HomeMy WebLinkAbout4186ORDINANCE NO.
AN ORDINANCE of the city council of the
city of Kent, Washington, amending the Kent City
Code to repeal the City's adoption of the Uniform
Code for the Abatement of Dangerous Buildings by
amending sections 14.01.010 and repealing
section 14.01.080, to adopt a new chapter 14.02,
entitled `Unfit Dwellings, Buildings, and
Structures" to create an additional enforcement
tool for code violations involving unfit dwellings,
buildings, and structures, and amending sections
14.08.0401 14.08.060, and 14.08.200 to reference
the newly adopted chapter 14.02.
RECITALS
A. The city council finds that there are, within the city of Kent,
dwellings that are unfit for human habitation, and buildings, structures,
and premises or portions of premises that are unfit for other uses due to
dilapidation, disrepair, structural defects, defects increasing the hazards of
fire, accidents, or other calamities, inadequate ventilation and
uncleanliness, inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or other conditions that are harmful to the health and
welfare of the residents of the City. Unfortunately, the owners of those
properties are often unwilling or unable to correct these conditions.
B. Chapter 35.80 of the Revised Code of Washington ("RCW")
authorizes cities to adopt ordinances enabling them to address these
Y Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
conditions fairly, effectively, and with substantial assurance that the city
can recover its costs incurred to abate these conditions. The City adopts
this ordinance so that staff can use the code enforcement process provided
for within Chapter 35.80 RCW to eradicate dwellings and other buildings or
structures that are unfit or otherwise harmful.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Amendment - KCC 14.01.010. Section 14.01.010 of
the Kent City Code, entitled "Building codes—Adopted," is amended to
repeal the City's prior adoption of the Uniform Code for the Abatement of
Dangerous Buildings as follows:
Sec. 14.01.010. Building codes –Adopted. In accordance with
Chapter 19.27 RCW, the following codes (collectively, the "building codes")
together with any additions, deletions, and exceptions currently enacted or
as may be amended from time to time by the state of Washington through
its Building Code Council pursuant to the Washington Administrative Code
("WAC"), and as further amended in this chapter, are adopted by
reference:
A. The International Building Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-50
WAC.
B. The International Existing Building Code, 2012 Edition, published by
the International Code Council, Inc., but its application is limited as
provided for in Chapter 34 of the International Building Code, and as
amended pursuant to WAC 51-50-480000 through 51-50-481500.
2 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
C. The International Residential Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-51
WAC.
D. The International Mechanical Code, 2012 Edition, published by the
International Code Council, Inc., as amended pursuant to Chapter 51-52
WAC.
E. The Uniform Plumbing Code, 2012 Edition, published by the
International Association of Plumbing and Mechanical Officials, including
the Uniform Plumbing Code Standards (Appendices A, B, and I to the
Uniform Plumbing Code) as amended pursuant to Chapter 51-56 WAC.
F. The Uniform Housing Code, 1997 Edition, published by the
International Conference of Building Officials.
--
�l-: G. The International Energy Conservation Code, 2012 Edition,
published by the International Code Council, Inc., as amended pursuant to
Chapters 51-11C and 51-1
1R WAC.
H. The International Property
Maintenance Code, 2012 Edition,
published by the International Code Council, Inc., including the Boarding
Standard (Appendix A to the International Property Maintenance Code).
One (1) copy of each of these codes is on file with the city's building
official.
SECTION 2. -Amendment -New Chapter 14.02 KCC. Title 14 of
the Kent City Code is amended by adding a new chapter 14.02, entitled
"Unfit Dwellings, Buildings, and Structures," to read as follows:
3 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Chapter 14.02
Unfit Dwellings, Buildings, and Structures
Sec, 14.02.010. Findings and Purpose. Pursuant to Chapter
35.80 of the Revised Code of Washington (RCW), Y council finds that
dwellings exist within the city of Kent that are unfit for human habitation.
When all or any portion of buildings, structures, and premises become
unfit for their intended uses due to dilapidation; disrepair; structural
defects; defects increasing the hazards of fire, accidents or other
calamities; inadequate ventilations uncleanliness; inadequate light or
sanitary facilities; inadequate drainage; overcrowding; or other conditions,
they are harmful to the health, safety, and welfare of the city's residents.
The purpose of this chapter is to implement the process and to
acquire and exercise the powers authorized by Chapter 35.80 RCW to
address conditions such as those described above that render dwellings,
buildings, structures, and premises in the city unfit.
The purpose of this chapter is not to create or otherwise establish or
designate any particular class or group of persons who will or should be
especially protected or benefited by the terms of this chapter.
Sec. 14.02.020. Definitions. The definitions contained in KCC
1.04.020 and KCC 14.08.020 will also apply to this chapter. In addition,
the following words, terms, and phrases, when used in this chapter, will
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
A. Abandoned means any property, real or personal, that is unattended
and either open or unsecured so that, in the case of real property,
admittance may be gained without materially damaging any portion of the
property, or which reasonably appears not to be presently possessed by
4 Ordinance Amending Title 14 KCC—
Unfit
Dwellings, Buildings, and Structures
any person. Examples of real or personal property that may reasonably
appear abandoned include, without limitation, dwellings, buildings,
structures, and other premises where utilities are disconnected, debris is
accumulated, uncleanliness or disrepair is evident, or where items of
personal property are located in places where those items are not normally
kept or used.
