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Home My WebLink AboutO-1102 - Adds three sections to Ch. 16.20; amends Sec. 16.20.020(3), (5); repeals Sec. 16.20.040(5), last paragraph of 16.20.060, and 16.20.070, dangerous buildings (16.20)CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.Ilo~ An Ordinance of the City of Marysville amending Chapter 16.20 of the Marysville Municipal Code relating to'dari~erous buildings. THE CITY COUKC:r-L OF THE 'CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: 'Section 1.Section 16.20.020 (3)of the Marysville Municipal ,Code 1S he~eby amended to provide as follows: Afte~'s~ch insp~ctiort~,if he finds any dwelling, "building or other structure to be a "dangerous bui Iding",he s ha Ll cause to be served;'either personilly,or by c~r~ified mail,with a return receipt requested,.on all persons having any interest therein,as shown upon the records of the Auditor's Office of Snohomish County,and shall.post 'in a cOh~picuous place on such property,a complaint stating in what respect such dwelling,building or structure is a "dangerous building".If the ""hereabouts of such persons is unknown and the same cannot be ascertained by the Building Inspector in the exercise of reasonable diligence,and the Building Inspector shall make an ~ffidavit to that effect,. then the serving of such complaint or order upon such person may be made by publishing the same once each week for two consecutive weeks in a legal newspaper pub Lis he d in the City ..Such complaint shall contain a notice that a hearing will be held before the City Engineer,at a place therein fixed,not less than teri days nor more than thirty days after the serving of said complaint; or in the event of publication,not less than fifteen da~nor more than 30 days from the date of the first publication;that all parties in interest shall be given the right to file an inswer to the Complaitit,and to appear in person,or otherwise, and to give testimony at the time and place fixed in the Complaint.,Rules of evidence prevailing in courts of law or equity shall net be controlling in hearings before the .City Engineer.A copy of such complaint shall also be filed with the Auditor of Snoho~ish County,and such filing of the complaint or order shall have the same.force and effect as other lis pendens notices provided by law. Section 2.Section 16.20.020(5)of the Marysville Municipal Code is hereby amended to provide as follows: The City Engineer and the City Building Inspector and Zor their authorized.r eor es ent a t i.ves shall be.,- ORDINANCE/I .., .. ., empowered to enter any building or structure for the purpose of making inspection thereof when said officers have reasonable grounds for believing that said buildings or structures are "dangerous . buildings";provided,that such entry shall be made iri such 'a manner as to cause the least possible inconvenience to th~persoris in possession .. Section 3.Section 16.20.040(5)is hereby REPEALED. Section 4.The final paragraph of Section 16.20.060, providing as follows: "If the owner or the party in inte-rest,following exhaustion of his rights to appeal,fails to comply with the final orde~to repair~alter,improve, vacate,close,remove or demolish the dwelling, building or stru~ture,the appeals commission may diiect or cause such dwelling,building or structure to be repaired,altered,improved,vacated closed,removed or demolished in the same manner as provided in Section 16.20.020." 15 hereby REPEALED. Section 5.A new section is hereby added to Chapter 16.20 of the Marysville Municipal Code providing as follows: Appeal to Superior Court.Any person affected by an order issued by the Appeals Commission may, within thirty days after the posting and service of the order,petition to the Superior Court for an injunction restraining the City from carrying out the provisions of the order.In all such proceedings the Superior Court shall have authority to affirm,reverse or modify the City's order,and the S~per:i0r Court trial shall be heard de novo. Section .6,.".'A new section is hereby added to Chapter 16.20 of 'the ~ari~vil1e Municipal Code providing as follows: Fa i.Lur e to .Comply-.,Assessment of Costs. IT the ownGr or party,:i,n inte.rest,following exhaus.tion of his'rights.to appeal,fails to comply with the final order to repair,alter,improve, vacate,close,remoye or demolish the dwelling, building·~r strpctu~e,the City Council may direct and cause such dwellin~,building or structure to be repaired,altered,improved,vacated and closed, removed or.demolished ~y City 'employees or by City contract ..The amount of the cost of such repairs, alterations,imptovements or vacating and closing, or removal and demolition,shall be assessed ag~inst th~real property upon which such cost was incurred, unless such amount is previously paid.Upon certi- fication to him by the City Treasurer of the assessment amouri~being due and owing,the County ORD VJANCE/2 ..... Treasurer shall enter the amount of such assessment upon the tax rolls against the·property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at suc~rates and iri such manner as provided for in RCW 84.56.020,as now or hereafter amended,for·delinquent taxes,and when collected to be deposited to the credit of the general fund of the City of Marysville.If the dwelling,building or structure is removed or demolished by the City,the City shall,if possible, sell the materials of such dwelling,building or structure and credit the proceeds of such sale against the cost of the removal·or demolition,and if there be any balance remaining,it shall be paid to the parties entitled thereto,after deducting the c6sts incident thereto.The demolition assessment shall constitute a lien against the property of equal rank with State,Count~,and municipal taxes. The remedies and procedures provided for herein shall be cumulative with all·other remedies and procedures available to the City for the enforcement of compliance with·its ordinances. Section 7.Section 16.20.070 of the Marysville M~nicipal Code,establishing penalties for violation of Chapter 16.20 is hereby REPEALED. Section B.A new section is hereby added to Chapter 16.20 of the Marysv.il1e ~;funicipal Code providing as follows: Civil and Criminal Enforcement . .:.. .;, 1.'-Any dwelling ,.building or,structure which is found ~~r~uant to proced~res of this chapter to be a "dangerous building",and which is not repaired;>altbted,improved,vacated, closed,'removed,or -d emoLdshe d as required herein,i is he'r eby vdec La.red to be a public nuisance.The City shall have the authority to c6mmence·civil proc~edings for the abatement thereof,a~d t~enforce compliance with the orders entered pursuant to this chapter,in the Snohomish County Superior Court.The cost of such proceedings,including reasonable attorney's fees,shall be assessed against the property owners or other party in interest. 2.It is unlawful for any person to maintain a public nuisance,as d~fined above,or to wil- fully omit or refuse to comply with an order entered pursuant to this chapter to repair, alter,improve,vac~te,close,remove or demolish a lIdangerous building".Any person found.guilty of such criminal acts or omissions,by judgment of the Marysville Police Court,shall be ~unished by imposition of a fine not to exceed $300.00.Each day's violation shall constitute ORDINANCE!3 .. .' • a separate ~ffense punishable heretinder. PASSED by the City Council .andAPPROVED hy the Mayor thi s Iq~day of J anuary ,.1980... :Eza;;~.'''1 ATTEST:r -.~ .' c@l!:j EJC~:, APPROVED AS TO FOffi4: I .•' ~y~ ORDINANCE/4