09/17/2024 - Work Study - Packet0�84
Meeting Location: Contact us:
ORCHARD
Council Chambers Phone (3potorchad
216 Prospect Street cityhall@portorchardwa.gov
Port Orchard, WA 98366 www.portorchardwa.gov
City Council
Work Study Session
Tuesday, September 17, 2024
6:30 PM
Pursuant to the Open Public Meetings Act, Chapter 42.30 RCW, the City Council is conducting its public meeting
in a hybrid format with options for in -person attendance in the Council Chambers at City Hall or remote viewing
and participation via Zoom (link below). The meeting is streamed live on the City's YouTube channel, click here.
Remote Access
Link: https://us02web.zoom.us/j/87339647564
Zoom Meeting ID: 873 3964 7564
Zoom Call -In: 1 253 215 8782
Guiding Principles
Are we raising the bar in all of our actions?
Are we honoring the past, but not living in the past?
Are we building positive connections with our community and outside partners?
Is the decision -making process building a diverse, equitable, and inclusive community?
1. CALL TO ORDER
A. Pledge of Allegiance
2. DISCUSSION ITEMS
A. 2024 Comprehensive Plan (Bond)
Estimated Time: 45 minutes
B. Vacant Commercial Property (Archer)
Estimated Time: 30 minute
3. GOOD OF THE ORDER
4. ADJOURNMENT
Collective Bargaining Session
The Council will be entering into a separate meeting related to collective bargaining. Pursuant to
RCW 42.30.140 (4)b the Council can convene a session "that portion of a meeting during which
the governing body is planning or adopting the strategy or position to be taken by the governing
body during the course of any collective bargaining, professional negotiations, or grievance or
mediation proceedings, or reviewing the proposals made in the negotiations or proceedings
September 17, 2024 Meeting Agenda
while in progress".
ADA Requirements
In compliance with the American with Disabilities Act, if you need accommodations to participate in this meeting, please
contact the City Clerk's office at (360) 876-4407. Notification at least 48 hours in advance of meeting will enable the City
to make arrangements to assure accessibility to this meeting.
REMINDER: Please silence all electronic devices while City Council is in session.
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For current City Council member and contact information, please visit https://portorchardwa.gov/departments/city-
council/.
For Committee Membership please visit https://portorchardwa.gov/city-council-advisory-committees/.
September 17, 2024 Meeting Agenda
K
0�4 City of Port Orchard
ORCHARD 216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: 2024 Comprehensive Plan (Bond)
Estimated Time: 45 minutes
Meeting Date: September 17, 2024
Prepared By: Nick Bond, AICP, Community Development Director
Presenter: Nick Bond, AICP, Community Development Director
Summary and Background: The City of Port Orchard is nearing completion of the 2024 Periodic
Update to the City's Comprehensive Plan. The City has a December 31, 2024 deadline for adoption. A
failure to adopt a periodic update to the Comprehensive Plan by December 31, 2024 would make the
City ineligible for transportation grant funding through future rounds of funding at PSRC and would
make the City ineligible for state grants and loans until such time as the plan update is completed.
Staff will provide an overview of the planning process to date, new requirements, major proposed
changes, as well as a timeline for review and adoption going forward. The draft Comprehensive Plan
elements can be found online at: https://portorchardwa.gov/2024-comprehensive-plan-periodic-
update/
As part of the 2024 Periodic Update, the City has also prepared 2 subarea plan for our candidate
countywide centers. Information on these plans and the preferred alternatives can be viewed at:
https://portorchardwa.gov/bethei-subarea-plans/
It is expected that the Planning Commission will complete it's review and make a recommendation on
the Comprehensive Plan Periodic Update by October 31, 2024. That will leave the City Council with
November and December to complete it's review and adopt the plan if the City is to make the
December 31, 2024 deadline. Council members are encouraged to review the materials on the
websites referenced above and to ask questions now to avoid any significant revisions to the plan in
November and December.
Relationship to Comprenhensive Plan: The proposal is an update to the Comprehensive Plan.
Recommendation: A presentation will be provided at the Work Study meeting. The City Council
should review the draft 2024 Comprehensive Plan Materials from the City website and discuss next
steps at the conclusion of the presentation.
Alternatives: None.
3
Attachments:
DqM City of Port Orchard
ORCHARD216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Discussion Items: Vacant Commercial Property (Archer)
Estimated Time: 30 minute
Meeting Date: September 17, 2024
Prepared By: Charli Archer, City Attorney
Presenter: Charli Archer, City Attorney
Summary and Background: The City Council identified the revitalization of the City's downtown as a
policy priority. In furtherance of that goal, the City Council requested information regarding regulatory
options for encouraging revitalization, with a particular emphasis on addressing concerns with vacant
commercial properties.
Washington municipalities, including Port Orchard, utilize a variety of methods to combat the negative
impacts that vacant buildings have on the community as an exercise of their police powers to protect
public health, safety, and welfare pursuant to the Washington State Constitution at article 11, section
11. Often vacant buildings can perpetuate neighborhood blight, from visual impacts of boarded -up
buildings to increased public safety burdens to respond to increased criminal activity occurring in
unsecured, vacant structures. The City of Port Orchard currently utilizes its code enforcement powers
to ensure that vacant structures are adequately secured from intruders and are adequately
maintained in conformance with the Washington State Building Code to avoid collapse and other
nuisance conditions, such as vermin. This is the most common approach taken by Washington's
municipalities.
A few cities in Washington have adopted additional programs and associated regulations to track and
regulate vacant properties. These programs require additional staffing and budgetary resources. Here
are a few examples of these programs:
1. Vacant Building Registration and Inspection Programs.
Many cities in Washington have adopted programs that require the registration and regular inspection
of vacant buildings, and some charge an associated administrative fee to cover the costs of the
program.
The City of Seattle has a vacant building registration and inspection program, as well as adopted
standards for maintenance of vacant structures. Buildings that fail to meet the maintenance
requirements are added to the City's Vacant Building Monitoring Program and charged a monthly
inspection fee ranging from $271.85 to $542.60 per month depending on the condition of the building.
4i
All vacant buildings must be "secured and maintained to prevent unauthorized entry and deterioration
from the weather." Notably, there is no requirement that the property be used or occupied; rather,
the program is designed to prevent deterioration of the structure and access by unauthorized
occupants.
The City of Everett enacted a program that requires registration of all vacant commercial space, with
an associated annual registration fee ranging from $250 to $1,000. As a component of the program, all
vacant commercial space must utilize a display that is visually appealing, rather than merely boarding
up the windows. The City of Aberdeen recently created a similar program to revitalize its downtown.
The program mirrors Everett's program, including the associated registration fee.
2. Local Amendments to Building Code and Public Nuisance.
Some cities utilize building code local amendments to enact local requirements for vacant structures
that encourage redevelopment. Similarly, many cities identify vacant structures with associated
deterioration as public nuisance properties and authorize nuisance abatement proceedings.
The City of Spokane has adopted a local amendment to the building code that classifies a "boarded -up
building," defined as closed or boarded up for at least one year, as an "unfit building." The Building
Official is vested with the ability to require the demolition of unfit buildings, following a public hearing
process.
The City of Lynnwood defines a "nuisance" to include vacant, unused, or unoccupied buildings that
have not been properly secured. Nuisance properties can then be abated through a hearing process
set out in the code.
3. Utility Fee for Vacant Properties.
Water utility "stand-by" or "availability" fees for properties that are connected to water/sewer,
despite requesting service shut off. For example, the City of Sequim charges a monthly stand-by fee for
properties connected to City utility infrastructure but without an active account. According to the City,
"Stand-by fees allow the City to identify any unexpected activity, such as a leak, as well as maintain the
infrastructure that delivers services to your property and allows you to continue to reserve capacity in
our system."
