Loading...
HomeMy WebLinkAboutORD 5221Amends:ORD 4546 CITY OF RENTON,WASHINGTON ORDINANCE NO.~::..=...=_ AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 3 OF TITLE I (ADMINISTRATIVE)AND CHAPTERS 5 AND 9 OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON"BY UPDATING THE DEFINITIONS OF UNFIT,OR ABANDONED STRUCTURES,AND ADOPTING BY REFERENCE THE 1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.New subsections 1-3-4.A.3.1 and 3.2,of Chapter 3,Remedies and Penalties,of Title I (Administrative)of Ordinance No.4260 entitled "Code of General Ordinances of the City ofRenton,Washington"are hereby added,to read as foHows: 3.1 BUILDING:Any building,dwelling,structure,.or mobile home,factory-built house,or part thereof,built for the support,shelter or enclosure of persons,animals,chattels or property of any kind. 3.2 BUILDING OFFICIAL:The building official ofthe City of Renton or any ofhis or her authorized deputies and representatives. SECTION II.A new subsection,1-3-4.A.7.1,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 added,to read as foHows: 7.1 DIRECTOR:The Director ofthe Development Services Division,or his or her authorized deputies and representatives. 1 ORDINANCE NO.5221 SECTION III.A new subsection,1-3-4.A.8.1,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 added,to read as follows: 8.1 HEARING EXAMINER:The individual authorized to hear appeals for the City of Renton. SECTION IV.A new subsection,1-3-4.A.11.c(22),of Chapter 3,Remedies and Penalties,of TitIe I (Administrative)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby added,to read as follows: (22)Unfit or abandoned structure:Any structure,which has been damaged by fire, weather,earth movement,or other causes,and which is not fit for occupancy,and has been abandoned or unoccupied by lawful tenants for a period of 90 days;or where the cost of repair exceeds the value of the structure once repaired;or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation,and buildings,structures,and premises or portions thereof which are unfit for other uses due to dilapidation,disrepair,structural defects,defects increasing the hazards of fire, accidents,or other calamities,inadequate ventilation and uncleanliness,inadequate light or sanitary facilities,inadequate drainage,overcrowding,or due to other conditions which are inimical to the health and welfare ofthe residents ofthe City of Renton. SECTION V.A new chapter,1-3-5,Unfit Dwellings Buildings and Structures,of Chapter 3,Remedies and Penalties,of Title I (Administrative)of Ordinance No.4260 entitled 2 ORDINANCE NO.5221 "Code of General Ordinances of the City ofRenton,Washington"is hereby added,to read as follows: 1-3-5 UNFIT DWELLINGS,BUll,DINGS AND STRUCTURES. A.Purpose It is found that there exist,in the City ofRenton,dwellings that are unfit for human habitation,and buildings and structures that are unfit for other uses due to dilapidation,disrepair, structural defects,defects increasing the haz~ds of fire,accidents or other calamities,inadequate ventilation,inadequate light or sanitary facilities,inadequate drainage,overcrowding,or due to other conditions that are inimical to the health and welfare ofthe residents.It is further the purpose of this ordinance to provide a means of demolishing structures heavily damaged by fire, weather,earth movement or other causes,which have been allowed to sit in the damaged condition without repair for an extended period of time as set forth in this ordinance. B.Repair,Vacation,Demolition,or Abatement of Unfit Dwellings,Buildings and Structures 1.Incorporation by Reference.Chapter 35.80 RCW is hereby incorporated by reference as if fully set forth,at least one copy ofwhich has been filed with the City Clerk. 2.Standards for Repair,Vacation or Demolition. A.The following standards shall be followed in substance by the director or the hearing examiner in ordering repair,vacation or demolition of unfit buildings: (1)Ifthe unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter,it shall be ordered repaired by the director or,on appeal,by the hearing examiner. 3 ORDINANCE NO.5221 (2)Ifthe unfit building is in such condition as to make it dangerous to the health,morals,safety or general welfare of its occupants,neighbors or the general public,it shall be ordered to be vacated by the director or,on appeal,by the hearing examiner. (3)If the unfit building is fifty percent damaged or decayed or deteriorated in value it shall be demolished.Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. (4)If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. (5)Ifthe unfit building is a fire hazard,existing or erected in violation of the terms of this chapter or any other ordinance of the City ofRenton or the laws of the state of Washington,it shall be demolished,provided the fire hazard is not eliminated by the owner within a reasonable time. R Ifthe director or hearing examiner orders the building to be demolished,it shall also require that the land be suitably filled and cleared,and that the property immediately be vacated and secured as completely as possible pending demolition. C.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 seIVed,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 4 ORDINANCE NO._ corrective action to be taken and the fees and costs to be paid.If the whereabouts of such person is 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 serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy ofthe 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 ofthe 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.Such complaint shaH contain a notice that a hearing win 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 shaH 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 ofKing County,and such filing ofthe complaint or order shall have the force and effect of a lis pendens. D.Voluntary correction 1.The building official may secure voluntary correction in the form and manner as authorized by RMC 1-3-3.B. 2.The voluntary correction agreement is a contract between