HomeMy WebLinkAbout5346ORDINANCE NO. 5346
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, creating a new chapter of the Bremerton
Municipal Code, Chapter 6.12 entitled "Unfit Dwellings,
Buildings, Structures, and Premises" and amending Sections
2.62.045 and 1.04.120 relating to dangerous and unfit structures.
WHEREAS the City Council finds that there are within the City of Bremerton
dwellings which are unfit for human habitation and buildings, structures, and premises or
portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects,
unpermitted and substandard construction or modification, filth and other conditions attracting
insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or
other calamities, or other similar conditions and violations of various building, health, and safety
regulations, and/or which are unsecured; and
WHEREAS such dwellings, buildings, structures, and premises are dangerous to
occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and
criminals, offend public values, lower the value of neighboring properties, contribute to
neighborhood or community deterioration, and hamper community and economic development;
and
WHEREAS owners of such properties are often unwilling or unable to correct
such conditions; and
WHEREAS it is in the interest of the community for the City to intervene and
correct, repair, or remove such dwellings, buildings, structures, premises and conditions in a
timely manner; and
WHEREAS, for several years members of the community and members of the
City Council have, on behalf of themselves and other individuals, and the City of Bremerton as a
whole, shared urgent concerns regarding conservation and improvement of the quality of life in
neighborhoods throughout the City of Bremerton and detrimental effects on public health, safety
and welfare stemming from unkempt, deteriorating and abandoned dwellings, buildings,
structures and premises at various locations within the City; and
WHEREAS, Chapter 35.80 RCW authorizes cities where conditions like those
described above exist to adopt ordinances that would enable such cities to address such
conditions fairly, effectively and with substantial assurance that costs incurred by the City to
abate such conditions could be recovered; and
WHEREAS, the provisions stated below conform to the authority granted by
chapter 35.80 RCW; and
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WHEREAS, neighbors and neighborhoods are entitled to prompt abatement of
conditions which violate the City's property maintenance codes; and
WHEREAS, it is in the best interests of the City to implement the process and
acquire the powers authorized by chapter 35.80 RCW to address conditions which render
dwellings, buildings, structures, and premises in the City unfit for human habitation and other
uses; and
WHEREAS the State of Washington finds that these are purposes for which
public money may be expended and authorizes local governments to adopt certain specific
regulations for the purpose of abating such dwellings, buildings, structures, premises, and
conditions, expending public funds to do so, and recovering such funds through various means;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION]. A new chapter, Chapter 6.12 entitled " Unfit Dwellings, Buildings,
Structures and Premises" is hereby created and added to the Bremerton Municipal Code to read
as follows:
CHAPTER 6.12
UNFIT DWELLINGS, BUILDINGS, STRUCTURES, AND PREMISES
6.12.010 PURPOSE — FINDINGS.
(a) Pursuant to Chapter 35.80 of the Revised Code of Washington (RCW),
incorporated herein by this reference, as currently enacted and hereinafter amended, the City
Council finds that there are within the City of Bremerton, dwellings which are unfit for human
habitation and buildings, structures, and premises or portions thereof which are unfit for other
uses due to dilapidation, disrepair, structural defects, unpermitted and substandard construction
or modification, filth and other conditions attracting insects or vermin or likely to spread disease,
defects increasing the hazards of fire, accidents, or other calamities, or other similar conditions
and violations of various building, health, and safety regulations, and/or which are vacant,
unsecured, and abandoned or apparently abandoned.
(b) Such dwellings, buildings, structures, and premises are dangerous to occupants,
threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend
public values, lower the value of neighboring properties, contribute to neighborhood or
community deterioration, and hamper community and economic development.
(c) When the owners or other persons in possession or control of such properties are
unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest
of the community for the City to intervene and correct, repair, or remove such dwellings,
buildings, structures, premises and conditions and to pursue all legal means to recover from such
persons and/or properties the costs of doing so, including the costs of staff salaries and benefits,
materials, contractors, and all other legally recoverable costs and expenses.
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6.12.020 DEFINITIONS.
