HomeMy WebLinkAboutOrd 2144 - TMC Chapter 8.28 "Nuisances"
Cover page to Ordinance 2144
The full text of the ordinance follows this cover page.
Ordinance 2144 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2
2396
1
2549
City of Tukwila
Washington
Ordinance No. f Lj `i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1837,
AS CODIFIED AT TMC 8.28.010, DECLARING CERTAIN VACANT
STRUCTURES AS PUBLIC NUISANCES; ESTABLISHING CRITERIA
FOR THE MAINTENANCE AND ABATEMENT OF VACANT
STRUCTURES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the International Property Maintenance Code contains minimum provisions
related to vacant buildings and land; and
WHEREAS, it is the City Council's desire to regulate vacant buildings beyond the provisions
set forth in the International Property Maintenance Code, to provide for the health, safety and
welfare of its citizenry; and
WHEREAS, vacant buildings in general, but specifically those that contain hazardous
materials or that are unknowingly occupied, may pose an extraordinary danger to police officers or
firefighters entering the premises in time of emergency; and
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 properties to the housing stock; and
WHEREAS, the abatement of nuisances caused by vacant buildings, repair and rehabilitation
of vacant properties, and their subsequent occupancy is in the best interest of the citizens of
Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1: Ordinance No. 1837, as codified at TMC 8.28.010, is hereby amended to read
as follows:
8.28.010 Declaration of nuisance.
A. All violations of development, land use, licensing and public health ordinances are
found and declared to be nuisances.
B. The following are declared to be public nuisances: buildings and structures that are
determined by the City's Building Official to be vacant and so old, dilapidated or have become so
out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure (collectively referred to as a
"Vacant Building
Section 2: Requirements for the maintenance and abatement of vacant structures are hereby
adopted as follows:
8.28.030 Vacant Structures
A. "VACANT BUILDING" DEFINED:
1. Definition: The Code Enforcement Officials or Building Official (otherwise
referred to as "Code Official may evaluate buildings in the City they believe to be unoccupied,
and make a determination for each as to whether the building is a "vacant building." A "vacant
building" is a building, structure or portion thereof, which is:
Vacant structures. doc 11/29/2006 Page 1 of 3
a. Unoccupied and unsecured;
b. Unoccupied, unsecured, and so old, dilapidated, or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or
occupancy, and such that it is unreasonable to repair the structure;
c. Unoccupied and secured by boarding or other similar means;
d. Unoccupied and a dangerous structure;
e. Unoccupied and condemned by the Building Official;
f. Unoccupied and has multiple code violations;
g. Unoccupied, and the building or its premises has been the site of alleged
unlawful activity within the previous 12 months;
h. Unoccupied for over 180 days, during which time Code Officials have
issued an order to correct public nuisance violations and those violations have not been corrected;
or
i. Unoccupied for over two years.
2. Exceptions: Vacant buildings which are undergoing construction, renovation or
rehabilitation and which are in compliance with all applicable ordinances, codes and regulations,
and for which construction, renovation or rehabilitation is proceeding diligently to completion.
New buildings and those buildings undergoing renovation that do not receive final inspections, or
whose permits expire due to lack of diligent progress, may be deemed to be a vacant building.
3. Inspection: Whenever the Code Official has reason to believe that a building is
vacant, the Code Official may inspect the building and surrounding premises. If the Code Official
determines that a vacant building violates any provision of this section, the Code Official shall
notify in writing the owner of the building or real property upon which the building is located,
stating the violations and required corrections, and shall provide a timeframe to comply.
4. Plan of Action: The exception requirements listed in exceptions may be modified
under an approved Plan of Action. Within 30 days of notification that a building or real property
upon which the building is located is in violation of this Section, an owner may submit a written
Plan of Action for the Building Official to review and approve if found acceptable. A Plan of Action
may allow:
a. Extended boarding of openings;
b. Extended use of temporary security fencing;
c. Extended time before the demolition of a building is required; or
d. For substandard conditions to exist for a specific period of time, provided
the building is secured in an approved manner.
When considering a Plan of Action, the Building Official shall take into consideration
the magnitude of the violation(s) and the impact to the neighborhood and public.
B. APPEARANCE Vacant buildings shall, in the opinion of the Code Official, appear to
be occupied, or appear able to be occupied with little or no repairs.
C. SECURITY: All vacant buildings shall at all times be secured against outside entry,
which shall include the provision of windows and doors with adequate strength to resist intrusion.
All doors and windows must remain locked. There shall be at least one operable door into every
building and into each housing unit. Exterior walls and roofs must remain intact without holes.
Untreated plywood or similar structural panels may be used to secure windows, doors and other
openings for a maximum period of 30 days from the date the building becomes unoccupied or
vacant. Where it is impractical to secure the building by normal building amenities, the Code
Official may permit the use of medium density overlay or other approved materials, installed in
window frames and painted with a color which is consistent with the rest of the structure.
D. SECURITY FENCES Temporary construction fencing shall not be used as a method to
secure a building from entry, but in the event the property owner is repairing or remodeling the
structure, temporary construction fencing may be used for a maximum period of 30 days from the
date the building becomes unoccupied or vacant.
E. WEATHER PROTECTION: The exterior roofing and siding shall be maintained as
required in Section 304 of the International Property Maintenance Code.
F. FIRE SAFETY:
1. Fire protection systems: All fire suppression and alarm systems shall be
maintained in a working condition and inspected as required by the Tukwila Fire Department.
Vacant structures. doc 11/29/2006 Page 2 of 3
2. Flammable liquids: No vacant building or premises or portion thereof shall be
used for the storage of flammable liquids or other materials that constitute a safety or fire hazard.
3. Combustible materials: All debris, combustible materials, litter and garbage shall
be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building
and premises shall be maintained free from such items.
4. Fire inspections: Periodic fire inspections may be required at intervals set forth
by the Fire Chief or his designee.
G. TERMINATION OF UTILITIES:
1. Termination: The Code Official may, by written notice to the owner and to the
appropriate water, electricity or gas utility, request that water, electricity or gas service to a vacant
building be terminated or disconnected.
2. Restoration of service: If water, electricity or gas service has been terminated or
disconnected, no one except the utility may take any action to restore the service, including an
owner or other private party requesting restoration of service, until written notification is given by
the Code Official that service may be restored.
H. ABATEMENT: As determined by the Code Official, a vacant building is declared to be
a public nuisance as set forth in 18.28.010B. The Code Official is hereby authorized to summarily
abate the violation by closing the building to unauthorized entry. The cost of abatement shall be
collected from the owner in the manner provided by law.
I. UNSAFE BUILDINGS AND EQUIPMENT: Any vacant building declared unsafe is
subject to the provisions of IPMC Section 108 and the demolition provisions of Section 110.
Section 3. 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 4. 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 qTY OF TUKWILA, WASHINGTON, at a
Special Meeting thereof this C7 day of AC ?4A, 2006.
AT ST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK: /f v
PASSED BY THE CIT/ COUNCIL: g
PUBLISHED: 070
EFFECTIVE DATE( g /0
ORDINANCE NO.: i �I q
Steven M. Mullet, Mayor
Vacant structures. doc 11/29/2006 Page 3 of 3
SUMMARY OF ORDINANCE
No. 2144
City of Tukwila, Washington
On December 4, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2144, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
Ordinance No.1837, as codified at TMC 18.28.010, declaring certain vacant structures
as public nuisances; establishing criteria for the maintenance and abatement of vacant
structures; 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 December 4, 2006.
d "----2,c-eve
e E. Cantu, CMC, City Clerk
Published Seattle Times: December 7, 200