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HomeMy WebLinkAboutCOW 2004-10-25 Item 4C - Ordinance - Process to Attach Tax Liens and Recover Costs to Recoup Abatement Costs �Jdp11LA. COUNCIL AGENDA SYNOPSIS o AeP 4 Initials ITEM NO. r te Meeting Date 1 Prepared by I Mayor's mien; 1 Council review 1 w t 10/25/05 I S. Kers1akel AAA- 1 f• ivt f/ 1 1908: 1 1 1 1 1 L A C. 1 I I I I ITEM INFORMATION CAS NUMBER: 04-145 I ORIGINAL AGENDA DATE: October 25, 2004 AGENDA ITEM TITLE Ordinance Amending Chapter 8.45 Enforcement of the TMC to Implement Provisions of RCW 35.80. (Code Enforcement Tax Lien Ordinance) CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other Mtg Date Mtg Date Mtg Date Mtg Date 10/25/04 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PevR Police PW 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. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/12/04 RECOMMENDATIONS: SPONSOR /ADMIN. Adoption of Ordinance amending Chapter 8.45 of the TMC COMMIITEE tQST IMPACT /.FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- 0 $-0- Fund Source: Comments: .,latatrafE „rI „_s W ,ti..., RE'CO'RD,OF COUNCIL- ACTION 10/25/04 MT$ DATE 4 ar s ATTACHMENTS 10/25/04 MEMORANDUM FROM SHELLEY KERSLAKE DATED OCTOBER 18, 2004 MEMORANDUM FROM JACK PACE DATED OCTOBER 7, 2004 DRAFT PROPOSED ORDINANCE WITH ATTACHMENTS MINUTES COMMUNITY AFFAIRS AND PARKS COMMITTEE OCTOBER 12, 2004 ('aqe 2) INFORMATION MEMO To: Committee of the ..W_.~ole From: Shelley Kerslake ~× Date: October 18, 2004 /~' '~ Subject: Code Enforcement Lien Ordinance Project No. ISSUE The Department of Community Development requests an amendment to Chapter 8.45 of the TMC and adoption of RCW 35.80 allowing the City to recoups.abatements costs by filing tax liens. BACKGROUND The Tukwila City Council adopted the Intemational Property Maintenance Code in July, 2004. The new code replaced most of TMC Chapter 8.28 "Nuisances" and Chapter 16.06 "buildings and Construction: Housing Code of the TMC. 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 able to file a tax lien under RCW 35.80 and recoup clean- up costs in a timely manner. DISCUSSION/ANALYSIS/ALTERNATIVES The City can continue its present policy of filing property liens and recouping costs at the time the property is sold or refinanced~f procedure which can take as long as 20 years to complete. By adopting the proposed ordinance the City would be able to recoup its costs in as little as three years by filing a tax lien instead. RECOMMENDATION Adoption of the Code Enforcement Tax Lien Ordinance. Attachments: Proposed Ordinance Minutes from October 12, 2004 Community and Parks Committee INFORMATION MEMO To: Mayor Mullet Jack Pace, Deputy Director, Dept. of Community Development X~{ Frojn: Code Enforcement Division (\' Date: October 7, 2004 Subject: Code Enforcement Tax Lien Ordinance ISSUE ~. Review the Code Enforcement Tax Lien Ordinance which provides the legal mechanism to allow the City to file tax liens for the purpose of recouping abatement costs. BACKGROUND In July of 2004, the Tukwila City Council adopted the International Property Maintenance Code. This code addresses existing structures and was designed to work hand-in-hand with the International Building Code. Adoption of the new International Property Maintenance Code (I.P.M.C.) replaced most of TMC Chapter 8.28 "Nuisances", and Chapter 16.06, "Buildings and Construction", Housing Code of the TMC In the case of a particularly grievous violation, whereby responsible parties are unwilling or unable to abate the violations themselves, the City may take the necessary steps to resolve the issues. This could include: boarding up/demolishing structures deemed to be unsafe; eliminating trash and debris that are of a magnitude so as to constitute a health hazard to surrounding properties and the public; removing abandoned, junk vehicles that are considered a nuisance. Currently, when the City steps in to resolve violations, a lien is attached to the property. The City can only recoup its costs when the property is sold, which could take 20 years or longer. If such a violation involves dilapidated or'dangerous ~Iructures that are unfit for human habitation or use, the State of Washington has provided the City with another enforcement mechamsm. RCW Chapter 35.8C, Unfit Dwellings, Buildings and Structures, allows the City to order property owners to abate such structures, and if the owner does not comply with the City's order, the City may conduct the abatement. Currently, when the City steps in to resolve violations, a lien is attached to the property. Where RCW Chapter 35 ~80 differs from the other enforcement mechanisms currently available to the City, is that the City's costs in abating a dangerous structure under Chapter 35.80 can be filed as a tax assessment against the property (see attached RCW 35.80). Under this assessment, often referred to as a tax li~n, the City's abatement costs are treated as delinquent taxes, with interest and penalties accruing from the date of filing the assessment. This allows the City to recoup its clean-up costs in as little as 3 years. The adoption of the Code Enforcement Lien Ordinance (see attached Draft Ordinance), establishes the mechanisms for the City to act under RCW Chapter 35.80, including the designation of a City Improvement Officer (Code Enforcement Officer) and an Appeals Commission (The City Hearing Examiner). This will also provid6 a final opportunity for "violators" to present their case, before the City takes further action. ALTERNATIVES The City can continue to utilize the current process of recouping abatement costs when property is refinanced or sold, or adopt the proposed Ordinance, establishing a process for attaching tax liens and recovering its costs in a more timely manner. RECOMMENDATION Recommend forwarding of this Ordinance to the Committee of the Whole for further review. CITY OF TUKWILA oT o AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING CHAPTER 8.45, ENFORCEMENT, OF THE TUKWILA MUNICIPAL CODE TO IMPLEMENT THE PROVISIONS OF RCW CHAPTER 35.80 WHEREAS, the City Council has adopted various codes relating to dangerous and substandard buildings and structures, including the 2003 Edition of the International Property Maintenance Code; and 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 buildings and structures that are unfit for human habitation and use; and WHEREAS, if the responsible parties do not comply with the City's order, RCW Chapter 35.80 also authorizes the City to undertake the demolition or repair of buildings and structures and to place the cost of the remediation on the tax roles as assessment against the property; and WHEREAS, the City Council finds that the costs of repairing or demolishing an 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 enforcemem methods set forth in this. Chapter and elsewhere in the Tukwila Municipal Code, violations of the Tukwila Municipal Code 'may be enforced under the following provi§ions. 8.45.120. RCW Chapter 35.80 Adopted. RCW Chapter 35.80, Unfit Dwellings, Buildings, and Structures, as it currently exists or is hereinafter amended, is hereby adopted. C:\WINDOWS\TEMP\Code Enforcement-Buildings and Stmcturcs. DOC/DCDIlO/07104 . 8.45.130. Improvement Officer and Appeals Commission Designated. The 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. 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 Municilfal Code as the Improvement Officer deems applicable, in particular the most recent edition of the International Propei'ty Maintenance Code. 8.45.150. 'Service of Complaint. A complaint issued under this Chapter 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 no~ more than thirty days after-serving a complaint, the Improvement Officer shall hold a heating 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 testimony regarding the complaint. At any time prior to or at the time of the hearing, any party may file an answer to the complaint· The Improvement Officer shall adopt procedural rules governing the procedure of such hearing, which shall be available for public inspection at the Tukwila Department of Community Development. 8.45.170. Determination, Findings of Fact, and Order. Within ten days of the complaint hearing, the Improvement Officer shall issue a Determination, Findings of Fact, and Order stating the Improvement Officer's determination as to whether the subject dwelling, building, str?ture, 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 8.45.150, and if no appeal is filed within the deadline specified in TMC 8.45.180, a copy of the Determination, Findings of Fact, and Order shall be filed with the King County Auditor. · -2- C:\WEqDOW$\TEMP\Code Enforcement-Buildings and Stmctures.DOCIDCD[lO/07/04 . 8.45.180. Appeal to Appeals Commission. Within thirty 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 roles, except that the Appeals Commission shall conduct a hearing on the appeal and issue it ruling within sixty 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 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 thirty days after the Appeals Commission's ruling l~as 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. 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 prowsions 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 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. 8evembility. Should any section, paragraph, sentence, clause or pttrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or -3- C:\WINDOWS\TEMP\Cod¢ Enforcement-Buildings and Structures.DOCIDCD/lOl07104 . f~deral law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 3. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE DAY OF ,2004. CITY OF TUKWILA Mayor Steven M. Mullel ATtEST/AUTHENTICATED: Jane Canto, City Clerk Approved astoform: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Date of Publication: Effective Date: -4- C:\WINDOWS\TEMP\Code Enforcement-Buildings and Stmcmres,DOC/DCDIlOl07104 , ' Page 1 of 1 RCW 35.80.010 Declaration of purpose. It is hereby found that there exist, in the various municipalities and counties of the state, dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepmr, structural defects, defects increasing the hazards of fire. accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of such municipalities and counties. It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended, and that the necessity of the public interest for the enactment of this law is hereby declared to ~e a matter of local legislative determination. [1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967 c 111 § 1; 1965 c 7 § 35.80.010. Prior: 1959 c 82 § 14 http://www.~eg.wa.g~v/RCW/index.~fm?fusea~~~n=Secti~n&Secti~n=35.8~.~~~&printv... 10/06/2004 · Page 1 of 1 RCW 35.80.020 Definitions. The following terms, however used or referred to in this chapter, shall have the following meanings, unless a different meaning is clearly indicated by the context: (I) "Board" shall mean the improvement board as provided for in RCW 35.80.030(1) (a); (2) "Local governing body" shall mean the council, board, commission, or other legislative body charged with governing the municipality or county; (3) "Municipality" shall mean any city, town or county in the state; (4) "Public officer" shall mean any officer who is in charge of ~my department or branch of the government of the municipality or county relating to health, fire, building regulation, or other activities concerning dwellings, buildings, structures, or premises in the municipality or county. [1989 ¢ 133 § 2; 1969 ex.s. c 127 § 2; 1967 c Ill § 2; 1965 c 7 § 35.80.020. Prior: 1959 c 82 § 2.] http://www.~eg.wa.g~v/RCW/index.cfm?fuseacti~n=Secti~n&Secti~n=35.8~.~2~&printv... 