036-19 - Ordinance - Amending Chapter 20.212 Dangerous and Unfit Dwellings, Buildings, and StructuresoRDINANCE NO. 036-19
AN ORDINANCE OF THE CIW OF PORT ORCHARD, WASH NGTON,
AMEND NG CHAPTER 20.2!2 OF THE PORT ORCHARD MUNIC PAL CODE;
PROV D NG FOR SEVERAB L TY AND PUBL CAT ON; AND SETT NG AN
EFFECT VE DATE.
WHEREAS, POMC Chapter 2o.2L2 provides for the Board of Building Appeals to hear
appeals of abatement orders; and
WHEREAS, the Board of Building Appeals is a group of local professionals in building and
related trades, established by the Building Code to hear appeals related to the interpretation
and application of the Building Code; and
WHEREAS, abatement orders issued under Chapter 2O.2L2, and resulting appeals, are
typically related to factors other than the application and interpretation of the Building Code;
and
WHEREAS, an administrative Hearing Officer would be more appropriate to the nature
of Chapter 20.2L2 aPPeals; and
WHEREAS, various amendments are needed to clarify various other provisions; and
WHEREAS, the City may adopt amendments to the City's development regulations
pursuant to RCW 36.70A.106; and
WHEREAS, on August Lg,zOLg, the city submitted to the Department of commerce a
60-day request for review of the proposed minor revisions and corrections to Title 20, pursuant
to RCW 36.70A.106(1); and
WHEREAS, on August 23,zOLg, the City's SEPA official issued a determination of non-
significance for the proposed revisions and corrections to Chapter 2O.2L2, and there have been
no appeals; and
WHEREAS, on August 26,21tg, the Land Use Committee of the City Council considered
the proposed amendments and recommended bringing them forward for consideration by the
Planning Commission and the City Council; and
WHEREAS, on Septemb er 2, ZOL}, the City's Planning Commission held a duly-noticed
public hearing and voted unanimously to recommend approval by the City Council; now,
therefore,
THE CITY COUNCTL OF THE CIW OF PORT ORCHARD, WASH NGTON, DO
Ordinance No. 035-19
Page 2 of L4
ORDAIN AS FOLLOWS:
20.2L2, is hereby amended to read as follows:
ChaPter 2O.2L2
DANGEROUS AND UNFIT DWELLINGS, BUILD NGS, AND STRUCTURES
Sections:
20.2L2.OLO
20.2L2.O20
20.2L2.O30
20.2L2.O40
20.2L2.050
20.2L2.060
20.2L2.O70
20.212.O80
20.2L2.O90
20.2t2.LOO
20.2L2.LLO
20.2t2.L20
20.2L2.L30
20.2L2.L40
20.2L2.L50
20.2L2.L60
20.2L2.L70
20.2L2.L80
Purpose - Findings.
Definitions.
Authority and liabilitY.
Criteria for unfit or dangerous buildings or structures.
lnspection and comPlaint.
Findings and order.
Standards for demolition or repair.
Appeals.
Enforcement of order.
Requests for reconsideration, modification, or extension'
Emergency measures.
Sale or disposal of materials and contents.
Recovery of exPenses.
Permits, regulations and workmanship.
Remedies not exclusive.
Public nuisance.
Violations.
Penalties and other relief.
2O.2!2.O!O 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
pOMC Chapter 20.212 Amended. Port Orchard Municipal Code, Chapter
Ordinance No. 036-19
Page 3 of 14
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 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 andlor 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 Defi n iti on s.
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.
(1) ,,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'
(2) "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'
(3) ,,Building,, shall mean any structure used or intended for supporting or sheltering any use
or occupancy.
(4) ,,Building code" shall mean the lnternational 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 2o.2oo PoMC or as
subsequently amended.
(5) ,,Director" shall mean the Director of the Department of Community Development or
Public Works and his/her designee(s).
(6) ,,Hearing officer" shall mean the person designated by the City of Port orchard to hear
appeals of the findings and order issued by the Director, in accordance with PoMC 21'2t2'o8o
and Chapter 2.82.
(7) ,,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
Ordinance No. 036-1'9
Page 4 of L4
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.