4. Redevelopment Tax Incentive Programs.
The City of Yakima created a tax incentive program, as authorized by Chapter 84.14 RCW, for New and
Rehabilitated Multiple -Unit Dwellings in Urban Centers, focused on the development of multi -unit
housing in the city's urban centers.
5. Public / Private Partnerships for Redevelopment.
A few of the larger cities have utilized public / private partnerships to effectuate the redevelopment of
areas that may be underserved. For example, the City of Kennewick partnered with a private
developer to construct the Tri-Cities Coliseum in the 1990s. More recently, the City of Sammamish
partnered with the YMCA to fund the construction of the Sammamish Community and Aquatic Center,
which is currently operated by the YMCA pursuant to a management contract.
The City of Port Orchard's Community Event Center, which is a collaboration with Kitsap Regional
Library and Kitsap Public Facilities District, is the result of a similar arrangement although all parties
are public agencies.
6. Acquire Vacant Properties for a Public Purpose.
Pursuant to RCW 35.23.452, the City Council is empowered to purchase, lease, or otherwise acquire
real estate "necessary or proper for municipal purposes." The City may utilize its power to purchase
vacant properties where there is an identified public purpose for the property.
Relationship to Comprenhensive Plan: Chapter 2: Land Use and Chapter 6: Economic Development
Recommendation: Discuss.
Alternatives: There are a wide variety of tools available for discussion. This discussion focuses on
some of the more common tools utilized by municipalities in Washington.
Attachments:
Spokane Regulations.pdf
Yakima.pdf
Sequim.pdf
Chapter 16.08 LMC.pdf
Chapter 15.40 AMC.pdf
Chapter 16.16 EMC.pdf
Vacant Buildings - SDCI _ seattle.gov.pdf
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9/13/24, 10:05 AM Spokane Municipal Code - Section 17F.070.040: Boarded -up Building Defined
Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
Search
Home Title 17F Chapter 17F.070 Section 17F.070.040
Highlight Word
Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.040 Boarded -up Building Defined
A "boarded -up building" is a building any exterior opening of which is closed by any extrinsic device or in any manner
designed or calculated to be permanent and which gives to the building the appearance of nonoccupancy or nonuse
for an indefinite period of time. After one year a boarded -up building becomes an unfit building as provided in SMC
17 F.070.410.
Date Passed: Monday, July 18, 2005
Effective Date: Saturday, August 20, 2005
LORD C33687 Section 3
https://my.spokanecity.org/smc/?Section=17F.070.040 1/2
9/13/24, 10:05 AM Spokane Municipal Code - Section 17F.070.040: Boarded -up Building Defined
https://my.spokanecity.org/smc/?Section=l7F.070.040 2/2 9
9/13/24, 10:06 AM Spokane Municipal Code - Section 17F.070.400: Substandard Buildings
Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
Search
Home L Title 17F Chapter 17F.070 Section 17F.070.400
Highlight Word
Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.400 Substandard Buildings
In determining whether a building is a substandard or unfit for human habitation so as to require its owner to repair
and rehabilitate the building, the building official and the hearing examiner consider the number and extent of the
following factors:
A. Dilapidation: Exterior decay, water damage.
B. Structural defects: Foundation, wall and roof framing.
C. Unsanitary conditions: Waste accumulation, health hazards.
D. Defective/inoperable plumbing.
E. Inadequate weatherproofing: Siding, roofing and glazing.
F. No activated utility service for one year.
G. Inoperable or inadequate heating system.
H. Hazardous electrical conditions.
I. Structure has been boarded more than one year and no approved rehabilitation plan.
J. Structure used in the manufacture of methamphetamine or any other illegal drugs and has been condemned by
the Spokane county health district and the owner has failed to abate the nuisance condition.
K. Fire -damaged structure.
L. Defects increasing the hazards of fire, accident or other calamity.
Date Passed: Monday, March 12, 2007
Effective Date: Monday, March 12, 2007
ORD C33989 Section 1
https://my.spokanecity.org/smc/?Section=17F.070.400 1.10
9/13/24, 10:06 AM Spokane Municipal Code - Section 17F.070.400: Substandard Buildings
https://my.spokanecity.org/smc/?Section=l 7F.070.400 211
9/13/24, 10:06 AM
Spokane Municipal Code - Section 17F.070.410: Unfit Buildings
,. Spokane Municipal Code
***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of
Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control
and Animal Regulations are located in Chapters 10.62 through 10.74.
Search
Home Title 17F Chapter 17F.070J Section 17F.070.410
Highlight Word
Title 17F Construction Standards
Chapter 17F.070 Existing Building and Conservation Code
Section 17F.070.410 Unfit Buildings
The building official or hearing examiner may determine that the building/structure is unfit for human habitation and
orders demolition if any of the substandard conditions listed in SMC 17F.070.400 are found to exist to such an extent
as to be dangerous or injurious to the health or safety of the buildings occupants or community.
Date Passed: Monday, July 18, 2005
Effective Date: Saturday, August 20, 2005
ORD C33687 Section 5
L
https://my.spokanecity.org/smc/?Section=17F.070.410 1.12
9/13/24, 10:06 AM
Spokane Municipal Code - Section 17F.070.410: Unfit Buildings
https://my.spokanecity.org/smc/?Section=17F.070.410 213
Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 1 of 5
PROGRAM
Chapter 11.63
DOWNTOWN REDEVELOPMENT TAX INCENTIVE PROGRAM
Sections:
11.63.010 Purpose.
11.63.020 Short title.
11.63.025 Duly authorized administrative official.
11.63.030 Statutes adopted.
11.63.040 Residential target area designation and standards.
11.63.042 Project eligibility.
11.63.045 Application —Procedures.
11.63.100 Appeals.
11.63.010 Purpose.
The purpose of this chapter is to provide for increased residential opportunities in the city of Yakima within urban
centers where the Yakima city council determines there are insufficient housing opportunities. It is further the
purpose of this chapter to stimulate the construction of new multiple -unit housing and the rehabilitation of
existing vacant and underutilized buildings for multiple -unit housing in urban centers having insufficient housing
opportunities that will increase and improve residential opportunities within these urban centers. To achieve
these purposes this chapter provides special valuations for eligible improvements associated with multiple -unit
housing in residentially deficient urban centers. It is intended that this chapter meet all required provisions and
procedures set forth in Chapter 84.14 RCW to comport with state law. (Ord. 2017-001 § 2 (part), 2017).
11.63.020 Short title.
The following sections shall be known and may be cited as the "downtown redevelopment incentive." (Ord. 2017-
001 § 2 (part), 2017).
11.63.025 Duly authorized administrative official.
The duly authorized administrative official of the city will be the city's department economic development or an
authorized designee. (Ord. 2017-001 § 2 (part), 2017).
11.63.030 Statutes adopted.
The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or
recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 2 of 5
PROGRAM
set forth herein in full:
RCW
84.14.005 Findings.
84.14.010 Definitions.
84.14.020 Exemption —Duration —Valuation.
84.14.030 Application —Requirements.
84.14.060 Approval —Required findings.
84.14.070 Processing —Approval —Denial —Appeal.
84.14.090 Filing requirements for owner upon completion —Determination by city or county —Notice of intention
by city or county not to file —Extension of deadline —Appeal.
84.14.100 Report —Filing.
84.14.110 Cancellation of exemption —Notice by owner of change in use —Additional tax —Penalty —Interest —
Lien —Notice of cancellation —Appeal —Correction of tax rolls.
(Ord. 2017-001 § 2 (part), 2017).
