. SE
Eugene M. R'i chards ,rt �''h , Kent, WA 98031 85.V Yg,ez-
7817 Sunnycr;est Rd.°1`/''' Audrey Biggins
Seattle, WA 98178 P.O. Box 2581 Karen Reiman
Renton, WA 98055 Jet Vista Apts.
Marion L. Busch �Sfryiae't 201 Taylor Ave. NW
312 Busch Place S Marguerite Kirkman „ Renton, WA 98055 z yr- y��
Renton, WA 98055 ev,�uo+4"` 431 Wells Ave. S �'`�y°
4 . Renton, WA 98055 Leonard E. Everett
Loren E. Maybay Taylor West Apts.
25947 13th P1 . S Gary E. Dime u i,,,Aide-��� 401 Tayor Ave. NW l°�
-Rern, WA 98055 927 N 1st > N Renton, WA 98055
'r`''� 3i " Renton, WA 98055 ,26 • ?
Earl Mann Ad"`6°' , ie Lei
10334 Rainier Ave. S A.L. Woods A/" n°" Hub ', er Park
Seattle, WA 98178 13032 80th Ave. S37 64 h s
Ric on, WA LZ6- -nton, WA •=055
Dixon Long .. --
131 Garden Ave. N Ervin Hunt cGS,..Jia Rose Marie Parker
Renton, WA 98055 '621 Shattuck S 1311 Jefferson Ave. NE
Renton, WA 980552.-ec.-3'6/ Renton, WA 98055
Sam S. Saday
4458 S 175th Keith Noess n,/a,4 Wi l geo Co.
Seattle, WA 98188 21210 4th P1 . S attn: William Fraser
Renton, WA 98055Q2 6rz Garden Ave. Apts.
Vukov Clinic 129 Garden Ave N
1011 S Second Street Faye Stromberg L-,("""'' Renton, WA 98055
Renton, WA 98055 1833 Camas Ave. NE
Renton, WA 98055 zz�"yz�8 Mrs. Art Swpansick ,t
James E. Guy s,', _e) -si.' Marie Paul Courts r,_ey� < V.t !
8226 S 114th Joan A. Fanning -1e,,V 247 Garden Ave ; -6.:-76
Seattle, WA, 98178 2021 Jones NE '�'� ;REnton, WA 98055
' Renton, WA 98055 z-- BOZO
Mehmet Uysal Mr. & Mrs. Harold E. Hoffman
527 Williams N Erwin J Fey ?�uy Rose Garden Apts.
Renton, WA 98055 8800 S 116th P1 . 802 Harrington Ave. NE
Seattle, WA 98178 ?zz-02e Renton, WA 98055 = z6-7°3?
Ty Galvin
812 S 4th John & Dawn Lashley. L.R. Lynch
Renton, WA 98055 8655 138th SE lee Sep'`'� Victoria Apts.
Renton, WA 98055 . i-°'8z 140 Hardie Ave.. SW
Renton, WA _ 98055 "'7-/1Ky
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In /'L �l�-/ ///d ia� /
Normar James R. VanOsdell Ronald R. 'Pow
Norman Schultz
540 Williams Ave. N. Sunset View- Honeydew Apartment "
Renton, Wa. 98055 �;G"`/8ot 3039 'NE 10th ST 1150 Union Ave. NE
Renton, Wa. 98055 /4 Renton, Wa. 98055 ;,ie-&-1"
Bill Schwartenberger - Harvey Steele
011lymce Apts . Magnuson Court Apts " Mrs. Agnes Shane "- ;
609 Shattack Ave. S . 211 Shattuck: Ave. S . Riviera, Apts Ofc'.
Renton, Wa. 98055 z '/y'o/ Renton, Wa. 98055L$r°7gG 2201 Maple Valley Hwy
Renton; Wa. 98055 zy6_t•
_Chester Ann King Apt'.. #1,01 Fred M. Scott •
ester Biggins-
Highlander - , Royal Hills Apt:
Chet 3',ig4ins Apt-S-'. 3-3 V-ue"mo"n-t—P-1:--NE" 3000 SE Royal Hills Dr.
.2.611 NE sunset---Blvd Renton, Wa. 98055 Renton, Wa. 98055 Yy� 8
Renton, Wa. 98G55 z3's"'6z ' ,7 yz , - 3z'/Auc, gQ
-de-A. x�Pj,3� vSFC-2 vete,
Gail Chambers Mr. & Mrs. Ober Christenson Ken Lapp
Sunset East Apts. ' Thunderhill Apts.
Herritage House" 4400 NE Sunset Blvd. 1099 Ethier Rd.
203 Meadow Ave. N. 93y� ��� z$Z7
Renton, Wa. 9805527 Renton, Wa. 98055 Renton, Wa. 98055
Eva F. Moreland Alma Akins Apt #105 Long
Chalet Apts. . Sky Lanai- 2800 N t.
606 Mill Ave . S . 360 Taylor Ave. NW on, Wa. 98
Renton, Wa. 98055 ���'�� REnton, Wa. 98055zs-3'-vz�'
Rose Marie Parker
Marjorie C. Schlichter Arlene Scalf 1311:-.Jef,ferson Ave. NE .
Cypress Pines Apt. . Misty Cove Apartments- Renton, Wa. 98055
1033 Sunset Blvd. NE 5021 Ripley Lane N. t7s7
Renton, Wa. 98055 "6-6. Renton, Wa. 98055 �z6
Marion L. Busch
Byronnel
Elinor N. Chum 3323 NE .12th St.
Eugene A. Thrasher ' Golden Pines Apts. Renton, Wa. 98055 .
Cortina Apts. 2901 NE 10th ST s-o5 �o
980 Edmonds Ave. NE Renton Wa. 98055ZS
Renton, Wa. 9805540 ' lliam H. Fr r
Gar pt.
129 den . N.
Kathleen Vail nton, Wa. 9 5
S . R. Hargraves
Riverview Apts . Renton Hills Apts
107 Main Ave. S . 1140 Edmonds NE
s,�pif Renton, Wa. 98055 ?-'
3`"` Norman Schultz
Renton, Wa. 98055z:4
541 Pelly Ave. N
Renton, Wa. 98055
James L. Robison
Willa Jane Rockhill Crestview Apts
Vuemont " 295 Lind Ave. SW L. Woods :,
Renton, Wa. 9 8 0 5 5 224-5 o Al- ..,,
351 Vuemont Pl. NE
Renton, Wa. 98055 z=`" 3"'' 359 acto ,4 „tve. N.
-nton, Wa. 9.,ie„
Delta Financial Services
•
Ingrid T. Sinclair Honeydew Too Apts.
Bronson Way Apts. 4311 NE Sunset Boulevard
270 Bronson Way N.
Renton, Wa. 98055 zzt�' aaoo
Renton, ;;Wa. 98055'-it z'
AnaLe Clark Catherine Botch
, The Benson' Bennett A t -
Janice Knapton P
Valle Vista Apts. 1425 S . Puget Dr.Po'
303 Park Ave. N.
�,, 962 Sunset NE Renton, Wa. 98055 zs<�JYS Renton, 4Jia. 98055 T'�� ` 2.61-/
,Renton, Wa. 98055z�e-"j4'7
Betty E. Mirguet Thomas A . Kerr
Parkside Apts Tolo Ap .0:ments--
900 N. 6th 9101-59 Steilacoom Rd. SE
u
Renton, Wa. 98055f- o67 Olympia, Oa. 989-5-5- ' &`"'
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Apartment Operators & Owners _
of Seattle & King County
616 4th W
Seattle, WA ; 98119
• John Goff !
4300 NE Sunset Blvd.
Springtree Apt.
Renton, WA '98055
=M#ke Poynter- -
16803- SE-254th•..
Kent, WA 98031
Caren Wharton
24532-35th Ave. S
Kent, WA 98031
Dennis Whalen
4308 NE Sunset
Renton, WA '98055
' Bob Kresge ,
4300 NE Sunset Blvd.
ri
Renton, WA 98055
Edwin C. Johnson
, 4300 NE Sunset Blvd.
Renton, WA ',98055
1
= Lyle Wallace
4300 NE Sunset Blvd.
Renton, WA ;98055
Barry McClenton
4308 NE Sunset Blvd.
Renton, WA 198055
Denise Heath
i Q 4300 NE Sunset Blvd.
LRenton, WA !98055
NOTICE
RENTON CITY COUNCIL
CONTINUED
ON AUGUST 27, 1979 AT 8:00 P. M.
(CONTINUED FROM AUGUST 13, 1979)
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
200 MILL AVENUE SOUTH
f?GrTHE vorameoP REsincIAL iRE TALPUNIfiS°SO CONDOMINIUMS'ORECOOPERATIVEOUSIPROVIDINGGULAT-
PROTECTIONS FOR TENANTS AND PURCHASERS IN CONVERTED BUILDINGS:. ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS,
GENERAL LOCATION OF SUBJECT PROPERTY:
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
Date of Publication: 8/17/79
(Complete legal description &further information available in the City Clerk's Office - 235-2500.
The removal, mutilation, destruction
a r n ' n , or concealment of this notice is a mis-
demeanor punishable by fine and
imprisonment.
NOTICE
• :
RENTON CITY COUNCIL
CONTINUED "
PUBLIC HEARING
ON AUGUST 27, 1979 AT 8:00 P M
(CONTINUED FROM AUGUST 13, 1979)
7...