As used in this chapter, unless a different meaning is plainly required:
(a) "Abate" means to repair, replace, remove, destroy or otherwise remedy a
condition that constitutes a civil violation by such means, in such manner, and to such an extent
to put an end to, or otherwise diminish the intensity of, any condition causing a structure to be
dangerous or unfit as the Code Enforcement Officer or the Administrative Hearing Examiner
determines is necessary in the interest of the general health, safety and welfare of the
community.
(b) "Act" means doing or performing something.
(c) "Administrative Hearing Examiner" means the Administrative Hearing Examiner
established pursuant to Chapter 2.13 of the Bremerton Municipal Code which shall serve as the
board as defined in and pursuant to Chapter 35.80 RCW.
(d) "Building" means any permanent or temporary structure enclosed within exterior
walls and a roof, and shall include a dwelling as applicable.
(e) "City" means City of Bremerton.
(f) "Code Enforcement Officer" means public officer as defined in RCW
35.80.020(4) and includes any person or persons authorized by statute, ordinance, regulation,
written City policy, or interlocal agreement, or designated by the Mayor or his or her designee, to
enforce any of the regulations subject to the enforcement provisions of this chapter, and shall
expressly include the City's Code Enforcement Officers; the City Attorney, or his or her
designee; the Chief of the Bremerton Police Department, or his or her designee; the Director of
the Department of Community Development, or his or her designee; the Director of the
Department of Public Works and Utilities, or his or her designee; building inspectors;
construction inspectors; the Chief of the Bremerton Fire Department, or his or her designee; Fire
Code Official, and fire inspectors. For the purpose of RCW 35.80.020(4), Code Enforcement
Officer shall also mean Administrative Hearing Examiner as applicable for the duties set forth in
this chapter for the Administrative Hearing Examiner.
(g) "Complaint" means a written statement, issued by a Code Enforcement Officer,
pursuant to RCW 35.80.030.
(h) "Costs of abatement" means the costs of any abatement action taken by the City to
abate the violation using lawful means in the event that the person responsible for the violation
fails so to do. The term includes incidental expenses including, but not limited to, personnel
costs, both direct and indirect and including attorney's fees; costs incurred in documenting the
violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in
preparing notices, specifications and contracts, and in accomplishing and/or contracting and
inspecting the work; the costs of any required printing and mailing; and costs of enforcement.
(i) "Costs" or "costs of enforcement" means costs incurred related to enforcement
under this chapter, including but not limited to costs of service of notice, costs of the hearing,
administrative costs established by resolution for enforcement of garbage and refuse and
nuisance vegetation violations, as well as other administrative costs.
0) "Day" or "days," as used in this chapter, shall mean calendar days unless
expressly stated otherwise in a given section or subsection. In addition, any portion of a twenty-
four (24) hour day shall constitute a full calendar day.
(k) "Dwelling" shall mean or include any building or structure developed or utilized
for human habitation.
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(1) " Municipal Court Hearing Examiner" means the Municipal Court Hearing
Examiner established pursuant to Chapter 2.62 of the Bremerton Municipal Code which shall
serve as the appeals commission as defined in and pursuant to Chapter 35.80 RCW.
(m) "Omission" means a failure to act.
(n) "Owner" shall mean the owner or taxpayer shown in the records of the Kitsap
County Assessor -Treasurer, recorded with the Kitsap County Auditor, or as otherwise known to
the City of Bremerton, and shall include any manager or other representative of the owner, or
other person with responsibility for or control over the structure or premises.
(o) 'Person" means any individual, firm, association, partnership, corporation or any
entity, public or private.
(p) 'Person responsible for the violation" or "person who violates" means, unless
otherwise defined, any person who has titled ownership of the property or structure which is
subject to the regulation, an occupant in control of the property or structure which is subject to
the regulation, a developer, builder, or business operator or owner who is developing, building,
or operating a business on the property or in a structure which is subject to the regulation and/or
any person who created the violation or any person who has control over the property and allows
the violation to continue.
(q) 'Property" or "premises" means any building, lot, parcel, real estate or land or
portion of land whether improved or unimproved, including adjacent sidewalks, public rights -of -
way, and parking strips and any lake, river, stream, drainage way or wetland.
