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HomeMy WebLinkAbout2022-23 amending chapter 8.20 of the East Wenatchee Municipal Code changing the definition of dangerous building. - 9/6/2022City of East Wenatchee, Washington Ordinance No. 2022-23 An Ordinance of the City of East Wenatchee amending chapter 8.20 of the East Wenatchee Municipal Code changing the definition of dangerous building, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que modifica el capítulo 8.20 del Código Municipal de East Wenatchee y cambia la definición de edificio peligroso, contiene una cláusula de divisibilidad y establece una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2. The East Wenatchee City Council desires to protect the public health, safety and welfare of the citizens of the incorporated area of the City of East Wenatchee and maintain a high quality of life for the citizens of East Wenatchee through the maintenance of structures in the City of East Wenatchee. 2.3. Properties that are neglected and have damaged or unsecured, accessible structures have a negative impact on community value, create conditions that invite criminal activity, and foster unsafe and unhealthy environment for all citizens. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City. 4. Purpose. The purpose of this ordinance is to update the East Wenatchee Municipal Code (EWMC) Chapter 8.20 to change the definition of dangerous building in the City’s nuisance code. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Exhibit A 8.20.020 Definitions. The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: A. “Abate” means to repair, replace, remove, destroy or otherwise remedy the condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the enforcement officer determines is necessary in the interest of the general health, safety and welfare of the community. B. “Apparently inoperable vehicle” means any vehicle that is not currently licensed or is visibly damaged such that it would appear to the reasonable person to be inoperable in its present condition. C. “Building” means any edifice constructed with walls and a roof for permanent use built for enclosure of persons, animals, chattels or property of any kind. The term “building” does not include a tarp or canopy made of canvas, plastic or other similar materials. D. “Building materials” means and includes, but is not limited to, lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials. E. “Dangerous building” is any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered. 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead or 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. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by other cause, to such an extent that the structural strength or stability thereof is material less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever 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 so 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. 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. Exhibit A 8. Whenever 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. Whenever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 10. Whenever 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 inside the middle one third of the base. 11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. 12. Whenever the building or structure, has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become a) an attractive nuisance to children; b) a harbor for vagrants, criminals or immoral persons; or as to c) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the building code or housing code, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of buildings. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws or 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 in the case of a newly constructed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health office to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance know to the common law or in equity jurisprudence. 18. Whenever any portion of a building or structure remains on a site after the demolition of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. Exhibit A FE. “Disposable package or container” means all packages or containers defined as such by rules and regulations adopted by the State of Washington Department of Ecology. GF. “Enforcement officer” means the “code compliance officer” of the city of East Wenatchee or any designated alternate who is empowered by the mayor or by ordinance to enforce a city ordinance or regulation. HG. “Litter” means all waste material including, but not limited to, disposable packages or containers thrown or deposited on public or private property, including depositing handbills on vehicles or public property, but not including the waste of primary processes of mining, logging, saw milling, farming or manufacturing. IH. “Person” means any individual, firm, partnership, corporation, association or other entity, public or private, whether acting by themselves or by a servant or employee. JI. “Premises” means any building, lot parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. JK. “Property” means any object of value that a person may lawfully acquire and hold. KL. “Person responsible for the violation” means any person who has an interest in or resides on the property, whether as owner, lessor, tenant, occupant or other person entitled to control, use and/or occupy the property. LM. “Refuse” means vegetable offal, animal offal, discarded food, cans, bottles, junk, waste paper, boards and boxes, tree limbs and all other waste substances from private and public establishments and from residences; but shall not include temporary seasonal small amounts of weeds, twigs, grass, or other material resulting from the normal tending of lawns or gardens. MN. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12-consecutive-month period. NO. “Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term “structure” does not include a tarp or canopy made of canvas, plastic or other similar materials. 8.20.030 Types of nuisances. A. Unless otherwise permitted by law, the city council declares each of the following conditions to constitute a public nuisance: 1. An act or omission to act, or a condition or use of property which injures or endangers the comfort, repose, health or safety of the public; offends public decency; or in any way renders other persons insecure in life or in the use of property. 2. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any portion of a private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, public water (including lakes, rivers, streams, drainage ways, and/or gullies), or other public or private place in the city, any one or more of the following conditions, things, or acts: Exhibit A a. Any accumulation of refuse, iron, steel, aluminum, or other metal, vehicle parts, machinery or equipment, mattresses, bedding, clothing, rags, or cloth, straw, packing material, cardboard or paper, tin cans, wire, bottles, glass, cement, wood or timber, not stored within a permitted structure, except that this provision shall not apply to construction sites where the progress of construction is proceeding with reasonable diligence or to a neat and orderly compost pile that is covered or concealed from view from all public places and neighboring private properties and does not emit obnoxious odors or otherwise negatively affect the public health or safety; b. Carcasses of animals not buried or destroyed within 24 hours after death; c. All limbs of trees overhanging a public sidewalk which are less than 10 feet above the surface of said sidewalk, or overhanging a city street which are less than 15 feet above the surface of said street; d. The existence of any vines or climbing plants growing into or over any street, public hydrant, power or light pole; or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion from the light from any street lamp; e. Any use of property abutting on a public street or sidewalk or any use of public street or sidewalk which causes any obstruction of traffic and the free use of the streets or sidewalks; provided, that this subsection shall not apply to events, programs or parades authorized by the city council; f. Any poisonous or harmful substance which is reasonably accessible to persons or to animals; g. Any attractive nuisances which may prove detrimental to children which are left in any place exposed or accessible to children. This includes, but is not limited to, unused or abandoned refrigerators, freezers, or like containers, or other large appliances or equipment or parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; any lumber, trash debris or vegetation which may prove a hazard for minors; h. The existence of any dead, diseased, infested or dying tree or other vegetation that may constitute a danger to property or persons; i. The existence of any fence or structure which creates any traffic safety problem through obscured sight distance pursuant to EWMC 17.74.050(E) as the same exists now or may hereafter be amended; j. The existence of any fence or structure or thing which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition on private property abutting or fronting upon any public street, sidewalk or place; k. The existence of any fence or structures located in a public right-of-way without specific approval from the city; Exhibit A l. Any accumulation of material on property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in covered receptacles approved by the enforcement officer; m. Any dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings, or any building, structure, or addition to such, commenced and left unfinished six months beyond the expiration of the building permit issued for that building or 12 months from the date of building commencement if no building permit was required to be issued; n. The nonemergency repair of an automobile, truck or other motor vehicle of any kind upon the public streets, alleys, or other public property of the city; o. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by producing noxious fumes, offensive odors or other annoyances, is discomforting, offensive or detrimental to the health of individuals or of the public; p. Any unguarded or abandoned excavation, pit, well, or holes which would endanger health or safety; q. Dumping, depositing, placing or leaving of any litter, refuse, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable water course, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any navigable watercourse; r. Storage for in excess of three consecutive days of any apparently inoperable vehicle outside of an enclosed building and not located on property properly licensed for the operation of a vehicle repair, vehicle sales, and/or vehicle storage business; s. Storage of in excess of eight vehicles outside of an enclosed building and not located on property properly licensed for the operation of a vehicle repair, vehicle sales, and/or vehicle storage business; t. Weeds, grass, shrubs, and other growth more than 12 inches in height that is found to be a fire hazard; u. Any tree or shrub or the roots thereof that in any manner shall interfere with the surface of any street or sidewalk or that shall cause the surface of the street or sidewalk to be upheaved or otherwise disturbed; and v. Any vegetation, including trees, plants, shrubs, or parts thereof, infected by aphids, elm leaf beetle, San Jose scale, cottony scale, lecanium scale, tent caterpillars, leaf roller larvae, coddling moth, and peach leaf twig borer, portions of which grow upon or overhang any sidewalk, street or alley.