HomeMy WebLinkAboutOrd 0849 - Amend TMC Title 16 Dangerous Building Code (Repealed by Ord 1300) ri
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REKAIE' B \30 ORDINANCE NO. 849 S
ORDINANCE AMENDING TITLE 16 OF THE TUKWILA
MUNICIPAL CODE BY ADDING THERETO CHAPTER
16.30 TO BE KNOWN AS THE "CITY OF TUKWILA
DANGEROUS BUILDING CODE"
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
That Title 16 of the Tukwila Municipal Code be
amended by adding thereto Chapter 16.30 as follows:
CHAPTER 16.30
16.30.01 Purpose; Title. It is the purpose of the provisions of
this Ordinance to provide a just, equitable and practicable method, to
be cumulative with and in addition to, any other remedy provided by any
Code or Ordinance of the City, whereby buildings and /or structures which
from any cause endanger the life, limb, 'health, morals, property,- safety
or welfare of the general public or their occupants, may be required to
be repaired, vacated or demolished.
The provisions of this Ordinance shall apply to all dangerous buildings
as herein defined, which are now in existence, or which may hereafter be
constructed in the City. This Ordinance shall be designated and maybe
hereinafter referred to as the "City of Tukwila Dangerous Building Code
16.'0.02 Definitions. All buildings or structures Which have any or
all .of the following defects shall be deemed "dangerous buildings
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(A) Whenever the building or structure, or any portion thereof, because
of (1) dilapidation, deterioration, or decay; (2) faulty construction;
(3) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (4) the deteri—
oration, decay, or inadequacy of its foundation; or (5) any other cause,
is subject to structural failure under its design usage.
(B) Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as
to become (1) an attractive nuisance to children; (2) a harbor for
vagrants, criminals or immoral persons;.or as to (3) enable persons
to resort thereto for the purpose of committing unlawful or immoral
acts.
(C) Whenever a building or structure, because of inadequate maintenance,
delapidation, decay, damage, faulty construction or arrangement, in—
adequate light, air or sanitation facilities, or otherwise is deter
mined by the City or County Health Officer to be unsanitary, unfit
for human habitation or in such a condition that is likely to cause
sickness or disease.
(D) Whenever any building or structure, because of obsolescence, delapi—
dated condition, deterioration, damage,. inadequate exits, lack, of
sufficient fire resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause is determined to
be a fire hazard.
(E) Whenever any portion of a building or structure remains on a site
after the demolition or destruction or whenever any building or
structure is vacant and open to unauthorized entry for a period
in excess of six (6) months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
(F) Whenever the exterior walls or'other vertical structural members
list, lean or buckle to such an extent that a plumb line passing
through the center of gravity does not fall inside the middle one
third (1/3) of the base.
(G) Whenever the building or structures, exclusive of the foundation,
shows thirty three percent (33,) or more damage or deterioration
of its supporting member or members, or fifty percent (50%) damage or
deterioration of its nonsupporting members, enclosing or outside walls
or coverings.
(H) Whenever any portion thereof has been damaged by fire, earthquake,
wind, flood or by any other cause, to such an extent that the
structural strength or stability thereof is materially less than
it was before such catastrophe and is less than the minimum requirements
of the City's Uniform Building Code, as then in force, or as same may be
amended from time to time, for new buildings of similar structure, pur—
pose or location.
(I) Whenever any portion or member or appurtenance thereof is likely to
fail, or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
16.30.03 STANDARDS FOR REPAIR. VACATION OR DEMOLITION. The following
standard shall be followed in substance by the Building Director, the Public
Works Director, and the AppealsAaeigimrin ordering repair, vacation or
demolition of said building:
(A) Any building declared a dangerous building under this Ordinance shall
either be repaired in-accordance with the current building code or
shall be demolished at the option of the building owner.
(B) If the building or structure is in such condition as to make immedi—
ately dangerous to the life, limb, property or safety of the general
public or its occupants, it shall be ordered to be vacated and closed
to unauthorized entry.
16.30.04 NUISANCE DECLARED. All "dangerous buildings" within the
terms of Section 16.30.02 hereof are herby declared to be public nuisances,
and shall be repaired, vacated or demolished as hereinbefore and hereinafter
provided.
16.30.05 DUTIES OF BUILDING DIRECTOR. The Building Director and /or
his authorized representative shall:
(A) Inspect or cause to be inspected all buildings, including those brought
to his attention by the Fire Chief or the County Health Department, for
the purpose of determining whether any conditions exist which render such
places a "dangerous building" within the terms of Section 16.30.02 hereof.
