ORD 07-566
ORDINANCE NO. 07-566
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON,AMDENDINGCHAPTER
1, ARTICLE III, OF THE FEDERAL WAY CITY CODE TO
IMPLEMENT THE PROCESS AND TO ACQUIRE THE
POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO
ADDRESS CONDITIONS WHICH RENDER DWELLINGS,
BUILDINGS, STRUCTURES, AND OTHER PREMISES
UNFIT FOR HUMAN HABITATION AND OTHER USES.
WHEREAS, there exist within the City of Federal Way dwellings that are unfit for human
habitation, and buildings, structures, and premises or portions thereof, which are unfit for other uses,
due to conditions of dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary
facilities, inadequate drainage, overcrowding or other conditions harmful to. the health and welfare of
the residents ofthe Federal Way; and
WHEREAS, the City of Federal Way recognizes the detrimental effects on public health,
safety, and welfare stemming from unfit dwellings, buildings, structures and premises at various
locations throughout the City; and
WHEREAS, Chapter 35.80 RCW authorizes cities to adopt ordinances that enable cities to
address such conditions fairly, effectively, and with reasonable assurance that costs incurred by the
City to abate such conditions will be recovered.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
ORD #07-566 PAGE I
Section I. New sections are added to Chapter I, Article ill, Civil Enforcement ofthe Code, of
the Federal Way City Code to read as follows:
1-26 Additional Enforcement Mechanism
In addition to. and in combination with. the enforcement methods set forth in FWCC Chapter 1
Article ill and elsewhere in the Federal Way City Code. violations ofthe Federal Way City Code
ma be enforced under the rovisions set forth in
1-27 Findin2s
It is found that there exist in the City of Federal Way. dwellings. and other buildings. structures. and
premises which are unfit for human habitation and which are unfit for other uses due to dilapidation.
disrepair. structural defects. defects increasing the hazards of fire. accidents. or other calamities.
inadequate drainage. overcrowding. or due to other conditions which are detrimental to the health
and welfare of the residents of the Citv. Dangerous or unfit buildings or structures as defined by
FWCC 1-30 are declared to be public nuisances.
1-28 RCW Chapter 35.80 Adopted
RCW Chapter 35.80. "Unfit Dwellings. Buildings. and Structures". as it currently exists or is
hereinafter amended. is hereby adopted.
1-29 Improvement Officer and Appeals Commission Desi2nated
(a) The City of Federal Way Hearing Examiner is designated as the City's
"Improvement Officer." and shall have the full scope of authority granted to that
official under Chapter 35.80 RCWexcept that the City Building Official. or his or
her designee. shall provide all administrative functions such as the inspection of
ORD #07-566 PAGE 2
buildings. or portions thereof. for the purpose of determining whether any conditions
exist which render such buildings dangerous or unfit pursuant to FWCC 1-30.
(b) The City of Federal Way City Manager. or his or her designee. is designated as
the City's "Appeals Commission." and shall have the full scope of authority granted
so that commission under Chapter 35.80 RCW.
1-30 Dan2erous or unfit buildin2s or structures defined
Buildings or structures which have any or all of the following defects shall be deemed
"dangerous or unfit buildings or structures":
(a) Those whose interior walls or other vertical structural 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 ofthe foundation. show thirty-three percent. or more. of
damage or deterioration of the supporting member or members. or fifty percent of
damage or deterioration ofthe nonsupporting enclosing or outside walls or covering;
(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) Tho.se 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 o.r the people of the City of Federal Way:
(e) Tho.se. which have become or are so dilapidated or decayed or unsafe or
unsanitary. or which so utterly fail to. provide the amenities essential to. decent living.