(r) "Public Officer" means public officer as defined in RCW 35.80.020(4) and
includes the Code Enforcement Officer and the Administrative Hearing Examiner as defined in
this section.
(s) 'Regulation" means and includes the following, as now enacted or hereafter
amended:
(1) All Bremerton Municipal Code provisions making reference to this
chapter;
(2) All standards, regulations and procedures adopted by the City that make
reference to this chapter; and
(3) The terms and conditions of any permit or approval issued by the City, or
any concomitant agreement with the City, pursuant to code provisions that make reference to this
chapter.
(t) "Structure" shall mean or include that which is built or constructed or a portion
thereof and shall include a building or dwelling as applicable.
(u) "Violation" or "civil violation" means an act or omission contrary to a regulation
as defined in subsection (q) of this section. A violation continues to exist until abated to the
satisfaction of the City, with each day or portion thereof in which the violation continues
constituting a separate violation.
6.12.030 AUTHORITY OF PUBLIC OFFICER
As defined in Section 6.12.020 above, the Public Officer, as used in this chapter, includes
the Code Enforcement Officer and the Administrative Hearing Examiner as applicable, also as
defined in Section 6.12.020 above. The Public Officer is hereby authorized to exercise such
powers as may be necessary or convenient to carry out and effectuate the purposes and
provisions of this Chapter. These powers shall include the following in addition to others granted
in this Chapter:
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(a) To determine; (i) which dwellings are unfit for human habitation; and/or (ii)
which buildings, structures, or premises are unfit for other use;
(b) To administer oaths and affirmations, examine witnesses, and receive evidence;
and
(c) To investigate the dwelling and other property conditions and to enter upon
premises for the purpose of making examinations when the Code Enforcement Officer has
reasonable ground for believing they are unfit for human habitation, or for other use,
PROVIDED, that such entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession, and to obtain an order for this purpose after
submitting evidence in support of an application which is adequate to justify such an order from
a court of competent jurisdiction in the event entry is denied or resisted;
PROVIDED FURTHER that the Public Officer may recognize and give appropriate
effect to special and extenuating circumstances which, in order to do substantial justice, warrant
the exercise of discretion to adjust the timeframes, standards and other provisions of this chapter.
Examples of circumstances which may warrant such exercise of discretion include, without
limitation, medical illness or disability affecting a property owner's ability to respond to orders
or appear at hearings and bona fide insurance coverage disputes which create a definite risk that
enforcement of this chapter would unfairly result in a substantial economic loss to the property
owner.
6.12.040 CRITERIA FOR UNFIT OR DANGEROUS DWELLINGS,
BUILDINGS, STRUCTURES, AND PREMISES.
The Code Enforcement Officer may determine that a structure is dangerous or unfit for
human habitation or other use if he/she finds that conditions exist in such structure which are
dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the
occupants of neighboring structures, or other residents of the City. Such conditions may include
the following, without limitations:
(a) Any door, aisle, passageway, stairway, or other means of exit is too narrow or
small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of
panic, fire, or other emergency.
(b) The walking surface of any aisle, passageway, stairway, or other means of exit is
so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not
provide safe and adequate means of exit in case of panic, fire, or other emergency.
(c) The stress in any materials, member, or portion thereof, due to dead and live
loads, is more than one and one-half times the working stress or stresses allowed in the Building
Code, Chapter 17.04 BMC for new buildings of similar structure, purpose, or location.
(d) Any portion has been damaged by fire, earthquake, wind, flood, deterioration,
neglect, or any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such damage or deterioration and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or location.
(e) Any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons, damage property, or render
other portions of the structure or premises unsafe or unfit to occupy.
(f) Any portion of a building, or any member, appurtenance, or ornamentation on the
exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or
fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the
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Building Code for new buildings of similar structure, purpose, or location without exceeding the
working stresses permitted in the Building Code for such buildings.
(g) Any portion thereof is wracked, warped, buckled, settled, or other conditions
exist, such that walls or other structural portions have materially less resistance to wind,
earthquakes, snow, or other loads, than is required in the case of similar new construction.
