023-17 - Ordinance - New Chapter 20.212 Dangerous and Unfit Dwellings, Buildings, and StructuresORDINANCE NO. 023-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES; CREATING CHAPTER 20.212;
ESTABLISHING AN EFFECTIVE DATE; AND PROVIDING SEVERABILITY.
WHEREAS, the City Council finds that there are within the City of Port Orchard dwellings
which are unfit for human habitation and buildings, structures, and premises, or portions thereof,
which are dangerous or unfit for other uses due to dilapidation, disrepair, structural defects,
unpermitted and substandard construction or modification, filth and other conditions attracting
insects or vermin or likely to spread disease, defects increasing the hazards of fire, accidents, or other
calamities, or other similar conditions and violations of various building, health, and safety
regulations, and/or which are vacant and unsecured; and
WHEREAS, such dwellings, buildings, structures, and premises are dangerous to
occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals,
offend public values, lower the value of neighboring properties, contribute to neighborhood or
community deterioration, and hamper community and economic development; and
WHEREAS, owners of such properties are often unwilling or unable to correct such
conditions; and
WHEREAS, it is in the interest of the community and the occupants of such dwellings,
buildings, structures, and premises for the City to require owners or possessors of such properties to
correct such conditions, and to intervene and correct, repair, or remove such buildings, structures,
and conditions in a timely manner when owners fail to do so; and
WHEREAS, Chapter 35.80 RCW authorizes cities where conditions like those described
above exist to adopt ordinances that would enable such cities to address and abate such conditions
fairly, effectively, and with a mechanism to recover abatement costs incurred by the City that is not
adequately provided by other regulations; and
WHEREAS, the State of Washington finds that these are purposes for which public money
may be expended and authorizes local governments to expend public funds to do so, and to recover
such funds through various means; and
WHEREAS, the provisions stated below conform to the authority granted and form
required by chapter 35.80 RCW; and
WHEREAS, it is in the best interests of the City to implement the process and acquire the
powers authorized by chapter 35.80 RCW to address conditions which render buildings and other
premises in the City dangerous or unfit for human habitation and other uses; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
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A new Chapter 20.212 of the Port Orchard Municipal Code is hereby added asSECTION 1.
follows:
Chapter 20.212
Dangerous and Unfit Dwellings, Buildings, and Structures
Sections:
20.212.010 Purpose- Findings.
20.212.020 Definitions.
20.212.030 Authority & Liability.
20.212.040 Criteria for Dangerous and Unfit Dwellings, Buildings, or Structures.
20.212.050 Inspection and Complaint.
20.212.060 Findings and Order.
20.212.070 Standards for Demolition or Repair.
20.212.080 Appeals.
20.212.090 Enforcement of Order.
20.212.100 Emergency Measures.
20.212.110 Sale or Disposal of Materials.
20.212.120 Recovery of Expenses.
20.212.130 Permits, Regulations, and Workmanship.
20.212.140 Remedies Not Exclusive.
20.212.150 Public Nuisance.
20.212.160 Violations.
20.212.170 Penalties and Other Relief.
20.212.010 - Purpose - Findings. The City Council finds that there are within the City of Port Orchard
dwellings, buildings, structures, and premises or portions thereof, which are dangerous or injurious to
the health or safety of the occupants of such dwelling, building, structure or premises, the occupants of
neighboring dwellings, or other residents of the city, or which are otherwise unfit for human habitation,
occupancy, or other uses, due to: dilapidation; disrepair; structural defects; unpermitted and
substandard construction or modification; lack of maintenance; abandonment or neglect; filth and other
conditions attracting insects or vermin or likely to spread disease; defects increasing the risks and
hazards of fire, accidents, or other calamities; inadequate ventilation and uncleanliness; inadequate light
or sanitary facilities; inadequate drainage; overcrowding; violations of various building, health, and
safety regulations; and, other conditions which are inimical to the health and welfare of the residents of
the city.
Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public
health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the
value of neighboring properties, contribute to neighborhood or community deterioration, and hamper
community and economic development.
When the owners or other persons in possession or control of such properties are unwilling or unable to
correct such conditions in a proper and timely manner, it is in the interest of the community and of the
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occupants of such places for the City to intervene and vacate, secure, correct, repair, or remove such
buildings, structures, and conditions, and to pursue all legal means to recover from such persons and/or
properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors,
and all other legally recoverable costs and expenses.
20.212.020 - Definitions. For the purposes of this Chapter, certain words shall have the meanings as
defined in this Section. Words, terms, or phrases not defined in this Section shall be as defined in the
Building Code, other codes of this jurisdiction, or their commonly accepted meanings. Words used in
the singular include the plural. Words in masculine gender include the feminine and in the feminine
gender include the masculine.
"Abandoned" or "Apparently Abandoned" shall mean any dwelling, building, structure or premises
that is so neglected, or other characteristics exist, as to support a reasonable conclusion that it is vacant
- except as may be temporarily occupied by vagrants - and not cared for by any owner, tenant, or other
party.
A.
"Abate" shall mean to remove, repair, correct, put an end to, secure from entry, or otherwise
eliminate or diminish the intensity of, any dangerous or unfit dwelling, building, structure, or premises
or portion thereof, or any condition causing a dwelling, building, structure, or premises to be dangerous
or unfit.
B.
"Board of Appeals" or "Board" shall mean the Board of Building Appeals as established under the
Building Code.
C.
"Building" shall mean any structure used or intended for supporting or sheltering any use or
occupancy.
D.
"Building Code" shall mean the International Building and Residential Codes, and their referenced
codes and standards, and other codes related to the construction, occupancy, and use of buildings and
structures, as adopted and amended by Chapter 20.200 POMC or as subsequently amended.
E.
F. "Officer" shall mean and include the Mayor and his/her designee(s).
"Owner" shall mean the owner or taxpayer shown in the records of the Kitsap County Assessor,
recorded with the Kitsap County Auditor, or as otherwise known to the City of Port Orchard, and shall
include any manager, agent, or other representative of the owner, or other person with responsibility
for or control over the dwelling, building, structure or premises.
G.
"Person" shall mean and include any individual, business, corporation, organization, or entity.H.
"Structure" shall mean or include that which is built or constructed or a portion thereof, including
but not limited to buildings and such non-habitable structures as walls, fences, towers, shafts, signs, and
other constructed objects, whether temporary or permanent. For the purposes of this Chapter, the
terms Building and Structure may be used interchangeably, and both terms include dwellings and other
premises and portions thereof.
I.
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20.212.030 - Authority & Liability.
A. The Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this Chapter. These powers shall include the following,
in addition to others granted in this Chapter: (a) To determine which dwellings, buildings, structures, or
premises or portions thereof are dangerous or unfit for human habitation or other use; (b) To administer
oaths and affirmations, examine witnesses, and receive evidence; (c) To investigate and inspect
dwellings, buildings, structures and premises and other property conditions in the city, and to enter into
and upon such for the purpose of making examinations when the Officer has reasonable ground for
believing they are dangerous or unfit for human habitation or other use: Provided, that such entries shall
be made in such manner as to cause the least possible inconvenience to the persons in possession, to
obtain an order for this purpose after submitting evidence in support of an application which is adequate
to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted,
or to otherwise inspect or observe the building or structure in any lawful manner that does not constitute
an unlawful trespass or violate a reasonable expectation of privacy; (d) To direct any utility provider to
temporarily or permanently suspend or terminate service to any building or structure deemed
dangerous or unfit under this Chapter, and to authorize the reconnection or resumption of service once
the conditions necessitating such action have been corrected to the satisfaction of the Officer; (e) To
hire or otherwise receive assistance from such other experts, inspectors, individuals, contractors,
agencies, or others as may be appropriate to conduct or assist with such inspections and actions or to
provide reports or other information or resources the Officer may consider in evaluating such
buildings/structures or use in enforcing the provisions of this code; (f) To expend public funds to abate
such conditions; and (g) To cause such funds to be recovered by legal means including but not limited to
filing liens against the properties upon which such buildings or structures have been abated.