ORD #07-566 PAGE 3
that they are unfit for human habitation. or are likely to cause sickness or disease. so.
as to work iniury 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. elevators. fire escapes or other means of
communication:
(h) Tho.se which have parts thereof which are so attached that they may fall and injure
members of the public o.r property;
(i) Those which because of their condition are unsafe or unsanitary. or dangerous to
the health. morals. safety or general welfare ofthe peo.ple ofthis city;
0) Those which have any exterior cantilever wall. or parapet. or appendage attached
to o.r supported by an exterior wall o.fthe building located adjacent to a public way or
to a way set apart for exit from a building or passage of pedestrians. if such
cantilever. parapet or appendage is not so constructed. anchored or braced as to
remain wholly in its original positio.n in event of an earthquake capable of producing
a lateral force equal to. gravity;
(k) Those which in whole or in part are erected. altered. remo.deled or o.ccupied
contrary to the ordinances adopted by the city:
ORD #07-566 PAGE 4
(1) Those which have any exterior wall located adiacent to a public way or to a way
set apart for exit from a building or passage of pedestrians. if such wall is not so
constructed. anchored or braced as to remain wholly in its original positio.n in event
of an earthquake capable of producing a lateral force equal of 0.2 of gravity.
1-31 Standards for repair. vacation or demolition.
The following standards shall be followed in substance by the Improvement Officer and the
Appeals Commission jnordering repair. vacation or demolition of buildings or structures: . "',
(a) If the "dangerous or unfit building or structure" can reasonably be repaired so that
it will no longer exist in violation of the terms of this Chapter. it shall be ordered
repaired by the Improvement Officer or by the Appeals Commission. on appeal.
(b) If the "dangerous or unfit building or structure" is fifty percent damaged o.r
decayed or deteriorated in value it shall be demolished. Va:lue as used herein shall be
the valuation placed upon the building or structure for purposes of general taxation.
(c) If the "dangerous or unfit building or structure" cannot be repaired so that it will
no longer exist in violation of the terms ofthis Chapter it shall be demolished.
(d) If the "dangerous or unfit building or structure" is a fire hazard. existing or
erected in vio.lation ofthe terms ofthis Chapter or any other ordinance o.fthe City of
Federal Way or the laws of the state of Washington. it shall be demolished. pro.vided
the fire hazard is not eliminated by the owner within a reasonable time.
1-32 Issuance of Complaint
If. after a preliminary investigation of any dwelling. building. structure or premises. the City
Building Official. or his or her designee. finds that it is unfit for human habitation or other use. the
ORD #07-566 PAGE 5
Building Official. or his or her designee. may issue a complaint confo.rming to the provisions of
RCW 35.80.030. stating in what respects such dwelling. building. structure or premises is unfit for
human habitation or other use. In determining whether a dwelling. building. structure or premises
should be repaired or demolished. the Building Official shall be guided by the Federal Way City
Code. specifically FWCC 1-30. and such other codes adopted pursuant to the Federal Way City Code
as the Building Official deems applicable. in particular the most recent edition of the International
Property Maintenance Code.
1-33 Service of Complaint
A complaint issued under this Chapter shall be served on the parties and posted on the subject
property pursuant to RCW 35.80.030. and shall also be filed with the King County Auditor. All
complaints o.r other documents posted on the subject property shall remain in place until the
complaint has been resolved. For purposes of service. such complaints or other documents are
deemed effective o.n the day of posting.
1-34 Complaint Hearin2
Not less than ten days nor more than 30 days after serving a complaint. the Improvement Officer
shall hold a hearing conforming to the provisions ofRCW 35.80.030. at which all parties in interest
shall be given the right to appear in perso.n. to bring witnesses. and to give testimony regarding the
complaint. At any time prior to. or at the time of the hearing. any party may file an answer to. the
complaint. Such a hearing shall be governed by the City of Federal Way Hearing Examiner's Rules.
which shall be available for public inspection at the Federal Way Department of Co.mmunity
Develo.pment.
ORD #07-566 PAGE 6
1-35 Determination. Findin2s of Fact. and Order
Within ten days of the complaint hearing. the Improvement Officer shall issue a Determination.