11.63.040 Residential target area designation and standards.
A. Criteria. Following a public hearing, the city council may, in its sole discretion, designate one or more
residential target areas. Each designated target area must meet the following criteria, as determined by the city
council:
1. The target area is located within a designated urban center;
2. The target area lacks sufficient available, desirable, and convenient residential housing to meet the
needs of the public who would likely live in the urban center if desirable, attractive, and livable places were
available; and
3. The provision of additional housing opportunities in the target area will assist in achieving the following
purposes:
(a) Encourage increased residential opportunities within the target area;
(b) Stimulate the construction of new multiple -unit housing and the rehabilitation of existing vacant
and underutilized buildings for multifamily housing;
(c) Stimulate the historically sensitive reuse of vacant and underutilized upper floors of urban center
commercial space for permanent residential living;
(d) Encourage mixed -use development or redevelopment of buildings in the identified areas of the
urban center presently containing retail and commercial uses that would support downtown residential
living on the ground floors and would provide permanent residential housing on the upper floors.
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 3 of 5
PROGRAM
In designating a residential target area, the city council may also consider other factors, including, but not limited
to: whether additional housing in the target area will attract and maintain a significant increase in the number of
permanent residents; whether an increased residential population will help alleviate detrimental conditions and
social liability in the target area; and whether an increased residential population in the target area will help to
achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020. The city council
may, by ordinance, amend or rescind the designation of a residential target area at any time pursuant to the
same procedure as set forth in this chapter for original designation.
B. Target Area Standards and Guidelines. For each designated residential target area within an urban center
the city council shall adopt standards and guidelines, as required by RCW 84.14.040(5), for both new
construction and rehabilitation, including any area -specific application procedures that may be required in
addition to the standard application process described herein. The requirements for a particular development
plan (hereinafter "project") shall be relative to the size of the proposed development and the tax benefit to be
obtained. In addition to the specific guidelines set forth in YMC 11.63.042, the city council adopts the following
guidelines applicable to the specific projects at issue in this chapter:
Minimum Investment. Each project must represent an investment of a minimum of twenty-five
thousand dollars per unit.
2. Relocation. The project shall not result in residential displacement and shall not be considered for
approval unless all relocation obligations required by state and federal law are satisfied.
3. Ground Floor Space. The program is not available for projects that plan to convert existing ground floor
commercial space (occupied or vacant) to housing, unless approved by way of specific waiver from city
council. The city council encourages the use of ground floor spaces for retail and commercial uses that are
supportive of downtown residential living in urban center residential projects approved under this program.
4. Reuse and Conversion. The program encourages the conversion and rehabilitation of the upper stories
of urban center buildings for residential use.
C. Designated Target Areas. The boundary of the "residential target area" subject to this chapter is the
boundary of that portion of the urban center set forth below and indicated on the map identified as Exhibit "A,"
attached to the ordinance codified in this chapter and incorporated herein by this reference, which are on file in
the city clerk's office.
Beginning at the intersection of East Martin Luther King Jr. Blvd and North 6th Street; then south to
the intersection of South 6th Street and East Walnut Street; then west to the alignment of the BNSF
railroad tracks; then north to the alignment of West Chestnut Street; then west along the alignment of
West Chestnut Avenue to South 7th Avenue; then north to East A Street; then east along the
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 4 of 5
PROGRAM
alignment of West A Street to the alignment of the BNSF railroad tracks; then north to the alignment of
East Martin Luther King Boulevard; then east to point of beginning.
(Ord. 2017-010 § 1, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.042 Project eligibility.
A proposed project must meet the following requirements for consideration for a property tax exemption:
Location. The project must be located within a residential target area, as designated in YMC 11.63.040(C).
2. Tenant Displacement Policy. Existing dwelling units proposed for rehabilitation must have been unoccupied
for a minimum of twelve months prior to submission of an application and must have one or more violations of
the city's minimum housing code, or the project shall not displace existing residential tenants of structures that
are proposed for redevelopment prior to a demonstration that all relocation obligations set forth in and required
by state and federal laws have been complied with. Applications for new construction cannot be submitted for
vacant property upon which an occupied residential rental structure previously stood, unless a minimum of
twelve months has elapsed from the time of most recent occupancy.
3. Size. The project must include at least four units of multiple -unit housing within a residential structure or as
part of a mixed -use development. A minimum of four new units must be constructed or at least four additional
multiple -units must be added to existing occupied multiple -unit housing. Existing multiple -unit housing that has
been vacant for twelve months or more shall not be required to provide additional units so long as the project
provides at least four units of new, converted, or rehabilitation multifamily housing.
4. Permanent Residential Housing. One hundred percent of the space designated for multiple -unit housing
must be provided for permanent residential occupancy, as defined in RCW 84.14.010(13).
5. Proposed Completion Date. New construction multiple -unit housing and rehabilitation improvements must be
scheduled to be completed within three years from the date of application approval.
6. Compliance with Guidelines and Standards. The project must be designed to comply with the city's
comprehensive plan, building, housing, and zoning codes, and any other applicable regulations in effect at the
time the application is approved. Rehabilitation and conversion improvements must comply with the city's
minimum housing code. New construction must comply with the International Building Code (IBC). The project
must also comply with any other standards and guidelines adopted by the city council for the residential target
area in which the project will be developed. (Ord. 2017-010 § 2, 2017: Ord. 2017-001 § 2 (part), 2017).
11.63.045 Application —Procedures.
A property owner who wishes to propose a project for a tax exemption under this chapter shall complete the
following procedures:
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Yakima Municipal Code Chapter 11.63 DOWNTOWN REDEVELOPMENT TAX INCENTIVE Page 5 of 5
PROGRAM
An applicant desiring to make use of this program shall file with the city's planning and development
services department the required application, together with the required fees. The initial application fee to the city
shall consist of a base fee of zero dollars, plus zero dollars per multiple -unit, up to a maximum total fee to the
city of zero dollars. An additional one -hundred -dollar fee to cover the Yakima County assessor's administrative
costs shall also be paid to the city. If the application shall result in a denial by the city, the city shall retain that
portion of the fee attributable to its own administrative costs and refund the balance to the applicant.
2. A complete application shall include:
(a) A completed city of Yakima application form setting forth the grounds for the exemption;
(b) Preliminary floor and site plans of the proposed project;
(c) A statement acknowledging the potential tax liability when the project ceases to be eligible under this
chapter; and
(d) Verification by oath or affirmation of the accuracy and completeness of the information submitted.
For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been
unoccupied for a period of twelve months prior to filing the application, or verifiable evidence that all state and
federal laws regarding residential displacement have been complied with, and shall secure from the city written
verification of property noncompliance with the city's minimum housing code. (Ord. 2017-001 § 2 (part), 2017).
11.63.100 Appeals.
A. An appeal denying an application filed under this chapter may be appealed by the applicant by requesting a
hearing before the city's hearing examiner, as provided by RCW 84.14.070(4).
B. Within thirty days of receipt of the director's denial of a final certificate of tax exemption, the applicant may
request an open record appeal before the city's hearing examiner, as provided in YMC 16.08.020 and RCW
84.14.090, at which all affected parties may be heard and all competent evidence received. The hearing
examiner will affirm, modify, or repeal the decision to deny the issuance of a final certificate of tax exemption
based on the evidence received.
C. Within thirty days of receipt of a cancellation of exemption, the applicant may request an open record
appeal before the city's hearing examiner, as provided in YMC 16.08.020 and RCW 84.14.110, at which all
affected parties may be heard and all competent evidence received. (Ord. 2017-010 § 3, 2017).
The Yakima Municipal Code is current through Ordinance 2024-021, passed August 5, 2024.
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Sequim Municipal Code Chapter 13.16 WATER SERVICE REGULATIONS Page 1 of 2
Chapter 13.16
WATER SERVICE REGULATIONS
Sections:
13.16.010 Acceptance of application —Contract.
13.16.020 Additional contracts.
13.16.030 Rates, rules and regulations subject to change.
13.16.040 Notice of vacation of premises.
13.16.050 Water to be used only for stated purposes.
13.16.060 Right of city to make special contracts.
13.16.010 Acceptance of application — Contract.
In case the premises of the applicant for water service are connected as a result of his application being
accepted, the application given in writing shall be considered as a contract in which the applicant agrees to abide
by such rates, rules and regulations as are in effect at the time of signing the application or as may be adopted
thereafter by the city, and to pay all bills promptly. (Ord. 164 § 3, 1953)
13.16.020 Additional contracts.
When a customer's requirements for water are unusual or large or necessitate special or reserve equipment or
special consideration, the city may require a contract for an extended period and may also require the person or
customer to furnish security satisfactory to the city to protect the city against loss and to guarantee the
performance of the provisions of the contract. (Ord. 164 § 3, 1953)
13.16.030 Rates, rules and regulations subject to change.
Except for special contracts, which specify the length of time to which the contract rate shall be extended, all
rates, rules and regulations are subject to change or modification by the city without notice. (Ord. 164 § 3, 1953)
13.16.040 Notice of vacation of premises.
Each customer about to vacate any premises supplied with water service by the city shall give notice of his
intended removal at least two days prior thereto, specifying the date and hour service is desired to be
discontinued; otherwise he will be responsible for all water supplied to the premises until the city water
department shall have notice of such removal. No remission of rates will be made for a period of less than 20
days from the date such notice is given. (Ord. 164 § 3, 1953)
13.16.050 Water to be used only for stated purposes.
No person supplied water from the city mains shall be entitled to use it for any other purpose than stated in the
The Sequim Municipal Code is current through Ordinance 2024-029, passed July 22, 2024.
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Sequim Municipal Code Chapter 13.16 WATER SERVICE REGULATIONS Page 2 of 2
application, or supply in any way other persons or premises. (Ord. 164 § 3, 1953)
13.16.060 Right of city to make special contracts.
The city reserves the right to make special contracts, the provisions and conditions of which may be different
from or have exceptions to the regular published schedules. Such special contracts shall be in writing and
signed by the proper customer and the city. (Ord. 164 § 3, 1953)
The Sequim Municipal Code is current through Ordinance 2024-029, passed July 22, 2024.
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Ch. 16.08 Regulation and Abatement of Unsafe and Unsanitary Structures I Lynnwood Municipal Code Page 1 of 10
Chapter 16.08
REGULATION AND ABATEMENT OF UNSAFE AND UNSANITARY
STRUCTURES
Sections:
16.08.200
Purpose and findings.
16.08.210
Definitions.
16.08.220
Duties of the director.
16.08.230
Unfit buildings.
16.08.240
Substandard buildings.
16.08.250
Nuisances.
16.08.260
Complaint.
16.08.270
Hearings before the hearing examiner.
16.08.290
Enforcement.
16.08.300
Costs.
16.08.310
Permit required.
16.08.320
Rules and regulations.
16.08.330
Violations.
16.08.340
Emergencies.
16.08.200 Purpose and findings.
The city council of the city of Lynnwood finds that unkempt, unsafe, unsanitary, and otherwise improperly
maintained premises and structures, sidewalks, and easements within the city of Lynnwood, in addition to the
obvious hazards which these conditions pose to the public health, safety, and welfare, adversely affect the value,
utility, and habitability of the property within the city as a whole and specifically cause substantial damage to
adjoining and nearby property. A property which is merely unkempt may substantially reduce the value of
adjoining and nearby property and there are sufficient properties which are unkempt, unsightly and dangerous,
that the habitability and economic well-being of the city are materially and adversely affected. This chapter
conveys to the city administration, in accordance with the procedures set out below, all necessary and proper
powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to
those responsible, the owners and occupants of the property upon which nuisances exist, and those properties
themselves. This chapter is an exercise of the city's police power, and it shall be liberally construed to effect this
purpose. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.210 Definitions.
Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter
have the meaning given them by the currently adopted edition of the International Building Code. Gender and
number are interchangeable. Defined terms or concepts from this title generally apply to this chapter.
A. "Abandoned" means any property, real or personal, which is unattended and either open or unsecured so
that admittance may be gained without damaging any portion of the property, or which evidences indicate that no
person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in
the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to
possession is not conclusive in determining that property is abandoned.
B. "Boarded -up building" means any building the exterior openings of which are closed by extrinsic devices or
some other manner designed or calculated to be permanent, giving to the building the appearance of
nonoccupancy or nonuse for an indefinite period of time.
C. "Building" means any building, dwelling, structure, or mobile home, factory -built house, or part thereof, built
for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.
D. "Director" means the applicable director of a city department, that director's authorized deputies and
representative.
E. "Health officer" means the head of the Snohomish District health department, his authorized deputies or
representatives.
F. "Nuisance" includes:
A nuisance defined by statute or ordinance;
2. A nuisance at common law either public or private;
3. An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and
whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and
constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or refrigerators with
doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other
equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;
4. Uncleanliness or whatever is dangerous to human life or detrimental to health; or
5. Abandonment or vacancy.
G. "Owner" means any person having any interest in the real estate in question as shown upon the records of
the office of the Snohomish County auditor, or who establishes his interest before the director or hearing
examiner. For the purpose of giving notice, the term "owner" also includes any person in physical possession.
(Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.220 Duties of the director.
The director is the chief administrative officer for the purposes of this chapter, whose duties and powers include:
A. Investigation of all buildings and premises for which there are reasonable grounds to believe such may be
unfit, substandard, boarded up, or a nuisance;
B. Preparation, service and posting of complaints against buildings or premises believed to be in violation; and
C. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 3006 § 8 (Exh. H), 2013;
Ord. 2012 § 1, 1994)
16.08.230 Unfit buildings.
A. In reaching a judgment that a building is unfit for human habitation, the director or the hearing examiner
shall consider:
1. Dilapidation;
2. Disrepair;
3. Structural defects;
4. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in
such manner as to be likely to fall and cause damage or injury;
5. Inadequate ventilation;
6. Uncleanliness;
7. Inadequate light;
8. Inadequate sanitary facilities;
9. Inadequate drainage;
10. Substandard conditions.
B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of
the building's occupants, or the occupants of neighboring buildings or of other residents of the city of Lynnwood,
and if:
1. Structural deterioration is of such degree that:
a. Vertical members list, lean or buckle to the extent that a plumb line passing through the center of
gravity falls outside the middle third of its base; or
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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b. Thirty-three percent of the supporting members show damage or deterioration; or
2. The cost of restoration exceeds 60 percent of the value of the building; or
3. The building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of
the value of the building and it has remained vacant for six months or more; the director or the hearing
examiner shall order the building or premises demolished and the land suitably filled and cleared, or shall
order the property immediately vacated and secured as completely as possible pending demolition. (Value
shall be determined by reference to a current edition of "Building Valuation Data" published by the
International Conference of Building Officials or, if not published, as determined by the director. Cost of
restoration is the actual estimated cost, which may be determined in the same manner as "value.")
C. An undertaking entered into at or prior to the hearing by a party in interest creates a presumption that the
building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the
director or the hearing examiner to order demolition. If by reason of any of the above conditions a building is
unfit, but no public necessity is found for its immediate demolition, the director or the hearing examiner may take
other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which
will promote the public health, safety or general welfare. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2010 § 1, 1994)
16.08.240 Substandard buildings.
A. In reaching a judgment that a building or premises is substandard, the director and the hearing examiner
shall be guided by such factors as:
1. Structural unsoundness;
2. Improper sanitation;
3. Improper safety;
4. Improper weatherproofing;
5. Defective or hazardous wiring, including wiring which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good condition; or
C. Is not being used in a safe manner;
6. Defective or hazardous plumbing, including plumbing which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good condition; or
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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C. Is not being used in a safe manner;
7. Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:
a. Did not conform with law applicable at the time of installation; or
b. Has not been maintained in good and safe condition;
8. Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or
vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity
thereof,
9. Nuisance.
B. Upon a finding by the director or hearing examiner that a building or premises is substandard, the director or
hearing examiner shall order the building or premises repaired, cleaned, cleared or otherwise brought into
compliance with current codes, and may order the property vacated and secured as completely as possible
pending such repair or other action. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.250 Nuisances.
A. In determining that a nuisance exists, the director and the hearing examiner will consider whether the
conditions:
Injure, endanger or unreasonably annoy the comfort, repose, health or safety of others;
2. Offend decency;
3. Offend the senses;
4. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway,
square, street, sidewalk, easement or way;
5. Render others insecure in life or use of property;
6. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or
property;
7. Constitute a weed hazard;
8. Violate any provision of this code, especially LMC Titles 7, 10, and 16; or
9. Are unlawful or illegal.
B. If the director or hearing examiner finds a nuisance to exist, they shall order it abated and may order the
property otherwise secured pending abatement. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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16.08.260 Complaint.
If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard,
boarded -up, required to be boarded -up, or a nuisance, he or she shall cause the owners to be served, either
personally or by first class and certified mail with return receipt requested, and shall post in a conspicuous place
on such property a complaint stating in what respect such building is unfit for human habitation or other use or is
substandard or that it is or should be a boarded -up building or that the premises is a nuisance. If the whereabouts
of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he or
she shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be
made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid,
return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the
county, or at the address known to the county assessor. A copy of the notice and order shall also be mailed,
addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. Such
complaint shall contain a notice that a hearing will be held before the hearing examiner at a place therein fixed,
not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be
given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the
time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Snohomish
County, and such filing of the complaint and order shall have the force and effect of lis pendens. (Ord. 3006 § 8
(Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.270 Hearings before the hearing examiner.
A. Unless, prior to the time fixed for hearing in the complaint issued by the hearing examiner, arrangements
satisfactory to the hearing examiner for the repair, demolition, vacation or reoccupancy of the building or
premises are made, including the proper application for permits, or abatement of the nuisance, the hearing
examiner shall hold a hearing in accordance with Process II, LMC 1.35.200 et seq., and this chapter for the purpose
of determining the immediate disposition of the building or premises. The hearing examiner shall determine
whether or not the building is an unfit building as defined by LMC 16.08.230, or whether the building is a
substandard or boarded -up building as defined by LMC 16.08.230 and 16.08.240, or if the condition is a nuisance
under LMC 16.08.250. The rules of evidence prevailing in courts of law or equity shall not be controlling at the
hearing before the hearing examiner. Evidence, including hearsay evidence, is admissible if in the judgment of the
hearing examiner it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the
conduct of their affairs.
B. The hearing examiner shall determine whether or not the building should be repaired or vacated in the event
that it fails to comply with any provision or provisions of LMC 16.08.230 or 16.08.240, whether or not the building
should be demolished based upon the specific requirements of LMC 16.08.230, whether an annual inspection fee
is due or a building should be boarded -up or whether or not a nuisance should be abated under LMC 16.08.250.
C. If, after the required hearing, the hearing examiner determines that the building is unfit, substandard or
boarded -up, or the condition of the building or premises is a nuisance, the examiner shall state in writing his or
her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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other appearing a copy of such findings in the manner provided in LMC 16.08.260. The examiner shall cause to be
posted an order in a conspicuous place on said property:
1. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve
such building to render it fit for human habitation or for other use, and to vacate and close the building; or
2. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve
such building to render it fit for human habitation or for other use, or to vacate and close the building; or
3. Stating that an annual inspection fee has been assessed against the building until such time as it is
reoccupied or demolished; or
4. Requiring the owner or party in interest to abate the nuisance and setting out generally those steps
necessary to abate it, including boarding -up an abandoned or vacant building. In addition, such order shall
state that the owner has the right to appeal to the superior court in accordance with RCW 1.35.260 and,
unless he does appeal or comply with the order, the city shall have the power, without further notice or
proceedings, to vacate and secure the building or premises and do any act required of the owner in the order
of the hearing examiner, and to charge any expenses incurred thereby to the owner and assess them against
the property; provided, that if an annual inspection fee is the only order made by the hearing examiner, the
addition to the notice need only state that unless the fee is paid or arrangements for payment are made or an
appeal filed, that amount will be assessed against the property.
D. If no appeal is filed, a copy of such order shall be filed with the auditor of Snohomish County and shall be a
final order. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.290 Enforcement.
A. The order of the director or the hearing examiner may prescribe times within which demolition shall be
commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time
is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to
be suitably filled and cleared. If satisfactory progress has been made and sufficient evidence is presented that the
work will be completed within a reasonable time, the director or the hearing examiner may extend the time for
completion of the work. If satisfactory or substantial progress has not been made, the director or the hearing
examiner may cause the building to be demolished and the premises suitably filled and cleared.
B. If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if
no time is specified within the time for appeal, the director or the hearing examiner may cause the action to be
taken by the city.
C. If the director or the hearing examiner deems it necessary to have the building secured as an interim
measure for the protection of the public health and welfare while pending action, they may so order. If the owner
is unable or unwilling to secure the building within 48 hours, the director or the hearing examiner may order the
building secured by the city.
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D. If the owner is unable to comply with the director or hearing examiner's order within the time required, and
the time for petition to the superior court has passed, the owner may, for good and sufficient cause beyond his or
her control, request in writing an extension of time. The director or the hearing examiner may grant a reasonable
extension of time after a finding that the delay was for good and sufficient cause. There shall be no appeal or
petition from the director's or the hearing examiner's ruling on an extension of time. (Ord. 3006 § 8 (Exh. H), 2013;
Ord. 2012 § 1, 1994)
16.08.300 Costs.
A. 1. The costs of abatement, repair, alteration or improvements, or vacating and closing, or removal or
demolition, when borne by the city, shall be assessed against the real property upon which such costs were
incurred unless paid. The director or the hearing examiner shall forward such costs to the city treasurer, who
shall certify them to the county treasurer for assessment on the tax rolls in accordance with Chapter 35.80
RCW.
2. When necessary, bids for demolition shall be let only to a licensed contractor. All contract documents
shall provide that the value of the materials and other salvage of the property shall be credited against the
costs of the demolition. The contract documents may require the contractor to estimate the salvage value of
the property and, by claiming the salvage, reduce the amount of his price accordingly. The contract price fixed
by acceptance of the contract shall not be adjusted to reflect the actual salvage value. Such contracts may be
let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for
demolition is final. The director shall have the authority to sign the contract on behalf of the city.
3. There shall be charged against the owner and assessed against the property of any boarded -up building
an annual inspection fee as shown in Chapter 3.104 LMC.
a. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing
examiner or director shall order a refund of the proportional amount not due if the building is
reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual
fee has been exhausted.
b. The director or the hearing examiner may waive the inspection fee if the building does not remain a
boarded -up building for more than six months. In other cases, the director or hearing examiner may
reduce or modify the time and method of payment of the fee as the condition of the property or the
circumstances of the owner may warrant.
B. 1. Whenever a building is found to be unfit or substandard or a premises to be a nuisance and the cost of
demolition, repair or abatement must be borne by the city, there shall be charged against the owner and
assessed against the property the costs for all administrative proceedings before the director and the hearing
examiner including salaries, wages, material and other expenses incurred for inspecting, conducting hearings,
or otherwise determining the status of the property.