B. The Officer or designee, member of the Board of Building Appeals, or employee charged with the
enforcement of this Chapter, while acting for the jurisdiction in good faith and without malice in the
discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be
civilly or criminally rendered liable personally and is hereby relieved from personal liability for any
damage or loss accruing to persons or property as a result of, or by reason of, any act or omission in the
discharge of official duties.
C. Any action, suit, or criminal proceeding instituted against the Officer or designee, member of the
Board of Building Appeals, or City employee, because of an act performed or an omission made by that
Officer or designee, Board member, or employee in the lawful discharge of duties under the provisions
of this Chapter shall be defended by legal representatives of the jurisdiction until the final termination
of the action, suit, or proceeding. The Officer or designee, Board member, or employee shall riot be
liable for the costs of any action, suit, or proceeding that is instituted relating to the provisions of this
Chapter.
20.212.040 - Criteria for Unfit or Dangerous Buildings or Structures. The Officer may determine that a
building or structure is dangerous or unfit for occupancy or other use if he/she finds that conditions exist
in such building or structure that are dangerous or injurious to the health, safety, or welfare of the
occupants of such structure, the occupants of neighboring structures, or other residents of the City, or
is otherwise not safe or fit for the use for which it was designed or intended, or for other appropriate
and legal use. Such conditions may include the following, without limitations:
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1. Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other
factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other
emergency.
2. The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn,
loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate
means of exit in case of panic, fire, or other emergency.
The stress in any materials, member, or portion thereof, due to dead and live loads, is more than
one and one-halftimes the working stress or stresses allowed in the Building Code for new buildings of
similar structure, purpose, or location.
3.
Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any
other cause, to such an extent that the structural strength or stability thereof is materially less than it
was before such damage or deterioration and is less than the minimum requirements of the Building
Code for new buildings of similar structure, purpose, or location.
4.
Any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the
structure or premises unsafe or unfit to occupy.
5.
Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof
is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place as to be
capable of resisting a wind pressure of one-half of that specified in the Building Code for new buildings
of similar structure, purpose, or location without exceeding the working stresses permitted in the
Building Code for such buildings.
6.
Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist,
such that walls or other structural portions have materially less resistance to wind, earthquakes, snow,
or other loads, than is required in the case of similar new construction.
7.
The building or structure, or any portion thereof, because of (i) dilapidation, deterioration, or
decay; (ii) faulty construction; (iii) the removal, movement, or instability of any portion of the ground
necessary for the purpose of supporting such building; (iv) the deterioration, decay, or inadequacy of its
foundation; or (v) any other cause, is likely to partially or completely collapse.
8.
For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the
purpose for which it is being used or is designed and intended to be used.
9.
10. The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a
plumb line passing through the center of gravity does not fall within the middle one-third of the base.
11. The building, structure, or premises is damaged by fire, wind, earthquake, flood, or any other
cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned,
so as to: (i) be an attractive nuisance dangerous to children; (ii) attract and/or provide harborage for
vagrants, criminals, or immoral persons; or (iii) enable persons to resort thereto and engage in unlawful,
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immoral, or dangerous activities, or activities constituting a public nuisance.
The building or structure has been constructed, exists, or is maintained, occupied, or used in
violation of any specific requirement or prohibition applicable to such building or structure provided by
the Building Code or any other law of the State or ordinance of the City relating to the condition, location,
structure, occupancy, or use of buildings.
12.