(B) Inspect any building, wall or structure about which complaints are filed
by any person to the effect that a building, wall or structure is, or
may be, existing in violation of this Ordinance.
(C) Post in a conspicuous place an order "Do Not Occupy" on vacant build—
ings having defects as specified in Section 16.30.02 above and no person
shall enter the building except for the purpose of making the required
repairs or demolition after securing a permit.
(D) Prepare, post, deliver and file with the appropriate county offices a
..copy of the complaint in conformance with Section 16.30.06 of this Ordi—
nance; and prepare, file and serve such additional notices or orders as
may be required by law.
(E) Appear at all garings before any board or commission of the City and
the Appeals 6e ie- 'n -and give such testimony and information as to the
condition of any "dangerous building" as may be required by said body.
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(F) Prepare, post, deliver and file with the appropriate county offices
"Finding of Fact, and Order" of the Public Works Director and the City's
Appeal provided for in this Ordinance.
(G) Report to the office of the City Attorney all cases of noncompliance
with the "Findin of Fact and Order" of the Public Works Director and /or
the Appeals prepare specifications, cost estimates and
such other information and data as requested by the City Attorney to aid
in the enforcement of the provision: of this Ordinance.
16.30.06 COMPLAINT BY BUILDING DIRECTOR: The complaint issued by the
Building Director shall be in writing and shall be posted on the building and
served either personally or by certified or registered mail upon all persons
having an interest in and to said,property, as shown by the records of the King
County a 0 ice S regar ng an building or structure found by the Dir-
ector to be a "dangerous building provided that if the where abouts of such
persons are unknown and the same cannot be ascertained by the Director in the
exercise.of reasonable diligence, then said complaint shall be served by pub
lishing the same once each week for three (3) consecutive weeks in the City's
legal newspaper. Said complaint shall contain, amoung other things, the
following information:
(A) Name of owner or other persons interested.
(B) Street address and legal description of the property on which said build-
ing is .located.
(C) General description of type of building or structure deemed unsafe.
(D) A list of particulars which caused the building or structure to be a
"dangerous building" as defined in Section 16.30.02.
(E) Whether said building should be vacated by its occupants, and the date
of such vacation.
(F) Whether or not the said building constitutes a fire or health hazard.
(G) A notice that a hearing shall be held before the Public Works Director
at the City Hall, Tukwila, King County, Washington, not less than ten
(10) days nor more than thirty (30) days after the'serving of such com-
plaint, or in the event of publication or posting, not less than fifteen
(15) days nor more than thirty (30) days from the date of the first publi-
cation and posting, 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 fixed in said complaint.
apat' 7're.,, 6j Rec.& C
(H) That a copy of such complaint shall also be filed with the dt of Etc(-416
King County, which filing shall have the same force and effect as other
lis pendens notices provided by law.
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16.39.07 APPEALS ";1'.. e There i here created d e ablish
��,�an Appeal's Comm`�ssion to b6 known an des' /gnated a the "Building �lppea14 1
Commissioon of th City of Tukwila" some -imes calle here41. the Appealh
iZommis Ion", whic Comm' sion shal co ist of them bez/s of the kgrd of
jus ment as pres tl provided.
BOARD
16.30.08 DUTIES OF BUILDING APPEALS EOMNI3-SS16N The Building Appeals
Sc A fZw e shall:
(A) Upon receipt of a notice of appeal from any decision and order of the
Board of Public Works filed within thirty (30) days from date of service
of said decision o R rde� with the Secretary, Chairman or Vice Chairman
of the C the ocher or party in interest of the building against
which such order is directed, conduct a hearing thereon as herein provided, or
upon receipt of a request in writing from the Board of Public Works to review
its decision, the Commission shall entertain such request and conduct such
hearing.
(B) Hold a hearing of such evidence as may be presented on behalf of any de-
partment of the City or the owner, occupant, mortgagee,, lessee, or any
other person having an interest in said building as shown by the records
of the King County Auditor. DTcA r -k- e-c' &coc ds c rL\ Elec
(C) Resolve all matters submitted within sixty (60) days from the date of
filing therewith, including the making of findings of fact based upon the
evidence presented under subsection (B) hereof, and order based upon
such findings. In the event the Building Appeals G &r fails to
resolve all matters be entry of such findings and order within sixty
(60) days, as above provided, then the order and findings of the Board of
Public Works shall be deemed affirmed in full on the sixtieth day and the
parties may appeal therefrom as provided by law. Such order shall determine
whether the building shall be repaired, vacated or demolished.