B. Appeals Commission means the office of the hearings examiner as
created in Chapter 2.32 KCC.
C. Boarded -up building means any unoccupied building the exterior of
which is closed by extrinsic materials or devices installed on a long-term,
rather than brief temporary basis, giving to the building the appearance of
non -occupancy or non-use for an indefinite period of time. Appendix A of
the International Property Maintenance Code (IPMC), adopted for use and
enforcement within the city, provides criteria that regulates how dwellings,
buildings, and structures may be properly secured against unlawful entry,'
and otherwise maintained to protect the public health, safety, and welfare
and the provisions and purposes of this chapter.
D. Building means all or any portion of any building, dwelling,
structure, mobile home, or factory -built house built for the support,
shelter, or enclosure of persons, animals, chattels, or property of any kind.
E. Costs means the city's actual expenses incurred to correct illegal
conditions pursuant to the provisions of this chapter, plus any applicable
administrative fee.
F. Director means the city's director of the Economic and Community
Development Department or the director's designee.
G. Imminent danger means an immediate exposure or liability to
injury, harm, or loss.
5 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
H. Improvement officer means the person authorized by the director to
conduct a review hearing pursuant to this chapter.
I. Nuisance means: (a) a nuisance defined by statute or ordinance; (b)
a nuisance at common law, either public or private, (c) an attractive
nuisance, whether realty, fixture, or chattel, in or on a building, a building
premises, or an unoccupied lot, that might reasonably be expected to
attract children and constitute a danger to them, including without
limitation, abandoned wells, ice boxes or refrigerators with doors and
latches, shafts, basements or other excavations, abandoned or inoperative
vehicles or other equipment, structurally unsound fences or other fixtures,
lumber, fencing, vegetation or other debris; (d) uncleanliness or other
condition that is dangerous to human life or detrimental to health, (e)
overcrowding; or (f) abandoned as defined in this chapter.
J. Subject property means the dwelling, building, structure, or
premises that is the subject of investigation or an enforcement action
pursuant to this chapter.
K. Unfit means a dwelling, building, structure, or premises that has any
or all of the defects enumerated in KCC 14.02.080 and is therefore unfit
for human habitation or other uses.
L. Value means the amount assessed upon a dwelling, building,
structure, or premises for purposes of general taxation.
Sec. 14.02.030. Duties of the code enforcement officer. The
code enforcement officer's duties and powers include:
A. Investigating dwellings, buildings, structures, or premises the
officer, pursuant to this chapter, has reasonable grounds to believe are
unfit; and
6 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. Preparing, serving, and posting of notices and orders according to
the provisions of this chapter regarding subject properties that the officer
has reasonable grounds to believe, pursuant to this chapter, are unfit; and
C. Doing all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.040. Duties of the improvement officer. The
improvement officer's duties and powers include:
A. Conducting review hearings pursuant to RCW 35.80.030 to consider
notices and orders issued by code enforcement officers with other evidence
that may be received from code enforcement officer or other parties and
persons; and
B. Preparing, serving and posting a Summary of Decision, including
findings of fact in support of the improvement officer's determination,
pursuant to KCC 14.02.140(D); and
C. Doing all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.050. Duties of the hearing examiner. The hearing
examiner is the appeals commission for purposes of this chapter. In
addition to the powers conferred through ch. 2.32 KCC, the Hearing
Examiner shall:
A. Conduct administrative hearings pursuant to KCC 14.02.170 to
consider notices and orders issued by the code enforcement officer or the
improvement officer together with other evidence that may be received
from the improvement officer, code enforcement officer, or other parties
and persons, and where appropriate, affirm, modify, or overturn the
notices and orders by written decision; and
7 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. Do all things necessary and proper to carry out and enforce this
chapter.
Sec. 14.02.060. Rules and regulations. The director may
establish rules and procedures to reasonably and fairly administer the
provisions and achieve the purposes of this chapter. The improvement
and code enforcement officers shall recognize and give appropriate effect
to special and extenuating circumstances that, in order to do substantial
I
ustice in specific cases, warrant the exercise of discretion to adjust the
timeframes, standards, and other provisions of this chapter. Examples of
circumstances that may warrant an exercise of discretion include without
limitation: medical illness or disability affecting the ability of the person
responsible for the violation to respond to orders or appear at hearings,
and bona fide insurance coverage disputes that create a definite risk that
enforcement of this chapter would unfairly result in a substantial economic
loss to the property owner or the person responsible for the violation.
The building official, improvement officer, or code enforcement
officer is authorized to exercise all powers, consistent with the provisions
of this chapter that may be necessary or convenient to reasonably and
fairly achieve its purposes. When authorized by consent of the owner or
other party in possession of a subject property, or if consent to enter
either cannot be requested because the owner or party in lawful
possession is not available, or consent to enter is refused or revoked, and
when authorized by judicial warrant or other legal authority, the building
official, code enforcement officer, or designee, may enter upon a subject
property to investigate violations or to enforce the provisions of this
chapter. When authorized entry occurs, the building official, code
enforcement officer, or designee, will take reasonable steps to minimize
inconvenience to persons in lawful possession of the property.
8 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
Sec. 14.02.070. Determination of unfitness. The code
enforcement officer, improvement officer, or hearing examiner may
determine that a dwelling, building, structure, or premises are unfit if
conditions exist in the dwelling, building, structure, or premises that are
dangerous or injurious to the health or safety or welfare of the occupants
of the dwelling, building, structure, or premises, the occupants of
neighboring dwellings, or other residents of the city.