13. The building or structure, whether or not erected in accordance with all applicable laws and
ordinances, has in any non-supporting part, member, or portion less than 50% - or in any supporting
part, member, or portion less than 66% - of the (i) strength, (ii) fire-resisting qualities or characteristics,
or (iii) weather-resisting qualities or characteristics required by law for newly-constructed buildings of
like area, height, and occupancy in the same location.
14. Because of neglect, dilapidation, decay, damage, or faulty construction; inadequate light,
ventilation, or sanitation facilities; infestation of rodents, roaches, wood-destroying organisms, or other
vectors of disease; filth or accumulation of garbage; or, for any other reason, the building, structure, or
premises is unsanitary, unfit for human habitation, occupancy, or use, or in a condition that is likely to
cause sickness or disease.
15. Because of obsolescence, deterioration, damage, lack of sufficient or proper fire-resistive
construction or fire-protection systems, faulty electric wiring or components, gas connections, or
mechanical systems, or for any other cause, the building, structure, or premises is determined by the
Fire Authority to be a fire hazard.
16. Electrical, plumbing, mechanical, ventilation, or other equipment or systems, or portions thereof,
due to damage, deterioration, improper installation or use, or any other cause, are unsafe, unable to
perform their required or designed function, or contributing or likely to contribute to deterioration or
unsafe conditions of other portions of the structure.
17. Roofing, siding, vents, or other protective components, systems, or materials are damaged,
deteriorated, improperly installed, or for any other reason not functioning properly to prevent the
intrusion or retention of moisture into interior components or materials not designed or intended for
exposure to moisture.
18. Vents, cracks, or other exterior openings are not properly covered or otherwise treated to prevent
the entrance of insects, birds, rodents, or other animals.
19. Foundations, footings, and related supporting components are damaged, settled, or otherwise
deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required
support, stability, or protection against the elements.
20. Any portion of a structure remaining on a site after the demolition or destruction of the structure
or any structure abandoned or apparently abandoned so as to constitute such structure or portion
thereof an attractive nuisance or hazard to the public.
21. The building or structure is in such a condition as to constitute a public nuisance.
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Any vehicle, shipping container, tent, mechanical equipment, or other object, used as a
dwelling/sleeping unit, storage structure/building, or other structure or occupancy, or component
thereof, except as specifically designed and intended for such use, converted to such use in compliance
with all applicable regulations, or otherwise approved for such use, and used in accordance with such
design or approval.
22.
23. Any other condition the Building Official or other official or expert determines that renders the
building or structure unsafe or unfit for habitation, occupancy, or other appropriate and legal use.
20.212.050 - Inspection and Complaint. If, after a preliminary investigation of any dwelling, building,
structure, or premises, the Officer finds that it is dangerous or unfit for human habitation, occupancy, or
other appropriate and legal use, he or she shall cause to be served either personally or by certified mail,
with return receipt requested, upon all persons having any interest therein, as shown upon the records
of the Kitsap County Auditor, and shall post in a conspicuous place on such property, a Complaint stating
in what respects such dwelling, building, structure, or premises is dangerous or unfit. If the whereabouts
of any of such persons is unknown and the same cannot be ascertained by the Officer in the exercise of
reasonable diligence, and the Officer makes an affidavit to that effect, then the serving of such Complaint
upon such persons may be made by mailing a copy of the Complaint and Order by certified mail, postage
prepaid, return receipt requested, to each such person at the address of the building or structure
involved in the proceedings and mailing a copy of the Complaint by first class mail to any address of each
such person in the records of the Kitsap County Assessor or Auditor. Such Complaint shall contain a
notice that a hearing will be held before the Officer, at a place therein fixed, not less than ten (10) days
nor more than thirty (30) days after the serving of the Complaint; and that all parties in interest shall be
given the right to file an answer to the Complaint, to appear in person, or otherwise, and to give
testimony at the time and place in the Complaint. The rules of evidence prevailing in courts of law or
equity shall not be controlling in hearings before the Officer. A copy of such Complaint shall also be filed
with the Kitsap County Auditor and such filing of the Complaint shall have the same force and effect as
other lis pendens notices provided by law.
20.212.060 - Findings and Order.
If the Officer determines that the dwelling, building, structure, or premises is dangerous or unfit for
human habitation, occupancy, or use, in accordance with this Chapter, he/she shall state in writing
his/her findings of fact in support of such determination, and shall issue and cause to be served upon
the owner or party in interest thereof, as provided in 20.212.050 and shall post in a conspicuous place
on the property, an Order that (i) requires the owner or party in interest, within the time specified in the
Order, to repair, alter, or improve such dwelling, building, structure, or premises, to render it fit for
human habitation, occupancy, or other appropriate or legal use, or to vacate and close the dwelling,
building, structure, or premises, if such course of action is deemed proper on the basis of the standards
set forth in 20.212.040; or (ii) requires the owner or party in interest, within the time specified in the
Order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is
deemed proper on the basis of those standards. If no appeal is filed, a copy of the Order shall be filed
with the Kitsap County Auditor.
20.212.070 - Standards for Demolition or Repair.
A. In ordering the required course of action to be taken by the owner to abate the unfit or dangerous
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structure, the Officer may order the structure or a portion thereof demolished and not repaired under
any of the following circumstances:
i. The estimated cost to repair the structure or portion thereof is more than 50% of the
replacement value or appraised value of the structure;
ii. The building or structure, exclusive of the foundation, has damage or deterioration to 33% or
more of its supporting member or members, or 50% of its non-supporting members, enclosing or
outside walls or coverings.
B. In estimating the replacement value of a building or structure, the Officer shall use the square foot
cost estimating method set forth in the "Residential Cost Handbook," Marshall and Swift, latest available
edition, or a cost estimating method or publication that the Officer deems comparable.
C. Appraised value of a structure shall be as determined by a professional real estate appraiser within
one (1) year of the date of the Order.
D. In estimating the cost of repairs, the Officer shall apply the following standards:
i. All repair costs shall be based on estimates calculated from the Marshall and Swift's "Residential
Cost Handbook" latest available edition, or a cost estimating publication that the Officer deems
comparable;
ii. Repair estimates shall assume that all work will comply with the requirements of all applicable
current codes;
iii. If the extent of damage to a portion of a building or structure cannot be ascertained from visual
inspection, the Officer shall assume that the relative extent of damage or deterioration identified in
the observable portion of the building exists in the unobserved portions; and
iv. Cost estimates for replacing or repairing the building, structure or portion thereof shall include
the same type and quality of materials as originally used in the structure, unless different materials
are required by current building, mechanical, electrical, plumbing, energy, fire, or other codes. If the
building or structure is so damaged that the original materials cannot be determined, repair costs
shall be estimated using the materials identified under the applicable building quality classification
in the square foot cost estimating method in the "Residential Cost Handbook" by Marshall and Swift.
20.212.080 - Appeals.
A. In accordance with RCW 35.80.030(l(g)), as now written or hereafter amended, within thirty (30)
days from the date of service upon the owner or any party in interest, and posting of the decision issued
under POMC 20.212.060, the owner or any party in interest may file a Notice of Appeal with the City
Clerk for a hearing before the Board of Building Appeals. The rules for hearings before the Board shall
be those specified in the Building Code and as established by the Board. In addition to the rules and
procedures of the Board, all matters under this Chapter shall be resolved by the Board within sixty (60)
days from the date of filing therewith and a transcript of the findings of fact of the Board shall be made
available to the owner or other party in interest upon demand. The findings and orders of the Board
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shall be reported in the same manner and shall bear the same legal consequences as if issued by the
Officer.
B. The Notice of Appeal shall:
i. Be in writing and state clearly and concisely the specific objections to the building official's
order;
ii. State the ownership or other interest that each appellant has in the building, premises, or
portion thereof involved in the order of the building official;
iii. State briefly the remedy sought; and
iv. Include the signatures of all appellants and their mailing addresses.
In accordance with RCW 35.80.030(2), as now written or hereafter amended, any person affected
by an Order issued by the Board pursuant to subsection A. of this section may, within thirty (30) days
after the posting and service of the Order, petition to the Superior Court for an injunction restraining the
Officer from carrying out the provisions of the Order. In all such proceedings the court is authorized to
affirm, reverse, or modify the order and such trial shall be heard de novo. Absent such a timely petition
for injunction, the decision of the Board shall be final.
C.
20.212.090 - Enforcement of Order.
A. If the owner(s) or parties in interest, following exhaustion of their rights to appeal, fail to comply
with the final Order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building,
structure, or premises or portion thereof, the Officer may direct or cause such dwelling, building,
structure, or premises or portion thereof to be repaired, altered, improved, vacated and closed,
removed, or demolished.
B. In working with an owner or other responsible party who has not appealed the Officer's order and
is working toward compliance, the Officer may grant additional time and/or alternative methods for
achieving compliance from those initially ordered by the Officer. Such accommodations shall be in
writing and signed by both parties, and shall be based on reasonable plans, progress, and/or assurances
by the owner or responsible party, or circumstances outside of their control, and upon reasonable
interim measures implemented to protect the health, safety, and welfare of the public and/or occupants
of the building. Issuance of any permit for work related to the conditions addressed herein may be
conditioned on such written agreement. Such accommodations and permit(s) shall be conditioned upon
the continued satisfactory performance of the owner or responsible party and may be revoked by the
Officer upon lack of such satisfactory performance. The granting or revocation of such
accommodations/agreements shall not be subject to appeal.
C. Any owner or responsible party who has appealed to the Board of Building Appeals must petition
the Board for any subsequent modification of the time, method, materials, or other provisions of the
Order issued by the Board, unless the Board has delegated such authority to the Officer.
D. Any owner or responsible party must petition to the Superior Court for any subsequent modification
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of the time, method, materials, or other provisions of any Order issued by the Court, unless the Court
has delegated such authority to the Officer or Board.
20.212.100 - Emergency Measures.
Whenever the Officer finds that any building, structure, premises, or portion thereof, is an imminent
hazard to the public, the building occupants, or surrounding properties, he/she may, without notice and
order, take immediate action to vacate or demolish or restore the hazard to a condition of stability and
safety and/or take whatever action necessary to barricade or prevent occupants or the public from any
dangerous conditions. The Officer shall, within five (5) working days following completion of work to
remove the imminent hazard, issue a complaint pursuant to this Chapter. Any City funds spent in
responding to the emergency shall be included in costs recoverable under this Chapter.
Any notice posted by the Officer, declaring a building, structure, or premises Unsafe or Unfit to enter or
occupy may only be removed by the Officer or designee, or with the express approval of the Officer or
designee. Any person who removes, alters, defaces, covers, or otherwise renders such notice ineffective,
without such express approval, shall be guilty of a misdemeanor.
20.212.110 - Sale or Disposal of Materials and Contents. If the dwelling, building, structure, or premises
or portion thereof is removed or demolished by the City, the Officer shall, if possible, sell the materials
of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the
cost of the removal or demolition and, if there be any balance remaining, it shall be paid to the parties
entitled thereto, as determined by the Officer, after deducting the costs incident thereto.
The determination of whether or not it is possible to sell the materials shall be based on factors such as,
but not limited to: the type, nature, and condition of the materials; whether or not they can reasonably
be removed and separated for sale; and the costs involved in attempting to sell the materials. The
salability of the materials may be determined by the Officer based on experience, or in consultation with
such contractors or experts as deemed appropriate.
The procedures for selling the materials shall be based on the type and quantity of materials involved.
Such procedures may include, but not be limited to: listing in local, internet, or other forums or
publications; request for bids for purchase and removal; public auction; and, recycling by abatement
contractor.
