2188_00001ORDINANCE NO.2188
ANORDINANCE CREATING CHAPTER16.08"OF THE MOSES LAKEMUNICIPAL
CODE ENTITLED"DANGEROUS BUILDINGS"
THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON DO ORDAINAS FOLLOWS:
Section 1.Chapter 16.08 of theMoses Lake MuriicipalCode entitled "Dangerous Buildings"is created asfollows:
O 16.08.010 Findings of CityCouncil:The CityCouncil finds thatthereexists inthecitycertain dwellings which
are unfit for human habitation and buildings and structures which are unfitfor other uses,due todilapidation,disrepair,structuraldefects,defects increasing the hazards of fire,accident,or other
calamities,inadequate ventilation,uncleanliness,inadequate lightor sanitary facilities,inadequate
drainage,overcrowding,or due toother conditions which are inimicaltothe health and welfareofcityresidents.
16.08.020 Dangerous Buildings Defined:AIIbuildings or structures which have any or all of the following
defects are deemed "dangerous buildings":
A.Those whose interior wallsor othervertical structuralmembers list,lean,or buckle tosuch anextentthataplurnblinepassingthroughthecenterofgravityfallsoutsidethemiddlethirdof
its base.
B.'Ïhose which,exclusive ofthe foundation,show thirty-threepercent (33%),ormore,ofdamage
or deterioration of the supporting member or members,or fiftypercent (50%)of damage ordeteriorationofthenoh-supporting enclosing or outside walls or covering.
C.Those which have improperly distributed loads upon the floors or roofs or in which the sameareoverloaded,or which have insufficient strength to be reasonably safe for thepurpose used.
D.Those which have become damaged by fire,wind,or other causes so as to have become
dangerous tolife,safety,morals,or the general health and welfare of the occupants or thepeopleofthecity.
E.Those whichhave become orare so dilapidated ordecayed or unsafe or unsanitary,or which
O so utterly fail to providethe amenities essential to decent livingthattheyare unfitfor humanhabitation,orare likelyto cause sickness ordisease,so as towork injuryto thehealth,morals,safety,or general welfare ofthose livingtherein.
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 toegress incase offireor panic or thosehaving insufficient
stairways,elevators,fire escapes,or other means of communication.
H.Those which haveparts thereofwhich are so attached that they may falland injure members
of thepublic or property.
I.Those which because of theircondition are unsafe or unsanitary,or dangerous to the health,morals,safety,or general welfare of the people of the city.
16.08.030 Standards for Repair,Vacation,or Demolition:The following standards shall be followed in
substance by the Building Official and Board of Appeals in ordering repair vacation,or demolitionofanybuilding.
A.Ifthe dangerous building can reasonablybe repairedso that itwillno longer exist in violationofthetermsofthischapter,itshall be ordered repaired by the Building Officialor Board ofAppeals.
B.Ifthe dangerous building is in such condition as tomake it dangerous to the health,morals,
safety,or general welfare of its occupants,it shall be ordered to be vacated by the BuildingOfficeortheBoardofAppeals.O C.Ifthe dangerous building is fiftypercent (50%)damaged,decayed,or deteriorated in value,itshallbedemolished.Value as used inthissubsection shall be thevaluation placed upon thebuildingforpurposesofgeneraltaxation.
D.Ifthe dangerous building cannot be repaired sothat itwillnoloner existinviolationofthetermsofthischapter,it shallbe demolished.
E.If thedangerous building is a fire hazard existing or erected inviolation of the terms of thischapteroranyordinanceofthecityorstatuteofthestate,itshallbe demolished,providing thefirehazardisnoteliminatedbytheownerorotherinterestedpersonswithinareasonabletime.
Ordinance 2188
Page 2
16.08.040 Dangerous Buildings Declared Nuisance:Alldangerous buildings withinthe terms of Section
16.08.020 ofthischapter are declared tobe public nuisances,and shall be repaired,vacated,or
demolished as provided in this chapter.
16.08.050 Duties of BuildingOfficial:The Building Officialand/or his authorizedrepresentative shall do the
following:
A.Inspect or cause tobe inspected allbuildings including,but no necessarily limited to,schools,
halls,churches,theaters,hotels,residential,commercial,manufacturing,orloftbuildings which
maybe brought to his attention for the purpose of determining whether any conditions exist
which render such places a dangerous building within the terms ofSection 16.08.020.
B.Inspect any building,wall,or structure aboutwhich complaints are flied by anyperson to the
effectthat a building,wall,or structure is,or may be,existing in violation of this chapter.
C.Post in a conspicuous place on such property a copy of the complaintsetting forth the
information required under Section 16.08.060 of this chapter.
D.Appear at allhearings conducted bythe Board ofAppeals and testifyas tothe condition ofthe
dangerous buildings.
E.Holda hearing at thetimeand place specifiedinthe complaint,in which allpartiesininterest
shall be given therighttofile an answer tothecomplaint,toappear in person orotherwise;and
to give testimony,and ifafter the hearing he shall determine that the structure is,in fact,a
dangerous building,he shall reduce to writing his findings of fact in support of such
determination,and shall issue and cause tobe served uponthe owner or party in interest,in
the mannerprovided in thischapter for the serving of the cornplaint,an order which requires
the owner to repair,alter,or improve such dwelling,building,or structure to render it fitfor
human habitation or other use,or tovacate and close the dwelling,building,or structure,if
such course ofactionisdeemed proper,or require theownerorpartyininterest withinthetirne
specifiedin the order to remove or demolish such dwelling,building,or structure,and ifno
appeal is filed in themanner provided inthischapter,he shall filea copyofsuch orderwiththe
Grant County Auditor.