Sec. 14.02.080. Standards for determination of unfitness.
Dwellings, buildings, structures, or other premises that have any or all of
the following defects may be deemed dangerous or unfit.
A. Interior walls or other vertical structural members that list, lean, or �
buckle to an extent that a plumb line passing through the center of gravity
falls outside the middle third of its base.
B. Dwellings, buildings, and structures that, exclusive of the
foundation, show 33 percent or more of damage or deterioration of the
supporting member or members, or 50 percent of damage or deterioration
of the non -supporting enclosing or outside walls or covering.
C. Dwellings, buildings, and structures that have improperly distributed
loads upon the floors or roofs, or in which are overloaded, or which have
insufficient strength to be reasonably safe for the purpose used.
D. Dwellings, buildings, and structures that have become damaged by
fire, wind, or other causes so as to have become dangerous to the
occupants or to the general public health, safety, or welfare.
E. Dwellings, buildings, and structures that have become or are so
dilapidated or decayed or unsafe or unsanitary that they are unfit, or are
likely to cause sickness or disease, so as to work injury to those living or
who may enter within or to the general public health, safety, or welfare.
9 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
F. Dwellings, buildings, and structures that have inadequate light, air,
or sanitation facilities, including the lack of running potable water, to
protect those who live or who may enter within or to protect the general
public health, safety, or welfare.
G. Dwellings, buildings, and structures that do not comply with the
applicable fire code for means of egress in case of fire or panic or that
have insufficient stairways, elevators, fire escapes, or other means of
escape.
H. Dwellings, buildings, and structures that have attached parts that
may fall and injure any person or damage any property.
I. Dwellings, buildings, and structures that, because of their condition,
are unsafe or unsanitary, or dangerous to those living or who may enter l
within or the general public health, safety, or welfare.
J. Dwellings, buildings, and structures that have any exterior cantilever
wall, or parapet, or appendage attached to or supported by an exterior
wall of the building located adjacent to a public way or to a way set apart
for exit from a building or passage of pedestrians, if that cantilever,
parapet, or appendage is not so constructed, anchored, or braced as to
remain wholly in its original position in event of earthquake capable of
producing a lateral force equal to 0.2 of gravity.
K. Dwellings, buildings, and structures that in whole or in part are
erected, altered, remodeled, or occupied contrary to the ordinances
adopted by the city and create a risk of harm to person or property.
L. Dwellings, buildings, and structures that have any exterior wall
located adjacent to a public way or to a way set apart for exit from a
building or passage of pedestrians, if that wall is not so constructed,
10
Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
anchored, or braced as to remain wholly in its original position in event of
an earthquake capable of producing a lateral force equal of 0.2 of gravity.
M. Premises that constitute a public nuisance pursuant to KCC 8.01.030
and are dangerous or injurious to the occupants, the occupants of,
neighboring premises, or the general public health, safety, or welfare.
N. Premises that have any number of unsecured vehicles, cars, trucks,
bikes, farm equipment, construction equipment, boats, trailers,
snowmobiles, jet skis, or other machinery or implements that meet the
definition of junk vehicle provided in KCC 8.08.020 and that create a risk
of harm to person or property.
O. Premises that are unsecured and unsafe due to conditions that pose
a hazard or attractive nuisance including without limitation sink holes,
exposed underground vaults, pipes or wires, trenches, unstable slopes, or
hazardous materials.
P. Developed premises that have over 50 percent of the area covered
in blackberries or other noxious vegetation constituting a nuisance under
KCC 8.07.050,
Sec. 14.02.090. Standards for repair, vacation, or demolition.
The following standards shall be followed in substance by the improvement
officer and the hearing examiner when ordering repair, remediation,
vacation, or demolition of dwellings, buildings, structures, or premises.
A. If the dangerous or unfit dwelling, building, structure, or premises
can reasonably be repaired or remedied so that it will no longer exist in
violation of the terms of this chapter, the improvement officer or hearing
examiner shall order repair or remediation.
1I Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
B. If the estimated cost to repair the dangerous or unfit dwelling,
building, structure or premises is 50 percent or more of the current
assessed value, it will be demolished.
C. If the dangerous or unfit dwelling, building, structure, or premises
cannot be reasonably repaired or remedied so that it will no longer exist in
violation of the terms of this chapter, it will be demolished.
D. If the dangerous or unfit dwelling, building, structure, or premises is
a fire hazard and that condition violates any provision of this chapter or
any other ordinance of the city or the laws of the state, the unfit dwelling,
building, structure, or premises shall be demolished or abated, unless the
owner eliminates the fire hazard within 10 days, but the improvement
officer or hearing examiner, for good cause shown, may grant additional
time to remedy the violation.
Sec. 14.02.100. Security of unoccupied dwellings, buildings,
structures, or premises.
A. The code enforcement officer, improvement officer, or hearings
examiner may determine that an unoccupied property is unfit for reasons
including without limitation:
1. It is not secure against unauthorized entry by children,
trespassers, vagrants, or other persons;
2. It is not secure against infestation by insects or animals;
3. It is not secure against deterioration as a result of exposure
to vandalism, weather, or the elements; or
4. It is inadequately maintained and repaired as evidenced by
broken windows, overgrown vegetation, graffiti, or other conditions.
