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ORDnlANCB NO. .. 5 6 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHING~rON REPEALING
CHAPTER 15.12 ENTITLED "HOUSING CODE" AND ADDING A NEW CHAPTER
15. 12 ENTITLED "HOUSING CODE" WHICH AMENDS CERTA]:N SECTIONS OF
THE 1991 UNIFORM HOUSING CODE AND ADDS A NEW SEC1'ION.
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WHEREAS, the city of Auburn desires to repeal I Auburn City
Code Chapter 15.12 and to add a new Chapter 15.12 which amends
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certain sections of the 1991 Uniform Housing Code and adds a
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new section;
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NOW, THEREFORE, THE CITY COUNCIL OF THE Crry OF AUBURN,
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WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. PURPOSB. The purpose of this ordinance is to
repeal Auburn City Code Chapter 15.12 entitled "Housing Code"
and add a new Chapter 15.12 enti tIed "Housing Code" which
amends Sections 203 and 1101 (c) of the 1991 Uniform Housing
Code and adds a new Section 1404 to the 1991 Uniform Housing
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Code.
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Section 2.
Auburn City Code
RBPBAL OP CHAPTBR 15.12.
Chapter 15.12 entitled "Housing Code" contained in Title 15
entitled "Buildings and Construction" is herewith repealed in
its entirety.
Section 3. NEW CHAPTBR 15.12. There is hereby added to
Title 15 entitled "Buildings and Construction" a new Chapter
15.12 entitled "Housing Code" as set forth in Exhibit "A"
attached hereto and incorporated herein.
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Ordinance No. 4568
May 14, 1992
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section.. .
Should any section,
SEVERABILITY.
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subsection, paragraph, sentence, clause or phrase of this
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ordinance be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
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Section 5. The Mayor is hereby authorized to implement
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such administrative procedures as may be necesElary to carry
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out the directives of this legislation.
Section 6. This Ordinance shall take effe,ct and be in
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force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
:ý If: 9,;L/
:F-- / P'- f)c2,
5--/f9d--
PASSED:
APPROVED:
~??~
MAYOR
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Ordinance No. 4568
May 14, 1992
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~~L/L;;~
Robin Wohlhueter,
City Clerk
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ATTEST:
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APPROVED AS TO FORM:
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sÚ;SR~
City Attorney
Published:
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Ordinance No. 4568
May 14, 1992
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BXHIBIT "A"
Chapter 15.12
ROUSING CODB
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Sections I
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15.12.010 Services of notices and orders.
15.12.020 Injunctive Relief
15.12.030 Appeals
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15.12.010
Services of notice. and order..
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Section 1101(c) of the Uniform Building Code is amended
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to read as follows:
A.
Commencement of Proceedings. When the building official
has inspected or caused to be inspected building and has
found and determined that such building is i!i substandard
building,
the
building
official
shall
commence
proceedings to cause the repair, rehabilitation, vacation
or demolition of the building.
B.
Notice and Order.
The building official shall issue a
notice and order directed to the record owner of the
building. The notice and order shall contain:
1.
The street address
and a
legal description
sufficient for identification of the premises upon
which the building is located.
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Ordinance No. 4568 Exhibit 'A"
May 14, 1992
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2.
A statement that the building official has found the
building to be substandard with a brie,f and concise
description of the conditions found 1:0 render the
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building dangerous under the provisions of Section
202 of this code.
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3.
A statement of the action required tCI be taken as
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determined by the building official.
(a) If the building official has de1:ermined that
the building or structure must be repaired, the
order shall require that all required permits
be secured therefor and the work physically
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commenced within such time (not to exceed 60
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days from the date of the order) i'lnd completed
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within such time as the building official shall
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determine is reasonable under all of the
circumstances.
(b) If the building official has determined that
the building or structure must be vacated, the
order shall require that the building or
structure shall be vacated within a certain
time from the date of the order a,s determined
by the building official to be reaElonable.
(c) If the building official has determined that
the building or structure must be demolished,
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Ordinance No. 4568 Exhibit 'A"
May 14, 1992
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the order shall require that thl! building be
vacated within such time as the building
official shall determine reasoni'lble (not to
exceed 60 days from the date 01' the order),
that all required permits be secured therefor
within 60 days from the date of 'the order and
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that the demolition be completed wi thin such
time as the building official shall determine
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is reasonable.
4.
statements advising that if any required repair or
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demolition work
(without vacation also being
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required)
is not commenced wi thin the time
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specified, the building official (i) will order the
building vacated and posted to prevent further
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occupancy until the work is completed, and (ii) may
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proceed to cause the work to be done and charge the
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costs thereof against the property or its owner.
statements advising (i) that any perso,n having any
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record title or legal interest in the building may
appeal from the notice and order or any action of
the building official to the ((fte1:ls~ft'J-'e.s.,-ii!ery-'ð1'Id
appea%s--~ri» hearina examiner, provided the
appeal is made in writing as provided in this
Heese» chaDter, and filed HwH~ft» at the office
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Ordinance No. 4568 Exhibit 'A"
May 14, 1992
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c.
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of the
building official within 30 days from the
date of ttsepv~ee--o£--s1:left--II~-aftlil--o!.'de.J:» the
buildina official's determination or decision, and
(ii) that failure to file än appeal as Drovided in
this chaDter ttwH:%» shall constitutE! a waiver of
all
right
and
to
administrative
hearing
an
ttde~epmifta~~eft-e£-~matte.J:» adiudication of the
bui1dina official's decisions or determinations or
notice and order.
service of Notice and Order.
The notice and order, and
any amended or supplemental notice and order, sha 11 be
served upon the record owner, and posted on the property;
and one copy thereof sha II be served on each of the
following if known to the building official or disclosed
from official public records: the holder of any mortgage
or deed of trust or other lien or encumbranc=e of record;
the owner or holder of any lease of recc)rd; and the
holder of any other estate or legal interest of record in
or to the building or the land on which it: is located.
If the whereabouts of such Dersons is unknown and the
same cannot be ascertained bv the buildina official in
the exercise of reasonable diliaence and the buildina
official shall make an affidavit to that eff.!ct. then the
servina of such comDlaint or order UDon such Dersons mav
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Ordinance No_ 4568 Exhibit "A"
May 14, 1992
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D.
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be made bv nublishina the same each w'~ek. for two
consecutive weeks. in the official neWSDaner of the citv
of Auburn. The failure of the building official to serve
any person required herein to be servE!d shall not
invalidate any proceedings hereunder as to any other
person duly served or relieve any such peJrson from any
duty or obligation imposed by the provisions of this
section.
Method of Service. Service of the notice and order shall
be made upon all persons entitled tbereto either
personally or by mailing a copy of such notice and order
by certified mail, postage prepaid, return receipt
requested, to each such person at their address as it
appears on the last equalized assessment roll of the
county or as known to the building official.
If no
address of any such person so appears or is known to the
building official, then a copy of the notice and order
shall be so mailed, addressed to such person, at the
address of the building involved in the procl~edings. The
failure of any such person to receive such notice shall
not affect the validity of any proceedings taken under
this section.
Service by certified mail in the manner
herein provided shall be effective on 1:he date of
mailing.
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Ordinance No. 4568 Exhibit "A"
May 14, 1992
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E.
Proof of service of the notice and
Proof of Service.
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order shall be certified to at the time of service by a
written declaration under penalty of perjury executed by
the person effecting service, declaring the time, date
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and manner in which service was made.
The declaration,
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together
in
with
receipt
any
card
returned
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acknowledgement of receipt by certified matil, shall be
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affixed to the copy of the notice and order retained by
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the building official.
15.12.020
Injunctive Relief
There shall be added to the Uniform Housing Code, 1991
Edition, Chapter 14, a new Section 1404 to read as follows:
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Order Issued by Building Official.
Any person affected
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by an Order issued by the Building Official pursuant to the
provisions of this code may, within thirty (30) d,'lYs after the
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posting and service of the Order, petition the Superior Court
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, such trial shall be heard de novo.
15.12.030
Appeal..
Section 203 of the Uniform Housing Code is aMlended to
read as follows:
ffHegS%Ne-ABv%seR¥-ANB-APPBA~s-ttBeARB»
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Ordinance No. 4568 Exhibit 'A"
May 14, 1992
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¡'eaPð~---~-~'fIq--e.è..,-ii!ery--aftà- a~ea~-~~-~-i--¡'e
appe*ft~eè.-~-~~~CI~~ ~eày aftè.-~fta-i-i-~~~ ffi~~-~~s
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p%eas1:lpe~---~-~~-i!fte.ii--adep~-~~--o£-_~roceà1:lI~_fep
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6ee~~eft-~~~~--o£-~~~~--eep-iee-e-f-~~~·~~_ppeeeè.1:Ipe
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The appeal and aDDeal Drocedures for the 1991 Uniform
Housina Code shall be the same aDPeal and aDDeal ['rocedures as
those adoDted for the 1991 Uniform Buildina Code in Auburn
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Ordinance No. 4568 Exhibit "A"
May 14, 1992
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Citv Code Subsection 15.08 and are adoDted bv re,ference as if
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fullv set forth herein.
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eeè.e.,.) )
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Ordinance No. 4568 Exhibit "A"
May 14, 1992
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