(9) ,,Structure" shall mean or include that which is built or constructed or a portion thereof,
including but not limited to buildings and such nonhabitable 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.
20.212.030 Authority and iability.
(1) The Director 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 fotlowing, 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 Director 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 Director; (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 Director 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.
(2) The Director or designee, Hearing Officer, 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 are 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'
Ordinance No. 035-19
Page 5 of 14
(3) Any action, suit, or criminal proceeding instituted against the Director or designee, Hearing
officer, or city employee, because of an act performed or an omission made by that Director or
designee, Hearing officer, 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 Director or designee, Hearing officer, or
employee shall not 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 Director 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 !imitations:
(t) Any door, aisle, passageway, stairwdY, 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.
(21 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'
(3) The stress in any materials, member, or portion thereof, due to dead and live loads' is
more than one and one-half times the working stress or stresses allowed in the building code
for new buildings of similar structure, purpose, or location'
(4) 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'
(5) Any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby iniure persons, damage property, of render other
portions of the structure or premises unsafe or unfit to occupy'
(6) Any portion of a buildin E, of 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.
Ordinance No. 035-L9
Page 5 of L4
(71 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.
(g) The building or structure, or any portion thereof, because of (a) dilapidation, deterioration,
or decay; (b) faulty construction; (c) the removal, movement, or instability of any portion of the
ground necessary for the purpose of supporting such building; (d) the deterioration, decay, or
inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
(9) 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.
(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: (a) be an attractive nuisance dangerous to children; (b) attract and/or
provide harborage for vagrants, criminals, or immoral persons; or (c) enable persons to resort
thereto and engage in unlawful, immoral, or dangerous activities, or activities constituting a
public nuisance.
(12) 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.
(13) The building or structure, whether or not erected in accordance with all applicable laws
and ordinances, has in any nonsupporting part, member, or portion less than 50 percent - or in
any supporting part, member, or portion less than 66 percent - of the (a) strength, (b) fire-
resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required
by law for newly constructed buildings of like area, height, and occupancy in the same location.
(1a) 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.
Ordinance No. 036-19
Page 7 of L4
(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.
(1g) 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 apparentty 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.
(22) 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.
(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 I nspection and complaint.
ll after a preliminary investigation of any dwelling, building, structure, or premises, the
Director finds that it is dangerous or unfit for human habitation, occupancy, or other
appropriate and legal use, he or she shall issue a complaint stating in what respects such
dwelling, building, structure, or premises is dangerous or unfit. Such complaint shall contain a
notice that a hearing will be held before the Director, at a place therein fixed, not less than 10
days nor more than 30 days after the serving of the complainU 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 Director.
Ordinance No. 035-19
Page 8 of 14
The complaint shatl 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 be posted in a conspicuous place on such property. lf the
whereabouts of any of such persons is unknown and the same cannot be ascertained by the
Director in the exercise of reasonable diligence, and the Director makes an affidavit to that
effect, then the complaint may be served upon such persons by mailing a copy 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 by first class mail to any address of
each such person in the records of the Kitsap County assessor or auditor. A copy of the
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.
20.212.050 Findings and order.
lf the Director 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 an
order that: (1) 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, or otherwise remove or
correct the violating condition(s), so as to eliminate the threat and/or nuisance to the
occupants and/or community and render it fit for human habitation, occupancy, or other
appropriate or legal use, and/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
pOMC ZO.ZL1.O4O; or (2) 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.
The findings and order shall be served and posted in the same manner as prescribed in POMC
ZO.ZLZ.OSO. lf no appeal is filed, the order shall be final and a copy of the order shall be filed
with the Kitsap CountY auditor.
20.212.070 Standards for demolition or repair.
(1) ln ordering the required course of action to be taken by the owner to abate the unfit or
dangerous building or structure, the Director may order the building or structure or a portion
thereof demolished and not repaired under any of the following circumstances:
(a) The estimated cost to repair the buitding or structure or portion thereof is more than
50 percent of the appraised or estimated replacement value of the structure;
(b) The building or structure, exclusive of the foundation, has damage or deterioration to
33 percent or more of its supporting members, or 50 percent of its nonsupporting
members, enclosing or outside walls or coverings'
(21 ln estimating the replacement value of a building or structure, the Director shall use the
Ordinance No. 036-19
Page 9 of L4
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 Director
deems comparable.