20.212.120 • Recovery of Expenses.
A. The amount of the cost of such repairs, alterations or improvements; or vacating and closing; or
removal or demolition by the Officer, shall be assessed against the real property upon which such cost
was incurred unless such amount is previously paid. Pursuant to RCW 35.80.030(l(h)), the amount of
such costs shall constitute a lien against the property of equal rank with state, county, and municipal
taxes.
B. For purposes of this section, the cost of vacating and closing shall include (i) the amount of
relocation assistance payments that a property owner has not repaid to the City of Port Orchard or other
local government entity that has advanced relocation assistance payments to tenants under RCW
59.18.085; (ii) all penalties and interest that accrue as a result of the failure of the property owner to
timely repay the amount of these relocation assistance payments under RCW 59.18.085; and (iii) all other
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reasonable expenses, including but not limited to, the costs of staff time, materials, incidentals, mailing,
publishing, and recording notices.
C. Upon certification to him/her by the Officer, of the assessment amount being due and owing, the
County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for
the current year and the same shall become a part of the general taxes for that year to be collected at
the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for
delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.
20.212.130- Permits, Regulations and Workmanship. All repairs, improvements, maintenance, or other
work performed in relation to any enforcement under this code shall be performed and completed by
the owner, contractor, or other person in interest in a workmanlike manner and in compliance with all
permitting and other requirements of all applicable codes and regulations. The owner or other person
in interest shall be responsible for identifying and complying with all applicable codes and regulations.
20.212.140 - Remedies Not Exclusive.
A. This section does not abrogate or impair the powers of the courts or of any department of the City
to enforce any other of its ordinances or regulations, nor to prevent or punish violations thereof; and
the powers conferred by this section shall be in addition and supplemental to the powers conferred by
any other law.
B. This section does not impair or limit in any way the power of the City to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or otherwise.
20.212.150 - Public Nuisance. Any structure or premises subject to Complaint or Order under this
chapter is also a public nuisance.
20.212.160 - Violations.
A. In addition or alternative to any other provisions of this Chapter, any person who violates or fails to
comply with any of the provisions of this Chapter, or who violates or fails to comply with any lawful
notice or order made hereunder, shall for each and every such violation and noncompliance respectively
be subject to the penalties and provisions specified in 20.212.170.
B. Each day in which a violation occurs or is allowed to continue shall constitute a separate offense
and may be punished as such.
20.212.170 - Penalties and Other Relief
A. Civil Penalty - In addition or alternative to any other penalty provided herein or by law, any violation
of, or failure to comply with, any provision of this Chapter or any lawful order issued hereunder, shall
constitute a civil infraction subject to a penalty in the amount of $250, not including statutory penalties,
per violation.
B. Criminal Penalty - In addition or alternative to any other penalty provided herein or by law, any
violation of, or failure to comply with, any provision of this Chapter or any lawful order issued hereunder,
Ordinance No. 023-17
Page 12 of 12
shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for
not more than 90 days, or by both such fine and imprisonment.
Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance.
SECTION 3.
SECTION 5. Publication. This Ordinance shall be published by an approved summary consisting
of the title.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five
days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by
the City Clerk in authentication of such passage this 27th day of June 2017.
U
Robert Putaansuu, Mayor
SPONSOR^ATTEST:
ShaV/n Cucciardi, CouncilmemberBrarfdy Rinearson, CMC, City Clerk
S • _ . _ • I! : SEAL s I
v&wly
APPROVED AS TO FORM:
n Cates, City Attorney
July 7, 2017
July 12, 2017
PUBLISHED:
EFFECTIVE DATE:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 27, 2017.
ORDINANCE NO. 023-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES;
CREATING CHAPTER 20.212; ESTABLISHING AN EFFECTIVE DATE; AND
PROVIDING SEVERABILITY.
Copies of Ordinance No. 023-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 023-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 7, 2017