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HomeMy WebLinkAboutORD 5550Amends ORD 5221 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5550 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-5, UNFIT DWELLINGS, BUILDINGS AND STRUCTURES, OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON", TO AMEND THE REGULATIONS REGARDING UNFIT BUILDINGS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-5D, Complaint, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: D. Complaint: If, after a preliminary investigation of any building or premises, the building official finds that it is unfit, substandard, boarded-up and unfit for use as a dwelling, building or structure, or required to be boarded-up and unfit for use as a dwelling, building or structure; he or she shall cause the owners to be served, either personally or, if personal service cannot be obtained, by first class and certified mail, with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person are unknown and cannot be ascertained by the building official in the exercise of reasonable diligence, he or she shall make an affidavit to that effect, then the ORDINANCE NO. 5550 serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. A copy of the complaint shall be posted in a conspicuous place on the property. Such complaint shall contain a notice that a hearing will be held before the director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint, that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of King County, and such filing of the complaint or order shall have the force and effect of a lis pendens. SECTION II. Subsection 1-3-5F.2, of subsection 1-3-5F, Hearings Before the Director, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: ORDINANCE NO. 5550 2. The director shall conduct an administrative hearing. Tho hearing shall bo governed by the civil rules of superior court for tho state of Washington, but tho strict rules of ovidenco shall not bo applied. Any party wishing to testify shall be sworn on oath. The application of the strict rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the director or Hearing Examiner, but the director or Hearing Examiner may hear evidence that is generally reliable including, where appropriate, hearsay evidence. The building official or his or her designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The City shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. SECTION III. Subsection 1-3-5G.2, of subsection 1-3-5G, Hearings Before the Hearing Examiner, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 2. Within 30 days from the date of service and posting of an order of the director, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the City Clerk setting out the reasons he believes the findings or order of the director to be erroneous. There will be not less than 10 or more than 30 days from the date of said appeal or referral and the hearing. Notice of the time and place of the hearing shall be made in accord with RMC 4- ORDINANCE NO. 5550 40-5 4-8-110E. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days' notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the director, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety. SECTION IV. Subsection 1-3-5H.1, of subsection 1-3-5H, Enforcement, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended as follows: 1. The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the building official may seek the appropriate warrant from King County Superior Court to enter upon the property, and cause the building to be demolished and the premises to be suitably filled and cleared as provided by RMC 1 10 <1. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by RMC 1 ORDINANCE NO. gggn 49-4. Tho building official shall lot bids for any demolition in accordance with RMC 1 10 10. SECTION V. Subsections 1-3-51.2 and 1-3-51.5, of subsection 1-3-51, Costs, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", are hereby amended as follows: 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by tho City, shall bo assessed against the real property upon which such costs wore incurred as a lien unless paid. The City Clerk shall certify to the County Treasurer the confirmed amount of the actual costs and expenses as provided in Subsection 1.1 above. Upon certification to him or her by the City Clerk, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year, and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City of Renton. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. ORDINANCE NO. 5550 5. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; or b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500; or c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000; or d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. SECTION VI. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication. PASSED BY THE CITY COUNCIL this 9th day of August 2010. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 9th day of August , 2010. te^/ili<3 J-d^ Denis Law, Mayor ORDINANCE NO. 5550 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 8/13/2010 ( summary) ORD:1647:7/20/10:scr