(h) The building or structure, or any portion thereof, because of (i) dilapidation,
deterioration, or decay; (ii) faulty construction; (iii) the removal, movement, or instability of any
portion of the ground necessary for the purpose of supporting such building; (iv) the
deterioration, decay, or inadequacy of its foundation; or (v) any other cause, is likely to partially
or completely collapse.
(i) For any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used or is designed and intended to be used.
0) The exterior walls or other vertical structural members list, lean, or buckle to such
an extent that a plumb line passing through the center of gravity does not fall within the middle
one-third of the base.
(k) The building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or deterioration
of its non -supporting members, enclosing or outside walls or coverings.
(1) Any structure or premises that is damaged by fire, wind, earthquake, flood, or any
other cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently
abandoned and not thoroughly and adequately secured against unauthorized entry, so as to (i) be
an attractive nuisance to children; (ii) attract and/or provide harborage for vagrants, criminals, or
immoral persons; or (iii) enable persons to resort thereto and commit unlawful, immoral, or
dangerous acts.
(m) Any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or structure
provided by the building regulations of this jurisdiction, as specified in the Building Code,
Chapter 17.04 BMC or of any other law of this State or ordinance of the City relating to the
condition, location, or structure of buildings.
(n) Any building or structure, which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non -supporting part, member, or portion less than
50% or in any supporting part, member, or portion less than 66% of the (i) strength, (ii) fire -
resisting qualities or characteristics, or (iii) weather -resisting qualities or characteristics required
by law for newly -constructed buildings of like area, height, and occupancy in the same location.
(o) Any structure or premises which, because of. neglect, dilapidation, decay,
damage, or faulty construction; inadequate light, air, or sanitation facilities; infestation of
rodents, roaches, wood -destroying organisms, or other vectors of disease; filth or accumulation
of garbage; or for any other reason, is unsanitary, unfit for human habitation or occupancy, or in
such a condition that is likely to cause sickness or disease.
(p) A structure or premises, because of obsolescence, deterioration, damage, lack of
sufficient or proper fire -resistive construction or fire -protection systems, faulty electric wiring or
components, gas connections, or mechanical systems, or other cause, is determined by the Fire
Marshal to be a fire hazard.
(q) Equipment or systems which are unsafe due to damage, deterioration, faulty or
inadequate maintenance or construction, or any other reason.
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(r) Any portion of a structure remaining on a site after the demolition or destruction
of the structure or any structure abandoned so as to constitute such structure or portion thereof an
attractive nuisance or hazard to the public.
(s) Any building or structure in such a condition as to constitute a public nuisance
known to the common law or in equity jurisprudence.
(t) Any other condition the Building Official or other official or expert can articulate
that renders the structure unsafe or unfit for habitation or occupancy.
6.12.050 INSPECTION AND COMPLAINT.
(a) Complaint and Service. If, after a preliminary investigation of any dwelling,
building, structure, or premises, the Code Enforcement Officer finds that it is dangerous or unfit
for human habitation or other use, he/she shall cause to be served either personally or by certified
mail, with return receipt requested, upon all persons having any interest therein, as shown upon
the records of the Kitsap County Auditor, and shall post in a conspicuous place on such property,
a complaint stating in what respects such dwelling, building, structure, or premises is unfit for
human habitation or other use. If the whereabouts of any of such persons is unknown and the
same cannot be ascertained by the Code Enforcement Officer in the exercise of reasonable
diligence, and the Code Enforcement Officer makes an affidavit to that effect, then the serving of
such complaint or order upon such persons may be made either by personal service or by mailing
a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to
each such person at the address of the building involved in the proceedings, and mailing a copy
of the complaint and order by first class mail to any address of each such person in the records of
the Kitsap County Treasurer -Assessor or Auditor.
(b) Notice of Hearing.Such complaint shall contain a notice that a hearing will be
held before the Administrative Hearing Examiner, at a place therein fixed, not less than ten days
nor more than thirty days after the serving of the complaint; and that 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 at the time and place in the complaint. The rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the Administrative Hearing Examiner.
(c) Filing of Complaint. A copy of such complaint shall also be filed with the Kitsap
County Auditor and such filing of the complaint or order shall have the same force and effect as
other lis pendens notices provided by law.
