A. 
Title. This article shall be known as the Dangerous Buildings Code, may be cited as such, and will be referred to herein as “this code.”
B. 
Purpose and Scope. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Fire Code, or any other means available by law, whereby buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished.
The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.
The provisions of this code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous.
C. 
Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
D. 
Liability. The building official and authorized representatives charged with the enforcement of this code shall not be held personally liable for any act or omission that occurs during the performance of official duties.
(Ord. 323 (2004) § 97, 2004; Ord. 638 (2025) § 25, 2025)
A. 
Administration. The building official, the fire marshal, and the health officer shall have authority as necessary in the interest of public health, safety and general welfare to perform inspections and enforce the provisions of this code. The building official or fire marshal shall have authority to adopt and promulgate rules and procedures; to interpret and implement the provisions of this code; to secure the intent thereof; and to designate requirements due to local conditions. Such rules and interpretations shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety.
B. 
Inspections. All buildings within the scope of this code and all construction work for which a permit is required shall be subject to inspection by the building official, fire marshal and health officer in accordance with the requirements of this code, the Kitsap County building and fire code, and any other laws and ordinances of Kitsap County.
C. 
Right of Entry. When it is necessary to perform an inspection to enforce the provisions of this code, or when the building official, or the building official’s authorized representative has reasonable cause to believe that there exists in a building or upon a premises a condition contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such a building or premises be occupied, that credentials be presented to the occupant and entry requested. If such building or premises is not occupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
D. 
Alterations, Additions and Repairs. All buildings or structures which are required to be repaired under the provisions of this code.
E. 
Violations. Failure to comply with any provision or requirement of this code, failure to comply with a directive or order of the code official made pursuant to the code official’s authority under this code, or failure to comply with permit conditions or certificates issued pursuant to this code are considered violations of this code. Violations will be enforced in accordance with Section 14.04.065.
F. 
Misdemeanor. In addition to the penalties provided in subsection (E) of this section, occupancy of a building declared to be dangerous, in accordance with Sections 14.04.870 and 14.04.875, or the removal or defacement of a dangerous building notice, shall be a misdemeanor in accordance with RCW 36.43.040 and shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than $1,000.00, or by both such imprisonment and fine.
G. 
Appeals. Notices of appeal of orders, decisions or determinations of the building official or fire marshal regarding dangerous buildings, shall be filed with the Kitsap County department of community development within twenty-one days of the order, decision or determination on a form available at the department of community development for such purpose. Appeals shall be heard by the Kitsap County hearing examiner in accordance with Chapter 21.04.
(Ord. 323 (2004) § 98, 2004; Ord. 391 (2007) § 31, 2007; Ord. 592 (2021) § 28, 2021)
[1]
Editor’s Note: Former Section 14.04.865, “Dangerous buildings,” was repealed by § 32 of Ord. 391 (2007). Section 99 of Ord. 323 (2004) was formerly codified herein.
A. 
Definitions, General. For the purposes of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this article or as specified in the Kitsap County building and fire code. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine.
B. 
“Building code” means the Kitsap County building and fire code, including the International Building Code as adopted by Section 14.04.040.
C. 
“Dangerous building” is any building or structure which has any one or several of the conditions or defects described within subsections (C)(1) through (19) of this section; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the building’s occupants are endangered; or a building or structure that is found in whole or in part to be an unlawful structure; occupied by more persons than permitted by this code, the building code, or the fire code; or was erected, altered or occupied contrary to the provisions of the Kitsap County building and fire code.
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 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. 
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially 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.
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 support of 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, for any reason, 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 thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
12. 
Whenever the building or structure has become so dilapidated, deteriorated or open and unsecure such that it is: (a) an attractive nuisance to children; (b) a harbor for vagrants, criminals or immoral persons; or as to (c) enable such 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 as specified in the Kitsap County building and fire code, or of any other law or ordinance of Washington State or Kitsap County 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 and ordinances, has in any nonsupporting part, member or portion less than fifty percent, or in any supporting part, member or portion less than sixty-six 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 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, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer 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 known to the common law or in equity jurisprudence.
18. 
Whenever any portion of the building or structure remains on a site after the demolition or destruction 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.
19. 
Whenever a building or structure, used or intended to be used for dwelling purposes, because of improper storage of combustible or noncombustible items so as to cause an over-loaded condition on floor, stair or ceiling elements; inadequate or blocked egress path or emergency egress; or other conditions that are likely to cause risk of structural failure is determined by the building official to be unsafe or unfit for human habitation or is determined by the fire marshal to be a fire hazard.
(Ord. 323 (2004) § 100, 2004; Ord. 592 (2021) § 29, 2021)
A. 
Declaration of Dangerous Buildings. All buildings or portions thereof which are determined after inspection by the building official or authorized representative, to be dangerous as defined in Section 14.04.870 of this code, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. Upon the determination that a building or structure is dangerous, the building official shall issue a notice of violation with an order to correct the violation(s) or initiate a nuisance abatement action in the Superior Court in accordance with RCW 7.48.
