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HomeMy WebLinkAboutO-0578 - Regulates dangerous buildings (16.20)., 41 ORDINANCE NO.578 An ordinance of the City of Marysville relating to dangerous buildings. THE CITY COUNCIL OF THE CITY OF ~~RYSVILLE DO ORDAIN AS FOLLOWS: SECTION 1:Dangerous buildings--Defective conditions ~numerated.All buildings or structures which have any or all of the following de- fects shall be depmed "dangerous buildings 1 "to-wit: a)Those whose interior walls or other vertical structural meniliers list,lean or buckle to such an extent that a plumb line pass- ing through the center of gravity falls outside the middle third of its base. b)Those which,exclusive of the foundation,show thirty-three per centum (33%),or more,of damage or deterioration of the sup- porting member or members,or fifty per centum (50%)of damage or deterioration of the nonsupporting enclosing or outside walls or covering. c)Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded,or which have insufficient strength to be reasonably safe for the purpose used. d)Those which have become damaged by fire,wind or other causes so as to have become dangerous to life,safety,morals or the general health and welfare of the occupants or the people of the City of Marysville. e)Those which have become or are 50 dilapidated or decayed or unsafe or unsanitary,or which so utterly fail to provide the ampnities essential to decent living that they are unfit for human habitation,or are likely to cause sickness or disease,so as to work injury to the health,morals 1 saff'ty or general welfare of those living therein. f)Those having light,air and sanitation £aciliti~s which are inadequate to protect the health,morals,safety or general wel£are of human beings who live or may live therein. g)Those having inadequate facilities £or egress in case of fire or panic or those having insufficient stairways,elevators,fire escapes or other means of communication. h)Those which have parts thereof which are so attached that they may fall and injure members of the public or property. i)Those which because of thpir condition are unsafe or unsan- itary,or dangerous to the health,morals,safety or general welfare of the people of this city. SECTION 2:Administration and enforcement bi City Engineer--Powers and duties of Building Inspector.The City ngineer of the City of Marysville shall be charged with the primary responsibility for the administration and enforcement of this ordinance and shall be assisted by the Building Inspector of the City of Marysville and both,as 'well as the Appeals Commission hereinafter established,shall have and exercise,in addition to those powers herein enurnerated 1 such other powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this ordinance. ·II ... The City Building Inspector and/or his authorized representative shall: a)Inspect or cause to be inspected all buildings including, but not necessarily limited to,schools,halls,churches,theaters, hotels,all family,commercial,manufact ur-Ing or loft buiJdings which may be brought to his attention by the Fire Chief or anyone of his duly authorized representatives or the Police Chief or anyone of his duly authorized representatives for the purpose of determining whether any conditions exist which render such places a "dangerous building"within the terms of Section 2 above , b)Inspect or cause to be inspected any buildine,wall or structure about which complaints are made by any person to the effect that a bUilding,wall or structure is,or may be,existing in violation of this ordinance. c)After such inspection,if he finds any dwelling,building or structure to be a "dangerous building,"cause to be served either personally or by certified'mail upon all persons having any interest therein,as shown by the records of the Snohomish County Auditor's office,and shall post in a conspicuous place on such property,a complaint stating in what respects such dwelling,building or structure is a "dangerous building."Such complaint shall contain a notice that a hearing will be held at a place therein fixed,not less than ten (10)days nor more than 30 days after the securing of said complaint.If the whereabouts of such persons are unknown and the same cannot be ascertained by the City Building Inspector in the exer- cise of reasonable diligence and the City Building Inspector shall make an affidavit to that effect,then the serVing of such complaint upon such pp.rsons may be made by publishing the same once each week for two (2)consecutive weeks in a legal newspaper of general circu- lation in the City of Marysville.Such complaint shall contain a notice that a hearing will be held before the City Engineer,at a place therein fixed,not less than fifteen (15)days nor more than thirty (30)days after the serving of said complaint;that all parties in interest shall be given the right to file an answer to the complaint,and to appear in person,or otherwise,and to give testimony at the tim@ and place fixed in the