HomeMy WebLinkAboutCOW 2006-12-04 Item 4B - Ordinance - Certain Vacant Structures As Public Nuisances COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 06-138 I ORIGINAL AGENDA DATE: NOVEMBER 27, 2006
AGENDA ITEM TITLE VACANT STRUCTURE ORDINANCE
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date1127 -06 Mtg Date Mtg Date Mtg Date 12 -04 -06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Major
Adm Svcs DCD Finance Fire Legal P &R Police PJV
SPONSOR'S The International Property Maintenance Code requires that vacant structures be
SUMi MARY secured, but does not address the appearance of these structures. Homes or
buildings that are vacant may be eyesores, targets for arson, and can act as a
disincentive for home buyers. They also pose a risk to emerctencv responders.
REVIEWED BY COW Mtg. 1 CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8 -15 -06 10 -24-06
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance
COMMITTEE Forward to COW; unanimous approval
COST IMPACT FUND SOURCE!
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source: Please see comments below:
Comments: Costs associated with City abatement of vacant structure violations will be funded
through the City's abatement fund and will be recovered in three years by tax liens attached to the
ProPeity-
MTG. DATE RECORD OF COUNCIL ACTION
11/27/06 Meeting Canceled
MTG. DATE ATTACHMENTS
341-27/06- Information Memo from Steve Lancaster, dated November 27, 2006
12/04/06 Final Ordinance
CAP Minutes dated 8/15/06 and 10/24/06
ILA,
C Z' i ll
Steven M. Mullet, Mayor
o`. Department of Community Development Steve Lancaster, Director
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1908
TO: Tukwila City Council Committee of the Whole
FROM: Steve Lancaster, Director Dept. of Community Development
DATE: November 27, 2006
SUBJ: Vacant Structure Ordinance
Background:
August 15, 2006 Community Affairs and Parks Committee Meeting original review
and discussion
During discussions at the CAP meeting held on August 15, 2006, the Committee
members had an opportunity to discuss concerns regarding vacant structures in Tukwila.
Several of our neighboring cities have already adopted (or are in the process of adopting)
stronger regulations regarding these buildings. Code Enforcement staff in these areas
have indicated that such an ordinance gives them an additional tool in addressing the
appearance and safety of vacant buildings in their communities.
Vacant buildings are potential problems for our neighborhoods. In addition to the
unsightliness of a boarded up building, these sites tend to attract illegal dumping,
transient camping, graffiti and criminal activity. While the International Property
Maintenance Code requires that vacant buildings be secured, it does not specifically
address the appearance of any vacant structure, and the City may want to consider clearer
standards as to how vacant buildings should look. Homes or buildings that are vacant
may be eyesores, can be targets for arson, and can act as a disincentive for potential home
buyers. Committee members were supportive of taking more aggressive steps to deal
with vacant buildings in the City, and asked Joyce Trantina to draft an ordinance for
further review at the October 24, 2006 Committee meeting.
October 24, 2006 Community Affairs and Parks Committee Meeting review of
proposed Ordinance.
A draft ordinance was reviewed which is a modification to the International Property
Maintenance Code as shown below:
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -3665
COW Memo
November 27, 2006
Page 2
Proposed Revision to International Property Maintenance Code (IPMC) Adopted
by Tukwila Municipal Code TMC 8.28.020A:
Vacant buildings must not appear "vacant"
Untreated plywood is allowed for 30 days only
Code officials may inspect premises at any time to verify that structure is secure,
and to ensure compliance with all applicable codes.
Vacant structures must be kept free from debris, combustible materials and
garbage.
Building exteriors shall have adequate weather protection, including paint and
finish in good condition.
Roofs on all buildings shall be in a good, weather -tight condition.
Code officials may require that utilities be disconnected if there are sufficient
safety concerns for the public.
Conclusion:
Pro active enforcement has revealed numerous dilapidated vacant structures that
need to be assessed for safety and security. Tukwila Police, Fire and Building
Departments have been involved and support the adoption of this ordinance.
Implementing regulations that address the appearance of vacant structures will
have a positive effect on the appearance of our neighborhoods and streets, and
may reduce criminal activity.
Improved appearance can lead to improved property values, more community
pride and greater stability in our residential areas.
Tukwila's proposal is based on Sea -Tac's ordinance adopted in 2003.
Options:
Recommend no change
Recommend adoption of the proposed ordinance
Modify the draft ordinance
Next Step:
COW forward their recommendation to the next Regular Council meeting for hearing and
adoption.
