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HomeMy WebLinkAbout2484 ORDINANCE NO. ~ AN ORDINANCE providing for the vacation, removal, repair, or demolition of any building or structure which is, or threatens to be, a public nuisance dangerous to the health, morals, safety, or general welfare of the people of the City of Bremerton or which might threaten to constitute a fire menace; and for the assessment of the cost of vacation, removal, or demolition thereof as a lien or assess- ment against such premises; and to provide for the recovery of such costs in an action at law; and imposing penalties for the violation thereof. THE CITY OF BREMERTON DOES ORDAIN: Section 1. That the Council of the City of Bremerton does hereby find that there exist in the City of Bremerton certain dwel- lings which are unfit for human habitation and buildings and structures which are unfit for other uses due to dilapidation, disrepair, struc- tural defects, defects increasing the hazards of fire, accident or other calamities, inadequate ventilation, uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Bremerton. Section 2. Ail buildings or structures which have any or all of the following defects shall be deemed "dangerous buildings": (a) Those whose interior walls or other vertical struc- tural members list, lean or buckle to such an extent that a plumb line passing 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 supporting member or members, or fifty per centum (50%)of damage or deterioration of the non-supporting enclosing or outside walls or cover lng. (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 Bremerton. (e) Those which have become or are so dilapidated or decayed or unsafe or insanitary, or which so utterly fail to pro- vide the amenities essential to decent living that they are unfi~ for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein. (f) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein. (g) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, ele- vators, 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 their condition are unsafe or insanitary, or dangerous to the health, morals, safety, or general welfare of the people of this City. Section 3. STANDARDS FOR REPAIR, VACATION, OR DEMOLI- TION. The following standards shall be followed in substance by the Commissioner of Public Works and Utilities and the Dangerous Building Appeals Commission in ordering repair, vacation, or demoli- tion of said building: (a) If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be ordered repaired by the Cc~missioner of Public Works and Utilities or the Dangerous Building Appeals Commission. (b) If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated by the Commis- sioner of Public Works and Utilities or the Dangerous Building Appeals Commission. (~ 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 the purposes of general taxation. (d) If the "dangerous building" cannot be repaired so that it will no longer exist in violation of the terms of this ordinance, it shall be demolished. (e) If the "dangerous building" is a fire hazard existing or erected in violation of the terms of this ordinance or any ordin- ance of the 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 4. NUISANCE DECLARED. All "dangerous buildings" within the terms of Section 2 are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as herein- before and hereinafter provided. Section 5. THE DUTIES OF THE COMMISSIONER OF PUBLIC WORKS AND UTILITIES (hereinafter 'referred to as Commissioner). The C~issioner and/or his authorized representative shall: (a) Inspect or cause to be inspected all buildings inclu- ding, but not necessarily limited to, schools, halls, churches, theaters, hotels, all family, commercial, manufacturing or loft buildings which may be brought t° his attention by the Fire Chief or any one 'of his duly authorized representatives, the Police Chief or any one of his duly authorized representatives, the City ~ealth Officer or any one of his duly authorized representatives, fo~ the purpose of determining whether any conditions exist which re,er such places a "dangerous building" within the terms of Section 9_. (b) InSpect any building, wall, or structure about which co~plaints are filed by'"~ny person to the effect that a building, wall, or structure is, or may ~e, existing in violation of this ordinance. (c) Post in a conspicuous place on such pro~erty a copy of the complaint setting forth the information required under Sec- tion 6 of this ordinance. (d) Appear at all hearings conducted by the Dangerous. Building Appeals Co~mission. and' testify as to the conditions of the "dangerous buildings." (e) Hold a hearing at the time and place specified in the complaint, 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., and if after the said hearing he shall determine that said structure is, in fact, a "dangerous build- ing,'' he shall reduce to writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest, in the manner provided herein for the serving of the c~nplaint, an order which required the owner or party in