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
H . 200 MILL AVENUE SOUTH
Fir TV%iiitffinoleOFIRESigifiRriNTRLRJrNIPS6?MON(filartg,OrrIElgAIGIATTfiivEU;SIN471.illiltrULAT-
PROTECTIONS FOR.TENANTS AND PURCHASERS,IN CONVERTED BUILDINGS:. ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSIONDISPACEMENT; ANDPROVIDING PENALTIES FOR VIOLATIONS.
GENERAL LOCATION OF SUBJECT PROPERTY:
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
•
Date of PiblicatiOn: 8/17/79
(Complete legal description &further information available in the City Clerk's Office - 235-2500)
The remelted, mutilation, dolltructien
givma'm
or concealtnent of this nOtice is a mis- •
• demeanor pOnishable by fine and
warnin imprisonnient.
, •
• , = " " "
U
I It \
RENTON CITY COUNCIL
Regular Meeting
August 13, 1979 Municipal Building
Monday, 8: 00 P . M. Council Chambers
MINUTES
CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the
flag and called the Renton City Council meeting to order.
ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE,
COUNCIL GEORGE J. PERRY, EARL CLYMER, THOMAS W. TRIMM. MOVED BY SHINPOCH,
SECOND TRIMM, EXCUSE ABSENT COUNCILWOMAN PROCTOR. CARRIED.
CHARLES SHANE arrived at 8:20 p.m.
CITY OFFICIALS C.J. DELAURENTI, Mayor; GWEN MARSHALL, Finance Director; LAWRENCE
PRESENT WARREN, City Attorney; DEL MEAD, City Clerk; GORDON Y. ERICKSEN,
Planning Director; JOHN WEBLEY, Parks and Recreation Director;
SHARON GREEN, Personnel Director; RICHARD HOUGHTON, Public Works
Rep.; JAMES MATTHEWS, Fire Dept. Rep. ; CAPT. WM. BOURASA, Police
Department Rep.
PRESS GREG ANDERSON, Renton Daily Record Chronicle
MINUTE APPROVAL MOVED BY SHINPOCH, SECOND TRIMM, APPROVE COUNCIL MINUTES OF
AUGUST 3, 1979 AS WRITTEN. CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted,
Proposed) published and mailed according to law, Mayor Delaurenti opened
Condominium the public hearing to consider proposed ordinance regulating
Conversion conversion of residential rental units to condominiums and
Ordinance providing protection for tenants and purchasers. Planning and
Development Committee Chairman Perry explained the proposed
ordinance. Moved by Clymer, Second Perry, to close the public
hearing. Henry Dean, Attorney, 1700 Peoples Natl . Bank Bldg. ,
Seattle, requested more time to review the entire ordinance.
Continued Public Following discussion, SUBSTITUTE MOTION BY PERRY, SECOND SHINPOCH,
Hearing = Aug.27th TO CONTINUE THE PUBLIC HEARING FOR TWO WEEKS, TO AUGUST 27th.
CARRIED. (Ord. to be mailed to REMI, rental landlords and tenants. )
AUDIENCE'' COMMENT Sandy Webb, 264 Chelan Ave. SE, urged the City to enforce the
Signs sign code concerning political signs.
City Water Ernest Lobe, 2709 Talbot Rd. , requested City check on use of
City water by building contractors at no charge. Mayor
noted address would be given to engineering and investigated.
Recess MOVED BY SHANE, SECOND SHINPOCH, COUNCIL RECESS. CARRIED. Council
recessed at 8:40 p.m. and reconvened at 9:00 p.m. Roll Call -
All council members present.
Executive MOVED BY SHINPOCH, SECOND STREDICKE, COUNCIL HOLD EXECUTIVE
Session r SESSION TO DISCUSS LABOR NEGOTIATIONS. CARRIED. 9:00 p.m. and
reconvened at 10:12 p.m. Roll Call - All council members present.
OLD BUSINESS
Planning) & Planning and Development Committee Chairman Perry presented report
Development noting its review of the Floyd Bailey letter, referred 5/14/79, and
Committee its referral to the Planning Director for response due to its
Floyd Bailey Letter comprehensive nature. For information only.
Interpace Corp. - Planning and Development Committee report recommended that the
Appeal/Renton appeal of Interpace Corporation; re Renton Hill Rezone (R-219-78) ,
Hill Rezone be denied and that the Hearing Examiner's recommendation of approval
R-219-78' with conditions. MOVED BY PERRY, SECOND CLYMER, TO CONCUR IN THE
COMMITTEE RECOMMENDATION AND REFER TO THE WAYS AND MEANS COMMITTEE.
CARRIED.
Renton City Council
8/13/79 Page 2
Ordinances &Resolutions
ORDINANCES AND RESOLUTIONS
Ways and Means The Ways and Means Committee recommended the following Ordinances
Committee Report for first reading:
Appropriating Ordinance was read appropriating funds to provide for the payment
Funds-Relocating of relocating a light standard in the amount of $1,614.00.
Light Standard MOVED BY CLYMER, SECOND PERRY, TO REFER BACK TO THE WAYS AND
MEANS COMMITTEE. CARRIED.
Cabaret Ordinance was read amending City Code relating to routine inspection
Ordinance of cabarets and investigation of complaints. MOVED BY CLYMER,
SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE.
CARRIED.
Alley Vacation- Ordinance was read vacating a portion of alley between SW 12th
Between SW 12th & St.and SW 13th St. as petitioned by Mr. Pierotti . VAC-14-79.
13th Sts. MOVED BY CLYMER, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS
VAC-14-79 COMMITTEE. CARRIED.
The Ways and Means Committee recommended the following Ordinances
for second and final readings:
ORDINANCE #3344 Ordinance was read changing the zoning classification of
First City certain properties within the City from general classification
Equities Rezone district (G) to manufacturing park district (M-P) , First City
R-328-79 Equities, R-328-79. Property located, west of Powell Ave.. SW and_
west/north of SW 7th Ave. between Grady Way on the south and
the Milwaukee Railroad on the north and proposed P-1 channel
(includes Earlington Golf Course area) . MOVED BY CLYMER, SECOND
SHANE TO ADOPT THE ORDINANCE AS READ.ROLL CALL: ALL AYES. CARRIED.
ORDINANCE #3345 Ordinance was read approving and confirming the assessments and
Approving and assessment roll of LID 309 for the improvement of a certain area
Confirming Final in the vicinity of Monterey Terrace, by doing all work necessary in
Roll - LID 309 connection therewith, levying and assessing the amounts therefor
Monterey Terrace- against the several lots, tracts, parcels of land and other property
Underground Power as shown on the assessment roll as confirmed by the City Council ;
and Other Utility and providing for payment of such assessments into the Local
Lines Improvement Fund, District No. 309 as created by Ordinance #3221.
MOVED BY CLYMER, SECOND SHANE TO ADOPT THE ORDINANCE AS READ.
ROLL CALL: ALL AYES. CARRIED.
The Ways and Means Committee recommended the following Resolutions
for adoption:
RESOLUTION #2288 Resolution was read approving Koll Business Center Final Plat.
Koll Business • FP-362-79. Property located Block 3, Burlington Northern Orillia
Center - Final Industrial Park of Renton Div. 1. MOVED BY CLYMER, SECOND SHANE,
Plat FP-362-79 TO ADOPT THE RESOLUTION AS READ. CARRIED.
RESOLUTION #2289 Resolution was read requesting the Washington State Department
Regional Traffic of Transportation to, conduct a regional traffic study. MOVED
Study BY CLYMER, SECOND SHANE, TO ADOPT THE RESOLUTION AS READ.
CARRIED. Councilman Stredicke voted no.
Voucher Approval Ways and Means Committee report recommended approval of Vouchers
No. 24273 through No. 24497 in the amount of $528,835.11. (Voids
#24268 - 24272) L.I .D. #302 Revenue Warrant, R-41, $257,545.65;,
Cash Warrant, C-98, $244,895.03; Cash Warrant, C-99, $12,650.62.
LID #307, Revenue Warrant, R-6, $1,557.90; Cash Warrant, C-7.
$1,557.90. MOVED BY CLYMER, SECOND SHANE TO APPROVE THE VOUCHERS.
CARRIED.
OF R��
U t$ '0 OFFICE OF THE' CITY ATTORNEY s'RENTON,WASHINGTON
POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 a
O - m LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOG ASSISTANTOLTY�ATTORNEY
CO' \ ®� e l 0°�fi
9,0 g .C� �tM
0i',4 SEP ,f, July 11., 19 7 9 ���'� i�.
Fp ZE tit." .,
y
TO : Del Mead,' City Clerk � � '- �
1
1 LA
,d / J ,d • 9• ,..,�,„
FROM: . Lawrence J. Warren, City Attorney ()/dAA s
kJ' .r°�
Re : Condominium Ordinance '� .,,�''r
OW'
Dear Del: ;1;�
Enclosed please find enclosed the origin4 of a proposed
Ordinance relating to housing and regul tng the conversion
of residential rental units to condominus or cooperatives .
� a .
/ d
9
L wrence Warren
LJW:nd
Encl. ,
, cc: Ways and Means Committee F.
Planning and Development Committee
Mayor
Council President
Gordon Ericksen �. +
I Chief Giessler
I Warren Gonnason
Ron Nelson f
TO: , DATE:
FROM: CITY CLERK'S OFFICE
SUBJECT: fopootAi!1 ow'w,r ,
Please furnish tne following to the City Clerk's Office:
Certification of Posting Legal Description
Certification of Valid Petition Map
Deed Pro Rata Share of Costs
Easement Restrictive Covenants
THANK YOU! Requested by:
�© NI.)0 C n n-��r 5 I o n
,
i
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING ss.
T�ieresa...3koi�zrl
being first duly sworn on
oath,deposes and says that he...is the n.eZ.i:...tat r k: of
THE RENTON RECORD-CHRONICLE, a newspaper published four(4) _ '
times a week.That said newspaper is a legal newspaper and it is now and
has been for more than six months prior to the date of publication referred
to, printed and published in the English language continually as a news- _
paper published four(4)times a week in Kent,King County,Washington, r , °,1" -
and it is now and during all of said time was printed in an office maintained REND p®N CITY
at the aforesaid place of publication of said newspaper.That the Renton COUNCIL,'fPUBLIC ti':.)
Record-Chronicle has been approved as a legal newspaper by order of the HEARING ON'AUGUST,'.
Superior Court of the County in which it is published,to-wit,King County, 13, 1979AT;`t%,
8:00 P.M. RENTON
MUNICIPAL'BUIIJING
Washington.That the annexed isa...E].1b.1,1C••.Hea ang COUNCIL CHAMBERS ..
200 MILD"' Y
AVENUE•SOUTH-��-=
For the purpose of,conside'
ering a proposed ordina""nc`e :'
as it was published in regular issues(and relating to housing and re-;
not in supplement form of said newspaper) once each issue for a period gulating the conversion of;;,
residential rental,,units{to
condominiums:or-coo,°.a-°
fives; proyidingv}p•rotecttons'w
of consecutive issues,commencing on the for tenants and purchasers°'
in converted`#tiuiliii�g "
adopting measure§ to miti ';
•
..2.7 ....day of.... ,19.... . . .,and ending the gate the adverse ®ffe its off`
' ...duly co conversion ,dis I,acement;:
and providing`,penalties: '`•
violations. �`:,
dayof - ,19 both dates GENERAL LO;G_A1ION.i
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee 1 Within corporate Iimits_of.
the City of.Renton� _ ?
Published;in the Daily Re
charged for the foregoing publication is.the sum of $..1.�-!•.•.9.1 which { cord Ch, oracle -
has been paid in full at the rate of per folio of one hundred words for the 1979:.;R5�698 os . e
first insertion and per folio of one hundred words for each subsequent L_ .i : _,- , :i<:
insertion.
. ..... 40_1:, Okiea. ' -1e.r�,c
Subscribed and sworn to before me this 3.0 •
day of
July , 19..79.
. . ... . . . . ..
I Notary Pub is i and for the tate of Washingto ,
, residing at Kent,King Cou y.
I _
—Passed by the Legislature,1955,known as Senate Bill 281,effective June
9th, 1955.
—Western-Union-Telegraph Co. rules-for-counting words and figures,
adopted by the newspapers of the State.
V.P.C.Form No.87
/ eent44 l_pioz„,
nton City Council
'23/79 Page 3
ecess' MOVED BY PERRY, SECOND SHANE, COUNCIL RECESS. CARRIED.
' 10:38 p.m. Mayor Delaurenti explained an early morning appoint-
ment, turned the meeting over to Council President Shinpoch and
Mayor Pro tem left the Chambers. The Council meeting reconvened at 10:47 p.m.
Shinpoch Roll : Council Members present as previously shown except Council-
man,Shane returned to the Chambers at 10:55 p.m.
-
ORDINANCES AND RESOLUTIONS
Ordinance Ways and Means Committee Member Perry requested public hearing
Regulating regarding conversion of apartment houses to condominiums. MOVED
Condo Conversions PERRYi SECOND TRIMM, SET HEARING AUGUST 13, 1979. CARRIED.
Ways and Means Ways and. Means Committee report recommended second and final
Committee Report readings for the following ordinances which had been on first
reading July 9, 1979:
Ordinance #3337 An ordinance was read rezoning. property from R-2 to R-3 located
Brown Rezone at the SE corner of NE llth P1 . and Kirkland NE, known as the
Brown Rezone R-336-79. MOVED BY TRIMM, SECOND PROCTOR, ADOPT
THE ORDINANCE AS READ. ROLL CALL: 6-AYES: SHINPOCH, SHANE,
TRIMM, CLYMER, PERRY, PROCTOR, STREDICKE. CARRIED.
Ordinance #3338 An ordinance was read rezoning property from G to L-1 located
Pre-Cut' at the southwest corner of SW 13th St. and Seneca SE, known
International as the Pre-cut International of Washington. MOVED BY PERRY,
SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES.
CARRIED.
Ordinances The Ways and Means Committee recommended the following ordinances
First Reading for first reading:
Ordinance #3339 An ordinance was read confirming assessments for LID 284, sewers
LID 284! Final in area of Jones Ave. NE between NE 40th and NE 44th with 7 3/4
Jones Ave. NE per cent per annum interest. Robert A. and Clarissa M. Fawcett
Sewers ; protested. MOVED BY PERRY, SECOND SHANE, SUSPEND RULES AND
ADVANCE TO SECOND AND FINAL READINGS. CARRIED. Following read-
; ing, MOVED BY PERRY, SECOND TRIMM, ADOPT AS READ. ROLL CALL:
ALL AYES. CARRIED.
Ordinance #3340 An ordinance was read appropriating funds in amount of $4,500
Appropriation & from unanticipated revenue for payment of stained glass window
Transfer - Stained for the new Senior Center. MOVED BY PERRY, SECOND TRIMM,
Glass Window SUSPEND RULES AND ADVANCE TO SECOND AND FINAL READINGS. CARRIED.
Following readings, MOVED PERRY, SECOND TRIMM, ADOPT AS READ.
ROLL CALL: ALL AYES. CARRIED.
Ordinance #3341 An ordinance was read vacating a portion of Lakeview Ave. and
Street Vacation Renton Ave. between NE 4th St. and NE 5th Place as petitioned
Lakeview and by Wall and Redekop and Swartfager. MOVED BY PERRY, SECOND SHANE,
Renton at NE 4th SUSPEND RULES AND PLACE FOR SECOND READING. CARRIED. Following
reading, it was MOVED BY PERRY, SECOND TRIMM, ADOPT AS READ.
ROLL CALL: ALL AYES. CARRIED.
Ordinance #3342 An ordinance was read making it unlawful for any person in charge
Children in Vehicle of a vehicle to leave children under the age of eight years un-,
Unattended attended or under age of twelve years if in a tavern or where
alcohol dispensed and requiring securing of vehicles. MOVED BY
PERRY, SECOND SHANE SUSPEND RULES AND ADVANCE TO SECOND AND FINAL
READINGS. CARRIED. Following readings, MOVED BY PERRY, SECOND
PROCTOR, ADOPT AS READ'. ROLL CALL: ALL AYES. CARRIED.
The Committee recommended the following resolutions for reading
and adoption:
Resolution #2284 A resolution was read setting public hearing 8/20/79 re vacation
Alley Vacation of alley between N. 35th and N. 36th Streets, east of Burnett N.
N. 35th and 36th petitioned byBrown/Strand -a,nd set public hearing 8/20/79. MOVED BY
(VAC-.13-79) TRIMM, SECOND SHANE, ADOPT THE RESOLUTION AS READ. CARRIED.
Resolution #3.385 . A resolution was read supporting the President's national plan
Energy Conservation and effort for energy conservation as beneficial to the citizens
of the United States. MOVED BY TRIMM, SECOND SHANE, ADOPT THE
RESOLUTION AS READ. CARRIED.
Renton City Council
7/23/79 Page 4
Ways and Means The Ways and Means Committee reported that the Finance and
Committee Report Utility Departments have provided them with estimates from 181
Utility Tax questionnaire responses which had been mailed to 310 utility
(Referral of 6/18) customers. The report stated the average savings for low-income
elderly would amount iro $41.58 per year. This would result in
a reduction to the Current Fund revenue of approximately
$12,000 per year. MOVED BY STREDICKE, SECOND TRIMM, REFER TO
ADMINISTRATION FOR IMPLEMENTATION PRIOR TO NEXT YEAR'S BUDGET.
CARRIED.
Board of Ethics The Committee report recommended that the Board of Ethics ordinance
be referred to the Administration for review. MOVED BY PERRY,
SECOND TRIMM, CONCUR IN RECOMMENDATION. CARRIED.
Voucher Approval The Ways and Means Committee recommended approval of Vouchers
No. 24064 through No. 24267 in the amount of $584,625.88 having
received departmental certification as to receipt of merchandise
and/or services. Approval also included LID #302 Revenue Warrant
R-40 in amount of $70,774.34, plus Cash Warrant C-95 $64,447.74
C-96 $6,129.60, C-97 $197.00; plus LID #307 R-5 $1 ,613.29 C-6
$1 ,713.29. MOVED BY SHANE, SECOND TRIMM, CONCUR IN REPORT.
CARRIED.
CONSENT AGENDA The following items are adopted by one motion which follows the
items included.
Fire Station Bid opening July 18, 1979 Landscaping for the Main Fire Station
Landscaping No. 11 located at Mill Ave. S. and S. 2nd St. ; seven bids
received. See attached tabulation. Refer to Public Safety
Committee.
Highway Annual certification from the State Department of Transportation
Certification regarding State Highway Routes including transferred routes,
limited access routes and certifications as required by state
law. Refer to Public Works Department.
