This title shall be cited as "code enforcement" or hereinafter referred to as "this title."
(Ord. 23-658 § 5 (Exh. A))
A.
The Edgewood Municipal Code (EMC) is intended to support compelling governmental or public interests, including but not limited to commerce, transportation, public safety, housing, the environment, and the overall general health, safety, and welfare of the community. The city of Edgewood finds that:
1.
Unlawful, unkempt, unsafe, unsanitary, and improperly maintained premises, properties, sidewalks, and easements within the city create potential habitability, health, safety, sanitation, and welfare concerns;
2.
Code violations often impact the economic well-being of people and the value of the premises and adjoining or neighboring properties; and
3.
Code violations and nuisances are a financial burden on city resources because of repeated calls for service, complaints or requests for investigations, inspections, interference with city operations, and demands upon public safety services.
B.
The purpose of this title is to establish processes and methods to encourage and obtain compliance with laws and regulations the city of Edgewood has adopted pursuant to Article XI, Section 11 of the Washington State Constitution and other state laws to promote and protect the general public health, safety, welfare, and environment on behalf of the people who live in, work within, and visit the city.
C.
The intent of the city is to:
1.
Pursue code enforcement in order to protect the health, safety, and welfare of the general public in a manner consistent with fundamental constitutional principles; and
2.
Provide effective and efficient code enforcement processes by striving to obtain voluntary compliance with this code, followed with strict enforcement when timely voluntary compliance efforts fail to be achieved.
3.
It is the intent of this title to place the obligation for complying with its requirements upon the person responsible for the violation or condition of land and buildings situated within the city of Edgewood and within the scope of this code.
D.
This code shall be enforced for the benefit of the health, safety, and welfare of the general public. This title shall not be construed as placing responsibility for code enforcement upon the city of Edgewood in any particular case, or as creating any duty on the part of the city of Edgewood to any particular person or class of persons. No provision or any term used in this title is intended to impose any duty upon the city or any of its officers or employees that would subject them to damages in a civil action.
(Ord. 23-658 § 5 (Exh. A))
It is the goal of the city of Edgewood to enforce this code by using education and prevention as a first step when appropriate. This title is intended to support timely action that is uniform in its implementation. While warnings and voluntary compliance are a desirable first step, remedial actions, infractions, and penalties should be used as needed to assure compliance. Abatement or remediation should be pursued when appropriate and feasible.
(Ord. 23-658 § 5 (Exh. A))
Unless otherwise specified, the provisions of this title shall apply to enforcement of any civil provisions of this code. In the event of a conflict between this title and any other provisions of this code, the more specific provision shall apply.
(Ord. 23-658 § 5 (Exh. A))
The following terms shall have the following meaning for purposes of this title:
means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or evidence indicates that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of movable personal property, location. Length of time or any particular state of mind of the owner or person entitled to possession is not conclusive in determining that property is abandoned.
means to repair, replace, rehabilitate, remove, restore, destroy or otherwise remedy a condition which constitutes a violation of this code by such means, in such manner and to such an extent as deemed necessary by the administrator to return a property to the condition in which it existed before a code violation occurred or to assure the property complies with applicable code requirements.
means the director of the department of community and economic development, his or her duly authorized representative, and any designated alternate city agent or employee empowered by ordinance or by the mayor to enforce any city of Edgewood ordinance, code, or regulation.
means any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of nonoccupancy or nonuse for an indefinite period of time.
means any permanent or temporary structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property of any kind.
means the mayor, his or her duly authorized representative, and any designated alternate city agent or employee empowered by ordinance or by the mayor to enforce EMC Title 15, Buildings and Construction.
means one or more of the following:
Any act or omission contrary to any provision of this code, ordinance or regulation of the city that regulates or protects public health, the environment, or use and development of the land or water, whether or not the ordinance or regulation is codified;
Any act or omission contrary to any notice or order issued pursuant to any such ordinance or regulation;
Any act or omission contrary to the conditions of any permit, including but not limited to:
Failing to carry out or observe all conditions of any land use or permit approval, easements or use limitations, which are intended to serve or protect the general public and are applicable to all subsequent property owners and their tenants and agents as permit requirements enforceable under this title;
Failing to secure required land use or permit approval before establishing a permitted use; or
Failing to maintain frontage or site improvements, such as landscaping, parking, sidewalks, or stormwater facilities, as required by this code.
Any act or omission at the same or different location by the same person responsible, and including a condition resulting from such act or omission, and including civil violations as provided in this code.
means a determination by the code official that a building is unfit for occupancy.
means the applicable construction codes adopted pursuant to EMC Title 15.
means, for the purpose of this title, any dwelling, building, structure, premises, or portion thereof, that has any or all of the conditions or defects described below:
Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the applicable construction codes for existing buildings.
The walking surface of any aisle, passageway, stairway, exit, or other means of egress is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.
Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism, or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
Any portion of a dwelling, building, or structure, or any member, appurtenance, or ornamentation on the exterior thereof, that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting natural or artificial loads of one and one-half times the original designed value.
The dwelling, building, or structure, or any portion thereof, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the dwelling, building, or structure is likely to fail or give way.
The dwelling, building, or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
The dwelling, building, or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or otherwise enables persons to resort to the building or structure for committing a nuisance or an unlawful act.
Any dwelling, building, or structure that has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the construction codes, or of any law or ordinance to such an extent as to present either a substantial risk of fire or building collapse or any other threat to life and safety.
A dwelling, building, or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
Any dwelling, building, or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system, or other cause, is determined by the code official to be a threat to life or health.
Any dwelling, building, or structure that remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
Any dwelling, building, or structure, or portion thereof, which contains defective or hazardous electrical, fire, mechanical, or plumbing components or systems, including those which:
means a calendar day, unless otherwise stated.
means to weaken, disintegrate, corrode, rust or decay and lose effectiveness.
means, depending on the provision of this code violated, as evident by the context:
means any situation which the administrator or a law enforcement officer reasonably believes requires immediate action to prevent or eliminate an immediate threat to public health, safety, or welfare of persons or property in the city.
means the head of the Tacoma-Pierce County Health District, his or her authorized deputies or representatives.
means a condition which could cause serious or life-threatening injury or death at any time.
means the presence, within or contiguous to a structure or premises, of insects, rats, vermin, or other pests.
means to take measures, subject to city approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome.
includes:
A nuisance defined by statute, code, or ordinance;
A nuisance at common law, either public or private; or
An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris.
means the purpose for which a building or portion thereof is utilized or occupied.
means any individual living or sleeping in a building, or having possession of a space within a building.
means any owner, or reputed owner, of the property which is listed on the tax rolls of the Pierce County assessor-treasurer for the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
means any form of certificate, approval, registration, license, or any other written permission issued by the city of Edgewood, including development agreements or other contract development standards.
means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission that is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to any owner(s), lessee(s), manager(s), agent(s), or other person(s) entitled to control, use and/or occupy property where a code violation occurs.
means any real property, easement, or right-of-way, including any buildings, structures or appurtenances thereon.
means to restore a site to a condition that complies with critical area or other regulatory requirements as they existed when the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose a probable threat to the environment or to the public health, safety, or welfare.
means two or more of the same code violations in any location by the same person for which a notice of code violation, stop work order, cease activity order, emergency order, civil infraction, misdemeanor and/or a notice of noncompliance with a voluntary correction agreement was issued within the three years prior to the date the current code violation was determined to exist.
means anything that is built or constructed in or on the ground or over water, including any edifice, gas or liquid storage tank, and any piece of work artificially built up or composed of parts and joined together.
means a dwelling, building or structure that is found by the code official to be unsafe, unlawful or, because of the degree to which the dwelling, building or structure is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other equipment required by this code, or because the location of the dwelling, building or structure constitutes a hazard to the occupants of the dwelling, building or structure or to the public.
means a dwelling, building, structure, or premises that was erected, altered, or occupied contrary to law.
means a dwelling, building, or structure that is found by the code official to be dangerous to the life, health, property or safety of the public or the occupants of the dwelling, building, or structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such dwelling, building, or structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible.
means any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the building or structure which is in such disrepair or condition that such equipment is a hazard to life, health, property, or safety of the public or occupants of the premises or structure.
(Ord. 23-658 § 5 (Exh. A))
The administrator shall have the authority to enforce this title. The administrator may call upon other city departments or outside agencies to assist in enforcement.
(Ord. 23-658 § 5 (Exh. A))
A.
The director may adopt a policy consistent with the following guidelines that set forth priorities for responding to complaints:
1.
Level 1. High risk investigations needing an urgent response, including cases where:
a.
There is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property, environmental damage or contamination, or public health exposure;
b.
The subject sites or person responsible have repeat Level 1 or Level 2 violations; or
c.
There are ongoing Level 1 or Level 2 violations.
2.
Level 2. Moderate risk investigations needing a prompt response, including cases where:
a.
There is an eventual likelihood or risk of bodily harm, damage to public resources or facilities, damage to real or personal property, or environmental damage or contamination;
b.