VACANT STRUCTURE ORDINANCE WILL
ADDRESS THESE TYPES OF STRUCTURES
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City 1908
Tijkwll
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1837,
AS CODIFIED AT TMC 18.28.010, DECLARING CERTAIN
VACANT STRUCTURES AS PUBLIC NUISANCES; ESTABLISHING
CRITERIA FOR THE MAINTENANCE AND ABATEMENT OF
VACANT STRUCTURES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the International Property Maintenance Code contains minimum provisions
related to vacant buildings and land; and
WHEREAS, it is the City Council's desire to regulate vacant buildings beyond the provisions
set forth in the International Property Maintenance Code, to provide for the health, safety and
welfare of its citizenry; and
WHEREAS, vacant buildings in general, but specifically those that contain hazardous
materials or that are unknowingly occupied, may pose an extraordinary danger to police officers or
firefighters entering the premises in time of emergency; and
WHEREAS, it is in the City's best interest to discourage property owners from allowing their
properties to remain indefinitely vacant and /or in a state of disrepair, and to provide an incentive
for the return of vacant properties to the housing stock; and
WHEREAS, the abatement of nuisances caused by vacant buildings, repair and rehabilitation
of vacant properties, and their subsequent occupancy is in the best interest of the citizens of
Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1: Ordinance No. 1837, as codified at TMC 18.28.010, is hereby amended to read
as follows:
8.28.010 Declaration of nuisance
A. All violations of development, Iand use, licensing and public health ordinances are
found and declared to be nuisances.
B. The following are declared to be public nuisances: buildings and structures that are
determined by the City's Building Official to be vacant and so old, dilapidated or have become so
out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure (collectively referred to as a
"Vacant Building
Section 2: Requirements for the maintenance and abatement of vacant structures are hereby
adopted as follows:
8.28.030 Vacant Structures
A. "VACANT BUILDING" DEFINED:
1. Definition: The Code Enforcement Officials or Building Official (otherwise
referred to as "Code Official") may evaluate buildings in the City they believe to be unoccupied,
and make a determination for each as to whether the building is a. "vacant building." A "vacant
building" is a building, structure or portion thereof, which is:
Vacantstructures.doc 11/29/2006 Page 1 of 3
a. Unoccupied and unsecured;
b. Unoccupied, unsecured, and so old, dilapidated, or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure;
c. Unoccupied and secured by boarding or other similar means;
d. Unoccupied and a dangerous structure;
e. Unoccupied and condemned by the Building Official;
f. Unoccupied and has multiple code violations;
g. Unoccupied, and the building or its premises has been the site of alleged
unlawful activity within the previous 12 months;
h. Unoccupied for over 180 days, during which time Code Officials have
issued an order to correct public nuisance violations and those violations have not been corrected;
or
i. Unoccupied for over two years.
2. Exceptions: Vacant buildings which are undergoing construction, renovation or
rehabilitation and which are in compliance with all applicable ordinances, codes and regulations,
and for which construction, renovation or rehabilitation is proceeding diligently to completion.
New buildings and those buildings undergoing renovation that do not receive final inspections, or
whose permits expire due to lack of diligent progress, may be deemed to be a vacant building.
3. Inspection: Whenever the Code Official has reason to believe that a building is
vacant, the Code Official may inspect the building and surrounding premises. If the Code Official
determines that a vacant building violates any provision of this section, the Code Official shall
notify in writing the owner of the building or real property upon which the building is located,
stating the violations and required corrections, and shall provide a timeframe to comply.
4. Plan of Action: The exception requirements listed in exceptions may be modified
under an approved Plan of Action. Within 30 days of notification that a building or real property
upon which the building is located is in violation of this Section, an owner may submit a written
Plan of Action for the Building Official to review and approve if found acceptable. A Plan of Action
may allow:
a. Extended boarding of openings;
b. Extended use of temporary security fencing;
c. Extended time before the demolition of a building is required; or
d. For substandard conditions to exist for a specific period of time, provided
the building is secured in an approved manner.
When considering a Plan of Action, the Building Official shall take into consideration
the magnitude of the violation(s) and the impact to the neighborhood and public.
B. APPEARANCE: Vacant buildings shall, in the opinion of the Code Official, appear to
be occupied, or appear able to be occupied with little or no repairs.
C. SECURITY All vacant buildings shall at all times be secured against outside entry,
which shall include the provision of windows and doors with adequate strength to resist intrusion.
All doors and windows must remain locked. There shall be at least one operable door into every
building and into each housing unit. Exterior walls and roofs must remain intact without holes.
