HomeMy WebLinkAboutOrd 2548 - Code Enforcement Issues Relating to Unfit Dwellings, Buildings and Structures (TMC Chapter 8.48)City of Tukwila
Washington
Ordinance No. a c
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2067,
AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL
CODE CHAPTER 8.45, "ENFORCEMENT"; ADOPTING A NEW
CHAPTER OF THE TUKWILA MUNICIPAL CODE TO
CONSOLIDATE PROCEDURES FOR ENFORCEMENT ISSUES
RELATED TO UNFIT DWELLINGS, BUILDINGS AND
STRUCTURES, TO BE CODIFIED AS TUKWILA MUNICIPAL
CODE CHAPTER 8.48; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal
code is essential to maintaining and enhancing the quality of life in the City; and
WHEREAS, the City Council desires to update and streamline the enforcement process
for code violations, while maintaining due process for property owners, residents and
businesses; and
WHEREAS, the City Council desires to address unfit dwellings, buildings and structures
in a separate chapter of the Tukwila Municipal Code; and
WHEREAS, as a procedural action, this ordinance is exempt from State Environmental
Policy Act (SEPA) review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2067, as codified in multiple sections of TMC
Chapter 8.45, "Enforcement" (TMC Sections 8.45.110, 8.45.120, 8.45.130, 8.45.140,
8.45.150, 8.45.160, 8.45.170, 8.45.180, 8.45.190, 8.45.200, 8.45.210 and 8.45.220), is
hereby repealed in its entirety.
Section 2. Chapter 8.48 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Unfit Dwellings, Buildings and Structures," to be
codified as Tukwila Municipal Code (TMC) Chapter 8.48, is hereby established to read as
follows:
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CHAPTER 8.48
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
8.48.010 Additional Enforcement Mechanism for Unfit Dwellings, Buildings
and Structures
8.48.020 Improvement Officer and Appeals Commission Designated
8.48.030 Improvement Officer Authority — Issuance of Complaint
8.48.040 Service of Complaint
8.48.050 Complaint Hearing
8.48.060 Determination, Findings of Fact, and Order
8.48.070 Appeal to Appeals Commission
8.48.080 Appeal to Superior Court
8.48.090 Remediation/Penalties
8.48.100 Tax Lien
8.48.110 Salvage
Section 3. The TMC section entitled "Additional Enforcement Mechanism" is hereby
recodified as TMC Section 8.48.010, to read as follows:
8.48.010 Additional Enforcement Mechanism for Unfit Dwellings, Buildings and
Structures
A. In addition to, and in combination with, the enforcement methods set forth in TMC
Chapter 8.45 and elsewhere in the Tukwila Municipal Code, unfit dwelling, building and
structure violations, as defined by Chapter 35.80 RCW, may be enforced under the
provisions set forth in this chapter.
B. RCW Chapter 35.80, "Unfit Dwellings, Buildings, and Structures", as it currently
exists or is hereinafter amended, is hereby adopted.
Section 4. The TMC section entitled "Improvement Officer and Appeals Commission
Designated" is hereby recodified as TMC Section 8.48.020, to read as follows:
8.48.020 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 Chapter 35.80 RCW. 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 Chapter 35.80 RCW.
Section 5. The TMC section entitled "Improvement Officer Authority — Issuance of
Complaint" is hereby recodified as TMC Section 8.48.030, to read as follows:
8.48.030 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
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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.
Section 6. The TMC section entitled "Service of Complaint" is hereby recodified as
TMC Section 8.48.040, to read as follows:
8.48.040 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.
Section 7. The TMC section entitled "Complaint Hearing" is hereby recodified as
TMC Section 8.48.050, to read as follows:
8.48.050 Complaint Hearing
Not less than 10 days nor more than 30 days after serving a complaint, the
Improvement Officer shall hold a hearing 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.
Section 8. The TMC section entitled "Determination, Findings of Fact, and Order"
is hereby recodified as TMC Section 8.48.060, to read as follows:
8.48.060 Determination, Findings of Fact, and Order
Within 10 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, 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 Section 8.48.040, and if no appeal is filed within the
deadline specified in TMC Section 8.48.070, a copy of the Determination, Findings of
Fact, and Order shall be filed with the King County Auditor.