(D) Report to the City Attorney the names of all persons not complying with
any such order.
16.30.09 DUTIES OF CITY ATTORNEY: The City Attorney shall:
(A) Prosecute all persons failing to comply with the terms of the notices
provided for herein and any final order issued by the Public Works
Director and /or the Building Appeals gsait c oand as may be directed
by the Mayor and City Council.
(B) App ar hen. requested to do so at hearings before the Building Appeals
Geatdigtgn.th regard to "dangerous buildings
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(C) Bring suit to collect costs incurred by the City as provided in Section
16.30.14.
,(D) Provide such additio al legal services as may be requested by the
Building Appeals And the Mayor and City Council.
16.30.10 DUTIES OF PUBLIC WORKS DIRECTOR: The Public Works Director
shall hold a hearing at the time and place specified in the complaint of the
Building Director, in which 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; if after such hearing the Public Works Director shall deter—
mine that such structure is, in fact, a "dangerous building" as herein defined,
he shall reduce such findings of fact to writing, in support of such determina—
tion, and shall issue or cause to be issued and to be served upon the owner or
party in interest of any such "dangerous building" in the matter provided herein for
the servicing of the complaint, an order which shall require the owner or party in
interest, within the time specified in such order, to repair, alter or improve such
dwelling, building or structure, if such course of action is deemed proper, or to
require the owner or party in interest, within the time :so specified, to remove or
demolish such dwelling, building or structure; and if no appeal is filed from such
order in the manner herein provided for, then a copy of such order shall be filed
with the poi` of King County.
A •D timenk' ec.c(`cds and Elec cos
16.30.11 REPORT OF DANGEROUS BUILDINGS; CONTENTS; The Fire Chief, Police
Chief and City and /or County Health Officer shall make a report in writing to the
Building Director of all buildings or structures which are, may be, or are sus—
pected to be dangerous buildings within the purview of this Ordinance. Such
written reports, among other things, shall contain the following information:
(A) Name of owner or other persons interested, as provided hereinabove.
(B) Street address and legal description of the property on which said
building is located.
(C) General description of type of building or structure deemed unsafe.
(D) A list of particulars which caused the building or structure to be a
"dangerous building" as defined in Section 16.30.02.
(E) Whether or not said building should be vacated by its occupants, and the
date of such vacation.
(F) Whether or not the statement or list, of particulars, as provided for in
subsection (D) above, can be removed or repaired.
(G) Whether or not the said building constitutes a fire or health menace.
ther iot it is .t r sonable -.air the -.'d bull• and haeer
or he sai. b ding s •uld •e demo 'she..
16.30.12 FINDINGS OF FACT AND OP4R4 All decisions by the Public Works
Director and the Building Appeals Get4ti •e shall be reduced to writing and be
entitled "Findings of Fact and Order" and same shall be served on the owner or
interested person in the same manner as service of a complaint as herein pro—
vided, and shall contain, among others, the following:
(A) Date, time and place of the hearing.
(B) Address and legal description of the property involved.
(C) Names and addresses of the parties of interest as shown by the records of
the King County Ailt44,tery Decd4rnen{ tC I ccct -cds and Elec+tons
(D) Names and addresses of persons present representing the owner or parties
in interest.
(E) A s as to whether or not the Public Works Director or Appeals
d en rinds the complaint of the Building Director justified, and /or
concur, modify or disallow the list of particulars contained in the com—
plaint.
(F) A statement as to whether or not the building or structure is a "dangerous
building" as defined in Section 16.30.02 :of this Ordinance, is therefore a
public nuisance, and specifying the reasons therefor.
(t) A statement as to whether or not it is reasonable to repair or remodel
the building or structure within the standards established in Section
16.30.03 of this Ordinance and whether or not the building should be
vacated if occupied.
(H) An order either dismissing the complaint of the Building Director or
ordering the owner of record to abate the nuisance by the repair, re—
moval or demolition of bi,t ding or structure or, in cases before the
Building Appeals Gemini rescinding, modifying or affirming the
findings and order of the Public Works Director or remanding the case to
the Building Director for fher action as may be determined by the
Building Appeals Cs►• r ut��
(I) A time specified in number of calend.r�d_ sfrom the date of the action
of the Public Works Director or an which the ordered work is
to be started and completed.
