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HomeMy WebLinkAboutCOW 2006-04-10 Item 4A - Ordinance - Relocation Assistance Program COUNCIL AGENDA SYNOPSIS t w s k r I ru t za l s ITEM NO. N S� 101 A'Ieetinq Date Prepared by Mayor's review Council review '`n ;os 1 04/10/06 1 kas /sl 1 h 1 0, 1k, ITEM INFORMATION CAS NUMBER. C 0 3 8 I ORIGINAL AGENDA DATE: APRIL 10, 2006 AGENDA ITEM TITLE Relocation Assistance Ordinance CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Aftg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S To adopt State standards for Relocation Assistance. SUMMARY REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE. March 28, 2006 RECOMMENDATIONS: SPONSOR /ADMIN. Forward to CC for adoption COMMrI1EE _Unanimous approval; forward to COW for discussion. COST IMPACT FUND SOU- RCE- EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $o $o $o Fund Source: N/A Comments: Any funds expended by the City are placed in tax lien against property owner to be repaid ',with'', 2 arc 1 _MTG. DATE 1 RECORD -OF COUNCIL ACTION 4/10/06 MTG. DATE ATTACHMENTS 4 -10 -06 Memo to COW from Steve Lancaster CA &P Packet with draft ordinance RCW 59.18.085 Rental of condemned or unlawful dwelling (State statute) RCW 35.80.030 Permissible ordinances Appeal (State statute on Tax Liens) CA &P Minutes City ofTukwila 6300 Southcenter Boulevard _ Tukwila, Washington 98188 MEMORANDUM To: Committee of the Whole From: Steve Lancaster/Kathy StetsonJ\lo.)~Li Date: April 3, 2006 Subject: Relocation Assistance Ordinance The State adopted Relocation Assistance legislation last year which requires landlords to pay their tenants if their rental units are condemned or declared unfit for occupancy. The legislation permits cities to pay this amount to the tenants if the landlord fails to do so within the time allowed and provides cities with a mechanism to recoup these "loans" from the landlord in the form of a tax lien. The City Attorney has advised that the City formally adopt the State's regulations into the TMC as a way to enforce and manage the Relocation Assistance process more effectively. The CA&P Committee reviewed this draft ordinance at their March 28, 2006 meeting and have forwarded it to the COW for discussion and consideration. A public hearing is not required to adopt this ordinance. Staff recommends that this item be placed on the agenda for adoption at the next Regular Meeting of the City Council. Department of Community Development 206-431-3670 \\Tuk2\vol2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to COW.doc City ofTukwila 6300 Southcenter Boulevard _ Tukwila, Washington 98188 MEMORANDUM To: From: Community Affairs and Parks Committee t-llt Steve Lancaster/Kathy Stetso~}l cvY March 23, 2006 Date: Subject: Relocation Assistance Ordinance Issue Should the City adopt legislation requiring owners of uninhabitable rental units to provide relocation assistance to their affected tenants? Back~round The State Legislature unanimously passed legislation in May 2005 (effective July 24, 2005) which requires landlords to provide relocation assistance for tenants who have been displaced due to substandard conditions when enforcement action is taken against the landlord by the local jurisdiction. The ordinance specifies the dollar amount and the timetable for payment to the tenants. It gives the City the authority to advance the assistance to the tenants if the landlord fails to do so under the established timetable, and provides the City with the means to recover these funds through a tax lien. The need for such an ordinance was illustrated last year by problems at an apartment complex in Tukwila. The landlord was several years in arrears on payments to Seattle City Light for the complex's common areas. Code Enforcement was notified by Seattle City Light that they were about to shut off all power to the complex at the pole Lack of electrical power renders the apartments "uninhabitable" under the International Property Maintenance Code, Chapter 6, Sections 604 and 605. Although- the landlord eventually paid his debt and the power was not turned off, the City was contemplating the prospect of condemning all 40 units and displacing the tenants. Without the "relocation assistance" provisions recently adopted by the legislature, the City did not have the tools to compel the landlord to make accommodations for his displaced tenants, nor did Department of Community Development 206-431-3670 \\Tuk2Ivo/2\PLANN/NGICode EnforcementlKathylRe/ocation AssistancelMemo to CAP3.doc Relocation Assistance Ordinance Memo to CA&P March 23, 2006 Page 2 we have the ability to "loan" the money to the tenants directly, since we did not have any legal means of enforcing repayment by the landlord At the recommendation of our City Attorney, in order for the City of Tukwila to utilize this tool to address derelict rental property, it is necessary for the City to formally adopt this legislation by ordinance. Proposed Ordinance Below are some of the highlights\of the State legislation' 1. If the City has notified a landlord that a dwelling is condemned or unlawful to occupy, the landlord may not enter into a rental agreement with anyone until the conditions are corrected. A violation of this entitles the tenant to three month's rent or triple actual damages sustained, whichever is greater, plus the costs of the lawsuit and attorney's fees. 2. If the city has notified the landlord that a dwelling will be condemned or is "unlawful to occupy due to the existence of conditions that violate applicable codes .. a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced tenants, .." with exceptions noted below: 3. Exceptions include: Conditions caused by the tenants or a third party's illegal conduct; Conditions arising from a natural disaster; As a result of the acquisition of the property by eminent domain. 