(3) Appraised value of a structure shall be as determined by a professional real estate
appraiser within one year of the date of the order.
(4) ln estimating the cost of repairs, the Director shall apply the following standards:
(a) 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 Director deems comParable;
(b) Repair estimates shall assume that all work will compty with the requirements of all
applicable current codes;
(c) lf the extent of damage to a portion of a building or structure cannot be ascertained
from visual inspection, the Director shall assume that the relative extent of damage or
deterioration identified in the observable portion of the building exists in the unobserved
portions; and
(d) 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. lf 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'
20.2L2.O80 APPeals.
(1) ln accordance with Rcw 35.go.o3o(1(e)), as now written or hereafter amended, within 30
days from the date of service upon the owner or any party in interest, and posting of the
findings and order issued under POMC 2O.2L2.O60, the owner or any party in interest may file a
notice of appeal with the city clerk for a hearing before the Hearing Officer.
(21 Upon application for an appeal, enforcement of the order is suspended until the resolution
of the appeal, exceptthat emergency measures and orders shall not be suspended'
(3) The city shall establish rules of procedure adequate to assure a prompt and thorough
review of matters submitted to the Hearing officer, including but not limited to the following:
(a) The Hearing officer must resolve all matters submitted to him lher within 50 days from
the date of filing;
(b) The rules of evidence prevailing in courts of law or equity shall not be controlling in
Ordinance No. 035-19
Page 10 of 14
hearings before the Hearing Officer; and
(c) A transcript of the Hearing Officer's findings of fact shall be made available to the
owner or other party in interest upon demand.
(4) The decision of the Hearing Officer shall be served and posted, within 5 calendar days of
issuance, in the same manner as prescribed in POMC 20.2L2.O50 and shall be enforceable as
provided herein.
(5) !n accordance with RCW 35.80.030(2), as now written or hereafter amended, any person
affected by a decision issued by the Hearing Officer pursuant to subsection (1) of this section
ffioy, within 30 days after the posting and service of the decision, petition to the superior court
for an injunction restraining the Director from carrying out the provisions of the decision. ln al!
such proceedings the court is authorized to affirm, reverse, or modify the decision and such
trial shall be heard de novo. Absent such a timely petition for injunction, the decision of the
Hearing Officer shall be final.
2O.2L2.O90 Enforcement of order.
lf the owner(s) or parties in interest, following exhaustion of their rights to appeal, fai! to
comply with the final order or decision to secure, repair, alter, improve, vacate, close, remove,
or demolish the dwelling, building, structure, or premises or portion thereof, or otherwise
remove or correct the violating condition, the Director may direct or cause such dwelling,
building, structure, or premises or portion thereof to be repaired, altered, improved, vacated
and closed, removed, or demolished, or such other action as is necessary to remove or correct
the violating condition.
2O.2L2.I00 Requests for recons deration, modification, or extension.
(1) Requests for reconsideration may be made to the Director or Hearing Officer who's order or
decision is the subject of the request. Such request must be made within 30 days of service of
the order or decision. Appeal or compliance deadlines are not automatically suspended or
extended upon filing of a request, but the Director or Hearing Officer may, at their discretion,
suspend or extend such deadlines during their review of the request and/or in their final
decision.
(21 ln working with an owner or other responsible party who has not appealed the Director's
order and is working toward compliance, the Director may grant additional time andlor
alternative methods for achieving compliance from those initially ordered by the Director. Such
accommodations shall be in writing and signed by both parties, and shall be based on
reasonable plans, progress, andf or assurances by the owner or responsible party, or on
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. lssuance
of any permit for work related to the conditions addressed herein may be conditioned on such
written agreement and assurances. Such accommodations and permit(s) shall be conditioned
upon the continued satisfactory performance of the owner or responsible party and may be
Ordinance No. 036-19
Page LL of L4
revoked by the Director upon lack of satisfactory performance. The granting or revocation of
such accommodations/agreements shall not be subject to appeal.