interest, within the time specified in th® order, to repair, alter, or improve such dwelling, building, or structure to render it fit for human habitation or other use, or to vacate and close the dwelling, building, or structure if such course of action is deemed proper, or require the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, or struc- ture, and if no appeal is filed in the manner hereinafter provided, he shall file a copy of such order with the Auditor of Kitsap County. (f) The Commissioner ~7~r his authoPized ueQresentative shall be empowePed to enteP any buildin~ fop the DuPpose of makin~ an insDection thereof when he has ~easonable ~ounds to believe that the condition of said buildinE violates the tePms of this oPdinance and any Demson who in any manneP whatsoeveP shall impede oP intePfe~e with the CommissioneP and/oP his authoPized PepPesentative os mefuse him admittance to any buildin~ shall be ~uilty of violatin~ the te~ms and conditions hePeof and shall be subject' to the penalties he~einafte~ provided~ -- ~ Section 6. COMPLAINT BY COMMISSIONER. The complaint issued by the Commissioner must be in writing and shall be se~t either by registered mail or served personally upon all persons having any interest in and to said property, as shown by the records of the Kitsap County Auditor, of any building or structure found by the C~iss£oner to ~e a "dangerous building" within the standards set ~orth in Section 2, provided that if the whereabouts of such -3- ,perso~s ..are ..-~unknown and ~ the same. cannot be ascertained 'by 'the Com- mi~sioner in.the exercise of reBsonable diligence and the Co~nissioner sha'll m~ke ~an ~af~idavit to.that effect, the. said complaint shall be ..served ~y~publishing the same once each week for two consecutive weeks~.in a newspaper published in't.he'City of Bremerton. Said com- ..p.laint mhall .contain, among other things, the ~followi~ in'fOWma~ion vided hereinabove. (b) Street address and. legal description of the property on which said 'building is located. it) ,.Genera~l .descr.iption of type of 'bu'i:lding, wal:l, ~S~ruct~e-dee~ed unsafe. : :'(~) A complete ~temized statement or list Of particu'lars which caused the .building, wall, or structure .to be a "dangeroUS -'building" as de.f-ined ~n Section 2 ~of ·this ordi'nance. (e,) Whether or 'not s-aid building should be Vacated :its ~o~c~pants, and the date of such vacation. (f) 'Whether or not the 'statement or list 'of p~tic~lars, as pr.ovided for .~n paragraph (.d) ~bove, can be .removed or repaired. (g) Whether or not the sa~d build.lng constitutes a f~re menace. '(h) ~hether or not it is uruceasonable to repair the said building and whether or not the said building should be demolished. (~) A notice· that a hearing shall be held before the Com- missioner at the City Hall, .Bremerton, Kitsap County, WashingtOn, RoOm No. , not less than ten days nor more than thirty days after serving of such complaint, or in the event of p~blication or posting, not less than fifteen days nor-more than thirty days frOm the. date of the first publication an~ posting, and that alt parties in interest shall be given the right to file an answer to the cOmplaint, to appear in person or otherwise, and to give teSti- mony at the t~me and place fixed in said complaint. (j) That a copy of such complaint Shall a~so be filed with the Auditor of Kitsap County, which filing shall have the same force and effect as other lis pendens notices provided by law. Section 7. APP~'~ALS COMMISSION. There is hereby created and established an appeals commission to be known and designated as the'. "D&~gerous Build.~n~ Appeals Commission of the City of Bremerton" (sometimes. called herein the "Commission"), Which shall consist of five members to be appointed by the Mayor and the City Council, one of whom shall be elected' by said members to serve in the capacit~ o.f chairman.. Said. members shall be appointed for a term of. three' years;· provided, however, that of the members first appointed one member shall be appoin~ed for a term of one year, two members for a' term of two years, and two members for a term of three years. Thereafter ali such appointments shall be for a term of three years. In the event of the death, resignation, or ~removal of any member of .said Commission, the Mayor and the City Council shall appoint a successor to serve his unexpired term, which appointment shal:l be made in the manner herein provided. Any !member of the Commission shall be eligible for reappointment. The members of said COm~ission shall serve without comp.ensation. The City of Bremerton sha.~l ~.