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Section 9. The TMC section entitled "Appeal to Appeals Commission" is hereby
recodified as TMC Section 8.48.070, to read as follows:
8.48.070 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 Section 8.48.040,
and if no appeal is filed within the deadline specified in TMC Section 8.48.080, a copy of
the ruling shall be filed with the King County Auditor.
Section 10. The TMC section entitled "Appeal to Superior Court" is hereby recodified
as TMC Section 8.48.080, to read as follows:
8.48.080 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 Section 8.48.070 may, within 30 days after the Appeals Commission's
ruling has been served and posted pursuant to TMC Section 8.48.040, 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.
Section 11. The TMC section entitled "Remediation/Penalties" is hereby recodified
as TMC Section 8.48.090, to read as follows:
8.48.090 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 Improvement 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 Chapter 35.80 RCW.
Section 12. The TMC section entitled "Tax Lien" is hereby recodified as TMC Section
8.48.100, to read as follows:
8.48.100 Tax Lien
The cost of any action taken by the Improvement Officer under TMC Section 8.48.090
shall be assessed against the subject property pursuant to Chapter 35.80 RCW. 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.
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Section 13. The TMC section entitled "Salvage" is hereby recodified as TMC Section
8.48.110, to read as follows:
8.48.110 Salvage
Materials from any dwelling, building, structure, or premises removed or demolished
by the Improvement Officer shall, if possible, be salvaged 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 any balance remaining shall
be paid to the parties entitled thereto, as determined by the Improvement Officer, after
deducting the costs incident thereto.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 15. 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 16. 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 ) 27 - day of op--Ofi.410✓' , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Cle
APPROVED AS TO FORM BY:
rCK,WaZ 1.01
Rai
el B. Turpin, City Attorney
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Allan Ekberg, Mayor
Filed with the City Clerk: 1 I...? --1 i)
Passed by the City Council: 01- 19-1
Published: 0j -i-t41
Effective Date: CA- b -t 17
Ordinance Number: a__, La
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2545-2550.
On September 18, 2017 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2545:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2494 §13, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 9.20.090, TO UPDATE REGULATIONS
REGARDING RECREATIONAL VEHICLE AND TRAILER PARKING IN RESIDENTIAL
ZONES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2546
: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO SPRINT
COMMUNICATIONS COMPANY L.P., A DELAWARE LIMITED PARTNERSHIP
LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-
OF-WAY IN THE CITY; REPEALING ORDINANCE NOS. 2102 AND 1439; PROVIDING
FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2547:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT”; REENACTING
TUKWILA MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT,” TO CLARIFY AND
STREAMLINE THE CODE ENFORCEMENT PROCESS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2548
: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2067, AS CODIFIED IN
VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 8.45,
“ENFORCEMENT”; ADOPTING A NEW CHAPTER OF THE TUKWILA MUNICIPAL
CODE TO CONSOLIDATE PROCEDURES FOR ENFORCEMENT ISSUES RELATED
TO UNFIT DWELLINGS, BUILDINGS AND STRUCTURES, TO BE CODIFIED AS
TUKWILA MUNICIPAL CODE CHAPTER 8.48; PROVIDING FOR SEVERABILITY;
DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2549:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
MULTIPLE TITLES OF THE TUKWILA MUNICIPAL CODE, TO INCORPORATE
HOUSEKEEPING CODE AMENDMENTS RELATED TO UPDATES TO TUKWILA
MUNICIPAL CODE CHAPTER 8.45, “ENFORCEMENT;” PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2550:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ELECTING NOT TO ADOPT RCW 8.26.035 THROUGH
RCW 8.26.115 FOR CERTAIN PROGRAMS OR PROJECTS NOT RECEIVING
FEDERAL FINANCIAL ASSISTANCE INITIATED ON OR BEFORE DECEMBER 31,
2017; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O’Flaherty, MMC, City Clerk
Published Seattle Times: September 21, 2017