4. Amount of assistance is either $2000 per dwelling or three times the monthly rent, whichever is qreater, plus entire amount of any deposit prepaid by the tenant and any prepaid rent. 5. Landlord must pay this amount within seven days of the notice of condemnation, eviction or displacement order issued by the City Landlord can either pay the amount directly to the tenant, or pay the amount to the City, who will then distribute it to the tenant. 6. If the landlord fails to make this payment within seven days, the City can advance the cost of the relocation assistance payments to the tenants. 7. The landlord may not evict the tenant, harass the tenant, reduce services to the tenant or materially increase or change the rent, etc. during this seven day period \\Tuk2\voI2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to CAP3.doc Relocation Assistance Ordinance Memo to CA&P March 23, 2006 Page 3 8 The tenant is entitled to also recover any actual damages sustained by them as a result of the condemnation that exceeds the amount of the assistance and may bring a lawsuit for such damages. Damages can also include attorney's fees, etc 9. If the City advances the relocation fees to the displaced tenant, the landlord must repay the loan within 60 days If the landlord fails to repay within 60 days the City shall assess a civil penalty of $50.00 per day per tenant. The debt will also accrue interest on the advanced amount at the maximum legal rate of interest permitted under RCW 19.52.020, commencing 30 days after the date of the payment to the tenants. 1 O.lf the City must sue to recover the amount of relocation assistance, the City is entitled to interest and penalties as well as attorneys' fees and costs. 11. The City is required to notify the tenants of their rights to relocation assistance under this law at the time the property is condemned. 12 The law also references the "the tax lien" statutes of RCW 35.80.030 (adopted by the City in late 2004 as TMC 8.45 200), wherein the City is entitled to attach the relocation assistance payments and any penalties as a tax lien against the property if the repayment is not made in a timely manner by the landlord. This includes all penalties and interest as well. Alternatives 1 Adopt the new legislation and use these tools to assist displaced tenants 2. Do not adopt the state legislation and continue to encourage landlords to "do the right thing" for their affected tenants. 3. Discontinue enforcement action against derelict properties. Recommendations Forward to the next scheduled COW meeting for discussion on adoption of the new Relocation Assistance ordinance. \\Tuk2\voI2\PLANNING\Code Enforcement\Kathy\Relocation Assistance\Memo to CAP3.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A RELOCATION ASSISTANCE PROGRAM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of lukwila is committed to ensuring that decent, safe and sanitary housing fit for human habitation is available to its citizenry; and WHEREAS, landlords are responsible for maintaining their occupied rental units in a condition that is fit for human habitation, and WHEREAS, the Revised Code of Washington authorizes the City of Tukwila to declare housing units unfit for occupancy if the City determines that certain egregious violations exist under guidelines outlined in the City's adopted Building, Fire or Property Maintenance Codes; and WHEREAS, certain tenants in the City of Tukwila may continue to live in rental housing that does not meet the City's minimum standards for health and safety because they cannot afford to pay the costs of relocation, and WHEREAS, if the City declares rental units unfit for human habitation, the landlord may be obligated under RCW 59 18.085 to provide relocation assistance to displaced tenants, and WHEREAS, the City of Tukwila may provide relocation assistance to displaced tenants in the event that the landlord fails to do so; and WHEREAS, the City of Tukwila desires to be reimbursed for any such relocation assistance that the City advances to displaced tenants, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A relocation assistance program is hereby established, codified at Tukwila Municipal Code Chapter 8.46, to read as follows: 8.46.010 Purpose The purpose of this chapter is to establish, pursuant to RCW 59.18085, a relocation assistance program for tenants whose dwellings have been condemned by the City 8.46.020 Notification of Relocation Assistance At the time the City notifies a landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, the City shall also notify both the landlord and the tenant(s) that the tenant(s) may be entitled to relocation assistance from the landlord under RCW 59 18.085 8.46.030 Advancement of Relocation Assistance If the City determines that the tenant(s) are entitled to relocation assistance, and the landlord has failed to provide the tenant(s) v-rith relocation assistance within seven days of the City notifying the landlord of the condemnation, eviction or displacement order, the City may advance the cost of relocation assistance to the tenant(s). The amount of c:\ Documents and Settings\All Users\Desktop\Kelly\MSDAT A \ Ordinances\Relocation Assistance.doc KS:ksn 4/6/2006 Page 1 of 2 relocation assistance advanced shall be no more than $2,000 or three times the monthly rent, whichever is greater 8.46.040 Reimbursement of Relocation Assistance The landlord shall reimburse the City the relocation assistance advanced by the City to the tenant(s) within 60 days from the date that the City first advanced said funds. 8.46.050 Penalty Failure by the landlord to repay the City for the advanced relocation assistance within 60 days shall result in the assessment of civil penalties in the amount of $50 per day for each displaced tenant. In addition, interest shall accrue at the maximum legal rate of interest permitted under RCW 19.52.020, commencing 30 days after the date the City first advanced relocation assistance funds to the displaced tenant(s) The City shall also be entitled to attorney'',S fees and costs arising from any legal action taken to recover unpaid relocation assistance, penalties and interest. The City may also recover advanced relocation assistance, penalties and interest pursuant to TMC 845.200 Remediation/Penal ties. 8.46.060 Exemption from Reimbursement of Relocation Assistance A. The landlord may be exempt from reimbursing the City for relocation assistance if the landlord can demonstrate by a preponderance of the evidence within seven days of the City sending notice of the condemnation, eviction or displacement order that the condition(s) causing the dwelling to be condemned or unlawful to occupy was directly caused by' 1. a tenant's or any third party's illegal conduct without the landlord's prior knowledge; 2. a natural disaster, such as an earthquake, tsunami, wind storm or hurricane; or 3. the acquisition of the property by eminent domain. B. Relocation assistance will not be advanced to a tenant who has entered into a rental agreement after official notice has been given to the landlord, but. before the violations have been corrected. Section 2. 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 3. 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 Regular Meeting thereof this day of , 2006. ATIEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Office of the City Attorney C:\Documents and Settings\All Users\ Desktop\Kelly\!vISDA T A \ Ordinances\Relocation Assistance.doc I<S:ksn 4/6/2006 Page 2 of 2 RCW 59.18.085: Rental of condemned or unlawful dwelling - Tenant's remedies - ReI... Page 1 of2 RCW 59.18.085 Rental of condemned or unlawful dwelling - Tenant's remedies - Relocation assistance - Penalties. (1) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling is condemned or unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord shall not enter into a rental agreement for the dwelling unit until the conditions are corrected. (2) If a landlord knowingly violates subsection (1) of this section, the tenant shall recover either three months' periodic rent or up to treble the actual damages sustained as a result of the violation, whichever is greater, costs of suit, or arbitration and reasonable attorneys' fees. If the tenant elects to terminate the tenancy as a result of the conditions leading to the posting, or if the appropriate governmental agency requires that the tenant vacate the premises, the tenant also shall recover: (a) The entire amount of any deposit prepaid by the tenant; and (b) All prepaid rent. (3)(a) If a governmental agency responsible for the enforcement of a building, housing, or other appropriate code has notified the landlord that a dwelling will be condemned or will be unlawful to occupy due to the existence of conditions that violate applicable codes, statutes, ordinances, or regulations, a landlord, who knew or should have known of the existence of these conditions, shall be required to pay relocation assistance to the displaced tenants except that: (i) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and directly results from conditions caused by a tenant's or any third party's illegal conduct without the landlord's prior knowledge; (ii) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which the condemnation or no occupancy order affects one or more dwelling units and results from conditions arising from a natural disaster such as, but not exclusively, an earthquake, tsunami, wind storm, or hurricane; and (Hi) A landlord shall not be required to pay relocation assistance to any displaced tenant in a case in which a condemnation affects one or more dwelling units and the tenant's displacement is a direct result of the acquisition of the property by eminent domain. (b) Relocation assistance provided to displaced tenants under this subsection shall be the greater amount of two thousand dollars per dwelling unit or three times the monthly rent. In addition to relocation assistance, the landlord shall be required to pay to the displaced tenants the entire amount of any deposit prepaid by the tenant and all prepaid rent. (c) The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent to displaced tenants