B. In making this determination, the code enforcement officer will
consider and document with photographs and written accounts the factors
12 Ordinance Amending Title 14 KCC—
Unfit Dwel/ings, Buildings, and Structures
that in his or her judgment reasonably bear on the determination,
including without limitation:
1. The physical condition of the subject property and whether it
reflects ongoing maintenance and repair, including the presence of broken
windows or evidence of vandalism, overgrown vegetation, the presence of
insect or animal pests, deterioration due to weather or exposure to the
elements, and whether graffiti, when it occurs, is painted over promptly.
2. The length of time the subject property has been unoccupied.
3. The subject property is being actively marketed for sale or
lease.
4. Other facts that demonstrate that the subject property has
been or will likely be subject to hazards and circumstances contrary to the
public health, safety, and welfare.
5. Other considerations established by this chapter.
C. In addition to any other powers authorized by this chapter, the
improvement officer may order the person responsible for the violation to
perform any or all of the following on or before a stated compliance
deadline.
1. Secure all exterior openings of the subject property in
accordance with Appendix A of the International Property Maintenance
Code, or if the property owner requests otherwise in writing, by using
alternative materials or methods that the code enforcement officer or
improvement officer determines are adequate to make the dwellings,
buildings, structures, premises weather -tight and secure against
unauthorized entry.
2. To disconnect all utilities including electricity, gas, and water.
3. To remove any graffiti and to keep the property free of
graffiti.
4. To maintain the premises generally free of any vegetation or
other matter that may constitute a nuisance or a fire hazard.
13 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
D. The improvement officer may modify orders issued under KCC
14.02.100(C) from time to time in response to new information or changed
circumstances regarding all or a portion of the dwelling, building,
structures, or premises.
E. The code enforcement officer may monitor compliance of any
unoccupied dwelling, bung, structures, or premises that has been the
subject of orders issued under this chapter. Monitoring may include
regular inspections at an interval determined appropriate by the code
enforcement officer based upon the subject property's violation history.
Sec. 14.02.110. Preliminary investigation. After the city learns
of a dwelling, building, structure, or other premises that may be unfit, the
code enforcement officer will investigate whether the condition exists, and
if so, whether that condition is a violation of this chapter or other provision
of the Kent City Code. This investigation should typically include
reasonable efforts to speak with the owner of the subject property, or the
tenant if the property is rented. The code enforcement officer will make a
record of the investigation, including:
A. Identification of the subject property.
B. Documentation of inspection actions, including relevant dates,
efforts to establish identity of, and contact with owners, tenants, or others
responsible for the violations.
C. Written observations relevant to possible conditions of unfitness,
possibly including diagrams of the building or premises and photographs.
D. The officer's conclusion of whether the dwelling, building, structure,
U1 other premises is unfit and the officer's reasons for that conclusion.
14 Ordinance Amending Title Y4 KCC—
Unfit Dwellings, Bui/dings, and Structures
If the code enforcement officer determines no violation exists, the officer
will note that determination for the record and the matter will be
concluded. The code enforcement officer will notify the owner or other
person responsible for the violation, or other persons who have requested
notice of the officer's determination.
Sec. 14.02.120. Notice and order—Contents. If, after
preliminary investigation, the code enforcement officer determines that a
dwelling, building, structure, or other premises is unfit, the officer will
serve, according to the provisions of KCC 1.04.060, a notice and order that
will state, identify, or describe:
A. The subject property including at least the property address and
county assessor's tax parcel number.
B. The conditions) on the subject property that is illegal or that
renders one or more dwellings, buildings, structures, or premises unfit;
C. The actions needed to correct the non-compliant condition(s);
D. The deadline for correction of the condition(s), which should allow a
reasonable time for correction and must be set at least 48 hours before the
matter will be presented at a hearing before the improvement officer;
E. The cost or administrative fees that may be charged to the person
responsible for the violation as a consequence of the described non-
compliant conditions, as described in KCC 14.02.190;
F. The place and date where and when the matter will be presented to
the improvement officer, which will be at least 10 and not more than 30
days after the notice and order is served or posted.
15 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
G. Advise that at the improvement officer hearing, the improvement
officer will be requested to:
1. Affirm the code enforcement officer's determination of
unfitness;
2. Authorize the city to proceed to abate the described non-
conforming conditions on the subject property, if those conditions are not
corrected before the deadline or otherwise corrected by the person
responsible for the violation; and
3. Affirm that the owner will pay administrative fees plus the
costs incurred by the city, through the date of the code enforcement
officer's determination of the non -conforming conditions, together with all
reasonable costs that the city subsequently incurs to abate the non-
conforming conditions, together with all administrative fees incurred for
the subsequent abatement.
H. That all parties responsible for the violation shall be given the right
to file an answer to the notice and order, to appear in person or otherwise,
and to give testimony at the time and place for the improvement officer's
review stated in the notice and orders
I. That city policy allows the improvement officer to waive the city's
costs or administrative fees, or both, for a first offense if the non-
conforming conditions are corrected at least 48 hours prior to the
improvement officer's hearing;
J. Invite the cooperation of the persons) responsible for the violation
and inform the violator(s) that city policy allows first offenders to negotiate
a voluntary correction agreement consistent with the provisions of KCC
1.04.070 in which, among other things, the person responsible for the
violation.
