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9.44 - 1 CHAPTER 9.44 REGULATING UNFIT AND SUBSTANDARD STRUCTURES SECTION: 9.44.010: Purpose and Findings 9.44.020: Definitions 9.44.030: Duties of the Director 9.44.031: Duties of the Hearing Examiner 9.44.040: Unfit Buildings 9.44.050: Substandard Buildings 9.44.055: Vacant Structures and Land 9.44.070: Complaint 9.44.075: Voluntary Correction 9.44.080: Hearings Before the Director 9.44.090: Appeals 9.44.100: Enforcement 9.44.110: Costs 9.44.120: Permit Required 9.44.130: Rules and Regulations 9.44.140: Penalties 9.44.150: Emergencies 9.44.010: Purpose and Findings: The City Council of the City of Kennewick finds that unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City of Kennewick, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, 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. A property which is merely unkempt, may reduce the value of adjoining property by more than 30%, and there are sufficient properties which are unkempt, and dangerous, that the habitability and economic well-being of the City are materially and adversely affected. This Chapter conveys to the City administration, in accord with the procedures set out below, all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exist, and those properties themselves. This Chapter is an exercise of the City’s police power, and it shall be liberally construed to effect this purpose. (Ord. 3062 Sec. 1 (part), 1987) 9.44.020: Definitions: Unless specifically defined below or unless context clearly requires a different meaning, terms used in this Chapter have the meaning given them by the currently adopted edition of the International Building Code. Gender and number are interchangeable. Defined terms or concepts from Title 18 generally apply to this Chapter. “Abandoned” refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g. disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, ---PAGE BREAK--- 9.44 - 2 location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned. “Appeals Commission.” The Hearing Examiner is hereby designated as the “Appeals Commission” pursuant to RCW 35.80.030 for purposes of Chapter 9.44 of the Kennewick Municipal Code and shall have all rights and responsibilities for hearing appeals of administrative orders issued by the Director. “Boarded-Up Building” means any building, the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of non-occupancy or non-use for an indefinite period of time. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. “Code Official” means the City Building Official, Fire Official, or their designee. “Director” means the Director of Planning, his authorized deputies and representatives, including, but not limited to, Code Officials as defined in this Section. “Exterior Walls Standard” means all exterior walls shall be free from holes, breaks and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. “Health Officer” means the head of the Benton-Franklin District Health Department, his authorized deputies or representatives. “Nuisance” for purposes of this Chapter incorporates, by reference, the definition of “Nuisance” found in KMC 9.48. (10) “Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Benton County Auditor, or who establishes his interest before the Director. For the purpose of giving notice, the term “owner” also includes any person in physical possession. (11) “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them. (12) “Protective Treatment Standard” means all exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. All metal surfaces subject to rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (13) “Repeat Violation” means a violation of the same regulation in any location by the same person within two years, or a Notice of Violation has been issued within two years. (Ord. 5658 Sec. 2, 2016: Ord. 5612 Sec. 1, 2015: Ord. 5512 Sec. 1, 2013: Ord. 5322 Sec. 28, 2010: Ord. 3753 Sec. 2 (part), 1997: Ord. 3661 Sec. 2 (part), 1996: Ord. 3589 Sec. 2 (part), 1996: Ord. 3503 Sec. 1, 1994: Ord. 3062 Sec. 1 (part), 1987) ---PAGE BREAK--- 9.44 - 3 9.44.030: Duties of the Director: The Director or his or her designee is the chief administrative officer for the purposes of this Chapter, and his duties and powers include: The Director is designated as the City’s “improvement officer” pursuant to RCW 35.80.030; The Director shall investigate all buildings and premises which he has reasonable grounds to believe may be unfit, substandard, boarded-up, or a nuisance; The Director shall prepare, serve and post complaints against buildings or premises believed to be in violation; To administer oaths and affirmations, examine witnesses and receive evidence, and conduct all necessary hearings as applicable relating to a determination of unfitness or a determination as to whether a building is substandard, 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; and To take such other action as may be reasonably necessary and related to administer, enforce and carry out the requirements of Chapter 9.44 KMC. (Ord. 5658 Sec. 3, 2016: Ord. 3753 Sec. 2 (part), 1997: Ord. 3589 Sec. 2 (part), 1996: Ord. 3062 Sec. 1 (part), 1987) 9.44.031: Duties of the Hearing Examiner: Conducting administrative appeal hearings and rendering decisions based upon written findings; and Doing all things necessary and proper to carry out and enforce this Chapter. (Ord. 5658 Sec. 4, 2016: Ord. 3753 Sec. 3, 1997) 9.44.040: Unfit Buildings: In reaching a judgment that a building is unfit for human habitation, the Director shall consider: Dilapidation; Disrepair; Structural defects; Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury; Inadequate ventilation; Uncleanliness; Inadequate light; Inadequate sanitary facilities; Inadequate drainage; and Substandard conditions. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’s occupants, or the occupants of neighboring buildings or of other residents of the City of Kennewick, and if: Structural deterioration is of such degree that: Vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base; or (ii) Thirty-three percent (33%) of the supporting members shows damage or deterioration; or ---PAGE BREAK--- 9.44 - 4 The cost of restoration exceeds sixty percent (60%) of the value of the building; or The building has been damaged by fire or other calamity, the cost of restoration exceeds thirty percent (30%) of the value of the building and it has remained vacant for six months or more (Value shall be determined by reference to a current edition of “Building Valuation Data” published by the International Conference of Building Officials or, if not published, as determined by the Director. Cost of restoration is the actual estimated cost, which may be determined in the same manner as “value”), the Director shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition. An undertaking entered into, at or prior to the hearing, by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the Director to order demolition. If, by reason of any of the above conditions, a building is unfit, but no public necessity is found for its immediate demolition, the Director may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety, or general welfare. (Ord. 5658 Sec. 5, 2016: Ord. 5512 Sec. 2, 2013: Ord. 5322 Sec. 29, 2010: Ord. 3753 Sec. 2 (part), 1997: Ord. 3589 Sec. 2 (part), 1996: Ord. 3062 Sec. 1 (part), 1987) 9.44.050: Substandard Buildings: In reaching a judgment that a building or premises is substandard, the Director shall be guided by such factors as: Structural unsoundness; Improper sanitation; Improper safety; Violation of the “protective treatment standard” or the “exterior wall standard” as defined in KMC 9.44.020(7) and (12); Defective or hazardous wiring, including wiring which: Did not conform with law applicable at the time of installation; or (ii) Has not been maintained in good condition; or (iii) Is not being used in a safe manner. Defective or hazardous plumbing, including plumbing which: Did not conform with law applicable at the time of installation; or (ii) Has not been maintained in good condition; or (iii) Is not being used in a safe manner; Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which: Did not conform with law applicable at the time of installation: or (ii) Has not been maintained in good and safe condition; Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof; Nuisance. If these or similar conditions are found to exist, the Director shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current Codes, and may order the property vacated and secured as completely as possible ---PAGE BREAK--- 9.44 - 5 pending such repair or other action. (Ord. 5658 Sec. 6, 2016: Ord. 5512 Sec. 3, 2013: Ord. 5322 Sec. 30, 2010: Ord. 3753 Sec. 2 (part), 1997: Ord. 3589 Sec. 2 (part), 1996: Ord. 3062 Sec. 1 (part), 1987) 9.44.055: Vacant Structures and Land: All vacant structures and premises thereof must comply with this Code. Vacant buildings and premises thereof shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health, safety or quality of life. 1 Appearance. All vacant buildings must appear to be occupied, or appear able to be occupied with little or no repairs. a. Removal of Graffiti. All vacant buildings must be maintained free of graffiti. 2 Security. All vacant buildings must be secured against outside entry at all times. Security shall be by the normal building amenities such as windows and doors having adequate strength to resist intrusion. All doors and windows must remain locked. There shall be at least one operable door into every building and into each housing unit. Exterior walls and roofs must remain intact without holes. a. Architectural (Cosmetic) Structural Panels. Architectural structural panels may be used to secure windows, doors and other openings provided they are cut to fit the opening and match the characteristics of the building. Architectural panels may be of exterior grade finished plywood or Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered with a reflective material such as plexi-glass. Exception. Untreated plywood or similar structural panels may be used to secure windows, doors and other openings for a maximum period of 30 days. b. Security Fences. Temporary