Findings of Fact. and Order. conforming to the provisions of RCW 35.80.030(f). stating the
Improvement Officer's determination as to whether the subiect dwelling. building. structure or
premises is unfit for human habitation or other use: the findings of fact supporting the determination;
and an order specifying the actions necessary to address any unfitness. and a deadline for completing
the actions. In issuing the Determination. Findings of Fact. and Order. the Improvement Officer
shall be guided by the Federal W ay City Code. specifically FWCC 1-30 through 1-31. and such o.ther
codes adopted pursuant to the Federal W ay City Code as the Improvement Officer deems applicable.
The Determination. Findings o.fFact. and Order shall be served and posted as set forth in FWCC 1-
33. and if no appeal is filed within the deadline specified in FWCC 1-36. a copy of the
Determination. Findings of Fact. and Order shall be filed with the King County Audito.r.
1-36 Appeal to Appeals Commission
Within 30 days of service of a Determination. Findings of Fact. and Order. any party may file an
appeal to the Appeals Commission. The Appeals Commission shall conduct a hearing on the appeal
and issue a ruling within 60 days from the date the appeal is filed: and ifthe Appeals Commission
issues any oral findings o.f fact. the ruling shall contain a transcript of such findings in additio.n to. any
fmdings issued at the time ofthe ruling. The ruling shall be served and posted as set forth in FWCC
1-33. and ifno appeal is filed within the deadline specified in FWCC 1-37. acopyoftheruling shall
be filed with the King County Auditor.
ORD #07-566 PAGE 7
1-37 Appeal to Superior Court
Any person affected by a Determination. Findings of Fact. and Order issued by the Improvement
Officer. who has brought an appeal before the Appeals Commission pursuant to FWCC 1-36 may.
within 30 days after the Appeals Commission's ruling has been served and posted pursuant to. FWCC
1-33. petition the King County Superior Court for an injunction restraining the Building Official. or
his or her designee. from carrying out the provisions of the Determination. Findings of Fact. and
Order. In all such proceedings. the Court is authorized to affirm. reverse or modify the order. and
such trial shall be heard de novo.
1-38 Remediation/Penalties
If a party. follo.wing exhaustion of the. party's rights to appeal. fails to comply with the
Determination. Findings of Fact. and Order. the Building Official. or his or her designee. may direct
or cause the subject dwelling. building. structure or premises to be repaired. altered. improved.
vacated. and closed. removed. or demolished pursuant to Chapter 35.80 RCW.
1-39 Tax Lien
The cost of any action taken by the Building Official. or his or her designee. under FWCC 1-38 shall
be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon certificatio.n by the
City of Federal W ay finance director. or his or her designee. that the assessment amo.unt is due and
owing. the King County Treasurer shall enter the amount of such assessment upon the tax rolls
against the subject pro.perty pursuant to the pro.visions ofRCW 35.80.030.
1-40 Salva2e
Materials from any dwelling. building. structure. or premises removed or demolished by the Building
Official. or his or her designee. shall. if possible. be salvaged and sold as if the materials were
ORD #07-566 PAGE 8
surplus property of the City of Federal Way. and the funds received from the sale shall be credited
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 Building Official. or his or her designee. after
deducting the costs incident thereto.
Section 2. Severability. The provisions ofthis ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance
o.r the invalidity ofthe application thereof to any person or circumstance, shall not affect the validity
of the remainder ofthe ordinance, or the validity of its application to o.ther persons or circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to.
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references. thereto.
Section 4. Effective Date. This o.rdinance shall take effect and be in force five (5) days from
the time of its final passage, as provided by law.
. ~ PASSED by the City Council of the City of Federal Way this ~tt-- day of
1V1lX~ ,2007.
CITY OF FEDERAL WAY
ATTEST:
~Z;{
'., MAY R, , PARK ---
A Y, CMC
ORD #07-566 PAGE 9
APPROVED AS TO FORM:
/~a~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.:
ORD #07-566 PAGE 10