10/06/2004 · Page 1 of 4 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, said 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 herein. Said board or officer may be an existing mtmic~pal 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 said ordinance. If a board is created, the ordinance shall specify the terms, me,hod of appointment, and type of membership of said board., which may be limited, if the local governing body chooses, to public officers as herein defined. (b) Ifa board is created, a public officer, 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 said 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 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 properVj 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 said 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 euntrolling 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 premise [premises] is located, and such filing of the complaint or order shall have the same force and effect as other lis per, dens 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 http://www.leg.walgov/Rcw/index.cfm?fuseaction=Section&S ection=35.80.030&printv... 10/06/2004 ' Page 2 of 4 neighboring dwellings, or other residents of such mumc~pality. 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 subdivision (7)(a) herein, 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 subdivision (1)(c), and shall post in a conspicuous place on said property, an order which (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 subdivision (1)(e); 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 said 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. (g) 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 the provisions of subdivision (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 m assure a prompt and thorough review of mattem 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 manher and to the extent provided in subdivision (2) of this section. If the owner or party in interest, following exhaustion of his rights to appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the http:~/www.~eg.wa.g~v/RCW/index.cfm?fuseacti~n=Secti~n&Secti~n=35.8~.~3~&printv... 10/06/2004 Page 3 of 4 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. Upon certification to him 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, as now or hereafter amended, 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 said 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 subdivision (1)(f) hereof 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 goveming 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 herein granted: (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) Nothing in this section shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=35.80.030&printv... 10/06/2004 ' Page 4 of 4 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. (6) Nothing in this section shall be construed to 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, which is injurious to the public health, safety, morals, or welfare, and (d) prescribe punishment for the violation of any provision of such ordinance. ~' [1989 c 133 § 3; 1984 c 213 § 1; 1973 1st ex.s. c 144 § 1; 1969 ex.s. c 127 § 3; 1967 c 111 § 3; 1965 c 7 § 35.80.030. Prior: 1959 c 82 § 3.] http://www.leg.wa.gov/RCW/index.cfm?fuseaction=Section&Section=35.80.03 0&printv... 10/06/2004 - , 'Page 1 of 1 RCW 35.80.040 Discrimination prohibited. For all the purposes of this chapter and the ordinances adopted as provided herein, no person shall, because of race, creed, color, or national origin, be subjecSed to any discrimination. [1965 c 7 § 35.80.040. Prior: 1959 c 82 § 4.] NOTES: Discrimination -- Human rights commission: Chapter 49.60 RCW. http://www.leg.wa.gov/RCW/index.efm?fuseaction=Section&Section=35.80.040&printv... 10/06/2004 Community and Parks Committee October 12, 2004 Page 2 Code En£oreement Tax Lien Ordinance. Jack Pace introduced Stephen King of KenyordDisend. Stephen is DCD's primary legal resource for code enforcement. Stephen explained that under the City's current code enforcement regulations we have the ability to undertake certain kinds of nuisance abatement work if the property owner refuses. Ftuther, the City is able to recoup its costs by attaching a lien against the property. The lien must be satisfied (the City must be paid) at the time the property is sold. Obviously, it can take many years for the City to recoverdts costs. State law provides a more effective mechanism for cost recovery whe. n the violation involves dilapidated or dangerous structures not fit for human habitation. Under KCW Chapter 35.80 the City may order owners to abate such structures a~d if the owner doesn't comply, the City may conduct the abatement itself· The City can then file a tax assessment, under which the city's abatement costs are treated as delinquent taxes, which allows the city to recover its'costs in as little as three years. The ordinance included in the agenda packet would authorize use of this new tool for nuisance abatement. Forward to COW with recommendation to aoprove. lnterloeal A~reement -I~ing Coun~ Rural Library. District,. Para Linder indicated she would prefer that the proposed interlocal agreement be forwm:ded to the next Committee of the Whole Committee, rather than d~rectly t a regular City Council meeting. The other Committee members agreed. Forward to COW. Tukwila South Annexation.. Steve Lancaster explained that King County ~s reluctant to support annexation of the Segale (La Pianta) property separately from the rest of Tukwila's south potential annexation area (PAA). They would prefer we annex the entire PAA at once. Staff and the property owner are reluctant to attempt a single annexation, since it will likely lengthen and complicate the annexation process· Staffhas reached a tentative agreement with the County Executive under which he will support the Segale annexation, if Tuio~rila commits to initiate annexation of the remainder of the PAA mediately after. The attached draft resolution would provide this commitment. Forward to COW with recommendation to approve,. ~,~ommittee chair approval