complaint.The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings befo~e theCity Engineer.A copy of such complaint shall also be filed with the Auditor of the county in which the dwelling, building or structure is located,and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. d)Appear at all hearings conducted by the City Engineer ~nd the Appeals Conxnission J hereinafter established,and testify as to the condition of such "dangerous budLdf ng s ;" e) The City Engineer and the City Building Inspector and/or their authorized representatives shall be empowered to enter any building for the purpose of making an inspection thereof,and any person who in any manner whatsoever shall impede or interfere with the City Fngineer or the City Building Inspector and/or their author- ized representatives or refuse them admittance to any building shall be guilty of violating the terms and cor~itions hereof and shall be subject to the penalties hereinafter provided. SECTION 3:Hearing by City Engineer--FindiDgs of fact--Order to abate--Compliance.The City Engineer shall: a)Hold a hearing to adduce such testimony as may be presented by any department of the City of Marysville,or the owner,or the owner,occupant,mortgagee J lessee or any other person having an interest in such building or premises designated a "dangerous building," as shown by the records of the Snohomish County Auditor. -2- " b)Make written findings of fact from the testimony offerod pursuant to subsection (a)as to whether or not the building in question is a "dangerous building"within the tems of Section 2 hereof. c)After a complete investigation of the "dangerous building," issue an order based upon said findings of fact commanding the occu- pant,mortgagee,lessee,agent and all other persons having an interest in said bUilding,as shown by the records of the Snohomish County Auditor,to repair and/or vacate and/or demolish such building found to be a "dangerous building"within the tenns of this ordinance. d) Send a copy of said order and findings of fact via cer- tified mail to th e owner,lessee,mortgagee,agent and all other persons having an interest in the said building,as shown by the r~cords of the Snohomish County -Auditor,of any building found by the City Engineer to be a "dangerous building"within the standards set forth in Section 2,and a copy of the said order shall be posted in a conspicuous place on said building.The order and findings of fact shall cover the following information,to-wit: 1.Name of the owner or other persons interested,as provided hereinabove. 2.Street address and legal description of the property on which said building,wallar structure is located. 3.General description of type of building,wallar structure deemed unsafe. 4.A complete,itemized statement or list of particulars which caused the building,wall or structure to be a "dangerous building"as defined in Section 2 above. 5.Whether or not the defects specified in the statement or list of particulars,as provided for in paragraph 4,above, can be removed or repaired. 6.Whether or not said building should be vacated by its occupants,and the date of such vacation. 7.Whether or not the said building constitutes a fire menance. 8.vfuether or not it is unreasonable to repair the said building and whether or not the said building should be demolished. 9.A statement of the reasonable time to commence to vacate and/or make repairs and/or demolish the bui Ldtng,as provided in said order.A reasonable time shall not exceed thirty (30) days except in cases of an unusually large building.The time to commence may be extended by the City Engineer or the Appeals Commission for an additional period 0f sixty (60)days, provided,however,the extension is applied for by the owner or other persons interested in the property as hereinabove defined at least five (5)days before the expiration of the time to commence vacation,repai~or nemolition. 10.A reasonable time to complete the vacation,repairs or demolition as provided in said order,and said reafionable time for completion shall not exceed sixty (60)days,unless the time is extended by resolution of the City Council of the City of Marysville. -3- .I'• e)If the owner,mortgagee,lessee or other person having an interest in said building fails to comply with the order provided for in subsection (c)hereof within thirty (30)days or any reasonable time ordered by the City Engineer,then the City Engineer shall cause such building or structure to be repaired,vacated or demolished as the facts may warrant under the standards hereinbefore provided in Section 2,and the costs of such repair,vacation or demolition shall be a lien charged against the land on which said bUilding or structur~ existed in favor of the City of Marysville,to be foreclosed in the manner provided for in the foreclosure of mechanics'and matprialmen's liens,or shall be recovered in a suit at law or equity against the owner;provided,however,that in cases where such procedure is desirable and any delay th~reby caused will not be dangerous