(J) A notice to any person affected by an order issued by the Building Appeals
t hat such person affected has the right to appeal to the Super—
ior Court of King County, within thirty (30) days after the posting and
service of the Order, and as further provided by Chapter 82 of the 1959
Regular Session Laws.
1
16.30.13 ENFORCEMENT:
(A) After any order of the Building Di ect r, Public Works Director
and /or the Building Appeals shall have become final,
without any appeal therefrom by the person or persons affected there-
by, no person to whom such order is directed shall fail, neglect or
refuse to obey any such order.
(B) If, after any order made pursuant to this Ordinance has become final,
as herein set forth, and the person to whom the order is directed shall
fail, neglect or refuse to obey such order, then the Building Director
shall refer the case to the City Attorney, together with all correspod-
ence, records, orders and documents pertaining thereto, for appropriate
legal action and to take such further action as provided by law to pro-
vide for the repair or demolition of said building.
16.30.14 ABATEMENT BY CITY:
(A) The City Council may, upon approval and passage of an appropriate
resolution or ordinance, direct the Building Director to abate a
public nuisance as determined by the provisions of this Ordinance
and such public nuisance may be abated by City personnel or by private
contractor under the direction and pursuant to the order of the Build-
ing Director.
(B) The City Council shall appropriate sufficient funds to cover the cost
of such repair or demolition work. The costs incurred by the City in
any such abatement proceedings shall be recovered by special assess-
ment against the real property involved and shall constitute a lien as
provided by law, and particular reference being made to Chapter 82 of
the Session Laws of 1959.
16.30.15 INTERaFERENCE WITH WORK: No person shall obstruct, impede
or interfere with any officer, employee, contractor or other authorized
representative of the City, or with any person who owns or holds any es-
tate or interest in any building which has been ordered repaired, vacated
or demolished under the provisions of this Ordinance, or with any person
to whom such building has been lawfully sold pursuant to the provisions of
this Ordinance, whenever such officer, employee, contractor or other author-
ized representative of the City, person having an interest or estate in such
building or structure, or purchaser is engaged in the work of repairing, va-
cating or demolishing any such building, pursuant to the provisions of this
Ordinance, or in performing any necessary act preliminary to or incidental
to such work as authorized or directed pursuant to this Ordinance.
16.30.16 EMERGENCY CASES: In cases where it reasonably appears that
there is immediate danger to the life or safety of any person unless a
"dangerous building" as defined herein is immediately repaired, vacated or
demolished, the Building Director shall cause the immediate repair, vacation
or demolition of such "dangerous building". The costs of such emergency
repair, vacation or demolition of such "dangerous building" shall be col—
lected in the same manner as provided for.hereinabove.
16.30.17 ACT NOT EXCLUSIVE: Nothing in this Ordinance shall be
construed to abrogate or impair the power of the City or any department
thereof to enforce any provision of its Charter or its Ordinances or re—
gulations, nor to prevent or punish violations thereof, and any powers
conferred by this Ordinance shall be in addition to an supplemental to
powers conferred by other laws, nor shall this Ordinance be construed to
impair or limit in any way the power of the City to define and declare
nuisance and to cause their removal or abatement by summary proceedings,
or in any manner provided by law.
16.30.18 ADMINISTRATIVE LIABILITY: No officer, agent or employee
of the City shall render himself personally liable for any damage that may
accrue to persons or property as a result of any act required or permitted
in the discharge of his duties under this Ordinance. Any suit brought
against any officer, agent or employee of the City, as a result of any act
required or permitted in the discharge of his duties under this Section
shall be defended by the City Attorney until the final determination of
the proceedings therein.
16.30.19 VIOLATIONS; PENALTIES: Every person violating any of the
provisions of this Ordinance shall be punishable by a fine not exceeding
three hundred dollars ($300.00), or by imprisonment not exceeding ninety
(90) days, or by both such fine and imprisonment, and each day's violation
shall constitute a separate offense punishable under this Ordinance.
16.30.20 SEVERABILITY: If any provision of this Ordinal ,c e or its
application to any person or circumstance shall be held invalid the remainder
of this Ordinance or the application of the provision to'other persons or
circumstance shall not be affected thereby.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
And approved by the Mayor at a regular meeting thereof March d5
1974.
Mayor
Attest:
Approved as to Form: �j C %2 21/-/-1
495 C Clerk//
4 ty/ 4 rey
Published: /4//02,c //i7P5 JA,/ j O/7