1. Admits that the non -conforming condition(s)
exist(s);
16 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
2I Promises to correct the non -conforming conditions) by an
agreed deadline,
3. Understands that he or she: (i) may refuse consent to enter,
(ii) may limit the scope of any consent to enter to certain areas, (iii) may
withdraw at any time any consent to enter once consent is given, (iv) must
allow entry by representatives of the city or persons under contract with
the city to correct any non -conforming condition(s) that the violator fails to
correct by the required deadline; and (v) acknowledges that any evidence
discovered during the consent to entry may be used against the person
responsible for the violation in the existing proceeding or in other
proceedings, including criminal proceedings, and
4. Agrees to pay the city's costs to abate the illegal conditions if
the owner fails to abate, pursuant to KCC 14.02.190.
K. If the subject property is lawfully occupied by someone other than
the person responsible for the violation and if the person(s) responsible for
the violation has not corrected the violations by the required deadline, no
voluntary correction agreement will be offered unless the persons lawfully
occupying the property also consent to entry by either the city or persons
under contract with the city to correct the illegal condition(s)1
L. Advise the violators) that if the non -conforming conditions are not
timely corrected, the city may pursue the matter further by civil or criminal
enforcement, or both, in addition to further proceedings authorized under
this chapter; and
M. Advise the violators) that city policy is to criminally prosecute
repeat offenders.
Sec. 14.02.130. Service of notice and order—Filing with
county auditor. If, after a preliminary investigation of any dwelling,
building, structure, or premises, the code enforcement officer determines
17 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
that it is unfit, he or she will serve, all parties responsible for the violation,
either personally or by certified mail, return receipt requested. The officer
must also post at one or more conspicuous places on the subject property,
a copy of the notice and order stating, in accordance with the provisions of
Section 14.02.120, in what respects the dwelling, building, structure, or
premises is unfit. If the whereabouts of the violator(s) is unknown and
cannot be ascertained by the officer in the exercise of reasonable diligence,
and the officer makes an affidavit to that effect, then the serving of the
notice and order upon the violator(s) may be made either by personal
service or by mailing a copy of the notice and order by certified mail,
postage prepaid, return receipt requested, to each violator at the address
of the building involved in the proceedings, and mailing a copy of the
notice and order by first class mail to any address of each violator in the
records of the county assessor or the county auditor. A copy of the notice
and order must also be filed with the county recorder's office, and filing the
notice and order shall have the same force and effect as other lis pendens
notices provided by law.
Sec. 14.02.140. Improvement officer hearing to review
notice and order.
A. Unless, prior to the time fixed in the notice and order for a hearing
before the improvement officer, the property owner has entered into a
voluntary correction agreement, or city staff have determined that the
nonconforming conditions have been corrected, the improvement officer
will hold a hearing to review the notice and order and determine the
immediate disposition of any nonconforming conditions existing at the
subject property. The hearing will be canceled if the code enforcement
officer approves the completed corrective action at least 48 hours before
the scheduled hearing, and the code enforcement officer will provide notice
of satisfactory correction to the owner, complainants, and other interested
I8 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
persons, and to the county recorder's office if a notice of the enforcement
action was previously filed.
B. The improvement officer shall conduct a hearing pursuant to any
rules adopted by the director. The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the improvement
officer. The code enforcement officer, the person(s) subject to the
violation, and other parties entitled to be served with the notice and order
may participate as parties in the hearing, and each party may call
witnesses. The city has the burden of demonstrating by a preponderance
of the evidence that the subject property is unfit and that the required
corrective action stated in the notice and order is reasonable. When
considering the evidence, the code enforcement officer's determination of
unfitness and order to correct nonconforming conditions shall be accorded
substantial weight.
C. If the cited violator or other parties fail to appear at the scheduled
hearing, the improvement officer may affirm the notice and order by
finding that the subject property is unfit as determined by the code
enforcement officer. The improvement officer may further authorize the
city to assess costs and administrative fees according to the provisions of
this chapter.
D. If persons appear and provide testimony, then the improvement
officer will consider evidence and argument submitted by the code
enforcement officer, the party responsible for the violation, and the
complainant(s). The improvement officer will then determine whether the
subject property is unfit for human habitation or other use and, if so
determined, issue a summary of decision according to the provisions of
this section. Within 5 business days following the date of hearing, the
summary of decision shall be served, either personally or by certified mail,
with return receipt requested, upon the person responsible for the violation
19 Ordinance Amending Title 14 KCC—
Unfit
Dwellings, Buildings, and Structures
and other persons entitled to notice of the notice and order, and shall be
posted in a conspicuous place on the subject property. The summary of
decision will include at least the following:
1. Findings of fact in support of the improvement officer's
decision affirming the notice and order; and
2. Either:
a. That the compliance deadline under the notice and
order was reasonable and has passed without satisfactory correction of the
illegal conditions; or
b. That the compliance deadline under the notice and
order should be extended until a date certain by which time the illegal
conditions must be corrected.
3. An accounting of the city's costs and administrative fees
which, as of the date of the hearing, have been incurred as a consequence
of the illegal conditions, and that those costs and fees will be charged to
the owner and shall be specially assessed and shall constitute a lien
against the real property if they are not paid timely.
4. Direction that, after exhaustion of any appeal rights, if the
owner or responsible parties fail to comply with the notice and order as
confirmed by the improvement officer, the city may, with judicial warrant
or other legal authority, directly or by private contract, correct the illegal
conditions, and the costs incurred by the city for that correction, including
administrative fees as authorized by this chapter, will be charged to the
person determined to be responsible for the violation and will be specially
assessed and that special assessment will constitute a lien against the real
property if not paid timely.