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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2. The director or the hearing examiner may modify the time or methods of payment of such expenses as
the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship,
such expenses may be waived. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2656 §§ 1, 2, 2006; Ord. 2012 § 1, 1994)
16.08.310 Permit required.
Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure
may require a permit in accord with the provisions of this code. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.320 Rules and regulations.
The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter
and do substantial justice. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.330 Violations.
It shall be unlawful and a violation of this chapter to knowingly:
A. Occupy or suffer to be occupied any building or premises ordered vacated;
B. Fail to comply with any order issued pursuant to this chapter; or
C. Obstruct any officer or agent of the city of Lynnwood or other governmental unit in the enforcement of this
chapter. Violation of this section is a gross misdemeanor. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1, 1994)
16.08.340 Emergencies.
The provisions of this chapter shall not prevent the director or any other officer of the city of Lynnwood or other
governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an
imminent danger to the health or safety of any person or property. (Ord. 3006 § 8 (Exh. H), 2013; Ord. 2012 § 1,
1994)
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
Disclaimer: The city clerk's office has the official version of the Lynnwood Municipal Code. Users should contact the
city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.lynnwoodwa.gov
Hosted by General Code.
The Lynnwood Municipal Code is current through Ordinance 3464, passed July 22, 2024.
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Chapter 15.40
MAINTENANCE OF VACANT BUILDINGS IN THE DOWNTOWN PARKING
AND BUSINESS IMPROVEMENT DISTRICT
Sections:
15.40.010
Scope.
15.40.020
Administration.
15.40.030
Definitions.
15.40.040
General minimum maintenance requirements.
15.40.050
Vacant commercial space registration.
15.40.060
Window displays for commercial buildings not occupied for thirty (30) days.
15.40.070
Fees for vacant commercial space registration.
15.40.080
Delinquent registration fees —Collection.
15.40.090
Duty to amend registration statement.
15.40.100
Inspections.
15.40.110
Enforcement.
15.40.120
Annual report.
15.40.130
Severability.
15.40.010 Scope.
The provisions of this chapter apply to all structures in the downtown parking and business improvement district
boundary, extending west to Park Street. All responsible persons (as defined in Section 15.40.030) shall comply
with the requirements of this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.020 Administration.
This chapter will be administered by the community development department, who may adopt administrative
rules and regulations consistent with its terms. The community development director (and his or her designee) are
authorized to enforce this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
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15.40.030 Definitions.
For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
A. "City" means the city of Aberdeen, its officers, employees, and agents.
B. "Commercial space" means any commercial building within the downtown parking and business
improvement district.
C. "Occupied" means a commercial building with a permitted use physically located and lawfully operating in the
space for at least six (6) consecutive months in the previous two (2) years.
D. "Responsible person" means any person, firm, association, corporation, or any agent or subsidiary thereof
owning, leasing, renting or otherwise having lawful possession or ownership of a structure in the downtown
parking and business improvement district.
E. "Downtown parking and business improvement district" means the DPBID in the city of Aberdeen as defined
in Chapter 3.100.
F. "Vacant commercial buildings" means any portion of a street -level commercial space that, on or after July 1,
2023, is not occupied and has not been occupied.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each structure they own, lease, rent or lawfully
possess:
A. Maintain all exterior surfaces, including but not limited to doors, windows, door and window frames, cornices,
porches, trim, balconies, decks, and fences, in good condition, free of missing fence posts, holes or gaps, missing
pieces, etc.
B. If a window glass or door glass is broken or missing or doors and locks are not secure, building owners must
install plywood to secure the structure. Plywood may not remain in place for more than seventy-two (72) hours or
as such extension that may be granted by the community development director. Building owners are required to
replace broken glass with new glass or a hardened polycarbonate covering. Building owners may show proof of
purchase for an extension of time if needed.
C. Protect exterior wood surfaces, other than decay -resistant woods, from the elements and decay with paint or
other protective covering or treatment. If protection of the surface is compromised, restore adequate protection
within a reasonable time; for example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
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D. Cause all siding and masonryjoints and joints between building envelopes and perimeters of windows, doors,
and skylights to be weather -resistant and watertight.
E. Coat all metal surfaces subject to rust or corrosion, except those designed to be stabilized by oxidation, to
inhibit rust and corrosion; after first stabilizing any existing rust and corrosion and remove oxidation stains from
exterior surfaces.
F. Maintain all exterior walls free from graffiti, moss, algae, dirt, grime, holes, breaks and loose or decaying
materials. Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration.
G. Maintain roofs and flashing of all structures in a fashion that is sound, tight, and free of moss, algae or
defects that admit rain, attract pests, or create a public nuisance. Maintain adequate roof drainage to prevent
dampness and deterioration in the walls and inside the structure, maintain roof drains, gutters and downspouts in
good repair and free from obstructions.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.050 Vacant commercial space registration.
A. At least one (1) responsible person for each vacant commercial building must register that building with the
city within ten (10) calendar days of the date the space becomes a vacant commercial building, as that term is
defined in Section 15.40.030, unless:
1. The space is the subject of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the repair or rehabilitation is
proceeding without significant delay; or
2. The space meets all applicable codes and regulations that apply to a permitted use, and the responsible
person is actively attempting to sell, lease or rent the property (which is evidenced, in part, by appropriate
signage); or
3. The property the commercial building is located on is the subject of a land use application for
redevelopment for which approval has been granted but building permits have yet to be issued.
B. A space will be considered registered on the date the city received, on a form provided by the community
development department and properly completed and signed by a responsible person, the following information:
The street address and parcel number of the vacant commercial building;
2. The name, address, email and daytime and evening telephone numbers of each responsible person for
the vacant commercial building, including any owner or tenant;
3. The period of time the vacant commercial building is expected to remain vacant; and
4. Any other information requested by the director for the administration of this chapter.
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C. A responsible person must post a notice as provided by the community development department in a
conspicuous spot inside every vacant commercial building so as to be clearly visible to all potential tenants,
lessees, renters or buyers upon entering the space but not visible from outside the space.
D. A responsible person must renew the registration of each vacant commercial building on or before January
1 st of each year that the space remains vacant. A responsible person must submit the renewal application to the
city on forms provided by the community development department.
E. Upon satisfactory proof to the director that the vacant commercial building is occupied as defined in Section
15.40.030, the vacant commercial building will be unregistered. Proof of physical occupation may include, but is
not limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the space
that is consistent with the building's intended use, and persons regularly present at and using the building for its
intended use. Proof of physical occupancy must also include documentation, which may include, but is not limited
to, a current, executed lease agreement, paid utility receipts reflecting payments for six (6) consecutive months
from the month the space is occupied, or valid state and local business licenses, federal income tax or city
business and occupation tax statements indicating the subject space is the official business address of the person
or business address of the person or business claiming occupancy.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.060 Window displays for commercial buildings not occupied for thirty
(30) days.
When commercial buildings are not occupied for more than thirty (30) days, a responsible person must take steps
to maintain a vibrant streetscape and avoid adverse impacts on neighborhood character by applying at least one
(1) of the following measures to all ground -floor windows that face sidewalks, streets or public open space:
A. Paint windows with visually appealing scenes depicting or suggesting business or cultural activities;
B. Display works of art or provide other displays of cultural or educational value, using background panels or
other methods to screen views from the street; or
C. Other measures consistent with these examples approved by the director.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.070 Fees for vacant commercial space registration.
At least one (1) responsible person shall pay an annual registration fee for each registered vacant commercial
building. At least one (1) responsible person must pay the fee to the city at the time the space is registered and on
January 1 st of each year that the space remains vacant. All fees are set by resolution.
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
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Aberdeen Municipal Code 6
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.080 Delinquent registration fees —Collection.
