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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. Ordinance 18-002 Regulating Unfit Sir€retraces Page 3 of 16 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: Ordinance IR-002 Regulating unfit Structures Page 6 of 1,6 (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; ordinance 18-002 Regulating Unfit Structures Page 7 or 16 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. Ordinance I ti-002 Regulating Unfit t Structures Page 8 of 16 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. Ordinance 1 8-002 Etcgu[aiing Unfit Structures Page 9 of 16 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. Ordinance 18-002 Regulating Unfit Structures Page 11 of 16 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)