Ordinance 18-002 Unfit Dwellings CITY OF' SPOI{ANE VALLEY
SPOKANE COUNTY,W A,SHINGTON
ORDINANCE NO, 18-402
AN. ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A NEW CHAPTER 17.105 OF THE SPOKANE VALLEY
MUNICIPAL CODE REGULATING UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES,
AMENDING SPOKANE VALLEY MUNICIPAL cony, 17.90.1110 FOR UNFIT DWELLINGS,
BUILDINGS,AND STRUCTURES,AND OTHER MATTERS RELATING TEIERETO.
WHEREAS, unkempt, unsafe, unsanitary and otherwise improperly maintained dwellings and
structures that arc not fit for human habitation or other uses pose hazards to the public health, safety and
Welfare; and
WHEREAS, these conditions also adversely affect the value, utility and habitability of property
within the City as a whole and specifically cause substantial damage to adjoining and nearby property; and
WHEREAS,AS, there exists unkempt, unsafe, unsanitary and otherwise improperly maintained
dwellings, buildings, structures,and premises that arc riot fit for human habitation or other uses; and
WHEREAS, it is [he responsibility of property owners to properly maintain their properties and
dwellings, buildings and structure t ereon,
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington,ordains as follows:
Section 1. Purpose, The purpose and intent of this Ordinance is to establish a regulatory framework
pursuant to chapter 35.80 RCW to inspect, repair, and demolish unfit dwellings, buildings, structures, and
premises that arc unfit for human habitation or other use and which are a hazard and threat to public health,
safety and welfare within the City of Spokane Valley.
Section.2, Adoption, That SVMC Title 17 ice amended by adding a new chapter,to he designated"Chapter
17.105 Unfit Dwellings,Buildings, and Structures"- as follows:
17.1.45.01.0 Findings; Purpose.
It is found that there exists in the City of Spokane Valley dwellings, buildings, structures, and
premises which are unfit for human habitation and which are unfit for other uses due to dilapidation,
disrepair, structural defects, defects increasing the hazards of fire, accidents; or other calamities,
inadequate drainage, overcrowding, or due to other conditions which are harmful to the health and
welfare of the residents of tire.City.
This chapter is adopted pursuant to chapter 35.80 RCW and is intended to clarify and strengthen
lire City's procedures for abating such unfit dwellings, buildings, structures, and premises. This
chapter shall only be used for those purposes specified in chapter 35.80 RCW and shall be in
addition and supplemental to the powers conferred by any other law, including but net limited to
chapter 7.05 SVMC and chapter 17.100 SVMC.
Ordinance 18-002 Regulating Unfit Structures Page 1 of l(
17.105. 20 Enforcement authority and powers.
A. The responsibility for administration and enforcement of chapter 17.105 SVMC, unless
otherwise provided, is vested in the City Manager or his or her designee(s). All references to City
Manager herein shall include his or her designee(s). The City Manager is designated as the City's
"improvement officer" pursuant to RCW 35.80.030 for purposes of chapter 17.105 SVMC.
B. The Hearing Examiner is hereby designated as the "appeals commission" pursuant. to RCW
35,#0.030 for the purposes of chapter 17.105 SVMC and shall have all rights and responsibilities
for hearing appeals of administrialive orders issued by the City Manager,
C. The City Manager may exercise such lawful power's as may be necessary or convenient to
effectuate the purposes and provisions of chapter 17.105 SVMC. These powers shall include,but
are riot limited to the following:
f. T'n deter•m i nes pursuant to standards proscribed herein and by the residential,property,
and building codes adopted pursuant to chapter 24.40 SVMC,as the same now exist or are
hereafter amended,which dwellings within the City are unfit for human habitation;
2. '1'o determine, pursuant to standards proscribed herein and by the residential, property,
and building codes adopted pursuant to chapter 24.40 SMC, as the same now exist or
may hereafter be amended, which buildings, structures,or premises are unfit for other use;
3. 'I'o administer oaths and affirmations, examine witnesses and receive evidence;
4. To investigate the dwelling or other property conditions in the City and to enter upon
premises to make examinations when the City Manager has reasonable grounds to believe
such dwellings,buildings,structures,or premises are unfit for human habitation or for other
use; provided such investigations shall comply with all applicable constitutional, federal,
state, and local laws and shall be made in such a manner as to cause the least possible
inconvenience to the persons in possession;
5. To obtain an order from a court of competent jui sdietion for the purpose of'entering
premises to make such examinations,after subrn itti ng evidence in support of an application
which is adequate to justify such an order in the event entry is denied or resisted;
ra. .to conduct all necessary hearings relator to a determination of unfitness and to impose
and require such remedies and penalties as may be appropriate to vacate, improve, repair,
remove, or demolish unfit dwellings, buildings, structures,or premises;
7. To take all such actions as necessary to collect or assess any allowable costs, fees, or
penalties as a result°factions taken pursuant to chapter 17.105 SVMC as allowed by law;
and
8. To take such other action as may be reasonably necessary and related to administer,
enforce, and carry out the requirements of chapter 17.105 SMC_
Ordinance 18-002 Regulating Unfit Structures Page 2 of 16
17.105.03(1 Procedure to abate unfit dwellings, buildings,structures,nr premises_
A, Complaint.
1. If the City Manager, after a preliminary investigation, finds that any dwelling, building,
structure or premises is unfit for human habitation or other use pursuant to SVMC
17.1 05.040.the City Manager shall cause a written complaint to be served either personally
or by certified mail, with return receipt requested, upon all persons having any interest
therein, as shown upon the records of the Spokane County Auditor, and shall post the
complaint in a conspicuous place on the property that is the subject of the complaint
2. If the whereabouts of any such persons is unknown and cannot be ascertained by the
City Manager in the exercise of reasonable diligence, and the City Manager makes an
affidavit to that effect with the complaint,then service may he made by:
(a) personal service, or
(b) mailing the complaint and affidavit by certified mail, postage prepaid, return
receipt requested,to each such person at[he address of the building involved in the
proceeding, and mailing a copy of'the complaint and affidavit by first-class mail
to any address listed fhr each such person in the records of the Spokane County
Assessor or Spokane County Auditor.
3. The complaint shall state in what respects such dwelling,building,structure,orprem ises
is unfit for human habitation or other use pursuant to SVMC 17.]05.040, the applicable
remedies that.will be sought, notice of any penalties, and notice that if the City is required
to abate the conditions, it may seek all costs, fees and expenses and such costs, fees, and
expenses may be assessed upon the property and collected as allowed by law.
4. 'l'he complaint.shall contain notice that a hearing shall be held before the City Manager
at a place specified in the complaint, not less than 10 days nor more than 30 days after the
serving of the complaint, and that all parties in interest have the right to file an answer to
the complaint, appear in person, or otherwise, and to give testimony at the lime and place
in the complaint.
5. A copy of the complaint and any supporting affidavit shall he tiled with the Spokane
County Auditor, and the filing of the complaint shall have the same force and effect as
other lis penderkw notices provided by law.
B. Hearing. As specified in the complaint,the City Manager shall conduct a hearing to determine
if a dwelling,building,structure,or premises is unfit for human habitation or other use. Al] persons
identified in the complaint shall have the right and opportunity to file an answer with the City
Manager and appear at the hearing in person, or otherwise, and give testimony concerning the
prelirninaly determination set forth in the complaint. The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the City Manager. At the conclusion of
the hearing.,after taking all testimony and reviewing all submitted evidence,the City Manager shall
make a determination as to whether the dwelling,building, structure,or premises is unfit for human
habitation or other use pursuant to SVMC 17.1 05.040.
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C. Findings and Order.
1. Upon a determination that a dwelling,building, structure,or premises is unfit for human
habitation or other use pursuant to SVMC 17-105.030(13); the City Manager shall make
written findings of fact in support of such determination, and shall issue and cause to be
served upon each owner and party in interest as identified in the complaint, either
personal Iy or by certified mail with retiu'n receipt requested,and shall post in a conspicuous
place on the property., an order [hat:
(a)requires the owner and other parties in interest, within the time specified iti the
order, to repair, alter, or improve such dwelling, building structure, or premises to
render it fit for human habitation or for other appropriate use, or to vacate, close,
and secure the dwelling, building,structure,or premises, if that course of action is
deemed lawful and reasonable pursuant to SV MC 17.105-010;or;
(b)requires the owner and parties in interest, within the time specified in the order,
to remove or demolish the dwelling, building, structure, or premises, it'that course
of action is deemed lawful and reasonable pursuant to SVMC 17.105.040.
If a complainant has made a written request to he notified of the City's response to the
complaint filed by the complainant, the City shall mail, first class with postage. prepaid, a
copy of[he order made by the City Manager.
2. An order may require the owner to take effective steps to board up or otherwise bar
access to the structure or premises, if deemed necessary for public safety; pending further
abatement action. The order shall include any appropriate penalties or remedies available
to the City pursuant to chapter 17.105 SVMC or other applicable provisions of the Code-
3, If no appeal is filed within 30 days from the date of service of the order, a copy of the
order shall he filed with the Spokane County Auditor, and shall be a final order.
17.105.040 Criteria for determination of unfit dwellings, buildings, structures, or premises.
A. Determination, The City Manager is hereby granted authority to determine if a dwelling,
buildin structure, or premises is unfit for human habitation or other use if he or she finds that one
or more defects or conditions exist in such dwelling, building, struclure, or premises which are
dangerous or injurious to the health and safety of the occupants of such dwelling, building,
structure, or premises, the occupants of neighboring dwellings or buildings, or other residents of
the City as follows:
1. The defects or conditions meet one or more of the following:
a. 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;
h- 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 tiro or panic;
Ordinance 18-002 Regulating Unfit Structures Pagel of 16
c. 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 Washington State building code,as now adopted in chapter 19,27 RCW
and Title 51 WAG or hercif1cr amended for new buildings of similar structure,purpose
or Iocati.on;
d, 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 Washington State building code,as now adopted in chapler 19.27
RCW and Title 51 WAG or hereafter amended for new building of similar structure,
purpose or location;
e. Whenever any portion or member of appurtenance thereof is likely to fail, or to
become detached or dislodged, or to collapse and thereby injure persons or damage
property;
f_ Wherever 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 he capable of resisting a wind pressure of one half
of that specified in the Washington State. building code, as now adopted in chapter
19.27 RCW and Title 51 WAG or hereafter amended for new building of similar
structure, purpose or location, without exceeding the working stresses permitted in the
Washington State building code, as now adopted in chapter 19.27 PEW and'title 51
WAG or hereafter amended for such buildings;
g. Whenever any portion thereof has'wracked,warped, buckled or settled to such an
extent that walls or other structural portions have materially loss resistance to winds or
earthquakes than is required in the case of similar new construction;
h. Wherever the building or structure,or any portion thereof, because of:
(i) dilapidation,deterioration or decay;
(ii) faulty construction;
(iii) the removal, movement or instability of any portion of the ground necessary
for the purpose of supporting such a building;
(iv) the deterioration, decay or inadequacy of its foundation; or
(v) any other cause, is likely to partially or completely collapse;
i, Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used;
j. Whenever the exterior walls are not anchored to supporting and supported elements;
are not plumb and free of holes, cracks or breaks and loose or rotting materials; or are
not capable of supporting all nominal loads and resisting all load ellbcts;
k. Whenever the foundation systems are not frailly supported by footings, are not
plumb and free from open cracks and breaks,are not properly anchored,or are capable
of supporting all nominal loads and resisting all load effects;
Ordinance 18-002 Rr gulating util'it Structures Page 5 of 16
I. Whenever roofing or roofing components that have defects that admit rain, roof
surfaces with inadequate drainage or any portion of the roof framing that is not in good
repair with signs of deterioration, fatigue or without proper anchorage and incapable
of supporting all nominal loads and resisting all load effects;
m. Wherever 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 building official, in consultation with the appropriate agency, to he unsanitary,
unfit for human habitation or in such a condition that is likely to cause sickness or
disease;
n- Whenever any bui[ding 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; or
o- Whenever any portion of a building or structure remains on a sitc ailer 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;
or
., The detect or condition otherwise substantially violates the standards and requirements
set forth in the residential,properly, and building codes adopted pursuant to chapter 211!H)
SVMC,as the same now exist or may hereafter be amended.
B. Nothing herein shall require the City Manager to determine a dwelling, building, structure, or
premises is unfit for human habitation or other use or to require any particular remedy or abatement
unless otherwise required by law.
C. Standards for Determining Appropriate Remedial Action.
- Once the City Manager has made a determination [hat conditions arc such that a
dwelling, building, structure, or premises is unfit for human habitation or other use, the
City Manager shall determine the appropriate remedy for the dwelling, building, structure,
or premises. The City Manager is hereby authorized to require any appropriate remedy
determined necessary to eliminate the hazardous, injurious, or dangerous conditions or
defects and to bring the dwelling, building, structure, or premises into compliance with the
residential,property, and building codes adopted pursuant to chapter 24.}ltl SVMC, as the
satrac now exist or may hereafter he amended- Remedies may include but are not limited
to requiring repair,renovation,restoration,removal,demolition of, or requiring the person
to vacate and close or secure the dwelling, building, structure, or premises. For purposes
of this section, "secure" means boarding all door, window, and other entry points or, if
boarding is not possible due to datoage, causing the property to he secured by completely
fencing offthe property or defects or dangerous conditions with at least a six-foot tall fence.
When determining the extent of the remedy required, including demolition, the City
Manager shall give consideration to:
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(a) whether the conditions create an immediate or imminent threat to public health,
safety, and welfare for the subject property and/or adjacent or nearby properties;
(1)the cost of available remedies versus the value of the property. This fac[or shall
weigh more in favor of demolition as the cost of the remedy increases in relation to the
value of the property;
(c)the length of time the condition has existed; and
(d)previous efforts by the owner or parties in interest to remedy the conditions,
2. Except as otherwise provided herein, a dwelling, building, structure, or premises that
has been determined unfit for human habitation shall be demolished whenever the
estimated cost of repair, renovation, restoration or other remedy exceeds 50 percent of the
value of the dwelling, building, structure, or premises.
3. When a dwelling, building, structure, or premises has been determined to be unfit for
human habitation or other use pursuant.to SVMC 17,105.040(A) and has been ordered to
be repaired, renovated, or restored, it shall be vacated and demolished if it has not been
repaired, renovated, restored, or otherwise abated to such a degree to receive a written
determination of habitability from the City Manager within six months after the date
specified for completion of the required repair, renovation, or restoration, provided such
date shall not exceed 18 months from the date of the final determination of unfitness,
including any appeals of such determination.
4. The City Manager shall specify the timeline for(a) demolition of the unfit structure, if
the structure is required to be demolished, or(b) other abatemen[ required for structures in
[he determination of unfitness.
17,105.050 Right to Appeal.
A. The following parties have standing to appeal an order of the City Manager lo the Hearing
Examiner:
1. The party in interest or owner of property subject to the order; and
2_ The complainant if a written request is made to be notified of the City's response to the
complaint filed by the complainant,
13. An appeal of the City Manager's order may be filed within 30 days from the date of service_
An appeal shall not be considered filed unless accompanied with the appropriate appeal fee and a
complete appeal submittal.
17.105.060 Contents of an appeal to the Hearing Examiner.
A. Each appeal to the I tearing Examiner shall include:
1. The case number designated by the City and the name of the parties in interest and
owner of the property subject to the order;
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2. The name and signature of each appellant or their authorized representative and a
statement showing that each appellant has standing to file an appeal pursuant to SVIC
17,105.050. If multiple parties dile a single appeal, the appeal shall designate one party as
the contact representative;
3. The decision and specific portions ot'the decision or determination being appealed, and
the reasons why each aspect is in error as a matter of fact or law,
4. Evidence that specific issues raised on appeal were raised during the hearing on the
complaint or were timely submitted while the record was open if such issues could have
been raised; provided issues that were not ripe(such as issues raised in decision)need not
have been raised; and
5. The appeal fee pursuant to chapter 17.110 SVMC,unless otherwise exempted. The foe
may be refunded, either wholly or partially, if:
(a)the appellant requests withdrawal of the appeal in writing at least 10 calendar
days before the scheduled appeal hearing date; or
(b) the appellant(s) successfully appeals the City's order,which refund shall occur
within 45 days of the Hearing Examiner's decision,
B. All complete appeals submitted and allowed pursuant to chapter 17.105 SVMC shall be
scheduled for hearing before the I Iearing Examiner- The hearing shall he scheduled to allow the
Hearing Examiner to issue a final decision on the appeal within 60 days from the date of filing of
the appeal- Hearings on an appeal shall be open to public vicw-
C. Notice of the appeal hearing shall be provided at least 10 days in advance of the hearing, by
first-class mail, postage prepaid, to the appellant(s), the other party in interest, or other owner of
the property subject to the order, and complainant, if the complainant made a written request to be
notified of the City's response to the complaint,and the City.
I , Failure of a person entitled to receive notice does not affect the jurisdiction of the
Tearing Examiner to hear the appeal when scheduled and render a decision, if the notice
was properly mailed.
2. A person is deemed to have received notice if the person appears at the hearing, or
submits written comments on the merits of the application, or if the. person fails to object
to the lack of notice promptly after the person obtains actual knowledge ofthe hearing date.
3. If required notice is not given and actual notice is not received, the Hearing Examiner
may reschedule the hearing or keep the record open on the matter to receive additional
evidence from the party or parties who did not receive notice.
D. The filing of the appeal shall stay the order of the City Manager, except for temporary measures
of an emergent nature that are required, such as securing the building to minimize any imminent
danger to the public health or safety.
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17.105.070 Hearing Examiner appeal procedures.
