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HomeMy WebLinkAboutORD 2520 `�---� � , :� , . , T �...., ,y ,/ +++ li���.�/11.(,a-r-CL V"' oiu:t" • ��C 7/J �-/�/7�- � . �.//S/�% ORDINANCE N0. �S� � l�m�'��°�° b�� ORo•��g�� 3�i���y AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ENACTED C��,^.�-cQ PURSUANT TO CHAPTER 82 OF THE 1959 SESSION LAWS OF THE p ,�,�, ��p� STATE OF WASHINGTON, ESTABLISHING MINIMUM HOUSING STAN- � DARDS RELATING TO UNFIT DWELLINGS, BUILDINGS, STRUCTURES; ��j'�ji � �5� DEFINING TERMS; PROVIDING FOR THE REPAIR, CLOSING AND DEMOLITION OF BUILDINGS UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES UNFIT FOR USE; PRESCRIBING MINI- MUM STANDARDS FOR THE USE AND OCCUPANCY OF SUCH DWELLINGS, BUILDINGS AND STRUCTURES WITHIN THE CITY OF RENTON; PRO- VIDING FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF; ESTABLISHING AN APPEAL PROCEDURE, ENFORCEMENT OFFICER, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ANY AND ALL ORDINANCES AND PARTS OF ORDINANCES OR REGULATIONS IN CONFLICT THEREWITH. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AS FOLLOWS: SECTION I: It is the purpose of the provisions of this Ordi- nance to provide a just, equitable and practicable method, to be cumula- tive with and in addition to, any other remedy provided by any. Code or Ordinance of the City of Renton, whereby buildings and/or structures which from any cause endanger. the life, limb, health, morals, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished. The provisions of this Ordinance shall apply to all dangerous buildings as herein defined, which are now in existence, or which may hereafter be constructed in the City of Renton. This Ordinance shall be designated and may be hereinafter referred to as the "City of Renton Dan- gerous Building Code" . SECTION II: A. Definitions. All buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings": 1 . Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or decay; (ii) faulty con- struction; (iii) the removal , movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially or.completely.collapse. 2. . .Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriora- ted as to become (i) an attractive nuisance to children; (ii) a.harbor for -1- ` � • i . . . , . . +++ vagrants, criminals or. immoral persons; or as to_ (iii ) enable persons to resort thereto for the purpose of. committing .unlawful or. immoral acts. 3. Whenever a building or structure, used .or- intended to be used for dwelling purposes, because of inadequate maintenance, dilapi- dation, decay, damage, faulty coastruction or arrangement, inadequate light, air or sanitation facilities, or.otherwise is determined by the I City or County Health Officer to be unsanitary, unfit for human habita- tion or in such a condition that is likely to cause sickness or disease. 4. Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the City's Fire Chief to be a fire hazard. 5. Whenever any portion of.a.building or structure remains on a site after the demolition or destruction of. the building or struc- ture or whenever any building or structure is abandoned for a. period in excess of six months so as to constitute such building or portion there- of an attractive nuisance or hazard to .the public. 6. Whenever the exterior walls or other vertical structural �I members list, lean or buckle to. such an.extent that a.plumb line pass- ing through the center of gravity does not fall inside the middle one- third of the base. 7. Whenever the building or.structures, exclusive of the foundation, shows 33 per cent or more damage or deterioration of its _ supporting .member or members, or 50 per cent damage or deterioration of its nonsupporting members, enclosing or outside walls or.coverings. 8. Whenever any portion thereof.has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the City's Uniform Building Code, as then .in force, or as same may be amended from time to. time, .for new buildings of similar. structure, pur- pose or location. -2- +++ 9. Whenever any portion or member or appurtenance. thereof is likely to fail , or to.become detached or.dislodged, or to. collapse and thereby injure persons or damage property. B. . Standards .for repair, .vacation .or.demolition. . .The follow- in standards shall be followed in substance b the Buildin Director 9 Y g and the Board of Public Works, and the Appeals Commission in ordering i re air c I p , va ation or demolition of said.building. 1 . If the "dangerous building" can reasonably be repaired so ', that it will no longer exist in violation of the. terms of this Ordinance, it shall be ordered repaired, as set.forth in this Ordinance. 2. If the "dangerous building" is in such condition• as to.make it dangerous to the health, morals, safety or.general welfare of its oc- cupants, it shall be ordered to be vacated as prescribed by the terms of � this Ordinance. 3. If the "dangerous building" is fifty per cent damaged or. de- cayed or deteriorated in value, it shall be demolished. Value as used I herein shall be the valuation placed upon the building for purposes of general taxation. 4. If the "dangerous building" cannot be repaired so that it ' will no longer exist in violation of the. terms of this Ordinance, it shall be demolished. 