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ORD 11-691ORDINANCE NO. 11-691 AN ORDINANCE of the City of Federal Way, Washington, relating to Unfit Premises; amending FWRC 115140;1.15.160;1.15.180;1.15.190; 1.15.250; and adding new section to FWRC Chapter 1.15. (Amending Ordinance No. 07-566) WHEREAS, the City recognizes the need to periodically modify Title 1, General Provisions of the Federal Way Revised Code (FWRC), in order to clarify and update regulations as deemed necessary, and improve the efficiency of the regulations; and WHEREAS, there exists within the City premises that are unfit for human habitation, or other uses, due to conditions increasing the hazards of fire, accidents, or other calamities, inadequate drainage, rodent harborage or other conditions harmful to the health and welfare of the residents of Federal Way; and WHEREAS, the City recognizes the detrimental effects on public health, safety, and welfare stemming from unfit premises at various locations throughout the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 1.15 of the Federal Way Revised Code is hereby amended to add a new section to read as follows: 1.15.175 Dangerous or unfit premises. Premises which have an uf the followin�conditions shall be deemed dangerous or unfit: (1) Premises that contain trash, ag rbage, junk, old wood, buildin� materials, appliances, brush, tree limbs, or other items that may attract rats or other vermin due to a food source or rodent harborage; (2) Premises that have any number of unsecured vehicles, cars, trucks, bikes, farm equipment, Ordinance No. 11-691 Page 1 of 6 construction equipment, boats, trailers, snowmobiles, jet skis or other machiner o�plements that are unused and apparentiv inoperable that are an attractive nuisance and dan eg rous; (3) Premises that are unsecured and unsafe due to conditions that pose a hazard or attractive nuisance such as but not limited to sink holes; exposed under�round vaults, pipes or wires; trenches; unstable slopes; or hazardous materials. (4) Premises that have dilapidated fences, sheds, carports or other such structures that pose a hazard or attractive nuisance; or (5 Developed premises that have over 50 percent of the area covered in blackberries or other noxious weeds. Section 2. FWRC 1.15.140 is hereby amended to read as follows: 1.15.140 Findings. 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 city. Dangerous or unfit buildings or structures as defined by FWRC 1.15.170 and dan�erous or unfit premises as defined bv FWRC 1.15.175 are declared to be public nuisances. Section 3. FWRC 1.15.160 is hereby amended to read as follows: 1.15.160 Improvement officer and appeals commission designated. (1) The city of Federal Way �e�g-e�� building official, or his or her designee, is designated as the city's improvement officer, and shall have the full scope of authority granted to that official Ordinance No. II -691 Page 2 of 6 under Chapter 35.80 RCW ��e��t�iu�t��^�*��'����'a�r^ ������', e��j-e�ke��es�e , ��� �,,._ ....::..:.....�,,,__'.,,:.� .:.:,.,.,,.�:�.,.,,:.,.:..�:.��,.:,:_ :_ :,:,. ::,.,,:.�.n :�. ;_,::':.,,:::...� �•�_�.�r�ir.r.� (2) The city of Federal Way �hearin� examiner, �r'�;� ^r'�°r a°�;^^�°°, is designated as the city's appeals commission, and shall have the full scope of authority granted to that commission under Chapter 35.80 RCW. Section 4. FWRC 1.15.180 is hereby amended to read as follows: 1.15.180 Standards for repair, vacation, or demolition. The following standards shall be followed in substance by the improvement officer and the appeals commission in ordering repair, remediation, vacation or demolition of buildings e� structures or premises: (1) If the dangerous or unfit building, e�structure or premises can reasonably be repaired or remedied so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired or remedied by the improvement officer or by the appeals commission, on appeal. (2) If the dangerous or unfit building, e�structure or �remises is 50 percent or more damaged or decayed or deteriorated in value, it shall be demolished. "Value" as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. (3) If the dangerous or unfit building� e�structure or �remises cannot be repaired or remedied so that it will no longer exist in violation of the terms of this chapter, it shall be demolished. (4) If the dangerous or unfit building e�structure or premises is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the city of Federal Way or the laws of Ordinance No. 11-691 Page 3 of 6 the state of Washington, it shall be demolished or abated, provided the fire hazard is not eliminated by the owner within a reasonable time. Section 5. FWRC 1.15.190 is hereby amended to read as follows: 1.15.190 Issuance of complaint. If, after a preliminary investigation of any dwelling, building, structure or premises, the ^�*• ��g �� improvement officer, or his or her designee, finds that it is unfit for human habitation or other use, the'�•��'a�r�- ����;�', �r'�;� �r �°r a°�;�°° improvement officer, may issue a complaint conforming 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 Revised Code, specifically FWRC 1.15.170 and .175 and such other codes adopted pursuant to the Federal Way Revised Code as the improvement officer deems applicable, in particular the most recent edition of the International Property Maintenance Code. Section 6. FWRC 1.15.250 is hereby amended to read as follows: 1.15.250 Remediation — Penalties. If a party, following exhaustion of the party's rights to appeal, fails to comply with the determination, findings of fact, and order, the'����'a�r�- ���^�°' improvement officer, �r'��� �r'�°r desigHee may direct or cause the subject dwelling, building, structure or premises to be repaired, remedied, altered, improved, vacated and/or closed, removed, or demolished pursuant to Chapter 35.80 RCW. Ordinance No. I1-691 Page 4 of 6 Section 7. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person ar situation, be declared unconstitutional ar invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, plirase; or portion thereof, irrespective of the fact that any one or more sections, :subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of May, 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, C OL MC EILLY, CMC Ordinance No. I I-691 Page 5 of 6 APPROVED AS TO FORM: �0�!%�l�( . � CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: 4-26-2011 5-17-2011 5-21-2011 6-20-2011 11-691 Ordinance No. I1-691 Page 6 of 6