A. The format of the appeal hearing shall be organized so that the testimony and wiitten evidence
may be presentedquickly and efficiently. The format will generally be as follows:
- A brief introduction of the matter by the Hearing Exam frier;
2. A report by City staff including introduction of the official file on the order and its
procedural history, an explanation of the City Manager's determinat.ion, including the use
of visual aids, and the recommendation of the City on the appeal of the order;
3- 'I`he submittal of testimony and documents by or on behalf of the appellant(s),who have
the burden of proof at the hearing;
4. The submittal of testimony and documents by the City and opposing parties;
5- Rebuttal;
6- Questions or requests for clarifications by the Hearing Examiner; and closing
arguments;
7. Closure of the hearing;
8. Closure nftlre record and continuation of the matter for final decision,
E. All reasonably probative evidence is admissible by the Hearing Examiner, The Hearing
Examiner may exclude all evidence that is irrelevant, immaterial or unduly repetitious.'l`hejudicial
rules of evidence arc not generally applied, but may be used by the Hearing Examiner for guidance.
The I Tearing Examiner shall accord such weight to the evidence as he/she deems appropriate.
C. Docurnentaiy evidence may be received in the form of copies or excerpts, or by incorporation
by reference, at the Hearing Examiner's discretion. 'l'he Hearing Examiner may require that the
original of a document be produced. A party submitting documentary material at the hearing shall
make copies available at the hearing for review by the opposing party.
D. The Hearing 1?xann finer may take official notice of judicially cognizable facts; federal,state and
local laws, ordinances or regulations; the City's Comprehensive Plan and other adopted plans or
policies of the City; and general, technical and scientific facts within the Hearing Examiner's
specialized knowledge; so long as any noticed facts are included in the record and referenced or
are apparent in the Hearing Examiner's final decision.
E. All testimony taken by the 1-fearing Examiner in an appeal pursuant to chapter 17.105 5 V MC
shall be under oath or affirmation.
F. The Hearing Examiner may allow the cross-examination of witnesses. The Hearing Examiner
is authorized to call witnesses and request written evidence in order to obtain the information
necessary to make a decision. The Hearing Examiner may also request written information from
or the appearance of a representalive from any City department having an interest in or impacting
the order on appeal.
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G. The hearing Examiner may impose reasonable limitations on the number of witnesses to be
heard and the nature and length of their testimony to avoid repetitious testimony, expedite the
hearing or avoid continuation of the heari ng.
H. Thu Hearing Examiner may cause the removal of any person who is being disruptive to the
proceedings, or continue the proceedings if order cannot be maintained. The Hearing Examiner
shall first issue a ',yarning if practicable.
I. No testimony or oral statement regarding the substance or merits of an application is allowable
after the close of the appeal hearing. No documentary material submitted after the close of hearing
will he considered by the I tearing Examiner unless the Hearing Examiner has left the record open
for the submittal of such material and all parties are given an additional time to review and rebut
such material_
17.10 .080 Hearing Examiner aappeals reopening or continuing ]bearings.
A. The Hearing Examiner may reopen or continue a hearing to take additional testimony or
evidence, or other compelling cause, provided a final decision has not been entered.
B. If the Hearing Examiner announces the time and place of the continued hearing on the record
befhre the hearing is closed,no further notice is required. If the hearing is reopened alter the close
of the hearing, all parties shall be given at least five days' notice of the date, time,place and nature
of the reopened hearing_
C. Motions by a party for continuation or to reopen a hearing shall state the reasons therefor and
he made as soon as reasonably possible. The motion shall be submitted in writing unless tirade at
the hearing. The Hearing Examiner may continue or reopen a hearing on his/her own motion,citing
the reasons therefor.
D. If the decision of the Hearing Examiner rests upon issues of fact or law not raised by any party
at time of hearing,the Hearing Examiner shall continue and/or reopen the hearing to a later date to
allow the parties an opportunity to comment and/or present evidence on those issues of fact or law.
17.105.090 Hearing Examiner appeal.—record of hearing.
A. The I fearing Examiner shall establish and maintain a record of all proceedings and hearings
conducted by the Hearing Examiner, including an electronic recording capable of being accurately
transcribed and reproduced. Copies of the recording and any written portions of the record shall
be made available to the public on request for the cost of reproduction or transcription, as
determined by the Hearing Examiner,
B. The record shall include, but is not limited to:
1. The City Manager's order and appeal submittal;
1. City staff reports;
3. All evidence received or considered by the Hearing Examiner;
4, The final written decision of the I learing Examiner;
Ordinance I:1-002 Rc+vul;dtingtinlit Struitures Page 10 of 16
5. Affidavits of notice for the hearing;
6. The electronic recordings of the hearings and proceedings by the Hearing Examiner;
and
7. The departmental filo for the order and appeal, if incorporated into the record by the
Hearing ear€ng Exam€ner.
C. The I Tearing Examiner may authorize a party to have the proceedings reported by a court
reporter and have a stenographic transcription made at the party's expense. The Hearing Examiner
may also cause the proceedings bo reported by a cnu€t reporter and transcribed.