construction fencing shall not be used as a method to secure a building from entry. Exception. Temporary construction fencing may be used for a maximum period of 30 days. 3 Weather Protection. The exterior roofing and siding shall be maintained as required in KMC 9.44.020(7) and (12). Fire Safety. Fire Protection Systems. All fire suppression and alarms systems shall be maintained in a working condition and inspected as required by the Fire Department. Flammable Liquids. No vacant building or premises or portion thereof shall be used for the storage of flammable liquids or other materials that constitute a safety or fire hazard. Combustible Materials. All debris, combustible materials, litter and garbage shall be removed from vacant buildings, their accessory buildings and adjoining yard areas. The building and premises shall be maintained free from such items. Fire Inspections. Periodic Fire Department inspections may be required at intervals set forth by the Fire Marshal or his designee. Plumbing Fixtures. Plumbing fixtures connected to an approved water system, an approved sewage system, or an approved natural gas utility system shall be installed in accordance with applicable codes and be maintained in sound condition and good repair or removed and the service terminated in the manner prescribed by applicable codes. ---PAGE BREAK--- 9.44 - 6 Freeze Protection. The building’s water systems shall be protected from freezing. Electrical. Electrical service lines, wiring, outlets or fixtures not installed or maintained in accordance with applicable codes shall be repaired, removed or the electrical services terminated to the building in accordance with applicable codes. Heating. Heating facilities or heating equipment in vacant buildings shall be removed, rendered inoperable, or maintained in accordance with applicable codes. Interior Floors. If a hole in a floor presents a hazard, the hole shall be covered and secured with three-quarter (3/4) inch plywood, or a material of equivalent strength, cut to overlap the hole on all sides by at least six inches. Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent re- infestation. (10) Termination of Utilities. The code official may, by written notice to the owner and to the appropriate water, electricity or gas utility, request that water, electricity, or gas service to a vacant building be terminated or disconnected. Restoration of Service. If water, electricity or gas service has been terminated or disconnected, no one except the utility may take any action to restore the service, including an owner or other private party requesting restoration of service and not until written notification is given by the code official that service may be restored. (11) Enforcement. Violations of this section shall be enforced according to the provisions and procedures of and subject to the monetary penalties contained in Chapter 9.44 KMC. Abatement. When a building or structure accessory thereto that remains vacant and open to entry after the required compliance date is found and declared to be a public nuisance, the Director is hereby authorized to summarily abate the violation by closing the building to unauthorized entry. The costs of abatement shall be collected from the owner in the manner provided by law. Unsafe or Substandard Buildings and Equipment. Any vacant building or equipment therein, declared unsafe is subject to the provisions of KMC 9.44.040 and the demolition provisions contained therein. (Ord. 5658 Sec. 7, 2016: Ord. 5512 Sec. 10, 2013) 9.44.070: Complaint: If, after a preliminary investigation of any building or premises, the Director finds that it is an unfit, substandard, boarded-up and violating the vacant building standards, required to be boarded-up, and in violation of the vacant building standards, or a nuisance, he shall cause the owners to be served, either personally or by first class and certified mail, with return receipt requested and shall post in a conspicuous place of such property, a Complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building and is in violation of the vacant building standards or that the building is a nuisance, together with the corrective action to be taken. If the whereabouts of such person is unknown and cannot be ascertained by the Director in the exercise of reasonable diligence, he shall make an affidavit to that effect, then the serving of such Complaint upon such persons may be made either by personal service or ---PAGE BREAK--- 9.44 - 7 by mailing a copy of the notice and orders by certified class mail, postage prepared, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the County where the property is located, or at the address known to the County Assessor. A Complaint shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. Such Complaint shall contain a notice that a hearing will be held before the Director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such Complaint; that all parties in interest shall be given the right to file an answer to the Complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the Complaint. A copy of such