Consent Agenda MOVED BY TRIMM, SECOND PERRY, APPROVE, THE CONSENT AGENDA. CARRIED.
Approval
CORRESPONDENCE Letter from Renton Police Officers Guild, James Foust, President,
Historic Building presented a resolution declaring the building on Lots 18 and 19,
Declaration Block 9, Town of Renton, a "Historic Building" (located at 1025
South 3rd St. ) The letter told the history of the building which
(Former Puget Power was built in 1898. The Snoqualmie Falls Power Co. Sub-Station
and then Holmes No. 2 is the oldest brick building in Renton and served as a
Electric Building receiving and switching station for electricity from Snoqualmie
at Mill Ave. S. Falls, Washington's first hydroelectric plant. The letter
and S. 3rd St. ) requested the declaration to establish historical value and to
allow restoration under the "Historic Buildings" Section of the
Uniform Building Code. MOVED BY PERRY, SECOND SHANE, COUNCIL CON-
CUR AND REFER TO NAYS AND .MEANS COMMITTEE. It was noted that
arrangements are being made by the Police Guild to rent the build-
ing to the Renton Area Youth Services. MOTION CARRIED.
NEW BUSINESS Councilman Shane requested the Mayor's Office advise what services
received from King County for tax monies received.
ADJOURNMENT MOVED BY TRIMM, SECOND SHANE, COUNCIL MEETING ADJOURN. CARRIED.
11 :25 p.m.
Delores A. Mead, C.M.C.
City Clerk
6 . •.,
NOTICE
•
. "
• RENTON CITY COUNCIL
, .
PUBLIC HEARING
. .
. . .
ON AUGUST. 13, 1979 AT 8:00 P.M.
-• • • .
. RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
. .
• , • •
200 MILL AVENUE SOUTH .
For the purpose of
considerin a pto_posed ORDINANCE,:RELATING..TO HOUSING AND REGULAT-
NG,THE CONVERSION OF RESIDENTIAL RENTAL UNITS TO CONDOMINIUMS OR COOPERATIVES; PROVIDING
PROTECTIONS FOR TENANTS AND PURCHASERS, IN, CONVERTED:BUI0114pS; ADOPTING MEASURES TO,MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT;. AND PROVIDING PENALTIES FOR VIOLATIONS.
GENERAL LOCATION OF SUBJECT .PROPERTY:
•
WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
- - - - -
• r
• _ ,
Date of Publication: 7/27/79
(Complete legal description &further information available in the City Clerk's Office - 235-2500)
-- a,
CERTIFICATION
- •
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I , L es)ie, L.. -PhIllips hereby wIiiyorat
Twenfy Five
2O copies of the above notice were psted by me in 6442vbr more consptcuous
places on the property described and two copies were posted at the Renton
Municipal Building, 200 Mill Ave. South, Renton, WA on date of.JiJ)y 31
Signe. .41,44.0400 '
ATTEST:
•
Notary Public ily ;ande,for the State of
Washington,-,:residthgAn Renton
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TO: DATE: -,:;
FROM: CITY CLERK'S OFFICE
SUBJECT: rnt 6�rr1 v
Please furnish the following to the City Clerk's Office:
Certification of Posting Legal Description
Certification of Valid Petition Map
Deed Pro Rata Share of Costs
Easement Restrictive Covenants
THANK YOU! Requested by: SW;gro P . ,
N TICE
RENTON CITY COUNCIL
PUBLIC
HEARING
ON AUGUST 13, 1979 AT 8: 00 P. m.
RENTON MUNICIPAL BUILDING COUNCIL CHAMBERS
200 MILL AVENUE SOUTH
For the ur ose of considering a proposed ORDINANCE, RELATING TO HOUSING AND REGULAT-
ING THE CONVERSION OF RESIDENTIAL RENTAL UNITS TO CONDOMINIUMS OR COOPERATIVES; PROVIDING
PROTECTIONS FOR TENANTS AND PURCHASERS IN CONVERTED BUILDINGS; ADOPTING MEASURES TO MITIGATE
THE ADVERSE EFFECTS OF CONVERSION DISPLACEMENT; AND PROVIDING PENALTIES FOR VIOLATIONS.
GENERAL LOCATION OF SUBJECT PROPERTY:
'WITHIN CORPORATE LIMITS OF THE CITY OF RENTON
Date of Publication: 7/27/79
complete legal description &further information available in the City Clerk's Office - 235-2500
•Wa ng : The removal, mutilation, destruction
rn ' mis-
demeanor punishable by fine and
imprisonment. ���
_. ; — — —
- f
,
r B E IT ORDAINED BY' 1rmiiext -
CITY OF.
RENTON, THE CITY COUNCIL OF (hi ow:v :•�,.:'.mean ",:;,
+,THE'CITY,-"OF. RENTON ! acce ance ;.•,,?:i`oir;;.o tr:
WASHINGTON ,W A S H I N G T 0 N,, AS r' purchase -t J r ita! or c>n-_
Affidavit of Publ�calion RENTON,
FOLLOWS: • r dominium unit provided'that
NO.3326 I_ p
AN ORDINANCE OF SECTION I:.Definitions: the sale of an entire building
THE CITY OF RENTON, The following terms used in shall not be considered a
STATE OF WASHINGTON WASHINGTON DEC-_ ' this Ordinance,shall have" . sale for the purpose of this
COUNTY OF KING ss LARING A HOUSING the meaning set forth below: Ordinance.
EMERGENCY AND IM- ' i • (a)Condominium Building (i)Tenant means any per
P 0 -S I N G A means a building in which' ,' son occupying or holding
MORATORIUM ON THE the owner of one or more f possession of a building or
m. CONVERSION OF RE- dwelling units:is entitled to any portion thereof for pur-
r� being first duly sworn on NTAL UNITS TO CON- the exclusive ownership and '; poses of habitation pursuant
D.O M I N I U M S, AND possession of his or her unit ; to a lease or rental agree-
PROVIDING PENAL- and has the common right to, ! mont.
oath,deposes and says that., is the of I share, with other unit,own-I ' SECTION II: From the
w_ c� �"Lf ; y� ( TIES FOR VIOLATIONS ers, the common area and i'e THE RENTON RECORD-CHRONICLE, a newspaper published four(4) + WHEREAS, the vacancy effective date of this Ordi-
times a week.That said newspaper is a legal newspaper and it is now and rate for rental units in the facilities,or which.is govern- r±ance until October 1,1979,
has been for more than six months prior to the date of publication referred City of Renton is between ed by the Horizontal Proper-; it shall be unlawful for any
to, printed and published in the English language continually as a news- (((one and two percent;and ty Regimes-Act (RCW,: , person to convert a rental
paper published four(4)times a week in Kent,King County,Washington, j WHEREAS, 'projections I 64.32)•' • ! unit to a condominium,or to
and it is now and during all of said time was printed in an office maintained indicate no increase in the 1 (b)Condominium Conver=•', i sell or offer for sale any '
at the aforesaid place of publication of said newspaper.That the Renton i vacancy rate in the foresee- I EE sion means the filing of al rental unit or condominium '
Record-Chronicle has been approved as a legal newspaper by order of the .able future;and + f declaration of condominiurtt i unit where such rental unit '
Superior Court of the County in which it is published,to-wit,King County, ,WHEREAS,.:there has ! ' as provided by the Horizon-, was'rented as of July 2,
been a substantial increase ; I tal Property Regimes" Act I ). 1979.
in the number and percen- (RCW 64.32);on a building i; SECTION III:- Exception:
Washington.That the annexed is a •" j;: tage of rental units vert- y which prior to July 2, 1979 i The,{equirements of Section
ed to condominiums in the contained one or more rental E ? II of this Ordinance shall not
past eighteen months;and units. apply to (a) condominium
WHEREAS, there has (c) Condominium 'Unit I, ; units' or rental units which
+ been a substantial increase shall mean'a single unit in a , ; havc:anot been occupied by a
as it was published in regular issues(and + in the number and percen- ! Condominium Building. tenant; since July 2,1979,or
not in supplement form of said newspaper) once each issue for a period tage at condominium decla- (d) Offer for Sale shall.a {b}, rental units where an
rations filed in the last six mean any advertisement,in c owner can show,with clear,
i months;and , 1{ ducement,solicitation,or at- i , cogent and convincing ell-
WHEREAS, the conver- . tempt to encourage any per. ' dence, that (1) the units
of 1 consecutive issues,commencing on the sion of rental units to con- son to purchase,an indentifi- ' have been sold or offered for
dominiums reduces the I able condominium unit. sale as condominium units
day of 19 ' Cl number of available rental (e)Owner means the per-` prior to-July 2, 1979, or(2)
Y k.,..yZ ,and ending the units In a rental market with son or persons, Who have that he or she prior to July 2,
an extremely low'vacancy, title to or a beneficial interest 1979,Incurred significant fi-
in any existing building de- , I nancial obligations with the'
i rate;and
,19 both dates i WHEREAS, the signed or intended to be ' intention of meeting such
conver-
dayof , 'used for human habitation., j obligationspro-
inclusive, and that such newspaper was regularly distributed to its sub- I sion of rental units to con- iaot ale the
scribers during all of said period. That the full amount of the fee dominiums is causing se- (i Person'Includes any and fthes si of onsh®units,
individual,corporation, art-
vere hardship for tenants, �° p and the provisions of this
especially the, elderly and Warship,association,trustee" Ordinance will prevent him
charged for the foregoing or other legal-entity. or her from meeting
g g g publication is the sum of $ , which those with low and moderate such
has been paid in full at the rate of per folio of one hundred words for the incomes who are displaced (9)Rental Unit means any obligations; or' (3) con-
first insertion and per folio of one hundred words for each subsequent dwelling unit as defined in dominium units or rental un-
4 by conversion of their apart- RCW 59.18.030 (1) which
insertion. m ants to condominiums, ;•its which are offered for sale
and viho are at least able to has been occupied since, i and sold to the tenant oc-
Jul 2,1979,under a rental
• 1 cope with the housing shor- y cupying such unit on July 2,
tags;and agreement, express or 1979.