D. The Hearing Examiner shall have custody of the hearing record and shall maintain such record
until the period for appeal of the i tearing Examiner's final decision has expired or the record is
transmitted to court pursuant to an appeal of the Hearing Examiner's final decision.
17.1053.00 Hearing Examiner appeal—decision.
A, The decision of the I tearing Examiner shall be in writing, include findings of fact and
conclusions based on the record to support the d ecis ion,and shall bear the same legal consequences
as if issued by the City Manager pursuant to SVMC 17-1 05-00.
E. The Hearing Examiner shall render a final decision within 10
business days following the closure of the record, unless a longer time period is mutually agreed to
in writing by the appellant and the Hearing Examiner; provided, the decision of the Hearing
Examiner shall he issued within 60 days from the date of filing of the appeal.
C. The Hearing Examiner shall report and provide notice of the decision by certified mail, return
receipt requested, to the appellant(s) and to all parties and the City by first class mail, postage
prepaid. Any final order in the Hearing Examiner's decision shall be posted in a conspicuous
location on the property that is the subject of the decision and appeal. A copy of the Hearing
Examiner's decision shall be filed with the Spokane County Auditor. A transcript of the Hearing
Examiner's decision, findings,and orders shall be made available to the appellant upon demand.
D. The Hearing Examiner may affirm, modify, reverse, or return with directions, the City
Manager's appealed order in the event he or she finds an error of law or the record is not supported
by substantiated evidence.
E. The 1 tearing Examiner's decision shall be subject to further review only in the manner and to
the extent provided in SVMC 17.105.110 and 17.105,120. If it is not timely and correctly appealed
pursuant to SVMC 17.105.1 11) or 17.105-120, the I tearing Examiner's decision shall be a final
order.
17.105.110 Hearing Examiner appeal —reconsideration,clerical errors.
s.
A. Any aggrieved party of record may file a written petition for reconsideration with the Hearing
Examiner within 10 calendar days following the date of the Hearing Examiner's written decision,
The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for
reconsideration to all parties of record on the date of filing. The timely filing of a petition for
reconsideration shall stay the Hearing Examiner's decision until such time as the petition has been
disposed of in writing by the 1 learing Examiner.
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B. The grounds for seeking reconsideration shall be limited to the following:
1, The Hearing Examiner exceeded the I-Tearing Exam iner's jurisdiction;
2. The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing
Exam iner's decision;
.3. The Hearing Examiner committed an error of'law;
4. Thu Herring Examiner's fmdings, conclusions and/or conditions arc not supported by
the record; or
5. New evidence which could not reasonably have been produced and which is material to
the decision is discovered.
C. The petition for reconsideration shall!
1. Contain the name, mailing address,and daytime telephone number of the petitioner, or
the petitioner's representative, together with the signature of the petitioner or of the
petitioner's representative;
2. Identify the specific fmdings, conclusions, actions, and/or conditions for which
reconsideration is requested;
3. Slate the specilic gounds upon which. relief is requested;
4. Describe the specific relief requested; and
5- Where applicable, identify the specific nature of any newly discovered evidence or
changes proposed,
1]. '1'he petition for reconsideration shall be decided by the same Hearing Examiner who rendered
the decision, it reasonably available- The E tearing Examiner shall provide notice of the decision
on reconsideration the same manner as provided for a decision m SVMC 17.105.100. Within 14
clays the Hearing Examiner shall:
1. Deny the petition in writing;
2. Chant the petition and issue an amended decision in accordance with the provisions of
SVMC 17,105.100;
3. Accept the petition and give notice to all parties of record of the opportunity to submit
written comment- Parties of record shall have five calendar days from the date of such
notice in which to submit written comments. The Hearing Examiner shall either issue a
decision in accordance with the provisions of SMC 17.105.1 00, or issue an order within
10 days after the close of the comment period setting the matter for further hearing. if
further hearing is ordered,the Hearing Exam iner's office shall inail notice at least 10 days
in advance of the hearing as provided in SVMC 17.105.060 to all parties of record; or
Ordinance 18-002 Regulating Unfit Structures Page 12 of 16
•
4. Accept the petition and set the matter for huther open record hearing to consider new
evidence, proposed changes in the application and/or the arguments of the parties. Notice
of such further hearing shall be mailed by the Hearing Examiner's office at least ]tl days
in advance of the hearing as proved in SV MC 17.150.060 not less than 15 days prior to the
hearing date to all parties of record. The Hearing Examiner shall issue a decision following
the further hearing in accordance with the provisions of SVMC 17.105.100.
E. A decision which has been subjected to the reconsideration process shall not again he subject
to reconsideration; provided, that a decision which has been revised on reconsideration from any
form of denial to any form of approval with preconditions and/or conditions shall be sill-Oct to
reconsideration.