5. If the "dangerous .building" is a .fire hazard or health haz- ard either existing or erected in violation of the. terms of this Ordinance or any ordinance of this City or statute of the State of.Washington, it shall be demolished, providing the said fire hazard or health hazard is not eliminated by the owner or other interested persons within a reason- � able time. 6. An order to demolish shall not indicate an alternative permis- sion to. repair; however, an order to repair may be satisfied by.demolition. C. . Nuisance declared. All "dangerous buildings" within the terms of Subsection 'A' are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinaf ter _ provided. D. Duties of Building Director. The Building Director and/or his authorized representative shall : -3- +++ I 1 . Inspect or cause to be inspected all buildings including but not necessarily limited to scbools, .halls, churches, theaters, hotels, all family, commercial , manufacturing or loft buildings, including those brought to his attention by the Fire Chief or any one of.his duly autho- rized representatives, the City or.Gounty Health Department or any of its duly authorized representatives, for the purpose of determining whether any conditions exist which render such places a "dangerous building" , within the terms of Subsection 'A' . 2. Inspect any building, wall or structure about which com- plaints are filed by any person to the effect that a building, .wall or � structure is, or may be, existing in violation of.this Ordinance. 3. Post in a conspicuous place an order "Do.Not Occupy" on vacant buildings having defects as specified in Subsection 'A' above and no. person shall enter the building except for the purpose of making the I required repairs or demolition after securing a permit. � 4. Prepare, post, deliver and.file with the appropriate county offices a copy of the Complaint in conformance.with.Section 'E' of this Ordinance; and. prepare, file and serve such additional .notices or. orders as may be. required by law. 5. Appear at all hearings before any Board or Commission of. the City and the Appeals Commission and give such testimony and information as to . the condition of any "dangerous b.uilding" as may be required by said body. 6. Prepare, post, deliver and file with the appropriate county offices "Finding of Fact and Order" of the Board of Public Works and the City's Appeal Commission as provided for in this Ordinance. 7. Report to the Office of tbe City Attorney.all cases of non- compliance.with the"Finding of Fact and Order" of the Board of Public Works and/or. the Appeals Commission, and prepare specifications, cost estimates and such other information .and data a� requested by the City Attorney to aid in the enforcement of the Provision of th�s Ordinance. E. Complaint by Buildinq Director. . The Complaint issued by the Building Director shall be in writing and shall be posted on.the building and served either personally or by certified or registered mail upon all per- sons having an. interest in and to said property, as shown by the records of -4- +++ the King County Auditor's office, regarding any building or structure I found by the Director to be a "dangerous building" within the standards ' set forth in Subsection 'A' ; provided that if the whereabouts of such persons are unknown and the same cannot be ascertained by the Director in the exercise of reasonable diligence, then said CompJ.aint shall be served by publishing the same once each week for three consecutive weeks in the City's legal newspaper. Said Complaint shall contain, among , other things, the following information: 1 . Name of owner or other persons interested, as provided hereinabove. 2. . Street address and legal description of the property on which said building is located. 3. General description of.type of building or structure deemed unsafe. 4. A list of particulars which caused the building or struc- ture to be a "dangerous building" as defined in Subsection 'A' herein- above. 5. Whether said building should be vacated by its occupants, and the date of such vacation. 6. Whether or not.the said buil.ding constitutes a fire or � health .hazard. ' 7. A notice that a hearing shall be held before the Board of � Public Works at the City Hall , Renton, King County, Washington, not.less than ten days nor more than thirty days after the serving of. such Complaint, or in the event of publication or.posting, not less than fif teen days nor more than thirty days from the date of the first publication and posting, � and that all parties in interest shall be given the right to file an an- I swer to the Complaint, to appear in. person or otherwise, and to give testi- mony at the time and place fixed in said Complaint. 8. . That.a copy of such Complaint shall also be filed with the Auditor of. King. County, which filing shall have the same force and effect as other lis pendens notices provided by law. F. Appeals Commission. There is hereby created and established an Appeals Commission to be known and designated as the "Building Appeals -5- +++ Commission" of the City of Renton, sometimes called herein the "Appeals Commission" which Commission shall consist of.the members of the Board of Adjustment as presently provided for by Section 4-731 of the Code of Gen- eral Ordinances of the City of Renton. G. Duties of Building Appeals Commission. The Building Appeals Commission.shall : 1 . Upon receipt of a. notice of appeal from any decision and.order of the Board of Public Works filed.within thirty days from date of service of said decision or order with the Secretary, Chairman or Vice-Chairman of the Commission by the owner or party in interest of the building against which such order is directed, conduct a hearing thereon as .herein provided, or upon receipt of a request in writing from the Board_of Public Works to review its decision, the Commission shall entertain such request and conduct such hearing. 2. Hold a hearing of such evidence as may be presented on behalf of any department of the City of Renton or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the records of the King County Auditor. 