6.12.060 FINDINGS AND ORDER.
(a) Findings. The Administrative Hearing Examiner may determine that a dwelling,
building, structure, or premises is unfit for human habitation or other use if it finds that
conditions exist in such dwelling, building, structure, or premises which are dangerous or
injurious to the health or safety of the occupants of such dwelling, building, structure, or
premises, the occupants of neighboring dwellings, or other residents of such municipality. Such
conditions may include the following, without limitations: Defects therein increasing the hazards
of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair,
structural defects, uncleanliness, overcrowding, or inadequate drainage based on City Building
Code, Fire Code and other applicable City codes.
(b) Order and Service. If, after the required hearing, the Administrative Hearing
Examiner determines that the dwelling is dangerous or unfit for human habitation, or building or
structure or premises is unfit for other appropriate use, he/she shall state in writing his/her
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findings of fact in support of such determination, and shall issue and cause to be served upon the
owners and parties in interest thereof, as provided in BMC 6.12.050, and shall post in a
conspicuous place on the property, an order that (i) requires the owners and parties in interest,
within the time specified in the order, to repair, alter, or improve such dwelling, building,
structure, or premises to render it fit for human habitation, or for other appropriate use, or to
vacate and close the dwelling, building, structure, or premises, if such course of action is deemed
proper on the basis of the standards set forth in 6.12.040 above; or (ii) requires the owners and
parties in interest, within the time specified in the order, to remove or demolish such dwelling,
building, structure, or premises, if this course of action is deemed proper on the basis of those
standards. If no appeal is filed, a copy of such order shall be filed with the Kitsap County
Auditor.
(c) Demolition of Structure. In ordering the required course of action to be taken by
the owner to abate the unfit or dangerous structure, the Administrative Hearing Examiner may
order the structure or a portion thereof demolished and not repaired under the following
circumstances:
(1) The structure is patently illegal with regard to building, zoning, or other
regulations;
(2) The estimated cost to repair the structure or portion thereof is more than
50% of the value of the structure or portion thereof, or
(3) The estimated cost to repair the structure or portion thereof is less than
50% of the value and repairing and/or securing the structure from entry would, nevertheless,
cause or allow the structure to remain a hazard or public nuisance, continue a non -conforming
use, or otherwise be an unreasonable use of public funds.
(d) Value of Structure. The value of the structure shall be as determined by the
Kitsap County Assessor -Treasurer. In estimating the cost of repairing the structure, the
Administrative Hearing Examiner may rely upon such cost estimating publication or method the
Building Official deems appropriate.
6.12.070 APPEALS.
(a) Municipal Court Hearing Examiner. Within thirty (30) days from the date of
service upon the owner and posting of the decision issued by the Administrative Hearing
Examiner under BMC 6.12.060 above, the owner or any party in interest may file an appeal with
the Municipal Court Hearing Examiner, serving as the appeals commission pursuant to RCW
35.80.030. Appeals shall be filed pursuant to RCW 35.80.030(g).
(b) Order. Absent an injunction issued by a court of competent jurisdiction, in
accordance with RCW 35.80.030(2), within thirty (30) days after posting and service of the
Municipal Court Hearing Examiner's Order, the decision of the Municipal Hearing Examiner
shall be final. The findings and orders of the Municipal Court Hearing Examiner shall be
reported in the same manner and shall bear the same legal consequences as if issued by the
Administrative Hearing Examiner.
(c) Superior Court. An appeal of the decision of the Municipal Court Hearing
Examiner pursuant to Subsection (b) above must be filed with the Superior Court within thirty
(30) calendar days of the issuance of the decision.
(d) Service. Service shall be deemed complete when the Administrative Hearing
Examiner hearing or Municipal Court Hearing Examiner, or his or her assistant, hands any order,
ruling, decision, or other document to a person prior to, during, or after a hearing or sends by
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certified mail, with return receipt requested, any order, ruling, decision, or other document to a
person having an interest therein.
6.12.080 ENFORCEMENT OF ORDER.
(a) If the owners or parties in interest, following exhaustion of his or her rights to
appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove, or
demolish the dwelling, building, structure, or premises, the Code Enforcement Officer may direct
or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated
and closed, removed, or demolished.
