The building official shall cause:
(1) 
The inspection of all dwellings, buildings, structures and premises, or portions thereof, subject to the application of this chapter, for the purpose of determining whether any conditions exist which render such dwellings, buildings, structures and premises or portions thereof substandard within the terms of LMC § 16.32.465 through § 16.32.530;
(2) 
The holding of a hearing at the time and place specified in the complaint of the building official, at which all parties in interest shall be given the right to appear in person or otherwise, and to present evidence and, if after said hearing he shall determine that any dwelling, building, structure and/or premises or portion thereof is in fact substandard, he shall reduce to writing his findings of fact in support of such determination, and he shall issue and cause to be served upon the owner and any party in interest, in the manner provided herein for serving of the complaint and post in a conspicuous place on the property, an order which requires the owner or party in interest within a reasonable time specified in the order to repair, abate, rehabilitate, alter, or improve such dwelling, building, structure and/or premises to render it fit for human habitation or other appropriate use or to vacate and close the dwelling, building, structure or premises and abate premises violation(s) if such course of action is deemed proper on the basis of the standards set forth in LMC § 16.32.240 et seq., or require the owner or party in interest within the time specified in the order to remove or demolish such dwelling, building, structure and/or abate premises violation(s) and if no appeal is filed in the manner hereinafter provided, he shall record a copy of such order with the county auditor;
(3) 
The presentation, at all hearings, of evidence relevant to the condition of the substandard building, or other evidence that may be considered relevant;
(4) 
That the building official may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if it finds that conditions exist in such dwelling, building, structure, or premises 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 such municipality. Such conditions may include the following, without limitations: defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage;
(5) 
That the determination of whether a dwelling, building, structure, or premises should be repaired or demolished shall be based on specific stated standards on (a) the degree of structural deterioration of the dwelling, building, structure, or premises, or (b) the relationship that the estimated cost of repair bears to the value of the dwelling, building, structure, or premises.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
(1) 
The complaint issued by the building official alleging any dwelling, building, structure and/or premises to be substandard within the standards set forth in this chapter must be in writing and shall be sent either by certified mail with return receipt requested or served personally upon all persons having any interest in and to said property, as shown by the records of the county auditor; provided, that if the whereabouts of such persons are unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence, the building official shall make an affidavit to that effect and then said complaint shall be served either by personal service or 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 dwelling, building, structure and/or premises involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each such person in the records of the county assessor or the county auditor for the county where the property is located. The building official shall cause to be posted upon such property, in a conspicuous place, a copy of the complaint and shall file a copy of the complaint with the auditor of Cowlitz County and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
(2) 
Said complaint shall contain among other things the following information:
(a) 
The name of the owner and any other persons interested, as provided hereinabove;
(b) 
The street address and legal description of the property on which said dwelling, building, structure, premises and/or violation is located;
(c) 
The complaint shall state in what respects the dwelling, building, structure and/or premises or portion thereof is substandard, as defined in LMC § 16.32.465 through § 16.32.530;
(d) 
A statement of notice that a hearing will be held before the building official, stating the time and place which shall not be less than 10 days nor more than 30 days after the serving of such complaint, and that all parties in interest shall be given the opportunity to file an answer to the complaint, to appear in person or otherwise and to give evidence at the time and place fixed for said hearing. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
No person shall remove, deface or tamper with any complaint posted pursuant to this chapter.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
The owner, within 60 days from the date of service and posting of the order of the building official, shall have the right to appeal to the hearing examiner as herein provided. If no appeal is filed, a copy of such order shall be filed with the Cowlitz County auditor. Absent an appeal, in accordance with RCW 35.80.030(2) as now or hereinafter amended, within 60 days after posting and service of the building official's order, the decision of the building official shall be final.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
The hearing examiner referred to in this chapter shall be the hearing examiner provided for and organized under the provisions of Chapter 1.32 LMC.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
The building official or his duly authorized representative shall attend all hearings of the hearing examiner and shall be given notice of all special meetings thereof. All hearings of the hearing examiner shall be open to the public. Records and minutes shall be kept of all proceedings of the hearing examiner and copies of the minutes shall be furnished to the city council.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
The hearing examiner shall:
(1) 
Upon receipt of notice of appeal filed with the hearing examiner by the owner or party in interest, entertain such appeal and conduct a hearing thereof as provided in subsection (2) of this section, or upon receipt of a request in writing from the building official to review his order, entertain such request and conduct a hearing. The hearing examiner shall, prior to said hearing, cause written notice fixing the time and place of hearing to be given to all parties in interest. Said hearing shall be held not less than 10 days after written notice has been given to all parties in interest;
(2) 
At the hearing, admit such evidence as may be presented by any complainant, by the city, through its designated officials, by the owner, occupant, mortgagee, lessee, or any other person having an interest in said dwelling, building, structure and/or premises as shown by the records of the auditor, in respect to such substandard building, dwelling, structure or premises;
(3) 
If, after the required hearing, the hearing examiner determines that the dwelling, building, structure and/or premises is unfit for human habitation, or the dwelling, building or structure or premises is unfit for other use, it shall state in writing its 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 is provided in LMC § 16.32.250, and shall post in a conspicuous place on the property, an order that (a) 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, or for other use, or to abate, 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 as required in LMC § 16.32.240 et seq.; or (b) requires the owner or party in interest, within the time specified in the order, to abate, 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 such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located;
(4) 
All matters submitted to the hearings examiner shall be resolved within 60 days of filing therewith.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
Any person affected by an order issued by the hearing examiner pursuant to this chapter may, within 30 days after service of the order, petition the superior court of Cowlitz County, Washington, for an injunction restraining the building official from carrying out the provisions of the order. In all such proceedings the court is authorized to affirm, reverse, or modify the order of the hearing examiner and such trials will be heard de novo. Absent an injunction issued by a court of competent jurisdiction, in accordance with RCW 35.80.030(2) as now or hereinafter amended, within 30 days after posting and service of the hearing examiner's order, the decision of the hearing examiner shall be final.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
(1) 
If the owner or party in interest fails to comply with a final order to repair, abate, alter, improve, vacate, close, remove or demolish the building, structure, and/or premises, the building official or hearing examiner may direct or cause such building, structure, and/or premises to be repaired, altered, abated, improved, vacated and closed, removed or demolished.
(2) 
The amount of the cost of such repairs, abatement, alterations or improvements, or vacating and closing, or removal or demolition shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. The county treasurer, upon certification to him by the treasurer of the municipality of the assessment amount being due and owing, 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 the same interest and penalties and when collected shall be deposited to the credit of the general fund of the municipality. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes as stated in RCW 35.80.030. If the dwelling, building or structure is removed or demolished, or the premises abated by the building official or commission, the building official or commission shall, if possible, sell the materials of such dwelling, building, structure, or premises and shall credit the proceeds of such sale against the cost of the removal or demolition and if there is any balance remaining, it shall be paid to the parties entitled thereto, as determined by the building official or commission, after deducting the cost incident thereto. The owner shall be given a reasonable time, specified in the order of the building official or commission, to remove personal property contained on/in said dwelling, building, structure, or premises.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)
A copy of the findings of fact of either the building official or of the hearing examiner shall be made available to any party in interest or person affected thereby upon demand.
(Ord. 1131 § 1, 1962; Ord. 3325 § 2, 2017; Ord. 3396 § 2, 2019)