F. 'I°he Hearing Examiner may consolidate for action, in whole or in part, multiple petitions for
reconsideration of the same decision where such consolidation would facilitate procedural
eticiencye
G. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner decisions
may be corrected by the Hearing Examinee at any time either on the Hearing Examiner's initiative
or on the motion of a party of record_ A copy of each page affected by the correction, with the
correction clearly identified,shall be mailed to all parties of record. This shall not extend the appeal
period from the decision.
17.105.120 Appeal to Superior Court. Any person affected by an order issued by the I Iearing
Examiner may,within 30 days atter the date of service of the Hearing Examiner's order,appeal the
Nearing Examiner's order to Spokane Superior Court or may petition the Superior Court for an
injunction or other appropriate order restraining the City Manager from carrying out the provisions
of the Hearing Examiner's order. Pursuant to 1RUW 35.80.030, in all such proceedings the court
may affirm, reverse, or modify the order and the review shall be de nova
17.105.130 Abatement.
A. The order of the City Manager or the Hearing Examiner may prescribe times within which
demolition or other abatement shall be commenced or completed_ if the action is not commenced
or completed within the prescribed time, or if no time is prescribed within the time limit for
appealing,the City Manager may commence the required abatement action atter having taken the
legally required steps, if any, to gain entry, If satisfactory progress has been made and sufficient
evidence is presented that the work will be completed within a reasonable time, the City Manager
or the Hearing Examiner may extend the time for completion of the work, subject to immediate
summary revocation at any time,without further hearing if satisfactory progress is not being made.
B. If the owner is unable to comply with the City Manager's or the Hearing Examiner's order
within the tini.e required, and the time for appeals to the Hearing Examiner or petition to the court
has passed, the owner may, for good and sufficient cause beyond his or her control, request an
extension of time in writing supported by affidavit. The City Manager or Hearing Examiner may
grant a reasonable extension of time alter finding that the delay was beyond the control of the
owner, There shall be no appeal or petition from the denial of an extension of time.
C. Any work, including demolition, construction, repairs, or alterations required pursuant to
SVMC 17,105, shall be subject to all permitting requirements of the City.
Ordinance 18-0.102 Regulating Unfit Structures Page; 13 co[1 C�
17.105.140 Abatement by the City.
A. If the parties of interest or owner, following exhaustion of his or her rights of appeal, fails to
comply with a final order issued pursuant to chapter 17,105 SVMC to repair,alter, improve,vacate,
close, remove, or demolish the dwelling, building, structure, or premises, or fails to take o[her
required action, the City Manager may direct or cause, such dwelling, building, stricture, or
premises to be repaired, altered, improved, vacated, and closed, removed, demolished, or to abate
such other conditions which render the dwelling, building, structure, or premises unfit for human
habitation or other use as identified in the order and to take such further steps as may he reasonable
and necessary to prevent access to the structure or premises, for public health or safety reasons,
pending abatement.
B. The City may seek a judicial abatement order from Spokane County superior court to abate a
condition-which continues to be a violation of chapter 17.105 SVMC,or which,pursuant to a final
order or Hearing Examiner decision issued pursuant to chapter 17.105 SVMC,has been determined
to be a dwelling, building, structure, or premises that is unfit for human habitation or other use,
17.105.150 Abatement Casts.
A. The amount of the cost of any abatement conducted pursuant to SVMC 17.105,140, including
actual abatement expenses, reasonable legal fees and costs, administrative personnel costs,
penalties, all other related expenses and costs, such as costs of notices,contracting, or inspections,
costs of appeal of any decision pursuant 10 SVMC 17.105.050,and eourt costs, shall be paid by the
parties in interest or owner of the property- If the parties in interest or owner of the property fall to
timely pay such costs, the costs shall be assessed against the real property upon which such cos[
was incurred. The costs of abatement shall be certified by the City Manager to the Spokane County
Treasurer as an amount due and owing to the City, pursuant to RCW 35.50.030, to be entered by
the Spokane County Treasurer as an assessment upon the tax rolls against the property for the
current year and 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 is provided in RCW' 84.56,020 as the
same now exists or may hereafter he amended, for delinquent taxes, and when collected to be
deposited to the credit of the City's general furid.