(b) In the enforcement of this section, the Code Enforcement Officer is authorized to
enter the structure and/or premises for inspection, testing, sampling, or other purposes
preparatory to and in the conduct of the repairs, demolition, or other actions, to hire contractors
as necessary to perform the work, and to spend public funds to complete the work.
6.12.090 SALE OR DISPOSAL OF MATERIALS AND CONTENTS.
If the dwelling, building, structure, or premises is removed or demolished by the Code
Enforcement Officer, the Code Enforcement Officer shall, if possible, sell the materials of such
dwelling, building, structure, or premises in accordance with procedures set forth in BMC
2.76.150, BMC 2.78.010 and other applicable laws and policies and shall 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, as determined by the Code Enforcement Officer, after
deducting the costs incident thereto.
6.12.100 RECOVERY OF COSTS AND EXPENSES.
(a) Costs of Abatement. The amount of the cost of such repairs, alterations or
improvements; or vacating and closing; or removal or demolition by the Code Enforcement
Officer, shall be assessed against the real property upon which such cost was incurred unless
such amount is previously paid.
(b) Related Costs. For purposes of this section, the cost of vacating and closing shall
include all reasonable expenses, including but not limited to, the costs of staff time, materials,
incidentals, mailing, publishing, and recording notices.
(c) Certification and Final Order. Upon certification by the City Treasurer of the
assessment amount being due and owing, the Code Enforcement Officer will send a notice to the
property owner requesting payment and scheduling a hearing in front of the Administrative
Hearing Examiner to sign a final order certifying the assessment amount due and owing that
would be sent to the Assessor. The final order is not appealable to the Municipal Court Hearing
Examiner.
(d) Assessment on Property. If unpaid, the final order certifying the assessment
amount due and owing shall be sent to the County Assessor/Treasurer to 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 such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and
when collected to be deposited to the abatement fund of the City.
(e) Lien. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute
a lien against the property of equal rank with state, county, and municipal taxes.
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6.12.110 PERMITS AND REGULATIONS.
All repairs, improvements, maintenance, or other work, performed in relation to any
enforcement under this code shall be performed and completed in compliance with all permitting
and other requirements of all applicable codes and regulations. The owner shall be responsible
for identifying and complying with all applicable codes and regulations.
6.12.120 REMEDIES NOT EXCLUSIVE.
(a) This section does not abrogate or impair the powers of the courts or of any
department of the City to enforce any provisions of its charter or its ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred by this section shall be in
addition and supplemental to the powers conferred by any other law.
(b) This section does not impair or limit in any way the power of the City to define
and declare nuisances and to cause their removal or abatement, by summary proceedings or
otherwise.
ACTION 2. Section 2.62.045 of the Bremerton Municipal Code entitled
"Municipal Court Hearing Examiner — Procedure — Appeal" is hereby amended to read as
follows:
2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE -
APPEAL.
(a) The Municipal Court Hearing Examiner shall have jurisdiction to receive, he
and rule on complaints referred under the City's Code of Ethics, Chapter 2.96 BMC. All
references to Hearing Examiner in Chapter 2.96 BMC shall mean Municipal Court Hearing
Examiner.
(b) The Municipal Court Hearing Examiner shall also have jurisdiction and to
receive, hear and rule on appeals of administrative decisions specified in the following chapters
of the Bremerton Municipal Code:
(1) Animals; Chapter 7.12, Dangerous Animals, and Chapter 7.16 BMC,
Miscellaneous Provisions,
(2) Traffic; Chapter 10.10 BMC, Parking Code, and Chapter 10.20 BMC,
Commute Trip Reduction Plan,
(3) Nuisance Properties; Chapter 6.12 BMC, Unfit Dwellings, Buildings and
Structures.
In addition to the chapters identified above, the Municipal Court Hearing Examiner shall
have jurisdiction to hear and rule on other matters as may be designated by the Bremerton
Municipal Code.
(c) For appeals from a final decision of the Administrative Hearing Examiner issued
under Chapter 6.12 BMC, the Municipal Court Hearing Examiner shall have jurisdiction to
receive and rule on appeals pursuant to the time period and procedures for appeals set forth in
Chapter 6.12 BMC.