' WHEREAS, in some - - SECTION IV: Penalty:
;i.;i ,..... :1, r.. cases tenants are entering Commission of the act made
into rental agreements only unlawful by Section II of this
1to find within-a tow-days that --_--_--.u= _--- ----t_ Ordinance shall constitute a
Subscribed and sworn to before me this .6 dayof 1 the. rental unit has been violation subject to the provi-
converted to a condominium sions of Section 204 of the
and their tenancy is being Unifrom Housing Code(Title ##+
''•-1 Vr , 19.y�•;;•• terminated and 4,Chapter 9,of the Code of, I
WHEREAS, many pur- _ General Ordinanced of the
chasers of condominium un- City of Renton. Any person
I its which have been convert- convicted thereof may !tie.
Notary Pub is ' and for the State of Washi ton, ed from rental units are not punished by a civil fine.or
residing at Kent, King unty. ' familiar with the unique as- forfeiture not to exceed Five
pects of-the construction of Hundred Doll a r,e s.
condominiums and the ($500.00).Each day's viola-
—Passed by the Legislature,1955,known as Senate Bill 281,effective June characteristics of con- lion shall constitute a sepa-
9th, 1955. - dominium ownership;and rate offense.
WHEREAS, purchasers SECTION V: Effective
, —Western Union Telegraph Co. rules for counting words and figures, of condominium converted Date.The City Council finds
adopted by the newspapers of the State. units are investing their fi- that the conditions set forth,,,
name! resources into a In the"WHEREAS"clauses
toriii' of home ownership above, which are incorpo-
which is uniquely subject to rated herein by reference;
• the danger of destruction by ,are true and correct in all-•
fire, and there is a grave respects,and that in view of
need for,the-installation.of the conditions cited, above
V.P.C.Form No.87 adequate fire alarm and pro that it is therefore necessary
tection system;and 1 for the preservation of public
_ _ - WHEREAS, '-it is neces-- - peaoe,,,,health, and safety
sary to review'these prob- it::*::^n_ilati the .;r•
lams in order la devise ads- + sion of.`ental units to con-
quate regulations'. to al- i•iiomini:rris by immediately
leviate such hardship;and . implemented and that this
WHEREAS, 'it is antici- Ordinance take,effect with-
pated that there will be at- ,out delay. By reason of the
tempts to convert rental un- facts set forth in this Section
its to condominiums during an emergency is declared to
the review period so as to exist. This Ordinance.shall
avoid the impending regula- take effect and be in force
lions;and and effect upon its passage,
WHEREAS, this rush to approval and five days after
convert existing rental units its'publication.
•to condominiums will have a PASSED BY THE CITY
an COUNCIL this 2nd.,
detrimental effect on a
ready critical situation,'thus July, 1979.
diminishing the effective- Delores A.Mead,
ness, of 'any regulatory City Clerk..
scheme devised;•and APPROVED BY THE
WHEREAS,it is the inter- MAYOR this 2nd day of July,
lion of the City Council'of tie 1979. -
City of Renton.to provide a' Charles J. Delaurenti,
moratorium period in which Mayor
to carefully develop and Approved as to form
adopt regulations governing Lawrence J.Warren
the conversion of rental units City Attorney
. to condominiums, and to Published in the Daily Re-
end such moratorium period cord Chronicle July 6,1979.
as.soon assuch,regulations R5646 ,
are adopted;NOW THERE- -_ ---- _--- -
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 3326
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
DECLARING A HOUSING EMERGENCY AND IMPOSING A
MORATORIUM ON THE CONVERSION OF• RENTAL UNITS
TO CONDOMINIUMS, AND PROVIDING PENALTIES FOR
VIOLATIONS
WHEREAS, the vacancy rate for rental units in the City of
Renton is between one and two percent; and
WHEREAS, projections indicate no increase in the vacancy
rate in the foreseeable future; and
WHEREAS,there has been been a substantial increase in the
number and percentage of rental units converted to condominiums in
the past eighteen months; and
WHEREAS, there has been a substantial increase in the number
and percentage of condominium declarations filed in the last six
months; and
WHEREAS, the conversion of rental units to condominiums
reduces the number of available rental units in a rental market with
an extremely low vacancy• rate; and
WHEREAS, the conversion of rental units to condominiums is
causing severe hardship for tenants, especially the elderly and those
with low and moderate incomes who are displaced by conversion of
their apartments to condominiums, and who are least able to cope with
the housing shortage; and
WHEREAS, in some cases tenants are entering into rental
agreements only..to find within a few days that the rental unit has
been converted to a condominium and their tenancy is being terminated;
and
WHEREAS, many purchasers of condominium units which have been
converted from rental units are not familiar with the unique aspects
of the construction of condominiums and the characteristics of
condominium ownership; and
WHEREAS, purchasers of condominium converted units are =
•
investing their financial resources into a form Of home ownership
which is uniquely subject to the danger of destruction by fire, and
there is a grave need for the installation of adequate fire alarm and
protection systems; and
WHEREAS, it is necessary to review these problems in order '
to devise adequate regulations to alleviate such hardship; and
WHEREAS, it is anticipated that there will be attempts to
convert rental units to condominiums during the review period so as
to avoid the impending regulations; and
WHEREAS, this rush to convert existing rental units, to
condominiums will have a detrimental effect on an already critical
situation, thus diminishing the effectivness of any regulatory .
scheme devised; and
1
WHEREAS, it is the intention of the City Council of. the City
of Renton to provide a moratorium period in which to carefully
develop and adopt regulations governing the conversion of rental
units to condominiums, .and to end such moratorium period as soon as
such regulations are adopted.; NOW THEREFORE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON
•
WASHINGTON, AS FOLLOWS: • .
SECTION I: Definitions: The following terms used in this
Ordinance shall have the meaning set forth below:
(a) Condominium Building means a building,in which the
owner of one or more dwelling units is entitled to the exclusive
ownership and 'possession of his or her unit and has the common right
to, share, with other unit owners, the common area and facilities, or
which is governed by the Horizontal Property Regimes Act (RCW 64.32) .
• (b) Condominium Conversion means the filing of a declaration
of condominium as provided by the .Horizontal Property Regimes Act .
• (RCW 64.32) on a building which prior to July 2, 1979 contained
one or more rental units.
(c) Condominium Unit shall mean a single unit in a
Condominium Building.
(d) Offer for Sale shall mean any advertisement, inducement,
solicitation, or attempt to encourage any person to purchase an
indentifiable 'condominium unit.
(e) Owner means the person or persons who have title to
or a beneficial interest in any' existing building designed or intended
• to be used for human habitation.
(f) Person includes any individual, corporation, partnership,
association, trustee or other legal entity.
(g) Rental Unit means any dwelling unit as defined in RCW
59.18.030 (1) which has been occupied since July 2, 1979, under a
rental agreement, express or implied.
(h) . Sale shall mean the acceptance of an offer to purchase 1
a rental or condominium'unit provided that the .sale of an entire
building shall not be considered a sale for the purpose of this
Ordinance.
• (i) Tenent .means any person occupying or holding possession
•
of a ,building or any portion thereof for purposes of habitation
pursuant to a lease or rental agreement.
SECTION II: From the effective date of this Ordinance until
October 1, 1979 , it shall• be unlawful for any person to
convert a rental unit to a condominium, or to sell or offer for sale
any rental unit or condominium unit where such rental unit was rented
• as of July 2, 1979.
SECTION III: Exception: The requirements of Section II . ,
of this Ordinance shall not apply to (a) condominium units or rental
units which have not.been occupied by a tenant since July 2, 1979,
or (b) rental units where an owner can show, with clear, cogent and
convincing evidence, that (1) the units have been sold or offered for
•
Sale as condominium units prior to July 2, 1979, or (2) that he
•
• or she prior to July 2, 1979, incurred significant financial
obligations with the intention of meeting such obligations with the
proceeds of the sale of the units, and the provisions of this '
Ordinance will prevent him or her from meeting such obligations; or
• (3) condominium units or rental units which are offered for sale
and sold to the tenant occupying such unit on July 2, 1979.
SECTION IV: ,Penalty: Commission of the act made unlawful
' by Section II of this Ordinance shall constitute a violation subject
to the provisions of Section 204 of the Uniform Housing Code (Title -
4, Chapter 9 of the Code of General Ordinances of the City of Renton.
Any person convicted thereof may be punished by. a civil fine or
forfeiture notto exceed Five Hundred Dollars' ($500.00) . Each day's
__violation shall constitute a separate offense
r • SECTION V: Effective Date. The City Council finds that
' the conditions set fOrth in the "WHEREAS' clauses above, which are
incorporated herein by reference, are true and correct in all respects,
and• that in view of the conditions cited above that it is_ therefore
necessary for the preservation of. public peace, health, and safety
that regulation of the conversion of rental units to condominiums
be immediately implemented and that this Ordinance take effect without
delay. By reason of the facts set forth in this Section an emergency
is. declared to exist. This Ordinance shall take effect, and be in
force and effect upon its passage, approval and five days after'
its publication.