If a responsible person fails to pay the registration and inspection fees by the due date, the city is authorized to
take action to collect all fees, including filing civil actions or turning the matter over to collection, in which cases
costs incurred by the city because of the collection process will be assessed to the responsible person or
responsible persons in addition to the registration and inspection fees.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.090 Duty to amend registration statement.
Responsible persons for any registered vacant commercial building shall advise the director, in writing, of any
changes to the information on the registration form within thirty (30) days of the occurrence of the change.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.100 Inspections.
The building official and his or her designees are authorized to conduct inspections to enforce the provisions of
this chapter.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.110 Enforcement.
A. Enforcement of the provisions of this chapter will be performed in accordance with Section 15.10.050.
B. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible
person commits a separate offense for each and every day a violation is committed in violation of any provision of
this chapter.
C. All responsible persons for a commercial building are jointly and severally responsible with respect to that
commercial building for compliance with the provisions of this chapter and for any payments that they may be
required to make to the city under this chapter. If the commercial building is subject to a lease, the city shall have
the discretion to determine whether to enforce this chapter against the commercial building owner, the tenant or
both.
(Ord. 6700 § 1, Added, 07/12/2023)
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
35
Ch. 15.40 Maintenance of Vacant Buildings in the Downtown Parking and Business Improvement District I Page 6 of
Aberdeen Municipal Code 6
15.40.120 Annual report.
The director shall make an annual report to the city council in January of every odd year on the status of the
vacant commercial building registration program.
(Ord. 6700 § 1, Added, 07/12/2023)
15.40.130 Severability.
The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this
chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses or phrases of this chapter, and they shall remain in effect, it being the
legislative intent that this chapter shall stand notwithstanding the invalidity of any part.
(Ord. 6700 § 1, Added, 07/12/2023)
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
Disclaimer: The city clerk's office has the official version of the Aberdeen Municipal Code. Users should contact the
city clerk's office for ordinances passed subsequent to the ordinance cited above.
City Website: www.aberdeenwa.gov
City Telephone: (360) 537-3231
Hosted by General Code.
The Aberdeen Municipal Code is current through Ordinance 6711, passed July 31, 2024.
36
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 1 of 6
Chapter 16.16
MAINTENANCE OF VACANT COMMERCIAL SPACE IN THE CENTRAL
1*11101 *1SIMM"101141
Sections:
16.16.010
Scope.
16.16.020
Administration.
16.16.030
Definitions.
16.16.040
General minimum maintenance requirements.
16.16.050
Vacant commercial space registration.
16.16.060
Window displays for commercial spaces not occupied for thirty days.
16.16.070
Fees for vacant commercial space registration.
16.16.080
Delinquent registration fees —Collection.
16.16.090
Duty to amend registration statement.
16.16.100
Inspections.
16.16.110
Enforcement.
16.16.120
Annual report.
16.16.010 Scope.
The provisions of this chapter apply to all structures in the urban mixed zone (UM zone), unless otherwise stated.
All responsible persons (as defined in Section 16.16.030) shall comply with the requirements of this chapter. (Ord.
3617-18 § 7, 2018; Ord. 3127-09 § 1, 2009.)
16.16.020 Administration.
This chapter will be administered by the building official, who may adopt administrative rules and regulations
consistent with its terms. The building official (and the building official's designee), or code enforcement officers,
or both are authorized to enforce this chapter. (Ord. 3127-09 § 2, 2009.)
16.16.030 Definitions.
For the purposes of this chapter:
"City" means the city of Everett, its officers, employees, and agents.
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
37
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 2 of 6
"Commercial space" means any portion of a structure in the urban mixed zone that is not intended for residential
use.
Occupied. A commercial space is considered occupied if a permitted, nonresidential use is physically located and
lawfully operating in the space for at least six consecutive months.
"Responsible person" means any person, firm, association, corporation or any agent thereof owning, leasing,
renting or having lawful possession of a structure in the urban mixed zone.
"Urban mixed zone" means the UM zone in the city of Everett as defined by the Everett zoning code, Title 19.
"Vacant commercial space" means any portion of a street -level commercial space that, on or after September 1,
2009, is not occupied and has not been occupied during the preceding ninety days. (Ord. 3617-18 § 8, 2018; Ord.
3127-09 § 3, 2009.)
16.16.040 General minimum maintenance requirements.
All responsible persons shall perform the following with respect to each structure they own, lease, rent or lawfully
possess:
A. Maintain all exterior surfaces, including but not limited to doors, windows, door and window frames, cornices,
porches, trim, balconies, decks, and fences, in good condition.
B. Protect exterior wood surfaces, other than decay -resistant woods, from the elements and decay with paint or
other protective covering or treatment. If protection of the surface is compromised, restore adequate protection
within a reasonable time; for example, remove peeling, flaking or chipped paint and repaint the compromised
surface.
C. Cause all siding and masonryjoints and joints between the building envelope and the perimeter of windows,
doors, and skylights to be weather -resistant and watertight.
D. Coat all metal surfaces subject to rust or corrosion, except those designed to be stabilized by oxidation, to
inhibit rust and corrosion, after first stabilizing any existing rust and corrosion. Remove oxidation stains from
exterior surfaces.
E. Maintain all exterior walls free from moss, algae, dirt, grime, holes, breaks, and loose or decaying materials.
Weatherproof and properly coat the surface of all exterior walls when required to prevent deterioration.
F. Maintain the roof and flashing of all structures so that they are sound, tight, free of moss, algae or defects
that admit rain, attract pests or create a public nuisance. Maintain adequate roof drainage to prevent dampness
and deterioration in the walls and inside the structure. Maintain roof drains, gutters, and downspouts in good
repair and free from obstructions. (Ord. 3127-09 § 4, 2009.)
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
38
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 3 of 6
16.16.050 Vacant commercial space registration.
A. At least one responsible person for each vacant commercial space must register that space with the city
within 10 calendar days of the date the space becomes vacant commercial space, as that term is defined in Section
16.16.030, unless:
1. The space is the subject of a current, valid building permit for repair or rehabilitation and the responsible
person provides proof, such as receipts, invoices or executed contracts, that the repair or rehabilitation is
proceeding without significant delay; or
2. The space meets all applicable codes and regulations that apply to a permitted nonresidential use, and
the responsible person is actively attempting to sell, lease, or rent the property (which is evidenced, in part, by
appropriate signage); or
3. The property the commercial space is located on is the subject of a land use application for
redevelopment for which approval has been granted, but building permits have yet to be issued.
B. A space will be considered to be registered on the date the city receives, on a form provided by the building
official and properly completed and signed by a responsible person, the following information:
The street address and parcel number of the vacant commercial space;
2. The name, address, and daytime and evening telephone numbers of each responsible person for the
vacant commercial space, including any owner or tenant;
3. The period of time the vacant commercial space is expected to remain vacant;
4. Any other information requested by the building official for the administration of this chapter.
C. For every registered vacant commercial space, a responsible person must record a notice that the space is
registered with the city as a vacant commercial space with the Snohomish County auditor. The notice must be
approved by the building official, and a copy of the recorded notice must be received by the city no later than
thirty days from the date the space is registered.
D. A responsible person must post the following notice inside every vacant commercial space so as to be clearly
visible to all potential tenants, lessees, renters or buyers upon entering the space but not visible from outside the
space:
This Vacant Commercial Space is registered with the City of Everett.
This Vacant Commercial Space may not meet all applicable codes and regulations, which may include
codes and regulations required to occupy the space for a permitted use in the Urban Mixed Zone.
The Vacant Commercial Space was registered on [date]
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
39
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 4 of 6
E. A responsible person must renew the registration of each vacant commercial space on or before January 1st
of each year that the space remains vacant. A responsible person must submit the renewal application to the city
on forms provided by the building official.