Untreated plywood or similar structural panels may be used to secure windows, doors and other
openings for a maximum period of 30 days from the date the building becomes unoccupied or
vacant. Where it is impractical to secure the building by normal building amenities, the Code
Official may permit the use of medium density overlay or other approved materials, installed in
window frames and painted with a color which is consistent with the rest of the structure.
D. SECURITY FENCES Temporary construction fencing shall not be used as a method to
secure a building from entry, but in the event the property owner is repairing or remodeling the
structure, temporary construction fencing may be used for a maximum period of 30 days from the
date the building becomes unoccupied or vacant.
E. WEATHER PROTECTION The exterior roofing and siding shall be maintained as
required in Section 304 of the International Property Maintenance Code.
F. FIRE SAFETY
1. Fire protection systems: All fire suppression and alarm systems shall be
maintained in a working condition and inspected as required by the Tukwila Fire Department.
Vacant structures. doc 11/29/2006 Page 2 of 3
2. Flammable liquids: No vacant building or premises or portion thereof shall be
used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.
3. Combustible materials: All debris, combustible materials, litter and garbage shall
be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building
and premises shall be maintained free from such items.
4. Fire inspections: Periodic fire inspections may be required at intervals set forth
by the Fire Chief or his designee.
G. TERMINATION OF UTILITIES
1. Termination: The Code Official may, by written notice to the owner and to the
appropriate water, electricity or gas utility, request that water, electricity or gas service to a vacant
building be terminated or disconnected.
2. Restoration of service: If water, electricity or gas service has been terminated or
disconnected, no one except the utility may take any action to restore the service, including an
owner or other private party requesting restoration of service, until written notification is given by
the Code Official that service may be restored.
H. ABATEMENT: As determined by the Code Official, a vacant building is declared to be
a public nuisance as set forth in 18.28.O10B. The Code Official is hereby authorized to summarily
abate the violation by closing the building to unauthorized entry. The cost of abatement shall be
collected from the owner in the manner provided by law.
I. UNSAFE BUILDINGS AND EQUIPMENT: Any vacant building declared unsafe is
subject to the provisions of IPMC Section 108 and the demolition provisions of Section 110.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of
this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this
ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this day of 2006.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Vacant structures. doc 11/29/2006 Page 3 of 3
Community Affairs and Parks Committee
August 15, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder, council members.
Rhonda Berry, City Administrator; Steve Lancaster, Director of Department of Community
Development (DCD); Jack Pace, Deputy Director DCD; Derek Speck, Economic Development
Administrator; Kathy Stetson, and Joyce Trantina, Code Enforcement Officers; Diane Jenkins,
Administrative Assistant to the Council; and Chuck Parrish, community member.
Business Agenda:
A. Proactive Code Enforcement Update
Mr. Lancaster reported that beginning in January of this year, two full -time code enforcement officers
began proactive efforts to address certain violations across the City instead of a complaint- driven
model. Data was gathered to assess which neighborhoods had the most violations. Ms. Trantina
explained how the city was divided into nine zones and assigned to each officer. However, by using
a computerized program, it will allow either officer to address issues or answer questions outside their
designated area. Normally, the officers handled 200 -300 cases per year; they have now tripled their
case load. It is anticipated that there will be 700 -800 cases in 2006. As of today, approximately 35%
of the City has been examined for such items as junk vehicles, garbage and debris, graffiti,
unsafe /derelict structures, and illegal parking of more than three vehicles. The response from
property owners has been positive. Also, the code enforcement officers have been working on the
backlog. In 2003, there were 60 cases that dated back five years or more; this list has been reduced
to 10 and by the end of the year, it should be reduced to four. Some of the difficulties arise in trying
to locate a property owner. Ms. Trantina noted that last year the City established an abatement fund
which has been utilized to clear two residential properties; tax liens will be placed on the property to
recover these monies. In three years, the lien becomes due and payable. Forward presentation to
future Committee of the Whole. Information only.
