HomeMy WebLinkAboutOrd 2067 - Dangerous Structure Repair and Demolition (Repealed by Ord 2548)
Cover page to Ordinance 2067
The full text of the ordinance follows this cover page.
Ordinance 2067 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 2548
2125
0? O
1908
City of Tukwila
Washington
Ordinance No. 2 0 (0 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE PROVISIONS OF RCW
CHAPTER 35.80, WHICH ENABLE THE CITY TO ORDER THE REPAIR
OR DEMOLITION OF DANGEROUS OR SUBSTANDARD
STRUCTURES, AND ASSESS THE COST OF ANY ACTION TAKEN
AGAINST THE SUBJECT PROPERTY AS A TAX LIEN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
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 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,
Buildings, and Structures, as it currently exists or is hereinafter amended, is hereby
adopted.
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.
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
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, 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
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.
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
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
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 CITY COUNC�L OF THE CITY OF WASHINGTON,
at a Regular Meeting thereof this S day of A/Wel '1 i')'A 2004.
ATTEST/ AUTHENTICATED:
J iJe E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Tax Liens and Abatement Costs 10/29/04 Page 3 of 3
tv
Steven M. Mullet, Mayor
Filed with the City Clerk. it 2 9 (Y
Passed by the City Council: b 6
Published. /1 /_15 6t
Effective Date. 1/ 10 6
Ordinance Number 2(7 1
SUMMARY OF ORDINANCE
No. 2067
City of Tukwila, Washington
On November 1, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2067, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington,
implementing the provisions of RCW Chapter 35.80, which enables the City to order
the repair or demolition of dangerous or substandard structures, and assess the cost
of any action taken against the subject property as a tax lien; providing for severability;
and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of November 1, 2004.
i
Published Seattle Times: November 5, 2004
atie E. Cantu, CMC, City Clerk
C,