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ORDINANCE NO. 4 3 7 8
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON AMENDING
CHAPTER 15.16 ENTITLED "DANGEROUS BUILDINGS CODE" TO DELETE
INJUNCTIVE RELIEF AND CERTAIN OTHER PROVISIONS AND TO AMEND
INTEREST RATE AND ADD PENALTY ON DELINQUENT ASSESSMENTS AND
SERVICE OF NOTICE AND ORDER PROVISIONS.
WHEREAS, the City of Auburn desires to amend Auburn
City Code Chapter 15.16 entitled "Dangerous Buildings Code"
to delete injunctive relief and certain other provisions and
to amend interest rate provisions and add a penalty on
delinquent assessments and add service of notice and order
provisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this ordinance is
to amend Auburn City Code Chapter 15.16 entitled "Dangerous
Building Code" to delete injunctive relief and certain other
provisions and to amend interest rate provisions and add a
-.penalty on delinquent assessments and add service of notice
and order provisions.
Section 2. AMENDMENTS. Auburn City Code Chapter 15.16
entitled "Dangerous Buildings Code" is hereby amended as
follows:
15.16.010 Section 401(c) amended --Service of notices
and orders.
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Ordinance No. 4378
Page 1
August 15, 1990
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Chapter 4, Section 401(c) of the Uniform Code for
the Abatement of Dangerous Buildings is amended and
shall read as follows:
(c) Service of Notice and order. The notice
and order, and any amended or supplemental notice
and order, shall be served upon the record owner,
and posted on the property; and one copy thereof
shall 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
encumbrance of record; the owner or holder of any
lease of record; 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 persons is unknown
and the same cannot be ascertained by the Building
Official in the exercise of reasonable diligence
and the Building Official shall make an affidavit
to that effect, then the serving of such complaint
or order upon such person may be made by
publishing the same each week, for two consecutive
weeks, in the official newspaper of the City of
Auburn.
The failure of the Building Official to serve
any person required herein to be served shall not
invalidate any proceedings hereunder as to any
other person duly served or relieve any such
person from any duty or obligation imposed on him
by the provisions of this Section.
((i57}67e26--Seet4:en-6e5f�}-added--€n3unetive-re€le€-
�he�e-sha€€-be-added-te-2hapte�-p;-Seet�en-6e5;-e€
the-Hni€e�rt-2ede-€ems-the-Abatement-a€-Bange�eus
Buildings--a-subseet�en-{�}-te-mead-es-€e€€ews�
ufi}--Any-persen-a€€eeted-bp-an-6rder-issued-bp
the-Building-9€€ieia�-ems-Beamed-a€-Appea€s-pursuant-te
the-p�e�isiens-e€-this-eerie-map;-within-thi�tp-fie}
daps-a€tee-pasting-and-se��iee-e€-the-6�de�--peti€ien
the-Supe�ie�-8eurt-€ems-an-in�unetien-�est�aining-the
pub€ie-a€€iee�-ems-members-e€-the-Bead-€gem-ea��ping
eut-the-p�e�isiens-e€-the-6�de�---€�-a€€-sueh
p�eeeedings-the-Eeu�t-is-authe�i�ed-te-a€€ism--�e�e�se;
e�-medi€p-the-9�de�-and-sueh-t�ia€-sha€€-be-head-de
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Ordinance No. 4378
Page 2
August 15, 1990
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((157167936)) 15.16.020 Section 801(b) amended-
((Repair-er-demelitiem)) costs.((6enerally7))
Section 801(b) of the Uniform Code for the
Abatement of Dangerous Buildings shall be amended to
read as follows:
(b) Costs. The cost of such work shall be
paid from ((the-Repair-and-Beme€itien-Feted-and-the
eity-shall-be-reimbursed-as-provided-in-ehapter
Nine-{9}-e€-this-eede)) such account as deemed
appropriate by the Finance Director.
15.16.030 Section 802 -- REPAIR AND DEMOLITION FUND
deleted.
((Beefier-86�-{a}--Genera€---the-legislative-bedy
e€-this-�erisdietier-sha€€-estab€ish-a-speeial
re�e€�irg-€end-fe-be-des€grated-as-the-repair-and
dame€€fier-€end---Payments-sha€€-be-made-eat-e€-said
€end-open-the-demand-e€-the-direefer-a€-peblie-war#s-fe
defray-the-eests-and-expenses-whieh-may-be-ineerred-by
this-�erisdietier-ir-deirg-er-eausirg-fe-be-dare-the
neeessary-wank-e€-repair-er-d�melifier-a€-dargerees
bei€dimgs-))
(({b}--Nairteraree-a€-Purd---the-legislafi�e-bedy
may-af-any-time-trans€er-fe-the-repair-and-Bemelifien
€end;-eat-e€-any-money-in-fhe-genera€-€end-a€-fhis
�erisdief€en--seep-sews-as-}t-may-deem-neeessary-€n
ender-fe-e�pedife-the-per€ermaree-e€-the-wank-e€-repair
er-d�melitien--and-any-sum-se-trans€erred-sha€€-be
deemed-a-}ear-te-the-repair-and-Bemelifier-€end-and
sha€€-be-repaid-eat-e€-the-preeeeds-e€-the-eel€eat}ens
hereira€ter-presided-€er---A€€-€ends-ee€leafed-ender
the-preeeedings-hereinafter-previded-€er-shall-be-paid
te-the-treasurer-e€-this-�urisdietier-who-shall-eredit
the-same-te-the-repair-and-Bemelitien-€und-))
((157167646--Seetien-965-amended--Repa4:r-er-demelitien
eests--Assessments-))
((Beefier-995-e€-the-Hri€arm-eerie-€er-the
Abatement-a€-Bangereus-Buildings-is-amended-fe-read-as
€ellewsy))
((uSeefien-995---Assessment-e€-east.---�haf-the
ameerf-e€-the-east-e€-seep-repairs;-alterations-er
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Ordinance No. 4378
Page 3
August 15, 1990
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imp�e�ements--e�-�aeating-and-elesing-e�-�emedel-ems
demelitien-bp-the-$ea�d-e€-Appeals-ems-Building
9€€ieial--sha€€-be-assessed-agains€-the-yea€-p�epe�tp
open-whieh-s�eh-east-was-ine���ed-unless-saeh-amean€-is
previeaslp-paid---the-eeentp-treasurer--upon
ee�ti€ieatien-te-him-bp-the-Finenee-Hi�eete�-e€-the
eitp-a€-A�b��n-e€-the-assessment-ame�nt-being-doe-and
awning--shall-enter-the-ame�nt-a€-s�eh-assessment-open
the-tax-cells-against-the-prepertp-€er-the-eurrent-pear
and-the-same-shall-beeeme-a-part-e€-the-general-taxes
€er-that-pear-to-be-eelleeted-at-the-same-time-and-with
the-same-interest-feet-te-eweeed-the-Being-rate}-and
penalties;-and-when-eelleeted-shall-be-depesited-te-the
e�edit-e€-the-general-€and-e€-the-eitp-a€-Aab��n=u))
((l5-16-ASA--Seetien-9A�-amended--Repair-ems-demolition
oasts--lnsallment-payments-))
((Seetien-9A�-e€-the-Hni€e�m-eerie-€ems-the
Abatement-a€-Hange�eas-Buildings-is-amended-te-mead-as
€allows=))
((uSeetien-9A�---Chet-i€-the-total-assessment-due
and-awing-e�eeeds-twenty-€ire-f$�5-AA}-Bella�s-the-eitp
eea�eil-shall--upon-written-�egaest-e€-the-ewne�-ems
pasties-in-interest;-divide-the-ame�nt-due-irate-ten
equal-anneal-installments;-sab�eets-te-ea�lie�-payment
at-the-option-e€-the-ewne�-ems-pasties-in-interest-u))
15.16.040 REPORT TRANSMITTED TO COUNCIL - SET FOR
HEARING. Section 902 amended.
Sec. 902. Upon receipt of said report, the clerk
of this jurisdiction shall present it to the
legislative body of this jurisdiction for
consideration. The legislative body of this
jurisdiction shall fix a time, date and place for
hearing said report and any protests or objections
thereto. The clerk of this jurisdiction shall cause
notice of said hearing to be posted upon the property
involved, published once in a newspaper of general
circulation in this jurisdiction, and served by
certified mail, postage prepaid, addressed to the owner
of the property as his name and address appear on the
last equalized assessment roll of the county if such so
appear,, or as known to the clerk and to persons
entitled to notice pursuant to Subsection (c) of
SECTION 401. Such notice shall be given at least 10
Ordinance No. 4378
Page 4
August 15, 1990
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days prior to the date set for hearing and shall
specify the day, hour and place when the legislative
body will hear and pass upon the director's report,
together with any objections or protests which may be
filed as hereinafter provided by any person interested
in or affected by the proposed charge.