the City and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions.The voluntary agreement must include: a.The name and address ofthe owner or person bound under the contract; 5 ORDINANCE NO.5221 b.The street address and a legal description sufficient to identify the premises; c.A description ofthe violation and a reference to the provisions of this code or other regulation that has been violated; d.The corrective action to be taken,and a date and time by which the corrective action must be completed; e.An agreement by the owner that the City ofRenton may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met; f A waiver by the owner of his right to any administrative or legal review of the violations,the appropriate corrections,and all other rights except those in the agreement; g.The administrative costs to be paid and by whom; h.Permission by the owner for the City to enter upon the property at any time or,in the case of occupied property,at reasonable times until the violation is abated; and 1.An acknowledgement. The building official may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. E.Hearings Before the Director 1.Unless,prior to the time fixed for hearing in the complaint issued by the building official,arrangements satisfactory to the building official for the repair,demolition,vacation or re-occupancy ofthe building or premises are made,including the proper application for permits, 6 ORDINANCE NO.5221 or abatement ofthe unfit building,the director shall hold a hearing for the purpose of determining the immediate disposition of the building or premises.The hearing will be canceled if the building official approves the completed corrective action at least 48 hours before the scheduled hearing. 2.The director shan conduct an administrative hearing.The hearing shall be governed by the civil rules of superior court for the state of Washington,but the strict rules of evidence shan not be applied.Any party wishing to testifY shall be sworn on oath.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. 3.The director may determine that a dwelling,building,structure,m:prelllises--ls unfit for human habitation or other use if he or she finds that conditions exist in such dwelling, building,structure,or premises that are dangerous or injurious to the health or safety ofthe occupants of such dwelling, building,structure,or premises,the occupants of neighboring dwellings,or other residents of the City.Such conditions may include the following,without limitations:Defects therein increasing the hazards of fire or accident;inadequate ventilation, light,or sanitary facilities,dilapidation,disrepair,structural defects,uncleanliness, overcrowding,or inadequate drainage.The minimum standards to be applied are those contained in this chapter,Title IV RMC,and all standardized codes adopted by the City of Renton. 4.The director shall issue an order to the owner that contains the following information: 7 ORDINANCE NO.5221 a.The decision regarding the alleged violation including findings of fact and conclusions based thereon. b.The required corrective action. c.The date and time by which the correction must be completed. d.The costs assessed. e.The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. f The decision shaH state that the owner has the right to appeal to the hearing examiner within 30 days and,unless he does appeal or comply with the order,the City shaH have the power,without further notice or proceedings,to vacate and secure the building or premises and do any act required of the ovmer in the order ofthe director,and to charge any expenses incurred thereby to the owner and assess them against the property. 5.The director shall mail by certified maiL a copy of the decision to the owner or occupant within 10 working days following the hearing. 6.If no appeal is filed,a copy of such order shall be filed with the auditor ofKing County and shall be a final order. F.Hearings Before tbe Hearing Examiner 1.The purpose ofthe hearing examiner under this chapter is to review the proceedings and orders of the director and to affirm,modify or vacate said orders. 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 8 ORDINANCE NO.5221 referral and the hearing.Notice ofthe time and place ofthe hearing shall be made in accord with RMC 1-10-5.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 ofthe notice of appeal shaH stay the order ofthe 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. 3.Upon the public hearing of the appeal,the hearing examiner shaH consider the file ofthe proceedings before the director and such other evidence as may be presented.After the hearing,the examiner may affirm,modify or vacate the order of the director,or may continue the matter for further deliberation or presentation of additional evidence.Normally the hearing examiner will not accept new evidence or evidence not made available to the director in the absence ofgood cause.The examiner's review is on the record,not de novo. The determination ofthe hearing examiner shall be accorded substantial weight.If the owner fails to appear at the scheduled hearing,the director will enter an order finding that the violation occurred and assess the appropriate costs. A record of the proceedings shaH be made and kept for one year or until the matter is final,whichever is longer.The examiner shall cause his findings of fact and order to be made in writing;provided,he may adopt the findings and order ofthe director,or so much thereof as supports its decision.Such findings and order shall be served and posted in the same manner as an order of the director.In addition,such notice shaH state that the owner has the right to petition the superior court of King County for appropriate reIiefwithin 30 days after the order becomes final. 9 ORDINANCE NO.5221 G.Enforcement 1.The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed.Ifthe 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 1-10-4.