~nish to said Commission such clerical help as may be r equir ed. Section 8. DUTIES OF DA~GEROUS BUILDING APPEALS COMMISSION. The Com~...ission shall: (a) Upon receipt of a notice of appeal from the decision and order of the ~ommissioner filed by the owner or party in interest .within .thirty days from the date of the service of said decision or .order, the Commission shall entertain such appeal, conduct a hearing thereon, as provided, in Subsections(b) hereof, or upon receipt~Of a request in writing from the Commissioner to review his decision, the Commission shall entertain such request and conduct a hea~'ing "as her ein Pr ovid ed. (b) Hold a hearing to hear such testimony as may be pre- sented by any department of the City of Bremerton or the owner, Occupant, mortgagee, lessee, or ..any other .person having an interest in said ..building., as shown by the records of t-he Kitsap County Auditor, with relation to the "dangerous building." ~(~) Make written findings of fact within si~y days from the date of hearing from the tes:timony .offered pUrsuant ~to S%~bsec- tion {~) as. to ,whether or not _the building in question is a "dangerous · ~building" within the terms of Section 2 of this ordinance. (d) Issue an order based upon the findings of fact ma~e pursuant to Subsection (c). (e) If the owner or party in interest fails to comply with the order issued by either the Dangerous Building Appeals Cor~niSsion, or in the event no appeal is filed with the order of the Commissioner, then and in that event, either the Commission or the Commissioner of Public Works and Utilities, as the case may be, may direct or cause such dwelling, building., or structure to be repaired, altered, improved, vacated, closed, removed, or demolished as the facts may warrant under the standards hereinabove provi4ed for in Section 2, and the costs of' such repair, vacation, or demoli- tion shall be assessed against the real property upon which such costs were incurred, unless such amount is previously paid. The City Treasurer shall determine the amount of the assessment due and owing and shall certify the same to the County Treasur,er, who shall enter the ~aount of such assessment upon the tax rolls against the property, all in the manner provided by law and particularly Chapter 82 of the Laws of 1959. (f) Report to the City attorney the names of all persons not complying with the order provided for in Subsection ~d). Section 9. DUTIES OF T~ CI%~ ATTORNEY:- (a) Prosecute all persons failing to comply with the terms of the notices provided for herein in Section 6 and the order provided, for in' Section 8, Subsection (d). --~-- (b) Appear when requested to do so at hearings before the Dangerous Building Appeals Commission in regard to "dangerous buildings." (c) Bring suit to collect costs incurred by the Commis- sioner or Commission in repairing or causing to be vacated or demolished said "dangerous buildingS" not provided for: in the lien or assessment against said property. sectio lo.'" The [*ire Chief, Police Chief, and the City Health Officer shall make a report in writing to the Commissioner of all buildings or structures which are, may be, or Suspected' to be "dangerous~ buildings" within the purview of this chapter. Such written re~o'.rts, among loth,er things, sh~ll contain the information provided for in paraqraphs through (h) of Section 5 of .this ordinance. . .. Section 11. EMERGENCY CASES. In cases where it. reasonably appears t~t there iS ~mmediate danger to the life or safe~y Of any pekb~n unless a "dangerous bUilding" as defined herein is immediately repaired, Vacated, or demolished, the Co-mmisS~oner shall Uause the im~ediate repair, vacation, or demolition of such "dangerous building." The costs of such emergency repair, vacation, or demolition of such "dangerous building" shall be collected in the same manner as pro- vided in this ordinance. Section 12. ADMINISTRATIVE LIABILITY. No officer, agent, or employee of the City of Breath-ton c~ l rond.~ h~mself i>e~a~ally liable for any damage that may occur to persons or property as the result of any action required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent, or employee of the City of Bremerton as a result of any action required or permitted in the discharge of his duties under this ordinm~ eh~ll be defended by the City Attorney until the final determination of the proceedings therein. Section 13. ACT NOT EXCLUSIVE. Nothing in this ordin- ance shall be construed to abrogate or impair the power of the City of Bremert'on or any department thereof to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and any powers conferred by this ordin- ance shall be in addition to and 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 of Bremerton to define and declare nuisances and to cause their removal or abatement by sum- mary proceedings or in any other manner provided by law. Section 14. VIOLATIONS AND PENALTIES. Every person vio- lating 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 days, or by both such fine and imprisonment; and each day's violation shall constitute a separate offence punishable under this ordinance. Section 15. If any provisions of this ordinance or its application to any person or circumstance is held invalid, the -6- remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected. APPROVED on first reading this ~/~ day o~,,~,~..L~-;f 196~ PASSED by the City Council of the City of Bremerton, signed by the Mayor and ~ttested by the City Clerk in authentication of such passage this.~"~day of ~L~cu,.~? 196~ H. O. DOMSTAD, Mayor ATTEST: