HomeMy WebLinkAboutITEM VIII-A-2
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 5916
Department: Planning and
Community Development
Attachments:
Ordinance No. 5916
Date:
May 10, 2005
Budget Impact:
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5916.
Background Summary:
On April 18, 2005 the Municipal Services Committee discussed Auburn City Code (ACC) Chapter 5.90
entitled "Condominium Conversions" and directed the City Attorney to prepare an ordinance repealing
Chapter 5.90 from the City Code. Ordinance No. 5916 implements the Municipal Services Committee's
direction.
As discussed at the Municipal Services Committee's April 18, 2005 meeting, the City from time to time
receives inquiries from customers expressing interest in converting rental units to condominiums. These
customers are directed to the provisions of Auburn City Code (ACC) Chapter 5.90 entitled "Condominium
Conversions". This Chapter was adopted in 1978 by Ordinance No. 3340. It appears that this code
provision was amended once in 1990 to include provisions for Fire Safety conditions.
L0516-3
07.1
Reviewed by Council & Committees:
~Arts Commission COUNCIL COMMITTE S:
Airport ~ Finance
Hearing Examiner Municipal Servo
Human Services Planning & CD
Park Board Public Works
Planning Comm. Other
~eviewed by Departments & Divisions:
~ Building ~ M&O
,..... Cemetery Mayor
,..... Finance Parks
...., Fire Planning
~ Legal Police
,..... Public Works Human Resources
Information Services
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
DYes DNo
DYes DNo
Call for Public Hearing _/_/_
Until / /
Until / /
I Staff: Krauss
litem Number: VIlI.A.2
Councilmember: Cerino
Meeting Date: May 16, 2005
Agenda Subject:
Ordinance No. 5916
Date:
5/10/05
In general, ACC Chapter 5.90 provides for:
· A minimum 120 day written notice to building tenants prior to offering any rental unit or units for sale,
with notice to include specifying individual units to be sold and purchasing price;
· An opportunity for a tenant to purchase his/her unit;
· Making a unit available for purchase to other tenants in the building should the tenant occupying that
unit choose not to purchase it;
· Relocation assistance of $350.00 per unit paid to tenants who vacate either voluntarily or
involuntarily;
· Obligating a developer interested in converting rental units to condominiums to, prior to providing
tenants with 120 day written notice above, request a housing code inspection from the City's building
department to ensure compliance with the City's minimum housing code. In addition, the code
requires that all violations of the housing code revealed by the inspection be corrected at least seven
days prior to the closing date of the sale of the first unit or by a compliance date identified on the
inspection report;
· Certification by the City's building department that repairs identified in the inspection have been
made;
· A requirement that the developer provide the building department with certification to purchasers prior
to closure of the sale;
· A requirement that certain language addressing fire safety conditions be included in the declaration of
covenants;
· A requirement of the developer to warrant certain repairs and establish an escrow fund in an amount
equal to 10 percent of the costs of repairs and improvements warranted;
Condominium conversion ordinances traditionally provide tenants with relocation assistance as well as
with an exclusive right to purchase a unit. They are, however, more common to large cities in
metropolitan areas confronting tight rental vacancies.
One of the objectives of the City's condominium conversion code is to ensure adequate housing
conditions exist in the event rental units are converted to a condominium format. Yet the City's recently
adopted Multi-Family Licensing program works toward accomplishing many of these objectives for
adequate housing (at least for multi-family development with eight or more units). Also, as the City of
Auburn continues to develop its permit center and reviews existing code requirements, it became
apparent that staff has not implemented this code provision anytime in recent memory, certainly at least
not in the past ten years. Its removal from the City Code is therefore appropriate.
MS\ORD 5916
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Page 2 of 2
ORDINANCE NO. 5 9 1 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, REPEALING
CHAPTER 5.90 OF THE AUBURN CITY CODE
RELATING TO CONDOMINIUM CONVERSION
WHEREAS, since 1978, the City of Auburn has had in its City Code
provisions dealing with the conversion of property to condominiums, codified in
Chapter 5.90 of the City Code; and
WHEREAS, although that chapter has been modified from time to time
sicnce originally adopted, it has seen very little, if any use, in terms of the
application of its provisions to actual condominium conversions within the City
of Auburn; and
WHEREAS, because the conversion of condominiums is an area of
property development that is subject to flux and because of the minimal/lack of
use that this chapter has experienced, it would be appropriate for the City to
repeal the current provisions of Chapter 5.90 and for the planning department to
evaluate the need for provisions thereafter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Repeal of City Code Chapter. The provision of chapter
5.90 of the Auburn City Code are hereby repealed.
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Ordinance 5916
April 20, 2005
Page 1
~-_._-_.-
Section 2.
Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to c:arry out
the directions of this legislation.
Section 3. Severabilitv. The provisions of this ordinance are deGlared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 4. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
DATED and SIGNED this _ day of
,2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
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Ordinance 5916
April 20, 2005
Page 2
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ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
o .
City Attorney
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Ordinance 5916
April 20, 2005
Page 3