. PASSED BY THE CITY COUNCIL .this end day of July, y1979. '
Delon Mead, City Clerk
•
APPROVED BY THE MAYOR this grid day of July, 1979. '
e., 4%%�V '6/e tisr3, .
Appro ed as to form: Carles . e aurenti, Mayor
Lawrence J. Wa' 'ren, City Attorney
• Date of Publication: July 6, 1979
•
--Renton City Council
7/2/79 Page 2
Audience Comment - Continued
Dr. Brown Rezone Permit issuance and recommended that the Council find that the
and Appeal , use proposed under special permit application will not be detri-
Continued ' mental to the adjacent properties or welfare of community. Further
the committee recommended that the Examiner's decision be affirmed
insofar as it denied the application forrezone of the R-1 property
to R-3 and that the remainder of the decision be reversed to read ,
as follows: The application for reclassification of the R-2
property to R-3 is granted. The application for Special Permit
to allow a professional office in an R-3 zone is granted subject
to conditions (3) . MOVED BY PERRY, SECOND CLYMER, CONCUR IN
COMMITTEE REPORT AND REFER TO WAYS AND MEANS COMMITTEE. CARRIED.
Michael N. Read Hearing Examiner' s decision of 5/22/79 for denial of SP 338-79
Special Permit application to develop self-storage facility as an integrated office/
SP 338-79 retail business park (Renton Business' Park) (B-1 zone) . A .
and request for reconsideration was filed with Examiner 5/30 and
Appeal denied 6/1/79. Appeal filed 6/13/79. Planning and Development
Committee having reviewed the matter, recommended Council reverse
the decision of the Examiner based on error of law Conclusion No.
6, 7 and 8; and recommended that the Council find that the •
proposed use is a similar use to the specific uses allowed in
the B-1 zone and conclude that the proposed use is allowed as a
matter of right in the B-1 zone. MOVED BY PERRY, SECOND SHINPOCH,
CONCUR IN COMMITTEE RECOMMENDATION. Councilman Stredicke inquired
of access from property onto NE 4th and requested report from.
the Administration regarding traffic in general area. Planning
Director noted no access proposed to either Union NE or Monore NE.
See later . MOTION CARRIED, Councilman Stredicke voted NO. MOVED BY PERRY,
Ordinance SECOND CLYMER, REFER TO WAYS AND MEANS COMMITTEE. CARRIED.
First City Equities Planning and Development Committee Chairman Perry acknowledged
Rezone. G to MP this being date set. for Hearing. Examiner' s decision regarding
R-328-79 Earlington First City Equities Rezone 328-79 to come before the Council ,
Industrial Park matter having been appealed 6/13/79 by Attorney Robert McBeth
and representing Ernie Lueckenotte and Richard Haaland, operators
Appeal 6/13/79 of the Earlington Golf Course. Committee Chairman Perry noted
change in meeting date as applicant could not be present and
Continued: announced 7/12 7:30 meeting; that the matter will be before the
City Council 7/16/79 at the 8:00. p.m. meeting.
Audience: Doug Prichard requested Council acquire the property.
Condominium John Goff, 4300 NE Sunset Blvd. , Springtree Apartments, requested
Conversion information regarding condominium conversion ordinance. MOVED BY
PERRY, SECOND CLYMER, SUSPEND RULES AND PRESENT REPORT. Planning
and Development Committee report noted review of condominium con-
versions and recommended that an ordinance establishing a mora-
torium be referred to the Ways and Means Committee. . MOVED BY
SHINPOCH, SECOND PERRY, CONCUR IN RECOMMENDATION OF COMMITTEE.*
Persons present making inquiries: Caren Wharton, 24532 35th Ave. S.
Kent, South King County Tenants Union, asked matter not be tied
Ordinance, #3326 up in committee with so many affected. *CARRIED. MOVED BY PERRY,
90-Day Moratorium SECOND CLYMER, SUSPEND RULES AND PRESENT ORDINANCE FOR FIRST READ-
on Condominium ING. CARRIED. Ways and Means Committee Chairman Clymer presented.
Conversion to ordinance declaring a housing emergency and imposing a moratorium
October 1, 1979 on the conversion of rental units to condominiums and providing
Pending penalties. MOVED BY PERRY, SECOND SHINPOCH, ADVANCE ORDINANCE TO
Adoption of SECOND AND FINAL READINGS.* Persons present: Mike Poynter,
Regulations 16803 SE 254th, Kent, asked moving expenses be paid to tenants
Ordinance noting King County ordinance retroactive to cover expenses and
asked that assurance be given that apartment passes building and
fire codes. Councilwoman Shinpoch explained committee meetings
and desire for good ordinance. City Attorney Warren explained
an ordinance cannot be made retroactive. Dennis Whalen, 4308
NE Sunset; Bob Kresge, 4300 NE Sunset asked adoption of King
County ordinance. *MOTION CARRIED. Ordinance placed on second
and final readings declaring a housing emergency and imposing
a moratorium on the conversion of rental units to condominums
to October 1 , 1979. MOVED BY CLYMER, SECOND PERRY, ADOPT ORDINANCE.
ROLL CALL: 6-AYE: SHINPOCH, TRIMM, CLYMER, PERRY, PROCTOR AND
STREDICKE; ONE-NO: SHANE. MOTION CARRIED SETTING MORATORIUM.
Renton City Council
7/2/79 Page 3
Recess MOVED BY SHANE, SECOND SHINPOCH, COUNCIL RECESS. CARRIED. Time:
9:30 p.m. Council reconvened at 9:50 p.m. Roll Call : All
Council Members present.
Introduction Mayor Delaurenti introduced King County Councilwoman Patricia
Thorpe. Mrs. Thorpe explained King County condominium ordinance.
Further discussion ensued. Caren Wharton explained tenant rights.
OLD BUSINESS Councilman Perry inquired of legality and identification problems
for persons for persons using surnames only on election signs.
Councilman Stredicke asked removal of new cars parked on City
right-of-way in vicinity of Burnett Ave. proposed linear park.
Mayor Delaurenti advised corrective measures will be taken.
ORDINANCES AND RESOLUTIONS
Ways and Means The Ways and Means Committee Chairman Clymer presented report
Committee Report recommending second and final readings of the following ordinances:
Ordinance #3327 (First readings 6/25/79)
Street Vacation Ordinance read vacating a portion of California Ave. (VAC-4-79)
Portion of also known as N. 7th St. , as petitioned by Wong. MOVED BY CLYMER,
California Ave. SECOND PERRY., ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES.
CARRIED.
Ordinance #3328 An ordinance was read appropriating $6,910 to be received from
Appropriation Burlington Northern Railroad for payment of road construction
Monster Road work on Monster Road. MOVED BY TRIMM, SECOND SHANE, ADOPT THE
Construction ORDINANCE AS READ. ROLL CALL.: ALL AYES. CARRIED.
Ordinance #3329 An ordinance was read rezoning property from R-1 to R-3 located
Banchero Rezone at the southwest corner of NE 12th St. and Edmonds Ave. NE; Mike
R-234-78 Turner agent for Banchero and Florer. MOVED BY CLYMER, SECOND
SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-AYES AND ONE-
NO: STREDICKE. MOTION CARRIED. Councilman Stredicke requested .
confirmation of covenants and dedication of right-of-way, being
confirmed by the City Clerk.
Ordinance #3330 Ordinance was read rezoning property from G to R-4 located at
Schwartzenberger west side of Shattuck Ave. S. at intersection of S. 6th St.
Rezone R-339-79 MOVED BY SHANE, SECOND CLYMER, ADOPT THE ORDINANCE. ROLL CALL:
ALL AYES. CARRIED.
Ordinance #3331 An ordinance was read rezoning property from G to R-3 located
Nunn Rezone approximately 750 ft. south of NE 4th St. along Queen Ave. exten-
R-342-79 sion between Greenwood Cemetery on west and City property on east.
MOVED BY PERRY, SECOND SHANE, ADOPT AS READ. Councilman Stredicke
inquired re covenants and access, being advised by Engineer
Houghton that by consolidation of parcels the access is gained.
MOVED BY PERRY, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL
CALL: 6-AYE; ONE NO: STREDICKE. MOTION CARRIED.
First Reading The Ways and Means Committee recommended first reading of the
following ordinances:.
Self Storage Ordinance read amending Title IV City Code to provide for use
Facilities of self-storage facilities to be allowed by Special Permit.
MOVED BY CLYMER, SECOND SHINPOCH, REFER ORDINANCE BACK TO THE
WAYS AND MEANS COMMITTEE. CARRIED. Councilman Stredicke noted
the ordinance was not retroactive.
Ordinance #3332 Ordinance read authorizing acquisition of property and providing
Acquisition of for payment, authorizing the City Attorney to prepare condmenation
Cedar River Trail petition for acquisition for construction of Cedar River Trail
Properties system. MOVED BY STREDICKE, SECOND SHINPOCH, SUSPEND RULES AND
ADVANCE THE ORDINANCE TO SECOND AND FINAL READINGS. CARRIED.