B. Discussion of Vacant Structures Ordinance /Proposal
Ms. Trantina pointed out that there are approximately 40 -50 identifiable vacant structures in
residential neighborhoods. They are not attractive; can be targets for vandalism, arson, crime, and
trespass; and undermine the aesthetic character of a neighborhood. Some cities have developed or
are developing ordinances regarding vacant structures. Many of the ordinances require that the
property not look vacant and /or limit the amount of time it can be left vacant. Ms. Trantina reviewed
efforts by neighboring cities to improve the overall appearance of vacant structures (no boarded -up
structures). City of SeaTac has adopted an ordinance; the cities of Des Moines and Federal Way are
in the process. The committee members agreed that a more aggressive approach is needed and that
a proposed ordinance should be drafted to address this situation Ms. Hernandez noted that the City
must lead by example and referred to an abandoned house owned by the city; Mr. Speck indicated
that the house was scheduled for demolition later in the week. Mr. Lancaster indicated that an
ordinance would be drafted for review. Return to future CAP with a DRAFT Ordinance.
C. Discussion of Rental Housing Licensing Ordinance /Proposal
Ms. Stetson referred to a report, "Housing Needs Assessment and Condition Survey," conducted in
June 2004. Should the City require a Rental Housing License and inspection for all rental dwelling
units? There are more multi family rentals than single family units, more renters than homeowners,
over 40% of the renter occupied housing units are rated as needing maintenance, and a large
number of housing units are overcrowded. Currently, City of Tukwila requires a license for five or
more units. Ms. Stetson researched this issue and provided case studies from cities across the
United States on programs that have been implemented. She reviewed the program implemented in
the City of Hopkins, Minnesota which is similar to the demographics of the City of Tukwila. The
implementation of this program assisted the city in ensuring minimum housing standards and helped
bring structures into compliance. A 20 -page educational packet was developed to present the
information in a clear and concise manner. it addresses all items address numbering, debris,
landscape maintenance, junk vehicles, fire protection standards and outlines the inspection program
and penalties. Since its inception in Hopkins, Minnesota, all buildings have come into compliance
and they have not had to revoke one license. Tenants no longer have to be fearful of landlord
reporting code violations because of the routine inspections. It has improved the substandard living
conditions of many units. Tenants are more aware of their rights. Ms. Stetson indicated that many
tenants living in Tukwila do not exercise their rights and are afraid to complain. This is even more
difficult if there is a language barrier. Ms. Hernandez commented that if everyone is expected to
comply with the same standards, it is easier to understand and enforce. Mr. Duffie noted that this
1
Community Affairs and Parks Committee
October 24, 2006 5:00 p.m.
Present: Joan Hernandez, Chair; Joe Duffle, and Pam Linder, council members.
Kevin Fuhrer, Director of Finance; Derek Speck, Economic Development Administrator;
Jim Morrow, Director of Public Works; Steve Lancaster, Director of Department of
Community Development; Lynn Miranda, Senior Planner; Joyce Trantina, Code
Enforcement Officer; Evelyn Boykan, Program Manager, Human Services; Bruce
Fletcher, Director of Parks and Recreation; Rick Still, Deputy Director of Parks and
Recreation; Dave Johnson, Rec. Superintendent, Facilities; Marty O'Brien, Main.
Operations Supt., Golf; Curt Chandler, Main. Supervisor, Golf; Paul Surek, Main.
Operations Supt., Parks; Malcom Neely, Aquatics Program Coordinator; Diane Jenkins,
Administrative Assistant to the Council; and Chuck Parrish, community member.
Business Agenda:
1
A. Update on Tukwila Urban Center Plan
Ms. Miranda noted that there has riot been a briefing on the Tukwila Urban Center plan since
May 2004. In 2002, the City received a $1.4 million grant to develop a plan for the Tukwila
Urban Center. A draft of the plan has been received from the consultant that encompasses the
vision of the Planning Commission and Council. This area would be designated an "urban
center" and would allow the City to capitalize on funding options. Ms. Miranda indicated that
the review of the plan should be completed by the end of the year and public process initiated
next spring. Ms. Linder asked about the public process. Ms. Miranda noted that suggestions and
comments from staff will be given to the consultants. Following that, the plan will again be
reviewed internally and then forwarded to the Planning Commission for public hearings and then
submitted to the Council in March/April. Ms. Hernandez asked if a location for the pedestrian
bridge over the Green River had been determined. Ms. Miranda noted that the preliminary
location is via the Bow Lake Pipeline easement to the commuter rail station. Ms. Hernandez
asked if there id w 1 in Westfield's would be a s e a k i Westf eld s plan. Ms. Miranda indicated that a
covered walkway is planned from the Mall to the existing southbound transit center station. This
will help improve pedestrian safety. Information only.