B. if the City removes, or demolishes a dwelling, building, structure, or premises pursuant to
SVMC 17.105.140, the City shall, if possible, sell the materials from the dwelling, building,
structure or premises. The proceeds of the sale of any materials shall he credited against the cost
rf removal or demolition, and if there is any balance remaining, such balance shall be paid to [he
parties entitled thereto,after deducting the costs incident thereto,
C. The assessment shall constitute a lien against the property which shall be of equal rank with
state, county, and municipal. taxes pursuant to RCW 35-130030(h)-
D. For purposes of[his section, the cost of abatement shall include the amount of any relocation
assistance payments that were advanced by the City pursuant to HEW 59.18.085 and which have
not been repaid and any and all penalties and interest that accrue as a result of the failure of the
property owner to timely repay the amount of these relocation assistance payments pursuant to
RCW 59.18.085.
E. '[he City Manager may modify the time or methods of payment of such expenses as the
condition of the property and the circumstances of the owner may warrant, In cases of extreme
Ordinancc 15-002 Rcg dating Unfit Structures Page 14 of 16
hardship, such expenses may be waived pursuant to an appropriate wrillen finding by the City
Ivianagcr.
17.105.160 Supplemental Chapter.
Nothing in chapter 17.105 SVMC shall be construed to abrogate or impair the powers of the courts
or of any department. of the City to enforce any provisions of its ordinances or regulations or to
prevent or punish violations of such ordinances or regulations;and the powers conferred by chapter
17.105 SVMC shall be in addition and supplemental to the powers conferred by any other statute
or ordinance.
17.105.170 Nuisances: Powers reserved.
Nothing in chapter 17.105 SVMC shall be construed to impair or 1 irn it in any way the City's power
to define and declare nuisances and to cause their removal or abatement by summary proceedings
or otherwise.
17.105.180 Appeal to Superior Court,
t1. A decision pursuant to SVMC 17.1(}5-[{]0 shall be considered an '`order for purposes of this
chapter.
13- An order issued pursuant to this chapter 17.105 SVMC may be appealed to Washington State
Superior Court solely as allowed by law,
17.105.190 Emergcnciaq.
The provisions of chapter 17.105 SVMC shall not prevent the City Manager or any other officer or
agency of the City of Spokane Valley tiom taking any other action, summary or otherwise,
necessary to eliminate or minimize an imminent danger to the health or safety of any person or
property.
17.105,200 fiscrianination.
All proceedings under chapter 17.105 SVMC shall be subject to the anti-discrimina[ion provisions
of 1tCW 35.80.040 as the same now exists or may hereafter be amended.
Seetinn 3. Amendment. SVMC 17.90.010 is hereby amended as follows:
A. Appeals and Jurisdiction. All final decisions shall be appealed pursuant to SVMC Table 17.90-
1. Specific procedures followed by [he Planning Commission, Hearing Examiner, and City Council are
set forth in Appendix fl
Ordinance l -(}02 Regulating Unfit Structures Page 15 of 16
Table 17.90-I —Dcciision/Appeitl Authority
Land Use and I}evelopmen[Decisions Appeal Authority
Type I and II decisions I searing Examiner(SVMC 17.90.040); further appeal to
superior court(Chapter 36.700 RCW)
Building permits I rearing Examiner(SVMC 17.90.040); further appeal to
superior court(Chapter 36,70C RCW)
Type III decisions except zoning map Superior court(Chapter 3630C RCW)
amendments
Type !!! zoning map amendments Ci[y council (SVMC 17.90.070);further appeal to superior
court(Chapter 36.70C RCW)
Type 1V decisions Superior court
Matters subject to review pursuant to RCW Growth Management Hearings Board
36.70A.020
Shoreline substantial development permits, Shoreline I-learin s Board (RCW 90.58.1g0)
shoreline conditional use permits, and
shoreline variances
Compliance and enforcement decisions hearing Examiner (SVMC 17.90.040); fbrther appeal to
(Chapter 17.100 SVM() superior court(Chapter 36.700 RCW)
Order of dwelling, building, structure, or Hearing Examiner (SVMC 17.1 05.050) pursuant to the
premises unfit for human habitation or other appeal procedures set forth in chapter 17.105 SVMC; further
use (Chapter 17.105 SVMC) appeal to superior court.(SVM( 17,105.120)
Section 4. Severability. if any section, sentence, clause or phrase of this Ordinance shall be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
no affect the validity or constitutionality of any other section,sentence,clause,or phrase in this Ordinance_
Section S. Endive Date. This Ordinance shall be in full force and effect five days after publication of
[his Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Passed by the City Council this 16'i' day of January, 2018.
City Spo,atiIf alley
.11101F'digilb
A.TTE L.R. Higgins, Ma'
Christine Bainbridge, City Clerk
Approved as t orm
� f
Office he City F. rney
Date of I ublication: January 19.2018 •
Effeelive Date; January 24,2018
Ordinance 18-002 Regulating tin fit SLruc:Lures Page I of II)