15.16.050 PERSONAL OBLIGATION OR SPECIAL ASSESSMENT
Section 905(c) amended.
Section 905, subsection (c) of the Uniform Code
for the Abatement of Dangerous Buildings is hereby
amended as follows:
(c) Special Assessment and Lien. If the
legislative body of this jurisdiction orders that the
charge shall be assessed against the property it shall
confirm the assessment, cause the same to be recorded
on the assessment roll, and thereafter said assessment
shall constitute a special assessment against and a
lien upon the property which shall be of equal rank
with state, county and municipal taxes.
15.16.060 LIEN OF ASSESSMENT Section 908(b)
((deleted)) amended.
Section 908, subsection (b) of the Uniform Code
for the Abatement of Dangerous Buildings is ((deleted7
Fer-related-prevlslens7-see-Seetlen-965;-es-amended))
amended to read follows:
(b) Interest. All such assessments remaining
unpaid after 30 days from the date of recording on the
assessment roll shall become delinquent and shall bear
interest at the rate of ((7)) 12 percent per annum plus
penalties from and after said date as provided for in
RCW 84.56.020. as now or hereafter amended, for
delinquent taxes.
15.16.070 REPORT TO ASSESSOR AND ((TAX-e6BBEeTeR))
COUNTY TREASURER: ADDITION OF ASSESSMENT TO TAX
((BILL)) ROLL.
Section 909 of the Uniform Code for the Abatement
of Dangerous Buildings is hereby amended as follows:
Sec. 909. After confirmation of the report,
certified copies of the assessment and lien shall be
given to the assessor and the ((tax-eelleeter)) county
treasurer for this jurisdiction, who shall ((add))
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Ordinance No. 4378
Page 5
August 15, 1990
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enter the amount of the assessment ((te-the-next
regular-tax-bill-levied-against-the-pareel-fer
monieipal-purpeses)) 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
34.56.020, as now or hereafter amended, for delinquent
taxes, and when collected to be deposited to the credit
of the general fund of the municipality.
15.16.080 FILING OF REPORT WITH COUNTY AUDITOR.
Section 910 of the Uniform Code for the Abatement
of Dangerous Buildings is hereby amended as follows:
Sec. 910. If the county assessor and the county
((tax-eelleeter)) treasurer assess property and collect
taxes for this jurisdiction, a certified copy of the
assessment shall be filed with the county auditor_ ((en
er-befere-August-16th-)) The descriptions of the
parcels reported shall be those used for the same
parcels on the county assessor's map books for the
current year.
15.16.090 RECOVERED MONIES. ((REPAYMENT-6P-REPAIR-ANB
BEM9LITIGN-FUND7) )
Section 912 of the Uniform Code for the Abatement
of Dangerous Buildings is hereby amended as follows:
Sec. 912. All money recovered by payment of the
charge or assessment or from the sale of the property
at foreclosure sale shall be paid to the ((treasurer -of
this-�o�i9dietien;-�ahe-shall-e�edit-the-same-te-the
�epa}�-and-demelitien-fond.-)) Finance Director, who
shall credit the same to the appropriate account.
Section 3. CONSTITUTIONALITY OR INVALIDITY. If any
section, subsection, clause or phrase of Chapter 15.16 is
for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
the chapter, it being hereby expressly declared that this
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Ordinance No. 4378
Page 6
August 15, 1990
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title and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase
be declared invalid or unconstitutional.
Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
INTRODUCED• �Q� ` Z 7' 9 /
PASSED: / 9
ATTEST:
Robin Wohlhueter, City Clerk
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Ordinance No. 4378
Page 7
August 15, 1990
" C, i V n
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APPROVED AS TO FORM:
City Attorney
PUBLISHED:
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Ordinance No. 4378
Page 8
August 15, 1990
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the,City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the foregoing is a full,
true- and correct copy of Ordinance No. 4378 of the ordinances of the City of Auburn,
entitled "AN ORDINANCE."
I certify that said Ordinance No. 4378 was duly passed by the Council and
,approved by the Mayor of the said City of Auburn, on the the 17th day of December
A.D:; 1990.
I further certify 'that said Ordinance No. 4378 was published as provided by law
in the Valley Daily'News, a daily newspaper published in the City of Auburn, and of
general circulation therein, on the 23rd day of December, A.D., 1990.
Witness -my hand and the official seal of the City of Auburn this
December 28,, 1990; A.D.
Robin Wohlhueter,
City Clerk"�\
City of Auburn,
25 West Main, Auburn, WA 98001-4998 (206) 931-3000