within seven days of the governmental agency sending notice of the condemnation, eviction, or displacement order to the landlord. The landlord shall pay relocation assistance and any prepaid deposit and prepaid rent either by making individual payments by certified check to displaced tenants or by providing a certified check to the governmental agency ordering condemnation, eviction, or displacement, for distribution to the displaced tenants. If the landlord fails to complete payment of relocation assistance within the period required under this subsection, the city, town, county, or municipal corporation may advance the cost of the relocation assistance payments to the displaced tenants. (d) During the period from the date that a governmental agency responsible for the enforcement of a building, housing, or other appropriate code first notifies the landlord of conditions that violate applicable codes, statutes, ordinances, or regulations to the time that relocation assistance payments are paid to eligible tenants, or the conditions leading to the notification are corrected, the landlord may not: (i) Evict, harass, or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this section; (ii) Reduce services to any tenant; or (Iii) Materially increase or change the obligations of any tenant, including but not limited to any rent increase. (e) Displaced tenants shall be entitled to recover any relocation assistance, prepaid deposits, and prepaid rent required by (b) of this subsection. In addition, displaced tenants shall be entitled to recover any actual damages sustained by them as a result of the condemnation, eviction, or displacement that exceed the amount of relocation http://apps.leg.wa.gov/RCW /default.aspx?cite=59 .18. 085 03/17/2006 RCW 59.18.085: Rental of condemned or unlawful dwelling - Tenant's remedies - ReI... Page 20f2 assistance that is payable. In any action brought by displaced tenants to recover any payments or damages required or authorized by this subsection (3)(e) or (c) of this subsection that are not paid by the landlord or advanced by the city, town, county, or municipal corporation, the displaced tenants shall also be entitled to recover their costs of suit or arbitration and reasonable attorneys' fees. (f) If, after sixty days from the date that the city, town, county, or municipal corporation first advanced relocation assistance funds to the displaced tenants, a landlord has failed to repay the amount of relocation assistance advanced by the city, town, county, or municipal cOrporation under (c) of this subsection, then the city, town, county, or municipal corporation shall assess civil penalties in the amount of fifty dollars per day for each tenant to whom the city, town, county, or municipal corporation has advanced a relocation assistance payment. (g) In addition to the penalties set forth in (f) of this subsection, interest will accrue on the amount of relocation assistance paid by the city, town, county, or municipal corporation for which the property owner has not reimbursed the city, town, county, or municipal corporation. The rate of interest shall be the maximum legal rate of interest permitted under RCW 19.52.020, commencing thirty days after the date that the city first advanced relocation assistance funds to the displaced tenants. (h) If the city, town, county, or municipal co~poration must initiate legal action in order to recover the amount of relocation assistance payments that it has advanced to low-income tenants, including any interest and penalties under (f) and (g) of this subsection, the city, town, county, or municipal corporation shall be entitled to attorneys' fees and costs arising from its legal action. (4) The government agency that has notified the landlord that a dwelling will be condemned or will be unlawful to occupy shall notify the displaced tenants that they may be entitled to relocation assistance under this section. (5) No payment received by a displaced tenant under this section may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any tax imposed under Title 82 RCW, and the payments shall not be deducted from any amount to which any recipient would otherwise be entitled under Title 74 RCW [2005 c 364!i 2; 1989 c 342!i 13.] Notes: Purpose - 2005 c 364: "The people of the state of Washington deserve decent, safe, and sanitary housing. Certain tenants in the state of Washington have remained in rental housing that does not meet the state's minimum standards for health and safety because they cannot afford to pay the costs of relocation in advance of occupying new, safe, and habitable housing. In egregious cases, authorities have been forced to condemn property when landlords have failed to remedy building code or health code violations after repeated notice, and, as a result, families with limited financial resources have been displaced and left with nowhere to go. The purpose of this act is to establish a process by which displaced tenants would receive funds for relocation from landlords who fail to provide safe and sanitary housing after due notice of building code or health code violations. It is also the purpose of this act to provide enforcement mechanisms to cities, towns, counties, or municipal corporations including the ability to advance relocation funds to tenants who are displaced as a result of a landlord's failure to remedy building code or health code violations and later to collect the full amounts of these relocation funds, along with interest and penalties, from landlords." [2005 c 364 ~ 1.] Construction - 2005 c 364: "The powers and authority conferred by this act are in addition and supplemental to powers or authority conferred by any other law or authority, and nothing contained herein shall be construed to preempt any local ordinance requiring relocation assistance to tenants displaced by a landlord's failure to remedy building code or health code violations."