B. Briefing on Tukwila Urban Center Plan Supplemental Environmental Impact Statement
(SEIS) Consultant Contract
Ms. Miranda provided a briefing on the Tukwila Urban Center Plan EIS Consultant Contract. A
contract was issued to Huckell Weinman Associates (HWA) in 2005. After partially completing
the work, the firm dissolved. Therefore, a new contract will be entered into with Richard
Weinman, previous project manager with HWA, to complete the remaining work. Information
only.
C. Renewal of moratorium within the Transit Oriented Development (TOD) planning area
Ms. Miranda noted that the renewal of a moratorium within the Transit Oriented Development
(TOD) planning area surrounding the Sounder Commuter Rail/Amtrak Station has occurred eight
times. Mr. Lancaster noted that there are no limitations on the number of renewals. At this time,
the TUC Plan adoption is anticipated in the summer of 2007. Ms. Hernandez noted that the
Council would hold a public hearing on November 13 and has three options available: renew the
moratorium; modify the proposed ordinance; or take no action. Unanimous approval to
forward to 11/13 COW for Public Hearing.
D. An ordinance establishing specific criteria for maintenance of vacant structures
Ms. Trantina provided a report on the development of an ordinance for the maintenance of
vacant structures. She reviewed some photos of vacant structures within the City of Tukwila
showing how some of them are boarded -up. The proposed ordinance would require that the
Minutes Community Affairs Parks 2
October 24, 2006
property be maintained in such a way as not to appear vacant. The new ordinance will allow the
City to work with property owners. It is estimated that there are approximately 50 vacant
structures. She reviewed the proposed ordinance. Unanimous approval to forward to COW.
E. Continued review of the 2007 Proposed Budget and CIP
The members of the Community and Parks Committee reviewed the following pages of the 2007
Proposed Budget. Mr. Fuhrer highlighted changes from last year and responded to questions of
the council members. This information will be reviewed at the November 6 regular council
meeting.
Mainline Commission 38
Mr. Lancaster noted that the budget is similar to last year's budget.
DCD Dent. DE. 73 82
Mr. Lancaster noted that the most significant issue for next year's budget is assuming
responsibility for electrical inspections and staffing this position. In addition, there are several
construction projects ongoing which may require employing a third building inspector. This
decision will be based on needs; however, sufficient budget capacity has been built into the
budget. Mr. Duffie noted that if the City hires an electrical inspector, a State inspector would no
longer be needed. Mr. Lancaster pointed out that when the City took on the responsibility for
plumbing and building inspections, a more coordinated approach was taken. In referring to
pages 74 and 75, Mr. Lancaster noted that the Mayor was allocating funding for revision of the
City's sign code to fund some consultant work. Referring to page 79, Mr. Fuhrer highlighted the
need to add a full -time permit technician to existing staff. This will consist of a 1 FTE
administrative support position and one .5 FTE administrative support position and equate to
approximately a $26,000 increase in the budget. A budget errata sheet will be provided and the
organizational chart adjusted. Mr. Lancaster pointed out that there is currently a .5 FTE permit
technician. The cost will be offset by permit fees.
Parks
CIP 5 -29
On page 6, Mr. Fletcher referred to the Duwamish River Bend Hill Park and noted that funds are
being solicited through partnerships with Cascade Land Conservancy and citizen's groups. On
page 7, Macadam Winter Garden, the Committee will need to be reconvened to consider the
scope of the project and to decide whether to construct it over two separate periods or wait until
more funding is secured. Mr. Morrow noted that the City cannot do the project in increments.
Whatever is constructed must stand independently. Page 8, Tukwila Pond, is being spearheaded
by DCD. The money allocated is for planning and water quality, not construction. Page 9,
Water Spray Park, the site may be relocated to either the Tukwila Community Center or the
swimming pool. The swimming pool would require permission by the school district. On
page 10, Tukwila City Pool, Mr. Neely highlighted the deficiencies HVAC, pool liner, and
broken tiles and outlined some possible options. Mr. Duffie asked about the cost of the liner.
Mr. Neely responded $150,000- $200,000. Mr. Duffie noted that the property belongs to the
school district. Mr. Fletcher reported that the City is negotiating for an extension of the lease.
The City will not replace the liner without a new lease extension. On page 11, Mr. Fletcher
reviewed efforts to acquire riverfront land next to the 57` Ave. S Park in the Foster Point
neighborhood. He expressed concern with the appraisal and availability of funds. On page 12,
Fort Dent Park, Mr. Fletcher noted that the outdoor restrooms need to be upgraded and the
playground relocated. Mr. Morrow noted that $750,000 was spent to upgrade the surface water
system. Bids for the sewer upgrade should be opened in November. Also, 250 additional