(d)For all other appeals, the Municipal Court Hearing Examiner shall have
jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions
after a written complaint has been denied by the Department Director or designee. Appeals to the
Municipal Court Hearing Examiner from any final administrative decision covered by the
provisions of this chapter shall be made within seven (7) working days, unless a different appeal
period is specifically provided for in the Bremerton Municipal Code relating to the appeal, from
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the date of appellant's notification of the decision. Date of mailing shall be considered date of
notification. Appeals shall include the appellant's name, address and telephone number, the
written decision being appealed and the municipal code section establishing the appeal.
(e) Appeals shall be accompanied by a filing fee, pursuant to Chapter 3.01 BMC,
which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall
adopt rules for scheduling and conduct of administrative hearings.
f1 Unless otherwise provided by State law or the Bremerton Municipal Code,
enforcement of the administrative decision being appealed to the Municipal Court Hearing
Examiner shall be stayed during the pendency of an appeal which has been properly and timely
filed, provided there is not imminent threat to the public's safety and welfare.
WThe Municipal Court Hearing Examiner's decision shall be final and conclusive
unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court
within thirty (30) days. Procedures of this section including filing fee and appeal of the
Municipal Court Hearing Examiner's decision shall apply unless different procedures are
specified in the ordinance establishing the administrative appeal.
IRMW
•
SECTION 3, Section 1.04.120 of the Bremerton Municipal Code entitled "Costs
of Abatement - Lien" is hereby amended to read as follows:
1.04.120 COSTS OF ABATEMENT - LIEN.
(a) Costs of Abatement. The costs and incidental expenses of any abatement action
taken by the City as defined in BMC 1.04.020(g), including costs of enforcement set forth in
BMC l .04.020(h), shall become a charge to the person responsible for the violation. These
charges may be assessed against the person responsible for the violation or the property upon
which the violation occurred. Costs of abatement must be paid to the City within ten (10)
calendar days from the date of mailing of notice from the City that the costs are due. The City
may use any lawful means to collect charges, including but not limited to those set forth in BMC
1.04.130. The City Attorney, or his or her designee, is authorized to take legal action to collect
the costs of any abatement. All such costs and expenses shall constitute a lien against the
affected property, as set forth in subsection (b) of this section.
(b) Lien - Authorized.
1. Account of Expense. The code enforcement officer shall keep an itemized
account of expense incurred for the cost of abatement of property. Upon completion of the work,
the code enforcement officer shall prepare and file with the City Clerk a report specifying the
work done, the itemized total cost of the work, including administrative charge, a description of
the property abated, and the name and addresses of the owner or agent, and occupant or tenant if
known.
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Structures & Premises
2. Report Transmitted to Council. Upon receipt of the report, the City Clerk
shall present it to Council for consideration. The Council shall fix a time, date and place for
hearing the report and any protests or objections thereto. The City Clerk shall cause notice of
said hearing to be posted upon the property involved, and served by certified mail, postage
prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known. If the
tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the
residence subject to the abatement. Such notice will be given at least ten (10) days prior to the
date set for hearing and shall specify the date, hour and place when the Council will hear and
pass upon the code enforcement officer report, together with any objections or protests which
may be filed as hereinafter provided by any person interested in or affected by the proposed
charge. Notice of the hearing shall also be published in a newspaper of general circulation in the
City of Bremerton when required by law.
3. Protests and Objections. Any person interested in or affected by the
proposed charge may file written protests or objections with the City Clerk prior to the hearing.
Each protest must state the grounds of such protest or objection. The Clerk shall present such
protests and objections to the Council at the time of the hearing and no other protests or
objections will be considered.
4. Hearing. The Council shall hear and pass upon the report of the code
enforcement officer, together with objections and protests. The Council may revise or modify the
report as it may deem just. When the Council is satisfied with the correctness of the charge, the
report, together with the charge, shall be confirmed or rejected. The decision of the Council on
the report and the charge, and on all protests or objections, shall be final and conclusive.