[2005 c 364 ~ 4] http://apps.leg.wa.gov/RCW/default.aspx?cite=59.18.085 03/17/2006 RCW 35.80.030: PermissIble ordinances - Appeal. Page 1 of3 RCW 35.80.030 Permissible ordinances - Appeal. (1) Whenever the local governing body of a municipality finds that one or more conditions of the character described in RCW 35.80.010 exist within its territorial limits, that governing body may adopt ordinances relating to such dwellings, buildings, structures, or premises. Such.ordinances may provide for the following (a) That an "improvement board" or officer be designated or appointed to exercise the powers assigned to such board or officer by the ordinance as specified in this section. The board or officer may be an existing municipal board or officer in the municipality, or may be a separate board or officer appointed solely for the purpose of exercising the powers assigned by the ordinance. If a board is created, the ordinance shall specify the terms, method of appointment, and type of membership of the board, which may be limited, if the local governing body chooses, to public officers under this section. (b) That if a board is created, a public offiCE\r, other than a member of the improvement board, may be designated to work with the board and carry out the duties and exercise the powers assigned to the public officer by the ordinance. (c) That if, after a preliminary investigation of any dwelling, building, structure, or premises, the board or officer finds that it is unfit for human habitation or other use, he or she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the auditor's office of the county in which such property is located, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the board or officer in the exercise of reasonable diligence, and the board or officer makes 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 of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. Such complaint shall contain a notice that a hearing will be held before the board or officer, at a place therein fixed, not less than ten days nor more than thirty days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the board or officer. A copy of such complaint shall also be filed with the auditor of the county in which the dwelling, building, structure, or premises is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law (d) That the board or officer may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of such municipality 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 ordinance shall state reasonable and minimum standards covering such conditions, including those contained in ordinances adopted in accordance with subsection (7)(a) of this section, to guide the board or the public officer and the agents and employees of either, in determining the fitness of a dwelling for human habitation, or building, structure, or premises for other use. . (e) That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished, shall be based on specific stated standards on (i) the degree of structural deterioration of the dwelling, building, structure, or premises, or (ii) the relationship that the estimated cost of repair bears to the value of the dwelling, building, structure, or premises, with the method of determining this value to be specified in the ordinance. (f) That if, after the required hearing, the board or officer determines that the dwelling is unfit for human habitation, or building or structure or premises is unfit for other use, it shall state in writing its findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, as is provided in (c) of this subsection, and shall post in a conspicuous place on the property, an order that (i) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation, or for other use, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth as required in (e) of this subsection; or (ii) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located. http:// apps.leg. wa.gov IRCW 1 default.aspx?cIte= 35.80.030 03/17/2006 RCW 35.80.030: Permissible ordinances - Appeal. Page 2 of3 (g) That the owner or any party in interest, within thirty days from the date of service upon the owner and posting of an order issued by the board under (c) of this subsection, may file an appeal with the appeals commission. The local governing body of the municipality shall designate or establish a municipal agency to serve as the appeals commission. The local governing body shall also establish rules of procedure adequate to assure a prompt and thorough review of matters submitted to the appeals commission, and such rules of procedure shall include the following, without being limited thereto (i) All matters submitted to the appeals commission must be resolved by the commission within sixty days from the date of