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 ofthe 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 1-10-4.The building official shall let bids for any demolition in accordance with RMC 1-10-10. 2.Ifother action ordered by the director or the hearing examiner is not taken within the time prescribed,or if no time is specified 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 action to be taken. 3.Ifthe building official deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action,he may so order.Ifthe owner is unable or unwilling to secure the building within 48 hours,the building official may seek the appropriate warrant from King County Superior Court to enter upon the property,and secure the building. 4.If the owner is unable to comply with the director's or hearing examiner's order within the time required,and the time for appeals to the examiner or petition to the court has 10 ORDINANCE NO.5221 passed,he or she may,for good and sufficient cause beyond his or her control,request in writing an extension of time.The director or the hearing examiner may grant a reasonable extension of time after a finding that the delay was beyond the control ofthe owners.There shall be no appeal or petition from the director's or the hearing examiner's ruling on an extension of time. H.Costs 1.Actual costs and expenses will be assessed in accord with the provisions of this section,including the cost of repairs,alterations,improvements,vacating and closing,removal, and/or demolition.Actual costs shall include the costs of staff time,including overhead, contracted engineering fees or consultants'fees,relocation assistance payments including interest and penalties,and any attorney's fees incurred in having the dwelling,building or structure declared unfit,in any hearing before the director or Hearing Examiner,or in Superior Court obtaining any warrant for entry or order of abatement. 2.The costs of abatement,.repair,alteration or improvement,or vacating and closing,or removal or demolition,when borne by the City,shall be assessed against the real property upon which such costs were incurred as a lien unless paid. 3.Bids for demolition shall be let only to a licensed contractor.The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs ofthe demolition.The contract documents may require bidders to estimate the salvage value of the property and,by claiming the salvage,reduce the amount of his bid accordingly.Such bids may be let prior to the time for compliance or appeal,but shall not be binding or accepted until the order for demolition is final.The building official shall have the authority to sign the contract on behalf of the City. 11 ORDINANCE NO.5221 4.There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee of$250.00.Such fee shall be payable at the time the building becomes a boarded-up building.The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shaH be payable on or before the time the preceding annual fee has been exhausted. 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. b.Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing:$1,500; 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. d.Where the abatement is accomplished by the City following hearing or default ofthe property owner:$3,000. 6.The building official,director,or hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant.In setting costs,they may reduce the costs to an owner who has acted in good faith and would suffer extreme financial hardship.They may increase costs if it appears 12 ORDINANCE NO.5221 that the scheduled costs are inadequate to make the City whole with respect to a particular violation. I.Unfit Building Abatement Fund A fund shaH be created to retain the moneys collected pursuant to this chapter and pay for any demolitions and unfit building abatements undertaken by the City. J.Permit Required Any work including construction,repairs or alterations under this chapter to rehabilitate any building or structure,may require a permit in accord with the provisions ofRMC Title 4. K.Rules and Regulations The director may make and promulgate such rules and regulations as will effectuate the purposes ofthis chapter and do substantial justice. L.Penalties It shaH be unlawful and a violation of this chapter to: 1.Occupy or suffer to be occupied any building or premises ordered vacated;or 2.Fail to comply with any order issued pursuant to this chapter. Any person having been found to have violated this chapter shaH be guilty of a misdemeanor punishable pursuant to RMC 1-3-1. M.Emergencies The provisions of this chapter shall not prevent the director or any other officer ofthe City of Renton or other governmental unit from taking any other action,summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety ofany person or property. 13 ORDINANCE NO.5221 SECTION VI.Section 4-9-050.A of Chapter 9,Permits -Specific,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City ofRenton,Washington"is hereby amended to read as follows: A ADOPTION BY REFERENCE: The "1997 Uniform Code for the Abatement ofDangerous Buildings"published by the International Conference ofBuilding Officials,of which one copy has heretofore been filed and is now on file in the office ofthe City Clerk and made available for examination by the public,is hereby adopted by reference. SECTION VII.Section 4-9-050.D.1 of Chapter 9,Permits -Specific,of Title IV (Development Regulations)of Ordinance No.4260 entitled "Code of General Ordinances ofthe City of Renton,Washington"is hereby amended to read as follows: 1.Authority and Process:The Board of Appeals,under Chapter 5 ofthe "1997 Uniform Code for the Abatement ofDangerous Buildings"shall be the Hearing Examiner. Appeals may be filed pursuant to RMC 4-8-110,Appeals. This ordinance shall be effective upon its passage,approval,andSECTIONVIII. 30 days after publication. PASSED BY THE CITY COUNCIL this 11 t h day of Se pte mbe r Bonnie 1.Walton,City Clerk APPROVED BY THE MAYOR this 11 t h day of Se pt em be r ,2006. ,2006. 14 ORDINANCE NO.5221 d~~~ Lawrence J.Warren,City Attorney Date of Publication:9/15/2006 (summary) ORD.1273 :9/ll/06:ma 15