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,
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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 ,
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(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