filing therewith and (ii) a transcript of the findings of fact of the appeals commission shall be made available to the owner or other party in interest upon demand. The findings and orders of the appeals commission shall be reported in the same manner and shall bear the same legal consequences as if issued by the board, and shall be subject to review only in the manner and to the extent provided in subsection (2) of this section. If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remoVe, or demolish the dwelling, building, structure, or premises, the board or officer may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished (h) That the amount of the cost of such repairs, alterations or improvements, or vacating and closing; or removal or demolition by the board or officer, shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For purposes of this subsection, the cost of vacating and closing shall include (i) the amount of relocation assistance payments that a property owner has not repaid to a municipality or other local government entity that has advanced relocation assistance payments to tenants under RCW 5918.085 and (ii) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085 Upon certification to him or her by the treasurer of the municipality in cases arising out of the city or town or by the county improvement board or officer, in cases arising out of the county, of the assessment amount being due and owing, 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 municipality. If the dwelling, building, structure, or premises is removed or demolished by the board or officer, the board or officer shall, if possible, sell the materials of such dwelling, building, structure, or premises in accordance with procedures set forth in the ordinance, and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the board or officer, after deducting the costs incident thereto. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. (2) Any person affected by an order issued by the appeals commission pursuant to subsection (1 )(g) of this section may, within thirty days after the posting and service of the order, petition to the superior court for an injunction restraining the public officer or members of the board from carrying out the provisions of the order In all such proceedings the court is authorized to affirm, reverse, or modify the order and such trial shall be heard de novo (3) An ordinance adopted by the local governing body of the municipality may authorize the board or officer to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section. These powers shall include the following in addition to others granted in this section: (a) (i) To determine which dwellings within the municipality are unfit for human habitation; (ii) to determine which buildings, structures, or premises are unfit for other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; and (c) to investigate the dwelling and other property. conditions in the municipality or county and to enter upon premises for the purpose of making examinations when the board or officer has reasonable ground for believing they are unfit for human habitation, or for other use: PROVIDED, That such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted. (4) The local governing body of any municipality adopting an ordinance pursuant to this chapter may appropriate the necessary funds to administer such ordinance. (5) This section does not abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law http://apps.leg.wa.gov/RCW/default.aspx?cite=35. 80.030 03/17/2006 RCW 35.80.030: Permissible ordinances - Appeal. Page 3 of3 (6) This section does not impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (7) Any municipality may by ordinance adopted by its governing body (a) prescribe minimum standards for the use and occupancy of dwellings throughout the municipality or county, (b) prescribe minimum standards for the use or occupancy of any building, structure, or premises used for any other purpose, (c) prevent the use or occupancy of any dwelling, building, structure, or premises, that is injurious to the public health, safety, morals, or welfare, and (d) prescribe punishment for the violation of any provision of such ordinance. [2005 c 364 S 3; 1989 c 133 S 3; 1984 c 213 S 1, 1973 1st ex.s. C 144 S 1, 1969 ex.s. C 127 S 3; 1967 C 111 S 3; 1965 c 7 S 35.80.030. Prior' 1959 C 82 ~ 3.] Notes: Purpose - Construction--2005 c 364: See notes following RCW 59 18 085. http://apps.leg. wa.govlRCW I default.aspx?cite=35. 80.030 03/17/2006 Commumty Affairs and Parks Committee March 28, 2006 Present: Joan Hernandez, Chair; Joe Duffie, Pamela Linder. Steve Lancaster, Brandon Miles, Jim Morrow, Jack Pace, Kathy Stetson, David Tully. Committee Chair Hernandez called the meeting to order at 5:00 PM. ; 1. Clarification of TMC - Public improvements. Public Works Director JIm Morrow provided some background regardmg the city's requirements for mfrastructure improvements for plats and subdivisions. He indicated that certain language in the City's SubdIvIsion Code may not be clear in describing City policy regarding bonding versus actual completIOn of required improvements. It has been the City's policy that all major infrastructure (sewer, water, stormwater, streets) must be substantially completed before a short plat or final subdivision