(c) Assessment against Property. The City shall have a lien for the costs and
incidental expenses of any abatement as defined in BMC 1.04.020(g), for the cost of any
abatement action taken by the City, under this chapter, against the real property on which the
work of abatement was performed as follows:
1. Unfit Structures. Liens established as the result violations of the
International Property Maintenance Code as adopted pursuant to BMC 17.04.020 and amended
pursuant to BMC 17.04.110 (the "IPMC") shall be assessed pursuant to the IPMC as currently
enacted and a& -hereinafter amended in Pursuant to RGW 35.80.030(i)(h),
ted herein by r-efiarenee, the lien shall be assessed upon the tax rells of the subjee4
2. Garbage. Liens for garbage and rubbish abatement shall be assessed
against the subject property pursuant to RCW 35.21.140 and 35.21.150 and shall be prior to all
liens filed subsequent to the filing of the notice of lien with the county auditor, except liens of
general taxes and local improvements.
3. Nuisance Vegetation. Liens for nuisance vegetation abatement, when
initiated by City Council resolution, whether or not enforced in conjunction with a hearing
before the Administrative Hearing Examiner pursuant to BMC 1.04.080, shall be assessed
against the subject property pursuant to RCW 35.21.310 and shall be enforced and foreclosed in
the manner as provided by law for liens for labor and materials.
4. Other. Other Iiens shall be assessed against the subject property as
authorized by law or court order.
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Unfit Dwellings, Buildings
Structures & Premises
(d) For any unfit dwelling, building, structure or premise abated pursuant to Chapter
6.12 BMC, the recovery of costs and expenses for such abatement shall be processed and
assessed pursuant to BMC 6.12.100 and the provisions of this section shall not be applicable.
SECTION4. Severability. If any one or more sections, subsections, or sentences
of this ordinance are 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.
SECTION S. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval d publication as provided by law.
PASSED by the City Council the �9� day of r, 2018.
Z,- t' /' � � �
ERIC YOUNCO, Coun ' resident
Approved this I V' day of /�%'Y/ �l l , 2018.
ATTEST:
)L�Ujx-,�
GREG HEELER, Mayor
APPROVED AS TO FORM:
SHANNON CORIN, City Clerk S4G�EERA. L OVICH, City Attor
PUBLISHED the day of ` 2018.
EFFECTIVE the day of 2018.
ORDINANCE NO. "
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Unfit Dwellings, Buildings
Structures & Premises
Kits-AP'Sun
PROOF OF PUBLICATION ORDINANCE NO.5346
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington, cre-
ating a new chapter of the
Bremerton Municipal Code,
Chapter 6.12 entitled "Unfit
Dwellings, Buildings, Struc-
tures, and Premises" and
amending Sections 2.62.045
CITY OF BREMERTON
and 1.04.120 relating to dan-
gerous and unfit structures.
CITY OF BREMERTON
345 6th Street, Suite 100
PASSED by the City Council on
the 18th day of April, 2018.
BREMERTON, WA 98337
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
300, Bremerton,
STATE OF WISCONSIN, COUNTY OF BROWN
WA 9833�te
APR. 24,2018 AD#1993370
I, being first duly sworn on oath, deposes and says: That I am now,
and at all times embraced in the publication herein mentioned was
the principal clerk of the printers and publishers of KITSAP SUN;
that said newspaper has been approved as a legal newspaper
by order of the Superior Court of the County of Kitsap, in which
County it is published and is now and has been for more than six
months prior to the date of the publication hereinafter referred to,
published in the English language continually as a daily newspaper
in Bremerton, Kitsap County, Washington, a weekly newspaper in
Kitsap County, Washington and is now and during all of the said
time, was printed in an office maintained in the aforesaid place of
publication of said newspaper; that the following is a true text of
an advertisement as it was published in regular issues (and not in
supplement form) of said newspaper on the following date(s), to
wit: And on
April 24, 2018
such newspaper was regularly distributed to its subscribers
during all of said period.
Ke _111A X
Legal Clerk J. �P/
Subscribed and sworn to before on April 24, 2018:
Notary, State of WI, County of Brown
My commission expires
BERGEN GOR OWICH
Notary Public
Ad#: 1993370 State of Wisconsin
P.O.:
# of Affidavits: 0