F.The BuildingOfficialand/or his authorized representative shall be empowered to enter anybuildingforthepurposeofmakinganinspectionthereof,and any person who in anymanner
whatsoever impedes orinterferes withtheBuildingOfficialand/or hisauthorizedrepresentative
or refuses him admittance to anybuilding is guiltyofviolating theterms and conditions of this
chapter and shall be subject to the penalties provided in thiscode.
16.08.060 Complaint bv BuildingOfficial:The complaint issued bythe BuildingOfficialmust be in writing and
shall be sent either by registered mail or served personallyupon all persons having any interest
in and tothe property,as shown by the records ofthe Grant County Assessor ofany building or
structurefound by the Building Officialto be a dangerous building within the standards set forth
in Section 16.08.020;provided,that ifthe whereabouts of such persons are unknownand the
same cannot be ascertained by the Building Officialinthe exercise of reasonable diligence and
the Building Official makes an affidavit to that effect,then the complaint shall be served by
publishing thesame once each week for two(2)consecutiveweeks in a newspaper published in
the city.The complaint shall contain,amongother things,thefollowing information:
A.Name of owneror other persons interested,as provided in thissection.
B.Street address and legal description of the property on which the building Is located.
C.General description of typeof building,wall,or structure deemed unsafe.
D.A complete,itemized statement or list of particulars which caused the building,wall,or
structure tobe a dangerous building as defined in Section 16.08.020.
E.Whether or notthe buildingshouldbe vacated by its occupants,and thedate of such vacation.
F.Whether or not the statement of list of particulars,as provided for in Subsection D can be
removed or repaired.
G.Whether or not the building constitutesa fire menace.
H.Whether or not itis unreasonable to repair the building andwhetheror not the buildingshould
be demolished.
I.A notice thata hearing shall be held before the BuildingOfficialat the City Hall,Moses Lake,
Grant County,Washington,notless thenten (10)days normore thanthirty(30)days after the
serving of such complaint,or in the event of publication,not less than fifteen (15)days nor
more than thirty(30)days from the date of the first publication and that all parties in interest
shall be given the right tofilean answerto thecomplaint,toappear inperson orotherwise,and
to give testimonyat the timeand place fixed in the complaint.
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Page 3
J.A copy of such complaint shall also be filed with the Grant County Auditor,which filingshallhavethesameforceandeffectasotherlispendensnoticesprovidedbylaw.
16.08.070 Board of Appeals:The City Council is designated as the Board of Appeals.The Mayor shallact
as Chairmanof the Board of Appeals.
16.08.080 Duties of the Board ofAmpeals:The Board of Appeals shall do the following:
A.Upon the receipt of a notice of appeal from thedecision and order of the BuildingOfficialfiled
O by the owner or party in interest within thirty(30)days from thedate of the service of thedecisionororder,the Board shall entertain such appeal,conduct a hearing thereon,asprovidedinsubsectionB,or upon receipt of a request in writing from the BuildingOfficialtoreviewhisdecision,theBoard shall entertain such request and conduct a hearing as providedinthissection
B.Hold a hearing tohear such testimonyas may be presented by anydepartment of thecityortheowner,occupant,mortgagee,lessee,oranyotherperson having an interest inthebuilding,
as shownbytherecordsoftheGrant County Assessor,withrelation tothedangerous building.
C.Make written findings offact withinsixty (60)days from the date of hearing from the testimonyofferedpursuanttosubsectionBastowhetherornotthebuildinginquestionisadangerous
building within the terms of Section 16.08.020.
D.Issue an order based upon thefindings of fact make pursuant to subsection C.
E.If the owner or party in interest fails to complywiththe order issued by either the Board ofAppeals,orintheevent no appeal is filed,from theorder of the Building Official,thenand in
thatevent,eithertheBoard orBuildingOfficial,as the case maybe,may direct or cause such
dwelling,building,or structuretobe repaired,altered,improved,vacated,closed,removed,ordemolishedasthefactsmaywarrantunderthestandardsprovidedforinSection16.08.030,
and thecostof such repair,vacation,or demolition shall be assessed against thereal property
uponwhich such costs were incurred,unless such amount is previously paid.The Finance
Director shall determine the amount of the assessment due and owing,and shall certify the
same tothe County Treasurer,who shall enter the amount of such assessment upon the taxrollsagainsttheproperty,all inthemannerprovided by law and particularly,Chapter 82 of theLawsof1959.
16.08.090 Emereencv Cases:In cases where itreasonably appears that there is immediate danger tothelifeorsafetyofanypersonunlessadangerousbuildingasdefinedinSection16.08.020 isimmediatelyrepaired,vacated,or demolished,theBuilding Official shall cause the immediate
repair,vacation,or demolition ofsuch dangerous building.The costs ofsuch emergency repair,
vacation,or demolition of such dangerous building shall be collected in the same manner asprovidedinthischapter.
16.08.100 Provisions ofChapter Cumulative:Nothing inthischaptershallbe construedtoabrogateorimpairthepowerofthecityoranydepartmentthereoftoenforceanyprovisionofitsordinancesorregulations,nor to prevent or punish violations thereof,and any powers conferred by thischapter
shall be inaddition toand supplemental to powers conferred by other laws,not shall thischapter
be construedto impair orlimitinanywaythepower ofthecitytodefine anddeclare nuisancesandtocausetheirremovalorabatementbysummaryproceedings,or in any other manner providedbylaw.
Section 2.This ordinance shall takeeffect and be inforce five (5)days after its passage and publication ofitssummaryasprovidedbylaw.
Adopted by the City Council and signed by its Mayor on N mber 23,200 .
ATTEST Richard Pearce,ÏIepu Mayor
APPROVED AS TO FORM:
ames A.W itaker,CityAttomey
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