HomeMy WebLinkAboutOrd 2396 - Code and Provisions / Recreational Vehicles Update (TMC Chapter 8.28 "Nuisances")
Cover page to Ordinance 2396
The full text of the ordinance follows this cover page.
Ordinance 2396 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2 2494
1 2549
City of Tukwila
Washington
Ordinance No. 2396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NO. 2144 §2, AS CODIFIED AT TUKWILA MUNICIPAL
CODE (TMC) SECTION 8.28.030, TO CLARIFY AND
UPDATE THE NUISANCE CODE AND ITS PROVISIONS;
ESTABLISHING NEW REGULATIONS REGARDING
RECREATIONAL VEHICLES, TO BE CODIFIED AT TMC
SECTION 8.28.070; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is necessary from time to time to add, revise and redefine the
nuisance code provisions as codified in Tukwila Municipal Code (TMC) Chapter 8.28;
and
WHEREAS, the abatement of nuisances caused by vacant buildings or premises
and the repair and rehabilitation of vacant buildings and premises is in the best interest
of the citizens of Tukwila, and it is the City Council's desire to regulate vacant buildings,
structures and premises to provide for the health, safety and welfare of its citizenry; and
WHEREAS, the current regulations regarding vacant buildings have proven to be
difficult to understand and enforce, and the City Council desires to update and clarify
those regulations; and
WHEREAS, regulations currently exist in the International Property Maintenance
Code and the International Building Code that address the problem of vacant buildings,
structures and premises; and
WHEREAS, consolidating code language in a single location in the Tukwila
Municipal Code will facilitate enforcement of these regulations; and
WHEREAS, vacant buildings, structures and premises in general, particularly those
that contain hazardous materials or that are unknowingly occupied, may pose an
extraordinary danger to police officers or firefighters entering the premises during an
emergency; and
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WHEREAS, it is in the City's best interest to discourage property owners from
allowing their properties to remain indefinitely vacant and /or in a state of disrepair, and
to provide an incentive for the return of vacant buildings, structures or premises to
productive use; and
WHEREAS, the elimination of neighborhood blight is in the City's best interest; and
WHEREAS, the use of recreational vehicles as dwelling units on private property
was formerly regulated in TMC Chapter 5.32, which was repealed by Ordinance No.
2355; and
WHEREAS, the use of recreational vehicles as dwelling units on private property
can pose a threat to public health due to lack of proper sanitary disposal facilities; and
WHEREAS, use of the public right -of -way for long -term storage of recreational
vehicles interferes with the public's use of such right -of -way for short-term parking and
other authorized uses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 8.28.030 Amended. Ordinance No. 2144 §2, as codified
at Tukwila Municipal Code (TMC) Section 8.28.030, is hereby amended to read as
follows:
8.28.030 Vacant Buildings, Structures and Premises
A. All vacant buildings, structures and premises, and all vacant land, shall be
maintained in a clean, safe, secure and sanitary condition as required by the
International Property Maintenance Code.
B. Definitions. As used in TMC Chapter 8.28, the following definitions shall have
the meanings set forth below:
1. "Abandoned Premises" means buildings, structures and premises for
which an owner cannot be identified or located by dispatch of a certificate of mailing to
the last known or registered address, which persistently or repeatedly becomes
unprotected or unsecured, or which have structural collapse or fire spread to adjacent
properties.
2. "Boarded" means covering of all entry points, including all doors and
windows, with plywood or other materials for the purpose of preventing entry into the
building by persons or animals.
3. "Chronic Nuisance Building or Premises" means a vacant nuisance building
or vacant nuisance premises that has been abated but is not maintained free from
violations for at least one year following abatement.
4. "Code Official" means the Building Official or designated Code
Enforcement Officer.
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5. "IBC" means International Building Code.
6. "IPMC" means International Property Maintenance Code.
7. "Vacant Building" means a building or structure that has not been occupied
for over 30 days.
8. "Vacant Nuisance Building" means a building, structure or portion thereof
that is vacant and exists with any one or more of the following conditions:
a. Unsecured against entry;
b. Old, dilapidated or has become so out of repair as to be dangerous,
unsafe, and unsanitary or otherwise unfit for human habitation or occupancy;
c. Condemned by the Code Official;
d. Vacant for over 30 days, during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have not
been corrected;
e. Not monitored and maintained in accordance with the IPMC;
f. Incomplete construction whereby the building permit has expired and
the construction project has been abandoned for more than 30 days;
g. An abandoned premises as defined in this section.
9. "Vacant Nuisance Premises" means the exterior premises of a vacant
building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage,
overgrown weeds, noxious weeds, unmaintained plant material and landscaping, or
other violation of the IPMC for over 30 days, during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have not
been corrected.
C. Authority to Inspect. Whenever the Code Official has reason to believe that a
premise or a building is vacant, the Code Official may inspect the premises and /or the
building and surrounding premises.
D. Declaration of Nuisance. Abandoned premises, chronic nuisance buildings or
premises, vacant nuisance buildings, and vacant nuisance properties are found and
declared to be public nuisances.
E. Enforcement.
1. Enforcement of this section shall be in accordance with TMC Chapter 8.45.
2. The owner of an abandoned premise, vacant nuisance building, or vacant
nuisance premises, shall be subject to the penalties set forth in TMC Chapter 8.45.
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3. Should a Violation Notice and Order be issued pursuant to TMC Chapter
8.45 and if compliance has not been achieved within 30 days from the date of the
Violation Notice, the Code Official may proceed with abatement of the nuisance in
accordance with TMC Section 8.45.105. The costs of such abatement, including any
unpaid penalties, shall be recovered through a lien against the property.
4. Owners of chronic nuisance buildings or premises shall immediately and
without notice be cited with penalties in accordance with TMC Section 8.45.100.
Section 2. Regulations Established. TMC Section 8.28.070, "Recreational
Vehicles," is hereby established to read as follows:
8.28.070 Recreational Vehicles
A. Definitions:
1. "Recreational Vehicle" means travel trailer, motorhome, or the like used for
temporary accommodations while traveling. Recreational vehicles also include boats,
personal watercraft, snowmobiles and the like.
2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or
bathing for longer than two weeks in any six month period.
B. Recreational vehicles may not be occupied as a dwelling unit in any zone,
except when parked in a licensed mobile home park.
C. Recreational vehicles may be stored on private property on improved surfaces
as specified in TMC Chapter 8.25.
D. It is unlawful to park or store recreational vehicles on the public right -of -way
except when actively loading or unloading.
Section 3. 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 4. 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 5. 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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF JU.KWILA, WASHINGTON, at
a Regular Meeting thereof this / 7714 day of b r(Acv- , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk: 0-13 -d
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2396.
On February 19, 2013 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 2396: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2144 §2, AS CODIFIED
AT TUKWILA MUNICIPAL CODE (TMC) SECTION 8.28.030, TO CLARIFY AND
UPDATE THE NUISANCE CODE AND ITS PROVISIONS; ESTABLISHING NEW
REGULATIONS REGARDING RECREATIONAL VEHICLES, TO BE CODIFIED AT
TMC SECTION 8.28.070; 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: February 25, 2013