B. 
Emergency Measures. When, in the opinion of the building official or fire marshal, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of geologic hazard, explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the building official and fire marshal are hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The building official or fire marshal shall cause to be posted at each entrance to such building, structure or premises a notice essentially as follows:
DO NOT ENTER
THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL
It shall be a misdemeanor to remove or deface this placard; or, to occupy such structure; or, for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.
No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the building official.
When vacation orders are issued as emergency measures, a notice of violation and order to abate the dangerous condition shall be prepared and served in accordance with Kitsap County Code Section 14.04.875(A) as soon as practical.
C. 
Orders. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, no person to whom such an order is directed shall fail, neglect or refuse to obey such order. Any such person who fails to comply with any such order is guilty of a class 1 civil infraction in accordance with Kitsap County Code Chapter 2.116, or of a misdemeanor in accordance with Kitsap County Code Section 14.04.060(E) and RCW 36.43.040, as well as any other law or ordinance as provided by law.
D. 
Failure to Obey Order. After any order of the building official, fire marshal or hearings examiner made pursuant to this code has become final, and any person to whom such an order is directed fails, neglects or refuses to obey such order, the building official or fire marshal shall either: (a) cause such person to be prosecuted in accordance with Kitsap County Code Chapter 2.116; or, (b) institute any appropriate action to abate such condition as a public nuisance in accordance with Kitsap County Code Chapter 9.56; or, (c) initiate any appropriate action to abate such condition as a public nuisance by filing for a warrant of abatement with the Clerk of the Kitsap County Superior Court.
E. 
Failure to Commence Work. Whenever the required repair, removal or demolition is not commenced within 30 days after any final notice and order issued pursuant to this code becomes effective, the building official or fire marshal shall cause the building, structure or premises described in such notice to be vacated by posting at each entrance to such building, structure or premises a notice essentially as follows:
DO NOT ENTER
THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY HAS BEEN PROHIBITED BY THE CODE OFFICIAL
It shall be a misdemeanor to remove or deface this placard; or, to occupy such structure; or, for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or for demolishing the building or structure.
No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal of hazard is complete, and the abatement has received final approval by the building official.
In addition, the building official or fire marshal may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building or structure unsafe as set forth in the notice and order; or, if the notice and order required demolition, to cause the building or structure to be demolished and the materials, rubble and resultant debris removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner provided in this code.
F. 
Interference. No person shall hinder, delay, obstruct or interfere with any officer, employee, contractor or authorized representative of this jurisdiction while performing any necessary act preliminary to or incidental to such work pursuant to this code. Any person who knowingly hinders, delays, obstructs or interferes with any county employee performing official duties in abating a nuisance pursuant to this code, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety (90) days and/or a fine not exceeding $1,000.00 in accordance with Kitsap County Code Section 9.56.060.
G. 
Performance. When any work of repair or demolition is to be done pursuant to the provisions of this code, the building official shall, by contract or arrangement with private contractors, or by agreement with Kitsap County Public Works, cause the building or structure to be repaired or demolished, and the cost of such repair or demolition shall be charged against the real estate upon which the building or structure is located, and shall be a lien upon such real estate.
(Ord. 323 (2004) § 101, 2004; Ord. 391 (2007) § 33, 2007)
A. 
Accounting. The director of the department of community development shall keep an itemized accounting of the expenses incurred by the department in the course of repair or demolition of any building or structure pursuant to the provisions of this code. Upon completion of the demolition or repair work as ordered, the director shall prepare an expense report specifying the work performed, the itemized cost of such work, and the legal description of the property upon which the work was performed.
B. 
Billing. The department of community development shall forward to the legal owner of the said property an itemized billing of the total cost for the repair or demolition as required by this code. Such billing shall be sent by certified mail, postage prepaid, addressed to the owner as the owner’s name and address appear on the last equalized tax roll of Kitsap County. Said bill shall be due and payable within sixty days of receipt.
C. 
Billing Appeal. The owner, upon receipt of said billing may file a written appeal to the board of county commissioners within thirty days. Said appeal shall contain the legal description of the property and the basis for the appeal. The board shall schedule said hearing within thirty days and shall uphold the appeal, deny the appeal or modify the billing as they may determine. Within thirty days of the decision of the board the balance of the billing due to the county shall become due and payable and if unpaid shall become a special assessment against the property as a lien.
D. 
Assessment. Upon certification of the assessment amount being due and owing, the county treasurer shall enter the amount of the assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. When collected, the amount of the assessment shall be deposited to the credit of the fund of the county from which the expenditures for abatement were paid.
E. 
Priority. The assessment shall constitute a lien against the property that shall be of equal rank with state, county and municipal taxes.
(Ord. 224 (1998) § 8.1, 1998; Ord. 323 (2004) § 102, 2004; Ord. 391 (2007) § 34, 2007)