3. Resolve all matters submitted.within sixty days from the date of filing therewith, including the making of findings of fact based. upon . the evidence presented under Subsection '2' , and an order based upon such find- ings. In the event the Building Appeals Commission fails to resolve all matters by entry of such findings and order within sixty days, as above pro- vided, then the order and findings of the Board of Public Works shall be deemed affirmed in full on the sixtieth day and the parties may appeal there- from as provided by law. . Such order shall determine whether the building shall be repaired, vacated or demolished. 4. Report to.the City Attorney the names of all persons not com- plying with any such order. H. Duties of the City Attorney. The City Attorney shall : , 1 . Prosecute all persons failing to comply with the terms of the notices provided for herein and any final order issued by the Board of Public Works and/or the Building Appeals Commission and as may be directed by the Mayor and.City Council . -6- +++ 2. Appear.when requested to do so at.hearings before the Build- ing Appeals Commission in regard to "dangerous buildings". 3. . Bring suit to collect costs. incurred by the City as provid- ed in Paragraph 'M' as hereinbelow set forth. 4. Provide such additional legal .services as may be requested by the Building Appeals Commission .and the Mayor and City Council . . I. . Duties of.the.Board of Public.Works. The Board of Public Works shall hold a hearing at.the time and place specified in the Complaint of the Building Director, in which all parties in interest shall be given the right to file an answer to the C.omplaint, to appear in person or other- wise, and to give testimony; if after such hearing the Board of Public Works shall determine that such structure is, in fact, a "dangerous build- ing" as herein defined, the Board shall reduce such findings of fact to writing, in support of such determination, and shall issue or cause to be is5ued and to be served upon the owner or. party in interest of any such "dangerous building" in the matter provided herein for.the servicing of the Complaint, an order which shall require the owner or party in interest, within the time specified in such order, to .repair, alter or improve such dwelling, building or structure and to render it fit for human habitation or other. use, or to vacate.and close the dwelling, building or structure, if such course of action is.deemed proper, or to require.the owner or party in interest, within the time so specified, to remove or demolish such dwell- ing, building or. .structure; and if no.appeal is filed from such order in the manner herein provided.for, then a copy of such order shall be filed with the Auditor of King County. J. Report of. Dangerous Buildings .- Contents. The Fire Chief, Police Chief, and City and/or County Health Officer shall make a report in writing to the Building Director of all buildings or structures which are, may be, or are suspected to be dangerous buildings within the purview of this section. Such written reports, among .other. things, shall contain the following information: l . Name of owner or.other persons interested, as provided.herein- above. 2. Street address and legal description of the property on which -7- said building is located. +++ 3. . General description of. type of building or structure.deemed unsafe. 4. A list of.particulars which caused.the building or structure , �� �� � � to be a. dan erous buildin as defined in Subsecti n he , g g o A reinabove. 5. Whether or not said building should be vacated by its occu- pants, and the date of such vacation. 6. Whether or not.the statement or list of.particulars, as pro- vided for in P;aragraph 4 above, can be. removed or repaired. 7. . Whether or not the said building constitutes a.fire or health . menace. , 8. Whether or not it is unreasonable to repair the said building and whether or not the said building should be demolished. � K. Findings of Fact. and.Order. All decisions by the Board of Public Works and the Building Appeals Commission shall be a^educed to writ- ing and be entitled "Findings of Fact and Order" and same shall be served on the owner or interested person in the same manner as service of a Com- plaint as herein provided, and shall contain, among others, the following: 1 . Date, time and place of the hearing. 2. Address and legal description of the property involved. 3. Names and addresses of.the. parties of interest as shown by the records of the King County Auditor. 4. Names and addresses of persons present representing the owner or parties of interest. 5. A statement as to.whether or not. the Appeals Commission finds the Complaint of. the Building Director justified, and or concur, modify or disallow the list of particulars contained in the Complaint. . 6. A statement as to whether or not the building or structure is �� �� � � a dangerous building as def�ned in Subsection A of this Ordinance, is therefore a public nuisance, and specifying the reasons therefor. 7. A statement as to whether or. not it is reasonable to. repair or remodel the building or structure within the standards established in Sub- section 'B' of this Ordinance and whether or not.the building should be va- cated if occupied. -8- +++ 8. An order either dismissing the Complaint of the Building Director or ordering the owner of record to abate the nuisance by the repair, removal or demolition of.the building or structure or, in cases before the Building Appeals Commission, rescinding, modifying, or affir- ming the findings and order of the Board of Public Works, or remanding the case to the Building Director for further action as may be deter- mined by the Bui.lding Appeals Commission. 