plat may be filed for record. Mr. Morrow described the problems that may anse if mdividuallots are allowed to be sold prior to these improvements being completed. He went on to state that bonding may be appropriate for certain items, such as sidewalks, the final lift of asphalt paving and "punch list" items, and that these items are considered on a case-by-case basis. Mr. Morrow described proposed changes to Chapter 17.24 1MC that would more accurately reflect City policy on this issue. These changes have been reviewed by the City Attorney and the Department of Community Development. In addition to proposed revisIons included m the meeting agenda, he distributed a new proposed "Purpose" section (copy attached). Mr. Morrow mentioned that the City Attorney has suggested a minor revision to the language proposed for Section 17.24.030A. The Committee discussed some additional minor edits to the "Purpose" section and to Section 17.24.030B. Mr. Morrow will distribute a revised "mark-up" version of Chapter 17.24 reflecting these changes. Mr. Morrow and Mr. Lancaster also reported that the recent change to the preliminary plat approval process (now heard by the Planmng Commission rather than the CIty Council) requires some additional "housekeeping" changes to this Chapter. They will also be incorporated into the revised draft. The Committee thanked Mr. Tully for bringing this issue to the City's attention, and asked ifhe had any comments. Mr. Tully indicated support for the proposed clarifications. Forward to . COW. ~ Relocation Assistance Ordinance. Code Enforcement Officer Kathy Stetson reported that ~ l,~giSlation adopted. by the 2005 state legislature provides some improved tools for dealIng with difficult code enforcement Issues involving residential tenants. Under thIS legislatIOn, landlords can be reqUIred to provide cash relocation assistance to tenants dIsplaced due to CIty actions to correct substandard lIVing conditIOns. Ms. Stetson explamed the key provIsions of the new law, indicating that TukwIla must formally adopt provIsions of the legIslation m order to utilIze this new tool. Under the proposed ordmance, If the landlord has been notified by the City that one or Q'\COUNCIL\CAP\Minutes 3-28-06 doc-sJI-Created on 03/29/2006 4:35.00 PM Page I of2 more dwelhng UnIts are unlawful to occupy due to condItIOns that the landlord knew about or should have known about, affected tenants are entitled to relocatIon assIstance of $2000 per UnIt or three times the monthly rent, whichever is greater lfthe landlord fails to make payment within seven days of notIficatIOn, the CIty can advance these relocatIOn costs to the tenant and collect from the landlord, via a tax lien if necessary. The legIslation also contaInS provIsions protecting landlords from conditIOns over which they have no control (e.g., natural dIsaster or the unlawful acts of tenants or others), and prohibIting retaliation against tenants. Councilmember Linder asked whether Human ServIces has revIewed this proposal. Ms. Stetson indicated Human Services staff has been involved throughout development of this proposal and is very supportive. Forward to CO\\\-V. 3. Wireless Communication Facilities. Steve Lancaster mtroduced the tOpIC by explaming that Tukwila does not have regulations specific to wireless communication facilities. We have managed the location and configuration of these facilities through our conditional use penmt process, even though CUP decision cnteria do not always address the umque Issues associated with such facilities. He indicated that the proposed strategy for managIng these facilities would provide incentives and streamlined processes for low impact facilities and more rigorous standards and reVIew processes for facilities likely to impact residential areas. Brandon Miles reviewed the memo provided in the Committee agenda, highlIghting signIficant policy issues such as height limits, appropriate use of monopoles, special considerations for residential areas, use of existing utility towers and poles, encouraging "stealth" facilities (those that are hidden or camouflaged by architectural or other treatments), deCISIOn processes and related issues. He distributed photographs depicting various types of facilIties and treatments, and summarized staff recommendations for each of the issue areas. Staff is recommending that a new chapter be developed for the Zoning Code, addressing wireless communication facilities, and that the issue be referred to the Planning Commission to develop a proposed ordinance for City Council consideration. Referred to Planning Commission to develop recommendations to the CO\V. 4. Miscellaneous. Councilmember Linder stated she has been contacted by SeaTac City Councilmember Wythe, who has suggested that the Community AffaIrs and Parks CommIttee and SeaTac's Land Use and Parks Committee meet together to provide an opportunity to discuss issues of mutual interest. Committee Chair Hernandez agreed to contact Mr. Wythe and Invite SeaTac's committee to a future CAP meeting, and asked Mr. Lancaster to coordmate with SeaTac Planning Director Steve Butler. With no addItional business to come before the Committee, the meeting was adjourned at 6: 15 PM. Minutes by S. Lancaster ~ Committee Chair approval. Q'\COUNCIL\CAP\Mmutes 3-28-06.doc-sjl-Created on 03/29/2006 4.35.00 PM Page 2 of2