E. The summary of decision shall state that the person responsible for
thC violation is entitled to appeal the improvement officer's decision to the
hearing examiner within 30 days and, unless he or she does appeal or
correct the illegal conditions, the city has the power, when authorized by
20 Ordinance Amending Title
14 KCC—
Unfit Dwe//ings, Buildings, and Structures
Judicial warrant or other legal authority, to secure the subject property, to
do any act required of the person responsible for the violation in the notice
and order, to charge costs and administrative fees incurred to correct the
illegal conditions to the person responsible for the violation, and to assess
those costs and fees against the property.
F. If no appeal is filed, a copy of the summary of decision will be filed
with the recorder's office of King County and the notice and order will be
final.
Sec. 14.02.1:50. Enforcement. The summary of decision may
prescribe times other than times stated in the notice and order within
which correction of nonconforming conditions must be commenced or
completed. If the required corrective action is not commenced or
completed within the prescribed time, or if no time is prescribed within the
time for appeal, the code enforcement officer may, after the period for
appeal has expired, begin the legal process to obtain a warrant to abate
the nonconforming conditions. If satisfactory progress has been made and
sufficient evidence is presented that the nonconforming conditions will be
corrected within a reasonable time, the code enforcement officer or
improvement officer may extend the time for completion of the work. If
the time for appeals to the hearing examiner under KCC 14.02.170 and
petition to the court under KCC 14.02.180 has passed, the person
responsible for the violation may, for good and sufficient cause beyond his
or her control, request in writing an extension of time. The improvement
officer may grant a reasonable extension of time only if the officer finds
that the delay was due to extenuating circumstances beyond the control of
the person responsible for the violation, as evidenced by supporting
documentation or other reliable information. There shall be no appeal or
petition from the improvement officer's ruling on an extension of time.
21 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
EM III1 III1IIIIti tiIIIII 1 11 11 1•11 11 11-11 111- • - f - • III
A. The owner or any party responsible for the violation, as those terms
are defined in KCC 1.04.060, may file an appeal of the improvement
officer's decision within 30 days from the date of service and posting. The
appeal must be filed with the director.
B. Appeals shall be in writing, be accompanied by an appeal fee as set
by the city council, and contain the following information:
1.
'
address;
2.
appeal,
3.
Appellants name, address, phone number, and email
Appellant's statement describing his or her standing to
Identification of the summary of decision which is the subject
of the appeal;
4. Appellant's statement of grounds for appeal and the facts
upon which the appeal is based;
5. The relief sought, including the specific nature and extent;
and
6. A statement affirming that the appellant has read the appeal
and believes the contents to be true, followed by the appellant's signature.
C. Any appeal of the improvement officer's decision will be heard by
the city's hearing examiner. Notice of the time and place of the hearing
shall be served by regular first class mail to the address of the party who
filed the appeal. The matter of the appeal will be scheduled for public
hearing before the hearing examiner so as to allow 10 days' notice of the
hearing to the appellant and all responsible parties and to permit final
decision thereon to be made within 60 days after the filing of the appeal.
The filing of the notice of appeal shall stay the notice and order as
confirmed by the improvement officer, except so much thereof as requires
22 Ordinance Amending Title 14 KCC—
Unfit Dwe/lings, Buildings, and Structures
:mporary measures, such as securing of a building to minimize any
mergent danger to the public health or safety.
Sec. 14.02.170. Hearings before the hearing examiner.
A. Upon timely appeal, the hearing examiner shall review the
proceedings and decisions of the improvement officer and determine
whether to affirm, modify, or vacate those decisions.
B. The hearing examiner's review shall be on the record as prepared
before the improvement officer, not de novo. In the absence of new
information or changes in circumstances outside the parties' control, the
hearing examiner will not accept new evidence or evidence not made
available to the improvement officer. At the appeal hearing, the hearing
examiner shall consider the file of the proceedings before the improvement
officer and such other evidence as the hearing examiner may permit in
accordance with this section. Unless other rules or guidelines are set by
the hearing examiner at the time of the hearing, each party will be given
15 minutes to present oral argument to the hearing examiner.
C. The hearing examiner shall review the record, oral argument of the
parties and such supplemental evidence as is permitted under KCC
14.02.170(B). The hearing examiner may grant relief only if the party
seeking relief has carried the burden of establishing that one of the
following standards has been met:
1. The improvement officer or code enforcement officer engaged
in unlawful procedure or failed to follow a prescribed process, unless the
error was harmless;
2. The improvement
interpretation of the law;
officer's decision is an erroneous
23 Ordinance Amending Title 14
Unfit Dwellings, Buildings, and Stru
3. The improvement officer's decision is not supported by
evidence that is substantial when viewed in light of the whole record
before the hearing examiner;
4. The improvement officer's decision is a clearly erroneous
aFFlication of the law to the facts;
5. The improvement officer's decision is outside the authority or
jurisdiction of the improvement officer;
6. The improvement officer's decision or the code enforcement
officer's notice and order violates the constitutional rights of the party
seeking relief; or
7. Special and extenuating circumstances exist that, in order to
do substantial justice, warrant the grant of relief from the improvement
officer's summary of decision.
D. After the hearing, the hearing examiner may affirm, modify, or
vacate the decision of the improvement officer, or may continue the
matter for further deliberation or presentation of additional evidence.
