A. Hearing Examiner: Appeals are to be heard by the city hearing examiner. Any reference in the property maintenance code to the "appeals board" shall mean and refer to the city of Orting hearing examiner.
B. City Administrator: The designated "building official" is the city administrator or his designee. Any reference in the property maintenance code to the "building official" or "code official" shall mean and refer to the city administrator or his or her designee.
C. Amendments:
Section 101.1 of the property maintenance code is amended to read as follows:
101.1 Title. These regulations shall be known as the property maintenance code of [NAME OF JURISDICTION] the city of Orting, hereinafter referred to as the "this code property maintenance code."
Section 102.6 of the property maintenance code is amended to read as follows:
102.6 Historic Buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Buildings and structures designated as historic shall be governed by the provisions of the existing buildings code, as adopted and amended from time to time.
The title of section 103 of the property maintenance code is hereby amended to read as follows:
Section 103
Department Of Property
Maintenance Inspection
Section 103.1 of the property maintenance code is hereby amended to read as follows:
103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the The city administrator or his or her designee shall be the code official (code enforcement officer).
Section 103.2 of the property maintenance code is hereby repealed in its entirety.
103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
Section 103.3 of the property maintenance code is hereby amended to read as follows:
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and wWith the concurrence of the mayor appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees.
Section 103.5 of the property maintenance code is hereby amended to read as follows:
103.5 Fees. The fees for activities and services performed by the city department in carrying out its responsibilities under this code shall be as set forth by ordinance or resolution of the city council. indicated in the following schedule.
Section 104.6 of the property maintenance code is hereby amended to read as follows:
104.6 Notices And Orders. The code official shall issue all necessary notices or civil regulatory orders to ensure compliance with this code.
Section 104.7 of the property maintenance code is hereby amended to read as follows:
104.7 Department Records. The code official shall keep official records of all business and activities of the city department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or structure to which such records relate remains in existence, unless otherwise provided for by other regulations.
Section 106.1 of the property maintenance code is hereby amended to read as follows:
106.1 Violations; Enforcement.
106.1.1 Compliance Mandatory. Compliance with the requirements of the property maintenance code and any rule or regulation adopted pursuant thereto, and any civil regulatory order, project permit or approval granted or issued under authority of the property maintenance code, shall be mandatory. No structure or land to which the property maintenance code applies shall hereafter be constructed, located, extended, converted, altered or otherwise developed without full compliance with the requirements of the property maintenance code, including any rule or regulation adopted pursuant thereto, any provision or condition of a project permit or approval issued or granted pursuant to the property maintenance code, and any provision or condition set forth in a civil regulatory order issued pursuant to the property maintenance code.
106.1.2 Violation; Civil Violation; Civil Infraction. Any act or omission by a person responsible for compliance with any of the provisions of the property maintenance code, any provision of a rule or regulation adopted pursuant thereto, a civil regulatory order issued pursuant to the property maintenance code, or any provision or condition of a project permit or approval issued or granted pursuant to the property maintenance code, shall constitute a violation and shall be subject to enforcement as a civil infraction or civil violation pursuant to title 1, chapter 13 (Code Enforcement) of the city code and title 1, chapter 4 (Penalties) of the city code. Any act or omission by a person responsible for compliance that constitutes a failure to obtain a project permit or approval required pursuant to the property maintenance code shall constitute a violation and shall be subject to enforcement as a civil infraction or civil violation pursuant to title 1, chapter 13 (Code Enforcement) of the city code and title 1, chapter 4 (Penalties) of the city code.
106.1.3 Violation; Misdemeanor. It shall be unlawful to willfully fail to comply with any provision of the property maintenance code, willfully fail to comply with any provision of a rule or regulation adopted pursuant thereto, willfully fail to comply with a civil regulatory order issued pursuant to the property maintenance code, willfully fail to obtain a project permit or approval required by the property maintenance code, or willfully fail to comply with a provision of a project permit or approval issued under authority of the property maintenance code. Such willful failure shall constitute a misdemeanor.
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
Section 106.2 of the property maintenance code is hereby amended to read as follows:
106.2 Notice of vViolations. The code official shall serve a notice of violation or order in accordance with Section 107. The provisions of the property maintenance code shall be subject to enforcement pursuant to the provisions of title 1, chapter 13 (Code Enforcement) of the city code and title 1, chapter 4 (Penalties) of the city code.
Section 106.3 of the property maintenance code is hereby amended to read as follows:
106.3 Non-Exclusive; Authority. Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. The enforcement actions and remedies authorized under the property maintenance code shall be supplemental to those general penalties and remedies and enforcement actions that may be available at law or in equity. If the notice of violation a term or condition of a civil regulatory order is not complied with, the code official and city attorney shall have authority to institute the an appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the civil regulatory order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, to the extent allowed by law.
Section 107 of the property maintenance code is hereby amended to read as follows:
107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.
107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 106.3.
107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or first-class mail addressed to the last known address; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4.
107.5 Transfer Of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance civil regulatory order or upon whom a notice of violation or correction notice has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance civil regulatory order, correction notice or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance civil regulatory order, correction notice or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance civil regulatory order, correction notice or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance civil regulatory order, correction notice or notice of violation. A violation of the provisions of this subsection shall constitute a misdemeanor.
Section 108.1 of the property maintenance code is hereby amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall may be condemned pursuant to the provisions of this code.
Section 108.3 of the property maintenance code is hereby amended to read as follows:
108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with 1-13-6 of the city code. Section 107.3. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2 1-13-6 of the city code.
Section 110.2 of the property maintenance code is hereby amended to read as follows:
Section 110.3 of the property maintenance code is hereby amended to read as follows:
110.3 Failure To Comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, to the extent allowed by law.
Section 111 of the property maintenance code is hereby amended to read as follows:
111.1 Application For Appeal. Any person directly affected by an enforcement decision or other decision or determination of the code official pursuant to this code and who meets the requirements for standing pursuant to RCW 36.70C.060 shall have the right to appeal such decision to the hearing examiner pursuant to 1-12-3A4 of the city code or and any person who receives or is served with a notice or order issued under this code shall have the right to appeal such determination or decision, notice or order pursuant to the provisions of title 1, chapter 12 (Hearing Examiner) of the city code. to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.
111.2 Membership of board. The board of appeals shall consist of a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms.
111.2.1 Alternate members. The chief appointing authority shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership.
111.2.2 Chairman. The board shall annually select one of its members to serve as chairman.
111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest.
111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.
111.2.5 Compensation of members. Compensation of members shall be determined by law.
111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.
111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board membership.
111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members.
111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official.
111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board.
111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board.
(Ord. 912, 9-14-2011)