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HomeMy WebLinkAboutReg 2004-11-01 Item 6B - Ordinance - Process to Attach Tax Liens and Recover Costs to Recoup Abatement Costs COUNCIL AGENDA SYNOPSIS O f t A HZ S Initials ITEM ND. Q ;AO 1 E Meeting Date Prepared by 1 Mayor's review 1 Cowl/ review, 11 -1 -04 1 1 1 rgQa 1 I 1 1 1 0 1 1 ITEM INFORMATION CAS NUMBER: Ref 04-145 I ORIGINAL AGENDA DATE: 10/25/04 AGENDA ITEM TITLE Ordinance Amending Chapter 8.45 Enforcement of the TMC to Implement Provisions of RCW 35.80. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 11/1/04 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PTV SPONSOR'S The Proposed Ordinance establishes a process for attaching tax liens and recovering its SUMMARY costs to recoup abatement costs in a more timely manner. It was reviewed by the Community and Parks Committee on October 12, 2004. The Committee recommended that it be sent to COW for approval. The Committee of the Whole reviewed the Ordinance on October 25, 2004 and recommended it be set for the regular meeting on November 1, 2004. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/25/04 (COW); 10/12/04 (CA &P) RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Ordinance amending Chapter 8.45 of the TMC COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- -0- -0- Fund Source: Comments: ,.z.;< Hm is RE 't✓G RID OF' .aOUvDI 10/25/04 I Discussed at COW; consensus existed to forward to Regular mtg. for action. MTG.SDATE �a iNs g s �..,:,a _..._ATTACHMENTS 11/1/04 Memo, Proposed Ordinance, excerpt from Minutes of COW October 25, 2004 INFORMATION MEMO To: From: Date: Subject: Project No. City Council Shelley Kerslake October 27, 2004 Code Enforcement Lien Ordinance ISSUE The Department of CommunityDevelopment requests an amendment to Chapter 8.45 of the TMC and adoption of RCW 35 .80 allowing the City to recoup abatements costs by filing tax liens. BACKGROUND The Tukwila City Council adopted the International Property Maintenance Code in July, 2004. The new code replaced most ofTMC Chapter 8.28 ''Nuisances'' and Chapter 16.06 "buildings and Construction: HOllsing Code oftheTMC. In the past, the City could only recoup its abatement costs by filing a lien against the subject property. Costs would then be recovered when the property sold, which could take 20 years or longer. If adopted, the City would be ab1eto file a tax lien under RCW 35.80 and recoup clean- up costs in a timely manner. DISCUSSION/ ANALYSIS/AL TERNATIVES The City can continue its present policy of filing property liens and recouping costs at the time the property is sold or refinance, a procedure which can take as long as 20 years to complete. By adopting the proposed ordinance the City\vould be able to recoup its costs in as little as three years by filing a tax lien instead. RECOMMENDATION Adoption ofthe Code Enforcement Tax Lien Ordinance. Attachments: Proposed. Ordinance Minutes from October 12, 2004 Community and Parks Committee Excerpt from Minutes from October 25,2004 COW Aso@ C ity of Tukw Washington =I Ordinance No AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, ;43:'• WASHINGTON, IMPLEMENTING THE PROVISIONS OF RCW CHAPTER 35.80, WHICH ENABLE THE CITY TO ORDER THE REPAIR OR DEMOLITION OF DANGEROUS OR SUBSTANDARD f STRUCTURES, AND ASSESS THE COST OF ANY ACTION TAKEN :V. AGAINST THE SUBJECT PROPERTY AS A TAX LIEN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 1 WHEREAS, the City Council has adopted various codes relating to dangerous and substandard buildings and structures, including the 2003 edition of the International 7 Property Maintenance Code; and A f WHEREAS, Chapter 8.45 of the Tukwila Municipal Code sets forth the enforcement mechanisms available to the City to protect the public from such buildings and structures; and WHEREAS, RCW Chapter 35.80 authorizes the City to adopt an additional enforcement mechanism under which the City may order the repair or demolition of i buildings and structures that are unfit for human habitation and use; and :f WHEREAS, if the responsible parties do not comply with the City's order, RCW Chap 35.80 also authorizes the City to undertake the demolition or repair of buildings a ..:::5;10: and structures and to place the cost of the remediation on the tax roles as assessment against the property; and fry f. f. -f WHEREAS, the City Council finds that the costs of repairing or demolishing an k unfit building or structure should be borne by the owner of that building or structure, rather than the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 8.45 Amended. Chapter 8.45, Enforcement, of the Tukwila Municipal Code, is hereby amended by the addition of the following sections: 8.45.110. Additional Enforcement Mechanism. In addition to, and in combination with, the enforcement methods set forth in TMC Chapter 8.45 and elsewhere in the Tukwila Municipal Code, violations of the Tukwila Municipal Code may be enforced under the following provisions. 8.45.120. RCW Chapter 35.80 Adopted. RCW Chapter 35.80, Unfit Dwellings, Buildin and Structures, as it currently exists or is hereinafter amended, is hereby adopted. 8.45.130. Improvement Officer and Appeals Commission Designated. The :.::„'::.w, Code Enforcement Officer, and the Code Enforcement Officer's designee, is designated as the City's "Improvement Officer,' and shall have the full scope of authority granted to that official under RCW Chapter 35.80. The City of Tukwila Hearing Examiner is designated as the City's "Appeals Commission," and shall have the full scope of authority granted to that commission under RCW Chapter 35.80. Tax Liens and Abatement Costs 10/29/04 Page 1 of 3 8.45.140. Improvement Officer Authority Issuance of Complaint. If, after a preliminary investigation of any dwelling, building, structure, or premises, the Improvement Officer finds that it is unfit for human habitation or other use, the Improvement Officer may issue a complaint conforming to the provisions of RCW 35.80.030, stating in what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In determining whether a dwelling, building, structure or premises should be repaired or demolished, the Improvement Officer shall be guided by the Tukwila Municipal Code and such other codes adopted pursuant to the Tukwila Municipal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. 