E. A record of the proceedings shall be made and kept in accordance
with the state records retention schedule and applicable to local
governments.
F. The hearing examiner shall prepare a written order that contains
findings of fact and conclusions of law based on the record before the
hearing examiner that includes the following information.
1. For each alleged violation of the city code, a statement
indicating whether the violation has been found committed;
2. For violations found committed, the monetary penalties and
costs to be assessed pursuant to this chapter;
3. For violations found committed, any required corrective
actions;
24 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
4. For violations found committed, a finding that abatement of
the violations by the city is authorized, at the expense of the violator(s);
5. A statement notifying the violator(s) that the violator(s) may
be subject to additional civil and/or criminal penalties if the violation(s) is
not corrected or abated.
6. A statement that the violator(s) has the right to petition the
King County superior court for appropriate relief within 30 days from the
date the order was issued.
G. The hearing examiner's findings, conclusions, and order shall be
served upon the same persons in the same manner as the summary of the
improvement officer's decision.
H. The hearing examiner must file the order within 60 days after the
filing of a notice of appeal, unless continued with consent of the owner or
occupant.
I. The appeal hearing will be recorded and a copy of the recording will
be made available to the violator or other party. Should the violator or
other party request a transcript of the appeal hearing, in lieu of the
recording, a transcript will be made available at the requestor's expense.
J. The findings, conclusions, and orders of the hearing examiner on
appeals of decisions issued by the improvement officer shall be reported in
the same manner and shall bear the same legal consequences as if issued
by the improvement officer, and shall be subject to review only in the
manner and to the extent provided in KCC 14.02.180.
Sec. 14.02.180. Appeals to superior court. Pursuant to KCC
14.02.170, any person affected by the hearing examiner's order may,
within 30 days after the posting and service of the order, petition the
superior court for an injunction restraining the city from carrying out the
provisions of the order.
25 Ordinance Amending Title 14 KCC—
Unfit
Dwellings, Buildings, and Structures
Sec. 14.02. 190. Costs Of abatement and administrative fees.
A. The costs of abatement, repair, alteration, or improvement, or
vacating and closing, or removal or demolition, when those actions are
performed at the city's cost, will be assessed against the real property
upon which those costs were incurred unless paid within 30 days after
billing by the city, or unless alternative payment arrangements are made
within 30 days after billing. The building official will forward a report of
any unpaid costs of abatement and administrative fees to the city finance
director, who will certify them to the county treasurer for assessment on
the tax rolls, as provided by RCW 35.80.030(h).
B. The cost of'�vacating and closing" as referenced in subsection A will
include:
1. The amount of relocation assistance payments that a property
owner has not repaid to the city or other local government entity that has
advanced relocation assistance payments to tenants under RCW
59.18.085; and
2. All penalties and interest that accrue as a result of the failure
of the property owner to timely repay the amount of these relocation
assistance payments under RCW 59.18.085.
C. The city must use a licensed contractor when bidding to correct
nonconforming conditions. Contract documents must provide that the
value of the materials and other salvage of the property will be credited'
against the costs of the corrective action. The contract documents may
require bidders to estimate the salvage value of the property and, by
claiming the salvage, reduce the amount of the contractor's bid
accordingly. After the city accepts the bid, the contractor may not adjust,
the bid to reflect the actual salvage value. Bids may be let prior to the
time for compliance or appeal, but cannot be binding or accepted until the
order for corrective action is final.
26 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
D. In addition to actual abatement costs, the city may assess the
following administrative fees and collect those fees in the same manner as
for the collection of actual abatement costs.
1. If the code enforcement officer approves the abatement
before the improvement officer's hearing, the administrative fee will be
two hundred dollars ($200.00), except that this fee will not be required for
a first offense if the abatement required in the notice and order is
complete at least 48 hours prior to the improvement officer's hearing.
2. Where the abatement required in the notice and order is
accomplished less than forty-eight hours before the improvement officer's
hearing as provided for in KCC 14.02.140, the administrative fee will be
three hundred dollars ($300.00).
3. When abatement is accomplished after breach of a voluntary
correction agreement between the property owner and the city, the
administrative fee will be six hundred dollars ($600.00).
4. Where abatement is accomplished after the issuance of the
improvement officer's summary of decision or following material breach of
a voluntary correction agreement, the administrative fee will be one
thousand dollars ($1,000).
5. Where abatement is accomplished following the issuance of
the hearing examiner's order, the administrative fee shall be one thousand
two -hundred -fifty dollars ($1,250).
6. Where abatement is accomplished following the issuance of
an order from the Superior Court or higher appellate court, the
administrative fee will be one thousand five hundred dollars ($1,500).
E. The improvement officer or the hearing examiner may, upon
recommendation from the code enforcement officer, modify the amount,
methods, or time of payment of these administrative fees as the condition
of the property and the circumstances of the owner may warrant. In
determining any adjustments, the hearing examiner may reduce the costs
27 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
to an owner who has acted in good faith and would suffer extreme financial
hardship. The hearing examiner may, upon recommendation from the
code enforcement officer, increase the administrative fees if evidence is
presented in an appeal under KCC 14.02.170 that the scheduled fees are
inadequate to make the city whole with respect to a particular unfit
dwelling, building, structure, or other premises.
Sec. 14.02.200. Assessment and lien on the real property.
A. All costs incurred by the city to abate illegal conditions pursuant to
this chapter, including administrative fees, will be charged against the
owner of the subject property, will be specially assessed, and will
constitute a lien against the subject property unless those amounts are
timely paid.