to the health,morals,safety or general welfare of the people of this city, the City Engineer may notify the City Attorney to take legal action to force the owner to make all necessary repairs,vacate or demolish the building or structure. f)If no appeal is filed as hereinafter provided,a copy of the order and findings of fact shall be filed with the Auditor of Snohomish County. SECTION 4:Standards to be followed in ordering abatement.The following standards shall be followed in substance by the City Engineer and Appeals Commission in ordering repair,vacation or demolition of any "dangerous building,It to-wit: a) that it nanc~,1t Appeals If the "dangerous building"can reasonably be repaired so will no longp.r exist in violation of the terms of this Qrdi- shall be ordered r~paired by the City Engineer or the Commission. b}If the "dangerous building"is in such condition as to make it dargerous to thp health,morals,safety or general welfarp,of its occupants,it shall be ordered to be vacated by the City Engineer or the Appeals Commission. c)If the "dangerous building"is fifty per centum (50?')damaged or decayed or deteriorated in value,it shall be demolished.Value as used herein shall be the valuation placed upon the bUilding for purposes of general taxation. d)1£the "dangerous building"cannot be re pa Lr-ed so that it wi 11 no longer exist in violation of the terms of this ordinance,.Lit shall be demolished. e)If the Tldangerous building"is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of this city or statute of the State of Washington,it shall be demolished providing the said fire hazard is not eliminated by the owner or other interested persons within a reasonable time. SECTION 5:A eals commission establish d--A ointment of members. There is here y created and esta is ed a ody to e nown as t e Appeals Commission of the City of Marysville,which shall consist of three (3)members,residents of the City of Marysvgle,to be appointed by the Mayor with the approval of the City Council,one 01'wnom shall be elected by said members to serve in the capacity o£chairman.Said members shall be appointed for a term of three (3)years,provided, however,that of the mpmbers first appointed,one (1)member shall be appointed for a term of one (1)year,one (1j member for a term of two (2)years and one (1)member for a term of three (3)years.There- after,all such appointments shall be for a term of three (3)years. -4- ,. -.."., In the event of the death,rpsie.;nation or removal of any mernbe r' of said Appeals Commission,thp Mayor shall appoint a successor to se rve his unexpf rcd term,which appointment shall bp.made in the man- ne r'herein provided.Any member of the Apppais Commission shall be p.lieiblp for reappointment and all chall serve without compensation. The City of Marysville ~hall furnish to said Appeals Commission such clerical help as may be required. SECTION 6:A eals--Findi s of comrnission--Failurp to com 1 with final order.1 e owner or any party of interest,within thirty 30) days from the date of sprvice upon the owner and posting of an order issued by the City Engineer under the provisions of Section 3 hereof, may file an appe a.L in wri ting .~i th the Appeals Commission setting forth with particularity thp.alleged errors of tbe order and findings of fact issued ~y the City F.ngineer.Upon receipt of such written appeal the matter shall be prompt Iv qP-t d~wn for hearine before the Appeals Commission and all such appeals shall be resolved by the Appeals Commission within sixty (00)days from thp date of filing therewi t.h , The findings of fact and orders of the Appeals Commission srall be r~port~d in the same manner and shall bear the same legal con- sequences as if issued by the City Engineer.A transcript of the findings of fact and orders of the Appeals Commission shall b~made available to the owner-or the party in interest upon demand and shall be filed with the Auditor of Snohomish County • .'If the ownpr or the party in interest,following exhaustion of his rights to appeal,fails to comply with the final o rde r-to rppair, alter,improve,vacate,close,remove or demolish the dwelling, building or stnlcture,the Appeals Commission may direct or cause such dWPlling,buildi ng or structure to be re paired,al tared,improved, vacated,closed,removed or demolished in the same manner as provided in Section 2 hereof. SECTION 7:Violation--Penalty.Every person violating any provisions of this ordinance shall be punishable by a fine not p.xceeding Three Hundred Dollars (~300.00)or by imprisonmpnt 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. SECTION 8:Any ordinance or parts of any ordinance in conflict herewith are hereby repealed. SECTION 9:This ordinance shall take pffect and be in force from and after its passage,approval,and five days following its publication as requi red by law. Passed by the Council of the City of Marysville,this -)}u'l l ('II ,1 967• .7..'ltt day of, ATTEST: City Clerk -5- CITY OF MARYSVILLE/?It .By-:~i:t ,,,-,k_-_. ~ayor