Following readings authorizing acquisition of Haddad/Jordan/LaRue
properties, it was MOVED BY STREDICKE, SECOND SHINPOCH, ADOPT THE
ORDINANCE AS READ. ROLL CALL: 5-AYE: SHINPOCH, TRIMM, CLYMER,
PROCTOR, STREDICKE; 2-NO: SHANE AND PERRY. MOTION CARRIED.
.. a
PLANNING AND DEVELOPMENT COMMITTEE
COMMITTEE REPORT
July 2 , 1979
CONDOMINIUM CONVERSIONS
The Planning and Development Committee has reviewed the
matter of condominium conversions and recommends that an
ordinance establishing a moratorium be referred to the
Ways and Means Committee.
George Perry, Chairman
Barbara Shinpoch
/S/
Earl Clymer
j ' OF R��
U t$ 'Z. OFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON
' �•> POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678
•
•� '�'"� P. LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY
.4 re'
0917•
Eo SEPO'" July 2 , 1979
TO: Del Mead, City Clerk
FROM: Lawrence J. Warren
Re: Ordinance re Moratorium on Conversion to Condominiums
Dear Del: ._
I Enclosed please find the original of a proposed Ordinance
as above captioned.
Lawrence J .Warren
LJW:nd
Encl.
cc: Ways and Means Committee
Mayor
Council President
•
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 33 7
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
DECLARING A HOUSING EMERGENCY AND IMPOSING A
MORATORIUM ON THE CONVERSION OF RENTAL UNITS
TO CONDOMINIUMS, AND PROVIDING PENALTIES FOR
VIOLATIONS
WHEREAS, the vacancy rate for rental units in the City of
Renton is between one and two percent; and
WHEREAS, projections indicate no increase in the vacancy
rate in the foreseeable future; and
WHEREAS, there has been been a substantial increase in the
number and percentage of rental units converted to condominiums in
the past eighteen months; and
WHEREAS, there has been a substantial increase in the number
and 'percentage of condominium' declarations filed in the last six
months; and
WHEREAS, the conversion of rental units to condominiums
reduces the number of available rental units in a rental market with
an extremely low vacancy rate; and
WHEREAS, the conversion of rental units to condominiums is
causing severe hardship for tenants , especially the elderly and those
with low and moderate incomes who are displaced by conversion of
their apartments to condominiums , and who are least able to cope with
the housing shortage; and
WHEREAS, in some cases tenants are entering into rental
agreements only to find within a few days that the rental unsit has
been converted to a condominium and their tenancy is being terminated;
and '
WHEREAS, many purchasers of condominium units which have been
converted from rental units are not familiar with the unique aspects
of the construction of condominiums and the characteristics of
condominium ownership; and '
l
WHEREAS, purchasers of condominium converted units are
investing their financial resources into a form of home ownership
which is uniquely subject to the danger of destruction by fire, and
there is a grave need for the installation of adequate fire alarm and
protection systems ; and
WHEREAS, it is necessary to review these problems in order
to devise adequate regulations to alleviate such hardship; and
WHEREAS, it is anticipated that there will be attempts to
convert rental units to condominiums during the review period so as
to avoid the impending regulations; and
WHEREAS, this rush to convert existing rental units to
condominiums will have a detrimental effect on an already. ctitical
situation, thus diminishing the effectivness of any regulatory
scheme devised; and
WHEREAS, it is the intention of the City Council of the City
of Renton to provide a moratorium period in which to carefully
develop and adopt regulations governing the conversion of rental
units to condominiums, and to end such moratorium period as soon as
such regulations are adopted; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON
WASHINGTON, AS FOLLOWS: '
SECTION I: Definitions : The following terms used in this
Ordinance shall have the meaning set forth below: -
(a), Condominium Building means a building in which the
owner of one or more dwelling units is entitled to the exclusive
ownership and possession of his or her unit and has the common right
to share, with other unit owners, the common area and facilities , or
which is governed by the Horizontal Property Regimes Act (RCW 64.32) .
(b) Condominium Conversion means the filing of a declaration
of condominium as provided by the Horizontal Property Regimes Act
(RCW 64.32) on a building which prior to July 2, 1979 contained
one: or more rental units.
•
j' `:'
(c) Condominium Unit shall mean a single unit in a
Condominium Building.
(d) Offer for Sale shall mean any advertisement, inducement,
solicitation, or attempt to encourage any person to purchase an
indentifiable condominium unit.
(e) Owner means the person or persons who have title to
or a beneficial interest in any existing building designed or intended
to be used for human habitation.
(f) Person includes any individual, corporation, partnership,
association, trustee or other legal. entity.
(g) Rental Unit means any dwelling unit as defined in RCW
59.18.030 (1) which has been occupied since July 2 , 1979, under a
rental agreement, express or implied. .
(h) Sale shall mean the acceptance of an offer to purchase
a rental or condominium unit provided that the sale of an entire
building shall not be considered a sale for the purpose of this
Ordinance.
(i) Tenant means any person occupying or holding possession
of a building or any portion thereof for purposes of habitation
pursuant to .a lease or rental agreement.
SECTION II: From the effective date of this Ordinance until
dG7c �,Q� / 1977 , it shall be unlawful for, any person to
convert a .rental unit to a condominium, or to sell or offer for sale
any rental unit or condominium unit where such rental unit was rented
as of July 2, 1979.
SECTION III: Exception: The requirements of Section II.
of this Ordinance shall not apply to (a) condominium units or rental
units which have not been occupied by a tenant since July 2 , 1979,
or (b) rental units where an owner can show, with clear, cogent and
convincing evidence, that (1) the units have been sold or offered for
sale as condominium units prior to July 2, 1979 , or (2) that he
or she prior to July 2, 1979, incurred significant financial
obligations with the intention of meeting such obligations with the
proceeds of the sale of the units , and the provisions of this
Ordinance will prevent him or her from meeting such obligations; or
(3) condominium units or rental units which are offered for sale
and sold to the tenant occupying such unit on July 2 , 1979.
SECTION IV: Penalty: Commission of the act made unlawful
by Section II of this Ordinance shall constitute. a violation subject
to the provisions of Section 204 of the Uniform Housing Code (Title
4, Chapter 9 of the Code of General Ordinances of the City of Renton.
Any person convicted thereof may be punished by a civil 'fine or
forfeiture not to exceed Five Hundred Dollars ($500.00) . Each day' s
violation shall constitute a separate offense
SECTION V: Effective Date. The City Council finds that
the ' conditions set forth _in the "WHEREAS ' clauses above, which are
incorporated herein by reference, are true and correct in all respects,
and that in view of the conditions cited above that it is therefore
necessary for the preservation of public peace, health, and safety
that regulation of the conversion of rental units to condominiums
be immediately implemented and that this Ordinance take effect without
delay. By reason of the facts set forth in this Section an emergency
is declared to exist. This Ordinance shall take effect and be in
force and effect upon its passage, approval and five days after
its publication.
PASSED BY THE CITY COUNCIL this _)—(day of July, 1979.
Delores A. Mead, City Clerk
APPROVED BY THE MAYOR this p day of July, 1979.
-4"
Approved as to form: Charles J. Delaurenti, Mayor
Lawrence J. Warren, CityAttorney
y
Date of Publication:
RENTON CITY COUNCIL
Regular Meeting
June '25 , 1979 Municipal Building
Monday, 8: 00 P .M. Council Chambers
MINUTES
CALL TO ORDER Mayor Charles Delaurenti led the Pledge of Allegiance to the
flag and called the Renton City Council meeting to order.
ROLL CALL OF BARBARA Y. SHINPOCH, Council President; RICHARD M. STREDICKE,
COUNCIL MARGARET L. PROCTOR, GEORGE J. PERRY, EARL CLYMER, THOMAS W.
TRIMM, AND CHARLES F. SHANE.
CITY OFFICIALS CHARLES J. DELAURENTI, Mayor; MAXINE MOTOR, Deputy City Clerk;
IN ATTENDANCE LAWRENCE WARREN, City Attorney; W.E. BENNETT, Deputy Finance
Director; GORDON Y. ERICKSEN, Planning Director; JOHN WEBLEY,
Parks and Recreation Director; RICHARD HOUGHTON, Public Works
Rep. ; JAMES MATTHEWS,Fire Dept. Rep. ; LT. DON PERSSONS, Police
Dept. Rep. ; MICHAEL PARNESS, Administrative Assistant.
MINUTE APPROVAL MOVED BY SHINPOCH, SECOND PROCTOR, APPROVE COUNCIL MINUTES OF
JUNE 18, 1979 AS WRITTEN. CARRIED.
PUBLIC HEARING This being the date set and proper notices having been posted,
Street Vacation, published, and mailed accordingto law, Mayor Delaurenti opened
SW Victoria St. the public hearing to consider proposed street vacation of SW
VAC-12-79 Victoria Street (VAC-12-79) , South of South Tobin St. , East of
Rainier Ave. , North of South 2nd Street, and West of Lake Ave.
South; as petitioned by Hugh Carney, Kathryn Kaczmarek and
Jerome F. Allers. Letter was read from Board of Public Works
Chairman Gonnason stating no objection to requested vacation,
no utility easement required and the fee be set at one-half the
appraised value of $5.10 per square foot. Richard Houghton,
Public Works, noted petition represented 100% of the property
owners. MOVED BY SHANE, SECOND PERRY, TO CLOSE THE PUBLIC HEARING.