F. Upon satisfactory proof to the building official that the vacant commercial space is occupied as defined in
Section 16.16.030, the vacant commercial space will be unregistered. Proof of physical occupation may include,
but is not limited to, usable furniture, office equipment, retail inventory or other equipment and inventory in the
space that are consistent with the unit's intended use, and persons regularly present at and using the space for its
intended use. Proof of physical occupancy must also include documentation, which may include, but is not limited
to, a current, executed lease agreement, paid utility receipts reflecting payments for six consecutive months from
the month the space is occupied, or valid state and local business licenses, federal income tax or city business and
occupation tax statements indicating the subject space is the official business address of the person or business
claiming occupancy.
G. The determination of the number of vacant commercial spaces a structure contains will be at the reasonable
discretion of the building official. (Ord. 3617-18 § 9, 2018; Ord. 3127-09 § 5, 2009.)
16.16.060 Window displays for commercial spaces not occupied for thirty
days.
When commercial space is unoccupied for more than thirty days, a responsible person must take steps to
maintain a vibrant streetscape and avoid adverse impacts on neighborhood character by applying at least one of
the following measures to all ground -floor windows that face sidewalks, streets, or public open space:
A. Paint windows with visually appealing scenes depicting or suggesting business or cultural activities;
B. Display works of art or provide other displays of cultural or educational value, using background panels or
other methods to screen views from the street of the unoccupied space;
C. Other measures consistent with these examples approved by the building official. (Ord. 3127-09 § 6, 2009.)
16.16.070 Fees for vacant commercial space registration.
A. At least one responsible person shall pay an annual registration fee for each registered vacant commercial
space. At least one responsible person must pay the fee to the city at the time the space is registered and on
January 1 st of each year that the space remains vacant. The fee will be based on the duration of the vacancy as
determined by the following scale:
Two hundred fifty dollars for each space vacant for less than one year;
2. Five hundred dollars for each space vacant for at least one year but less than two years;
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
40
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 5 of 6
3. Seven hundred fifty dollars for each space vacant for at least two years but less than three years;
4. One thousand dollars for each space vacant for at least three years and for each year thereafter until the
building is occupied.
B. The fees are intended to defray the costs of administering this section through Section 16.16.120 and may be
changed by resolution of the council to meet these costs. (Ord. 3127-09 § 7, 2009.)
16.16.080 Delinquent registration fees —Collection.
If a responsible person fails to pay the registration fee by the due date, the city is authorized to take action to
collect the registration fee, including filing civil actions or turning the matter over to collection, in which case costs
incurred by the city as a result of the collection process will be assessed to the responsible person or responsible
persons in addition to the registration fee. (Ord. 3127-09 § 8, 2009.)
16.16.090 Duty to amend registration statement.
Responsible persons for any registered vacant commercial space shall advise the building official, in writing, of any
changes to the information on the registration form within thirty days of the occurrence of the change. (Ord.
3127-09 § 9, 2009.)
16.16.100 Inspections.
The building official (and the building official's designee), or code enforcement officers, or both are authorized to
conduct inspections to enforce the provisions of this chapter. (Ord. 3127-09 § 10, 2009.)
16.16.110 Enforcement.
A. Enforcement of the provisions of this chapter will be performed in accordance with Chapter 1.20.
B. No responsible person may violate or fail to comply with any provisions of this chapter. Each responsible
person commits a separate offense for each and every day they commit, continue or permit a violation of any
provision of this chapter.
C. All responsible persons for a commercial space are jointly and severally responsible with respect to that
commercial space for compliance with the provisions of this chapter and for any payments that they may be
required to make to the city under this chapter. If the commercial space is subject to a lease, the city shall have
discretion to determine whether to enforce this chapter against the commercial space owner, the tenant or both
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
41
Ch. 16.16 Maintenance of Vacant Commercial Space in the Central Business District I Everett Municipal Code Page 6 of 6
of them, but the city shall consider in this determination whether the lease provides that the compliance with this
chapter is the responsibility of the commercial space owner or the tenant. (Ord. 3127-09 § 11, 2009.)
16.16.120 Annual report.
The building official shall make a report to the city council in January of every odd year on the status of the vacant
commercial space registration program. (Ord. 3127-09 § 12, 2009.)
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
Disclaimer: The City Clerk's Office has the official version of the Everett Municipal Code. Users should contact the
City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: www.everettwa.gov
Hosted by General Code.
The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024.
►P:
9/13/24, 10:04 AM Vacant Buildings - SDCI I seattle.gov
Seattle Department of Construction & Inspections
/ Home / Codes / Common Code Questions / Vacant Buildings
Vacant Buildings
See also: Vacant Building Standards, Weeds & Vegetation Code
What Is It?
Vacant buildings in Seattle must be secured and maintained to prevent unauthorized entry and
deterioration from the weather. Our Housing and Building Maintenance Code contains the A
City's Vacant Building Maintenance standards. 4
We may add vacant buildings to our Vacant Building Monitoring Program if: C°
• The owner does not bring them into compliance after a complaint
• The vacant building has multiple complaints
• The vacant building is in the development process
• We receive a complaint by SPD or SFD
We inspect these buildings on a monthly basis and charge owners fees ranging from $271.85 to $542.60 per month depending on the condition
of the building. Properties must have no violations for three consecutive monthly inspections to be removed from the program. We encourage
owners to explore ways to keep buildings occupied while waiting for their permits to be issued.
If a vacant building becomes so deteriorated that it poses a danger to the public, we may seek an order allowing abatement — a court order
granting us permission to enter onto the property and demolish the building. Before asking for a court order, we send a notice to the property
owner and provide an opportunity for a hearing.
o Need Help With a Vacant Building?
o Vacant Building Options
o Vacant Building Monitoring Program
What It Isn't
This ordinance does not cover:
• Unauthorized or criminal activity, squatters, or vagrants in vacant buildings; contact the Seattle Police Department at ,(206) 625-5011
(non -emergency) or 911
• Graffiti; contact Seattle Public Utilities graffiti prevention and removal program
• Rodent (e.g., rat) infestation; contact the Seattle -King CounV Health Department at (206) 296-0100
• Vacant commercial buildings are handled first by the Seattle Fire Department; contact us if the Fire Department doesn't have the
authority to address an issue
Rules to Follow
Our ordinance requires that you:
• Keep your vacant building in good repair, secured from unauthorized entry, and protected from the weather
• Keep the grounds free of junk, parked cars, and overgrown vegetation
• Remove deteriorating or unsafe building parts, such as staircases that may pose a danger to firefighters or other city personnel
o Tip 601, Unsafe and Vacant Buildings: SDCI's Inspection Program/SFD's Inspection Program
o Tip 605, City Regulations for Maintaining Vacant Buildings
o Tip 608, Regulations Affecting Buildings Unfit for Human Habitation or Other Use
Read the Code
Read the Seattle Municipal Code (SMC) sections on the vacant building standards SMC 22.206.200 and unfit building standards SMC 22.208.
Fines
Violations of the code may result in fines starting at $150 per day. Our vacant building monitoring fees range from $271.85 to $542.60 per
month. If we have to board up or demolish a vacant building at the City's expense, we will seek reimbursement and a tax lien may be placed on
your property to recover those costs.
https://www.seaftle.gov/sdci/codes/common-code-questions/vacant-buildings 143
9/13/24, 10:04 AM
What Do You Want To Do?
Vacant Buildings - SDCI I seattle.gov
Make a Property or Building Complaint
Check Status
Enter a record number I Find it on a map
Example:6703106-CN Go
Still Need Help?
Ask Us
Call us at (206) 615-0808
M, W, F: 9:00 a.m. - 3:00 p.m.
T, Th: 10:30 a.m. - 3:00 p.m.
Most services are available online through our Applicant Services Center.
https://www.seaftle.gov/sdci/codes/common-code-questions/vacant-buildings 2 44