B. The finance director, or designee, will certify to the county treasurer
any unpaid costs to correct nonconforming conditions as a special
assessment due and owing to the city. Pursuant to RCW 35.80.030, the
county treasurer will enter the amount of the special assessment upon the
tax rolls against the property for the current year and the same will
become a part of the general taxes due for that year and will be collected
at the same time and with interest at the rates and in the manner provided
for in RCW 84.56.020, as now enacted or subsequently amended, for
delinquent taxes. When collected, the proceeds will be deposited to the
credit of the city's abatement project fund. If the city removes all or part
of the dwelling, building, structure, or premises, the city will, if possible,
sell the materials removed and credit the proceeds against the cost of
removal. If any balance remains, the improvement officer will determine
the appropriate parties to receive the balance, after deducting the city's
costs and administrative fees incident thereto.
28 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
C. The assessment will constitute alien against the property that will
be of equal rank with state, county, and municipal taxes.
14.02.210 - Abatement Project Fund.
A. The city council establishes a special revolving fund to be designated
as the abatement project fund. The director may require that payments
from this fund to defray the costs and expenses that the city incurs when
conducting work necessary to abate dangerous or unfit buildings,
structures, or premises.
B. The city council may transfer to the abatement project fund those
sums it determines are necessary to expedite the performance of the work
or repair or demolition. Any sum so transferred will be deemed a loan to
the abatement project fund and will be repaid out of the proceeds of the',
collections made to the fund. All funds collected will be paid to the city
and the finance director will credit them to the abatement project fund.
SECTION 3. Amendment - 14.08.040. Section 14.08.040 of the
Kent City Code, entitled "Administration and enforcement" is amended to
read as follows.
Sec. 14.08.040. Administration and Enforcement.
A. It shall be the duty of the building official to enforce the building
codes in the manner generally described in each of the respective building
codes, and as more particularly described in this chapter, Ch. 14.02 KCC,
and in Ch. 1.04 KCC.
B. The obligation of complying with the requirements of the building
codes shall fall upon any person or entity defined under KCC 1.04.020(x)
as a AApersonresponsible for the violation," and shall expressly include an
29 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
the owner, occupier, or other person responsible for the condition of the
buildings, structures, dwelling units, or premises within the scope of the
building codes.
C. In case of conflict between the provisions of the building codes and
of this chapter, the provisions of this chapter shall be controlling. In the
case of any conflict between this chapter and Ch. 1.04 KCC, this chapter
shall control.
SECTION 4. Amendment -KCC 14.08.060. Section 14.08.060 of
the Kent City Code, entitled "Investigation and Notice of Violation" is
amended to read as follows:
Sec. 14.08.060. Investigation and notice of violation.
A. The building official shall investigate any building, structure,
dwelling unit, or premises which the building official reasonably believes
does not comply with the standards and requirements of the building
codes.
B. If, after investigation, the building official determines that the'i
standards or requirements of the building codes have been violated, the
building official may seek compliance and serve a notice of violation on a
person responsible for the violation or may otherwise enforce the building
codes pursuant to this chapter, Ch. 14.02 KCC, and Ch. 1.04 KCC,
SECTION 5. Amendment -KCC 14.08.200. Section 14.08.200 of
the Kent City Code, entitled "Violations" is amended to read as follows:
Sec. 14.08.200. Violations.
30 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
A. It shall be unlawful to intentionally fail to comply with a notice of
violation, final order, emergency order, e -F-stop work or stop use order, or
any other notice, complaint or order issued pursuant to this chapter, Ch.
14.02 KCC, or Ch. 1.04 KCC.
B. It shall be unlawful to remove or deface any sign, notice, complaint
or order posted by the building official in accordance with his enforcement
duties under this chapter, Ch. 14.02 KCC,. or Ch. 1.04 KCC.
C. It shall be unlawful for any person to intentionally obstruct, impede
or interfere with any lawful attempt to serve aU notice of ra-violation, final
order, emergency order, stop work or stop use order, or any other notice,
complaint or order, or intentionally obstruct, impede or interfere with any
lawful attempt to comply with any notice of violation, final order,
emergency order, estop work or stop use order, or any other notice,
complaint or order issued pursuant to this chapter, Ch. 14.02 KCC or Ch.
1.04 KCC,
SECTION 6. -Repealer -KCC 14.01.080. Section 14.01.080 of the
Kent City Code, entitled "Amendments to the Uniform Code for the
Abatement of Dangerous Buildings" is hereby repealed in its entirety.
SECTION 7. - Savings. The existing sections of the Kent City Code
that are repealed by this ordinance, KCC 14.01.010(G) and KCC'
14.01.080, shall remain in full force and effect until the effective date of
this ordinance.
SECTION 8. -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
31 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
SECTION 9. - 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; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 10. -Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
� SUZETTE COOKE, MAYOR
ATTEST:
ONALD FIOOR�; CITY CLERK
APPROVED AS TO FORM
32 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures
I hereby certify that this is a true copy of Ordinance No.
passed by the city council of the city of Kent, Washington, and approved
by the Mayor of the city of Kent as hereon licated.
p:\civil\ordinance135.80_fi nal. docx
SEAL)
RONAL[ 8 Mf ORE, CI�fY CLERK
33 Ordinance Amending Title 14 KCC—
Unfit Dwellings, Buildings, and Structures