CARRIED. MOVED BY SHANE, SECOND PERRY,TO APPROVE. THE VACATION
AND SET FEE AT 50% OF THE APPRAISED VALUE. CARRIED. MOVED
BY CLYMER, SECOND PERRY, TO REFER TO THE WAYS AND MEANS COMMITTEE.
CARRIED.
AUDIENCE John Goff, 4300 NE Sunset Blvd. G-1, requested a moratorium be
COMMENT placed on condominium conversions until an ordinance is adopted
by the city regulating such conversions. Edwin C. Johnson,
Apartment 4300 NE Sunset Blvd. E-4, requested information about apartments
Conversion being brought up to code during a conversion, and how long is
to Condominium the conversion period to last. City Attorney Larry Warren
\ (Rental to noted jurisdiction under present State Landlord Tenant Act.Councilwoma
Purchase) Shinpoch noted legislation re condominium conversions before
the Governor now. Lyle Wallace, Springtree Apts. E-1, received
notice shortly after moving in about the conversion and requested
such conversions be posted. Barry McClinton, 4308 NE Sunset Bldg.
W-7, noted Springtree Apartments are. being advertised as rental units .
without notification of impending conversion. Denise Heath,
4300 NE Sunset Blvd. L-4, requested protection for present
renters and compensation for possible move. Councilman Perry
noted condominium ordinance in the Planning and Development
Committee and should be reported out shortly.
West Hill MOVED BY PERRY, SECOND CLYMER, SUSPEND THE RULES AND HEAR ITEM
9b RE PLANNING COMMISSION RECOMMENDATION WEST HILL. CARRIED.
Letter was read from Planning Director Ericksen noting Planning
Commission recommendation re comprehensive plan and zoning of
the West Hill Area, requesting council set a public hearing
for consideration of the Planning Commission's recommendation.
Robin Little, 264 Maple Ave. NW, requested copies of planning
staff recommendation, Planning Commission and Planning and
Development Committee be made available. Mr. E. Arnone, 207 Taylor
Ave. NW, noted no reason to postpone council action. Sandy Webb,
264 Chelan Ave. SE, stated the planning commission had held a
public hearing. LeRoy Johnson, 503 Seneca Ave. NW, questioned
i 1
J i /I
Renton City Council
6/25/79 Page 2
Audience Comment - Continued
West Hill if posting of the hearing would be made in the area. Mayor
Delaurenti noted routine postings would be made. MOVED BY
STREDICKE, SECOND PERRY PUBLIC HEARING BE SET FOR JULY 23, 1979
TO REVIEW COMPREHENSIVE PLAN AND ZONING RECOMMENDATIONS FOR
THE WEST HILL AREA. CARRIED.
Recess MOVED BY SHANE, SECOND PERRY,COUNCIL RECESS. CARRIED. Council
recessed at 9:00 p.m. and reconvened at 9:20 p.m. Roll Call-
All council members present.
Children Left MOVED BY PERRY, SECOND SHINPOCH, SUSPEND THE RULES AND HEAR
Unattended in ITEM 9a RE CHILDREN LEFT UNATTENDED IN VEHICLES. CARRIED.
Vehicles Letter was read from Mayor Delaurenti noting reports of
serious injuries inflicted upon small children who are left
unattended in vehicles and requested the matter be referred
to the Public Safety Committee to consider enactment of a
City Ordinance. MOVED BY CLYMER, SECOND PERRY TO CONCUR IN
THE REQUEST AND REFER TO THE PUBLIC SAFETY COMMITTEE. CARRIED.
Executive. MOVED BY STREDI.CKE, SECOND PERRY, COUNCIL HOLD EXECUTIVE SESSION
Session TO DISCUSS NEGOTIATIONS. CARRIED.. 9:25 p.m. and reconvened
at 10:40 p.m. Roll Call - All council members present.
ORDINANCES AND RESOLUTIONS
Ways. and Means Ways and Means Committee Chairman Clymer presented committee
Committee Report report recommending the following Ordinances for first reading:
Street Vacation- Ordinance was read vacating a portion of California Ave.
Portion of (N. 7th St. ) as petitioned by Mr. Wong. MOVED BY CLYMER
California Ave. SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE.
VAC-4-79 CARRIED.
Appropriating Ordinance was read appropriating funds for the payment of road
Funds-Monster construction work on Monster road in the amount of $6,910.00
Road (Revised) MOVED BY CLYMER, SECOND SHINPOCH TO REFER BACK TO
(Revised) WAYS AND MEANS COMMITTEE. CARRIED.
ORDINANCE #3325 Ordinance was read approving and confirming the assessments
Approving and- and assessment roll of Local Improvement District No. 297 for the
Confirming Final improvement of the Heather Downs area by doing all work necessary
Assessment Roll in connection therewith, levying and assessing the amounts therefor
LID 297-Heather against the several lots, tracts, parcels of land and other property
Downs as shown on said assessment roll as confirmed by the city council ;
and providing for the payment of such assessments into the local
improvement fund, District No. 297 of the City as created by
Ordinance No. 3120. MOVED BY CLYMER, SECOND PERRY TO ADVANCE TO
SECOND AND FINAL READINGS. CARRIED. After readings it was MOVED
BY TRIMM, SECOND SHANE TO ADOPT THE ORDINANCE AS READ. ROLL CALL: .
ALL AYES, EXCEPT COUNCILMAN STREDICKE. MOTION CARRIED.
Turner' Agent for Ordinance was read changing the zoning classification of certain
Banchero/Florer properties within the City from residence single family district
Rezone R-234-78 (R-1) to residence district (R-3) .Banchero Rezone R-234-78.MOVED BY
CLYMER, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE.
CARRIED.
Schwartzenberger Ordinance was read changing the zoning classification of certain
Rezone R-339-79 properties within the City from general classification district
(G) to residence district (R-4) . Schwartzenberger Rezone R-339-79.
MOVED BY CLYMER, SECOND PERRY TO REFER BACK TO WAYS AND MEANS
COMMITTEE. CARRIED.
Nunn Rezone . Ordinance was read changing the zoning classification of certain
R-342-79 properties within the City from general classification district
(G) to residence district (R-3) .Nunn Rezone R-342-79. MOVED BY
PERRY, SECOND SHANE TO REFER BACK TO THE WAYS AND MEANS COMMITTEE.
CARRIED.
Already have be; �. _,; to.e.t ea_tlive,5 Apartments eady en•con-
4.10. : 4k, .( -'' AI 1 )! ,, 'i,, ;Ai:,r ,, tit , , / , , _.. t . : :, . ,, ,
41; 1 2 Iffl W.' , ,-)- WI ii 1/ I 4....,, . i,.._: , viW h 41.:- —II 4 Am
�, _A.:- � nioiatpisiuil..evi11 �Q�N;,.
" � �.;•� ";:.> ,:�' ,�� ` . , • ., ,�� vented,and`�Councilnnan George'Per-
4 Yi 1 H'.l S;'' ., '�'' days later.:,,' : .- s
By f R BLUME L ' The' nieratoriuni is designed to, -ry said the Thunderhill,Apartments
Stay° ltepoeteir <.-� ,,;,. ; .: also inay"go condo" i -
�.° . " give the city time to draw.'.up 'an_'
;.;�' has laittee,Of-Renton Gown'-,: , ordinance regulating'condominium', :GordonRricksen,Renton Planning
cif-rato laid.:the;:g dvs'or1C,.f®r'a' conversions. The-need for• the`'`De pa t e t dirlotme'ol dthe Plan
'co veterzusta?i a1 ,,,tor?dq ium - .., moratorinn' became'apparent ear- • n
ittee
�"woever•.Isi9n .'c a:eni ra.uP1 7 acb :'7;:'ter'this week when�:about 15'tea- the apartment vacancy rate iii•the
t oilld Stop both nh!; ale,and:cnffi55r�'_ ;' dents of the Springtree apartments.. ;city is,only:8 percent,.:::
showed up 'at the council•n4eeting "�You have to do is read'the vivant
lion of apartmail-t ndoniimums;,is. ::-
e :epted to. `sail tirougli,,ttie: ffiill"` ` asking for help. ,. ads,or:drive around," agreed,Coun-
cb"Cil iwith•littig`ppgcsition.at,its''. Tenants received:notice that the cilwoman.-•Barbara. Shinpoch..
next meeting Mond .. .148=unit .complex;, located in Re= "There's absolutely'nothing to.rent."
ro osed'.- nton's Highlands,is being converted. Springtree. residents,who attended ,
After diq forrw it ha f an ere given a last:;Monday's council meeting
ffiloratosiuYn.fat'°ab.8aat;ltalf;an"hour;.' to condominipms, and. v• ,.
yesterday afternoon,the:Cquncil's - choice of•either mo'uig.or purchas- ;;;echoes Mrs. Shinpoch's observe-
' planning and development commit- menu are tthe se ae nd tree art ..h John 4Gawf, a Spririgtree tenant,
no argument.If
tee by it Evatit the sold as condoininivais:The Benson said with the low vacancy rate in the
passed by the. couit' it Monday, —— —— ,city,tenants"need protection"from
conversions.Statelaw requires land-
, — • lords give only 20 days notice before
renters' agreements can be termi-
•
. nated. • ,
I Lyle Wallace,another tenant,is an
` example of some of the situations the
moratorium is designed to prevent.
, •
Wallace said:he and his family had
' only lived�in'their Springtree apart- ,
. mot five days before they were told
''it was being changed into'a con-
doniiniutn. "Renters should be told
this before they move in,"he told the
Council..
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