(3) Any owner or responsible party who has appealed to the Hearing Officer must petition the
Hearing Officer for any subsequent modification of the time, method, materials, or other
provisions of the order issued by the Hearing Officer, unless the Hearing Officer has delegated
such authority to the Director. lf such authority has been delegated, the Director, at his or her
discretion, may consult with or defer any such decision back to the Hearing Officer.
(4) Any owner or responsible party must petition to the superior court for any subsequent
modification of the time, method, materials, or other provisions of any order issued by the
court, unless the court has delegated such authority to the Director or Hearing Officer. If such
authority has been delegated, the Director or Hearing Officer, at their discretion, may consult
with or defer any such decision back to the superior court.
20.2L2.L10 Emergency measu res.
Whenever the Director finds that any building, structure, premises, or portion thereof, is an
imminent hazard to the public, the building occupants, or surrounding buildings or properties,
he/she ffioy, without notice and order, take immediate action to vacate, stabilize, secure from
entry, or otherwise protect the occupants, public, and surrounding properties or buildings from
the hazard. Such action may include closing and vacating sidewalks, streets, and surrounding
properties and buildings. The Director shall, within five working days following completion of
such work or action, 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 Director, declaring a building, structure, or premises unsafe or unfit to
enter or occupy may only be removed by the Director or designee, or with the express approval
of the Director 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.
2O.212.L20 Sa e or disposal of materials and contents.
lf the dwelling, building, structure, or premises is removed or demolished by the city, the
Director shall, if possible, selt 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
Director, 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 Director based on
experience, or in consultation with such contractors or experts as deemed appropriate.
Ordinance No. 035-19
Page L2 of L4
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, lnternet, or other
forums or publications; request for bids for purchase and removal; public auction; and,
recycling by abatement contractor.
2O.2L2.t30 Recovery of exPenses.
(1) The amount of the cost of such repairs, alterations or improvements, vacating and closing,
removal or demolition, or other action to remove or correct the violation(s) and/or protect the
occupants, publi c, andf or neighboring buildings and properties, taken or caused to be done by
the Director, shall be assessed against the real property upon which such cost was incurred,
unless such amount is previously paid. Such costs shall include all reasonable expenses,
including, but not limited to, the costs of consultants and contractors, legal counsel, staff time,
court fees, materials and equipment, incidentals, mailing, publishing, and recording notices'
pursuant to RCW 35.gO.O3O(i.Xh), the amount of such costs shall constitute a lien against the
property of equal rank with state, county, and municipal taxes'
(2) For purposes of this section, the cost of vacating and closing shall include (a) 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 5g.1g.og5; and (b) all penalties and interest that accrue as a result of the failure of
the property owner to timely repay the amount of these retocation assistance payments under
RCW 59.18.085.
(3) Upon certification to him/her by the Director, 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 84.55.020 for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city.
2O.2L2.L40 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.
2O.2L2.!50 Remedies not excl usive.
(1) 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.
Ordinance No. 035-19
Page L3 of 14
(Zl 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'
2O.2L2.L50 Public nuisance.
Any structure or premises subject to complaint or order under this chapter is also a public
nursance.
20.2L2.L70 Vi ol ati o n s.
(1) ln 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 PoMC
20.2L2.L70.
(Zl 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.L80 Penalties and other relief.
(1) Civi! penalty. ln 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 SZSO.00, not
including statutory penalties, per violation.
(2) Criminal penalty. ln 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 misdemeanor, punishable by a fine of not more than
S1,ooo, or by imprisonment for not more than 90 days, or by both such fine and imprisonment'
SECTION 2. Severabilitv. lf 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 shal! not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
sEcTloN 3. publication. This ordinance shall be published by an approved summary
consisting of the title.
sEcfloN 4.Effect 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 Clerk in authentication of such passage this 10th day of September,2OL9.
Ordinance No. 036-19
Page L4 of L4
Robert Putaans Mayor
NSOR:
k Ashby, Councilmemberdy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
ATTEST:
n
S n
PU BLISH ED:
EFFECTIVE DATE:
Cates, City Attorney
Septemb er 20,2079
Septemb er 25,2079
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 September 10, 2019.
ORDINANCE NO. 036-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.212 OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN
EFFECTIVE DATE.
Copies of Ordinance No. 036-19 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. 036-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, September 20, 2019