9. A time specified in number of calendar days f rom.the date of the action of the Board of Public Works or Commission in which the ordered work is to be started and completed. I 10. A notice to .any person affected by an order issued by the �, Building Appeals Commission that such person affected. has the right to appeal to the Superior Court of King County, within 30 days after the posting and service of the Order, and as further provided by Chapter 82 of the. 1959 Regular Session Laws. L. Enforcement. 1 . After any order of the Building Director, Board of.Public , Works and/or the Building Appeals Commission shall have become final , without any appeal therefrom by the person or persons affected thereby, no person to whom such order is directed shall fail , • neglect or refuse � to obey any such order. 2. If, after any order made pursuant to this Ordinance has become final , as herein set forth, and the person to.whom. the order is directed shall fail , neglect or refuse to obey such order, then the Build- ing Director shall refer the case to the City Attorney, together with all correspondence, records, orders and documents pertaining thereto, for appropriate legal action and to take such further action as provided by law to provide for the repair or demolition of said building. M. Abatement b.y City. 1 . The City Council may, upon approval .and passage of an ap- propriate resolution or ordinance, direct the Building Director to abate a public nuisance as determined by the provision of this Ordinance.and such public nuisance may be abated by City personnel or by private con- tractor under the direction and pursuant to the order of.the Building -9- • � � , • ,+++ . Director. 2. The City Council shall appropriate sufficient funds to cover the cost of such repair or demolition work. The costs incurred by the City in any such abatement proceedings shall be recovered by ' special assessment against the real property involved and sball con- stitute a lien as provided by law, and particular reference being made to Chapter 82 of the Session Laws of 1959. N. Interference with Work. No person shall obstruct, im- ' pede or interfere with any officer, employee, contractor or other authorized representative of the City, or with any person who owns or holds any estate or interest in any building which has been ordered re- paired, vacated or demolished under the provisions of this Ordinance, or with any person to whom such building has been lawfully sold pur- suant to the provisions of this Ordinance, whenever such officer, em- ployee, contractor or other authorized representative of the City, per- son having an interest or estate in such building or structure, or pur- chaser is engaged in the work of repairing, vacating or demolishing any such building, pursuant to the provisions of this Ordinance, or in per- �, forming any necessary act preliminary to or incidental to such work as authorized or directed pursuant to .this Ordinance. 0. Emergency Cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person un- less a "dangerous building" as defined herein is immediately repaired, . vacated or demolished, the Building Director shall cause the immediate repair, vacation or demolition of such "dangerous building". The costs of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided for herein- above. i P. Act not Exclusive. Nothing in this Ordinance shall be construed to abrogate or impair the power of the City of Renton or any I department thereof to enforce any provision of its charter or its Ordi- ! nances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this Ordinance.shall be in addition to and sup- plemental to powers conferred by other laws , nor shall this Ordinance be , -10- . . ., , , . � ' � . ' +++ construed to impair or limit in any way the power of the .City of Renton to define and declare nuisance and to cause their removal or abatement by summary proceedings, or in any other manner provided by law. Q. Administrative Liability. No officer, agent or.employee of.the City of Rentoa shall render himself personally liable for any damage that may accrue to persons or property as a result of any act re- quired or permitted in the discharge of his duties under this Ordinance. Any suit brought against any officer, agent or employee of.the.City of Renton, as . a result of any act required or permitted in the discharge of his duties under this section, shall be defended by the City Attorney until the final .determination of. the proceedings therein. R. Violations - Penalties. Every person violating any of the provisions of this Ordinance shall be punishable by a fine not ex- ceeding $300.00, or by imprisonment not.exceeding 90 days, or by both such fine and imprisonment, .and each day's violation shall constitute a separate offense punishable under this Ordinance. S. Severability. If any provision of this Ordinance or its application to any person or. circumstance shall be held invalid.the re- mainder of this Ordinance or.the application of.the prov�sion to .other persons or circumstance shall not be affected thereby. SECTION III. Any and all ordinances or parts or ordinances in conflict herewith are hereby repealed. SECTION IV. This Ordinance shall be in full force from and after its passage, approval and legal publication. PASSED BY THE CITY COUNCIL this �day of �B.xr. ,1969. HeTmie Nelson, City Clerk APPROVED BY THE MAYOR this /7 � day of �oy-�. ,1969. � , ���� onald W. Custer, Mayor Approved as to.form: � Gerad'`d �M. S e 1 n, Cit ttorney Date of publication: ,��, v21_ /�(0 9 . • -11- I