The subject sites or person responsible for code compliance have repeat Level 2 or Level 3 violations; or
c.
There are ongoing Level 2 or Level 3 violations.
3.
Level 3. Low risk investigations needing response as time permits, including cases where:
B.
Administrator Discretion.
1.
Generally, the administrator should use a graduated enforcement process that uses notification and education as a first step and should offer person(s) responsible the opportunity to correct violations before imposing fines or penalties.
2.
The administrator may determine that a violation is so egregious that graduated enforcement is inappropriate or would require more time than is appropriate compared to the gravity of the violation.
3.
The administrator may decide not to take action to correct a violation, especially when the violation is nonemergent, is an isolated incident, and does not or is unlikely to have direct, immediate, or cumulative impact on health, safety, or general welfare. The decision to not pursue corrective action at the time of the initial complaint shall not be deemed to grant authorization for any work, use, or activity to be done in any manner that violates this title, the conditions of any approval, permit, or license, or any applicable local, state, or federal regulation, nor does it preclude the city from taking enforcement action at a later date for recurring, ongoing, or new violations.
(Ord. 23-658 § 5 (Exh. A))
The director may adopt policies consistent with the following guidelines that set forth procedures for investigating complaints:
A.
Documenting Potential Violations.
1.
All potential violations should be logged into the city's tracking system.
2.
The administrator may create a new code enforcement case or add any new complaint or staff observation to an existing, open code enforcement case.
3.
Cases should be assigned a priority level based on the most severe potential violation.
4.
When the potential violation is under the sole authority of another local, state, or federal agency, the agency should be notified in writing, the notification should be documented in the city's tracking system, and the city's enforcement case closed.
B.
Property Research. To the extent possible, the city should check its own records and the records of other agencies for permitted uses and structures, known or likely critical areas, previous violations, and other relevant records regarding the site of the alleged violation.
C.
Staff undertaking field investigations shall comply with the provisions of this title regarding right of entry.
D.
The administrator shall determine whether or not a violation has occurred based on information derived from relevant property research, statements of witnesses, and field verification.
E.
As soon as the administrator has reasonable cause to determine that a Level 1, Level 2, or Level 3 violation has occurred, it shall document the violation and notify the responsible party. The administrator may choose to proceed with one or more of the following:
F.
If the administrator does not have reasonable cause to confirm that a violation has occurred, the administrator may choose to proceed with one or more of the following:
G.
If the administrator determines that a violation has not occurred, the administrator shall document the results of the investigation and close the code enforcement case.
(Ord. 23-658 § 5 (Exh. A))
A.
The purpose of a notification letter is to advise an owner(s) and/or occupant(s) about receipt of a complaint, educate about the compliance process, and encourage voluntary cooperation.
C.
A notification letter shall include the following information:
1.
The address and/or location of the potential code violation;
2.
The name(s) and address(es) of the owner(s) and/or occupant(s);
3.
A statement that the city has received a complaint;
4.
A statement that the city will be investigating the complaint to determine whether or not a violation has occurred;
5.
A description of the inspection process and generally what will occur if a violation is found; and
6.
A date and time certain by which to contact the administrator to discuss the complaint.
D.
Notification may occur through any combination of posting, mail, and/or electronic mail.
(Ord. 23-658 § 5 (Exh. A))
A.
The purpose of a warning letter is to educate first-time violators about a probable or actual violation, encourage voluntary compliance, and provide important information about the process and potential consequences.
B.
A warning letter may be issued when the administrator determines a probable or actual Level 3 violation has occurred and there is no history of prior violations at the subject property or by the person responsible.
C.
A warning letter shall include the following information:
1.
The address and/or location of the code violation;
2.
The name(s) and address(es) of the person(s) responsible;
3.
A statement that the city has found that the person responsible has or likely has committed a code violation, and a brief description of the violation(s);
4.
A statement of the specific authority (e.g., regulation, ordinance, permit condition, or other provision) that was or is being violated;
5.
A statement that the warning notice represents a determination that a code violation has or likely has occurred, and that the person responsible may be subject to civil and/or criminal penalties;
6.
A statement of the corrective action required to abate the code violation;
7.
A deadline containing a date and time certain by which the corrective action must be completed;
8.
A statement that all required permits to perform the corrective action must be obtained from the proper issuing agency;
9.
A statement advising the responsible person of his/her duty to notify the city of all actions taken to achieve or address compliance with the warning notice; and
10.
A statement advising that failure to complete the required corrective action may result in further enforcement action, including modification of any pending or existing city approvals.
D.
The administrator shall serve the warning letter upon the person(s) to whom it is directed, either personally, electronically, or by mailing by regular mail to such person at their last known address.
E.
If the person to whom it is directed cannot, after due diligence, be personally served within Pierce County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the warning letter conspicuously on the affected property or structure.
F.
If no response is received by the deadline in the warning letter, the administrator shall conduct a compliance inspection. If the inspection results in a determination that:
(Ord. 23-658 § 5 (Exh. A))
A.
When it is necessary to enforce the provisions of this code, or when the administrator has reasonable cause to believe that there exists in a building or upon a premises a condition that is contrary to or in violation of this code, the administrator may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that:
1.
Such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession; and
2.
If such building or premises be occupied, that credentials be presented to the occupant and entry requested; or
3.
If such building or premises be unoccupied, the administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry; or
4.
If entry is refused, the administrator shall have recourse to the remedies provided by law to secure entry.
B.
Posted Property. Where private property is posted with a "No Trespassing" sign and has a gate or chain on private property, or where private property is enclosed by a secured gate or chain (other than by a simple latching or closure device), the administrator shall not make entry beyond areas open to the public without the express permission of the property owner or occupant or a court order. No city employee shall be required to enter a posted or gated piece of property if the city employee feels threatened, intimidated, or otherwise in fear of his or her personal safety.
C.
Employee Identification. City employees shall carry identification cards while on duty. Any employee, when legitimately requested by the public, shall show the requesting party his or her identification card.
(Ord. 23-658 § 5 (Exh. A))
It is a misdemeanor to remove or deface any letter, notice, or order required by or posted in accordance with this title without authorization by the administrator.
(Ord. 23-658 § 5 (Exh. A))
Any time period specified in this title that falls on a weekend or holiday shall be extended to the next business day.
(Ord. 23-658 § 5 (Exh. A))
A.
When calculating a reasonable deadline for corrective action, the administrator shall consider the following criteria:
1.
The type and degree of violation cited in the letter, notice of code violation, or order;
2.
The stated intent, if any, of the person(s) responsible to take steps to comply;
3.
The procedural requirements for obtaining a permit to carry out a corrective action;
4.
The complexity of the corrective action, including seasonal considerations, construction requirements, and whether additional parties need to participate, such as landlord, tenants, or insurers; and
5.
Any other circumstances beyond the control of the person(s) responsible.
B.
The director and person(s) responsible may mutually agree to grant an extension of the time limit for compliance or to modify the required corrective action, when the person(s) responsible for a violation has shown due diligence and/or substantial progress in correcting the violation but circumstances render full and timely compliance under the original conditions unattainable. Such a request shall:
C.
The administrator may recognize and give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the time frames, standards and other provisions of this chapter. Examples of circumstances which may warrant such exercise of discretion include, but are not limited to:
1.
Medical illness or disability affecting the ability of the person responsible to respond to orders or appear at hearings;
2.
Death of the person responsible and where the succeeding person responsible has not yet been determined by probate or some other legal means; or
3.
Bona fide insurance coverage disputes which create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the person responsible.
(Ord. 23-658 § 5 (Exh. A))
A.
After a notice of code violation or order becomes final, the administrator may record with the Pierce County assessor-treasurer a certificate of noncompliance against any real property subject to the notice of code violation or order.
B.
The certificate of noncompliance shall include:
1.
The date of the notice of code violation or order;
2.
The legal description of the real property or the Pierce County tax parcel number where the violation has occurred;
3.
A description of the code violation(s);
4.
The amount of unpaid civil monetary penalties; and
5.
A statement describing the procedure to release the certificate of noncompliance.
C.
Upon request of the person(s) responsible, the administrator shall record a release of the certificate of noncompliance if:
(Ord. 23-658 § 5 (Exh. A))
A.
All fines, costs and abatement reimbursements recovered from violators resulting from code enforcement actions under this title shall be deposited in a code enforcement/abatement fund maintained by the city treasurer and utilized for future code enforcement expenses under this title.
C.
The fund target balance shall be $100,000. All revenues creating a balance in excess of $100,000 shall be eligible for use in the city general fund.
(Ord. 23-658 § 5 (Exh. A))
The remedies set forth in this title are not exclusive and the city may use whatever manner, method or means is available to it, at law or in equity, to enforce its code and address code violations. The administrator or other enforcement officer may immediately issue a civil infraction, misdemeanor, notice of code violation, record notice on title, or take other enforcement action when the circumstances warrant a particular course of action or when a repeat violation occurs.
(Ord. 23-658 § 5 (Exh. A))