8.45.150. Service of Complaint. A complaint issued under TMC Chapter 8.45 shall be served on the parties and posted on the subject property pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purposes of service, such complaints or other documents are deemed effective on the day of posting. 8.45.160. Complaint Hearing. Not less than ten days nor more than 30 days after serving a complaint, the Improvement Officer shall hold a hearing s conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be given the right to appear in person, to bring witnesses, and to give `j'::f5;; testimony regarding the complaint. At any time prior to or at the time of the -r. hearing, any party may file an answer to the complaint. The Improvement Officer shall adopt procedural rules governing the procedure of such hearing, `'a- which shall be available for public inspection at the Tukwila Department of ::•3;:: Community Development. -s% 8.45.170. Determination, Findings of Fact, and Order. Within ten days of the complaint hearing, the Im rovement Officer shall issue a Determination, Findings of Fact, and Order stating the Improvement Officer's determination as to whether the subject dwelling, building, structure or premises is unfit for human habitation or other use, the findings of fact supporting the determination, and an order specifying the actions necessary to address any unfitness and a deadline for completing the actions. The Determination, Findings of Fact, and Order shall be served and posted as set forth in TMC i.' 8.45.150, and if no appeal is filed within the deadline specified in TMC 7 8.45.180, a copy of the Determination, Findings of Fact, and Order shall be filed with the King County Auditor. 8.45.180. Appeal to Appeals Commission. Within 30 days of service of a Determination, Findings of Fact, and Order, any party may file an appeal to the Appeals Commission. Such an appeal shall be governed by the City of Tukwila Hearing Examiner's procedural rules, except that the Appeals Commission shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral findings of fact, the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in TMC 8.45.150, and if no appeal is filed within the deadline specified in TMC 8.45.190, a copy of the ruling shall be filed with :::f.:: the King County Auditor. 8.45.190. Appeal to Superior Court. Any person affected by a Determination, Findings of Fact, and Order issued by the Improvement Officer, who has brought an appeal before the Appeals Commission pursuant to TMC 8.45.180 may, within 30 days after the Appeals Commission's ruling has been served and posted pursuant to TMC 8.45.150, petition the King County Superior Court for an injunction restraining the Improvement Officer from carrying out the provisions of the Determination, Findings of Fact, and Order. In all such proceedings, the Court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo. Tax Liens and Abatement Costs 10/29/04 Page 2 of 3 8.45.200. Remediation/Penalties. If a party, following exhaustion of the party's rights to appeal, fails to comply with the Determination, Findings of Fact, and Order, the Officer may direct or cause the subject dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished pursuant to RCW Chapter 35.80. 8.45.210. Tax Lien. The cost of any action taken by the Improvement Officer under TMC 8.45.200 shall be assessed against the subject property pursuant to RCW Chapter 35.80. Upon certification by the City of Tukwila Finance Director that the assessment amount is due and owing, the King County Treasurer shall enter the amount of such assessment upon the tax rolls against the subject property pursuant to the provisions of RCW 35.80.030. 8.45.220. Salvage. Materials from any dwelling, building, structure, or premises removed or demolished by the Improvement Officer shall, if possible, be salvage and sold as if the materials were surplus property of the City of Tukwila, and the funds received from the sale shall be credited against the cost s 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 Improvement Officer, after deducting the costs incident thereto. 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 CrrY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2004. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk. APPROVED AS TO FORM BY: Passed by the City Council- Published. Effective Date. ;y;: Office of the City Attorney Ordinance Number. Tax Liens and Abatement Costs 10/29/04 Page 3 of 3 EXCERPT FROM MINUTES OF OCTOBER 25, 2004 COW MEETING c. An ordinance establishino a orocess forattachino tax liens and recoverino costs to recouo abatement costs. AN ORDINANCE OF THE CITY COUNCIL OF THE em OF TUKWILA, WASHINGTON, AMENDING CHAPTER 8.45, ENFORCEMENT, OF THE TUKWILA MUNICIPAL CODE, TO IMPLEMENT THE PROVISIONS OF RCW CHAPTER 35.80 Councilmember Linder reported consideration and approval of this item at their October 12 Community Affairs and Parks Committee meeting. Atissueis whether or riotthe Council should adopt an ordinance which would allow the City to recoup abatement costs by filing tax liens with King County, on buildings which impact public safety. Steve King, municipal attorney with Kenyon-Disend, reported the proposed ordinance gives the City an additional enforcement mechanism. The proposed ordinance adopts RCW 35.80 by reference and allowsfor the attachment of tax liens and recovery of costs in a timely manner. More limited than other Code Enforcement mechanisms, this ordinance. may only be applied to structures that are. unfit for human habitation or use. The tool may not be used where need exists for improved aesthetics or for those violations which not impact safety and welfare. Mr. King relayed the legal process associated, including the filing of an appeal with King County Superior Court, after exhausting administrative remedies at the City level. He also addressed the affect of a tax lien on a property being filed and automatically considered a "delinquent tax." A delinquent tax after three years can trigger King County to "force a sale" of the property. Mr. King hoted Tukwila is the first jurisdiction (of which he is aware) to adopt this section of the RCW by reference. Calling the provision "under-utilized," Mr. King said the provision has rarely been used and no case law exists with respect its use. For consideration, consensus existed to forward the proposed ordinance to the November 1 Regular meeting.