Complaint shall also be filed with the Auditor of Benton County, and such filing of the Complaint shall have the force and effect of lis pendens. (Ord. 5658 Sec. 8, 2016: Ord. 5606 Sec. 1, 2015: Ord. 5512 Sec. 5, 2013: Ord. 3753 Sec. 2 (part), 1997: Ord. 3062 Sec. 1 (part), 1987) 9.44.075: Voluntary Correction: The Director may secure voluntary correction by agreement with the owner. The Voluntary Correction Agreement is a contract between the City and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The Voluntary Agreement must include: The name and address of the owner or person bound under the contract; The street address and a legal description sufficient to identify the premises; A description of the violation and a reference to the provisions of this Code or other regulation that has been violated; The corrective action to be taken, and a date and time by which the corrective action must be completed; An agreement by the owner that the City of Kennewick may abate the violation and recover its costs and expenses pursuant to this Chapter if all terms of the Voluntary Agreement are not met; A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement; The administrative costs to be paid and by whom; Permission by the owner for the City to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and An acknowledgement. The Director may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. (Ord. 3753 Sec. 5, 1997) 9.44.080: Hearings Before the Director: The Director shall hold a hearing for the purpose of determining the immediate disposition of the building or premises pursuant to the Complaint. As specified in the complaint, the Director shall conduct a hearing to determine if a dwelling, building, structure, or premises is unfit for human habitation or other use, or meets the criteria for substandard buildings or structures or violates the vacant structures standards. All persons identified in the complaint shall have the right and opportunity to file ---PAGE BREAK--- 9.44 - 8 an answer with the Director and appear at the hearing in person, or otherwise, and give testimony concerning the preliminary 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 Director. At the conclusion of the hearing, after taking all testimony and reviewing all submitted evidence, the Director shall make a determination as to whether the dwelling, building, structure, or premises is unfit, substandard or violating the vacant structure standards as defined in Chapter 9.44 KMC. The Director shall issue an order to the owner that contains the following information: The decision regarding the alleged violation, including findings of fact and conclusions based thereon. The required corrective action. The date and time by which the correction must be completed. The costs assessed. The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. The decision shall state that the owner has the right to appeal to the Hearing Examiner and, unless he does appeal or complies with the order, the City shall have the power in conformance with state law to do any act required of the owner in the order of the Director, and to charge any expenses incurred thereby to the owner and assess them against the property. The Director shall serve the order in person or by certified mail, return receipt requested, to the owner or occupant within ten working days following the hearing. If no appeal is filed and the owner or occupant has not complied with the Director’s order, including the payment of all costs assessed, a copy of such order may be filed with the Auditor of Benton County and shall be a final order. (Ord. 5658 Sec. 9, 2016: Ord. 5606 Sec. 2, 2015: Ord. 5512 Sec. 6, 2013: Ord. 5322 Sec. 32, 2010: Ord. 5007 Sec. 1, 2003: Ord. 3753 Sec. 2 (part), 1997: Ord. 3062 Sec. 1 (part), 1987) 9.44.090: Appeals: An appeal of the Director’s order shall 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. The submittal for an appeal to the Hearing Examiner shall include: The case number designated by the City and the name of the parties in interest and owner of the property subject to the order; The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file an appeal. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; Evidence that specific issues raised on appeal were raised during the hearing on the complaint or were timely submitted while the record was open; and The appeal fee of $250.00. Any individual, on the basis of indigent status as defined herein, may seek a waiver of the appeal fee per the following conditions: ---PAGE BREAK--- 9.44 - 9 The application for such waiver may be made in writing or orally, accompanied by the mandatory financial statement form whereby the applicant attests to his or her financial status. Applications for waiver of appeal fees shall be considered in a timely manner by the Director. The applicant shall provide the Director with a self-addressed stamped envelope for timely return of a copy of the decision regarding waiver of the fee. An individual will be determined to be indigent, within the meaning of this section, if such person, on the basis of the information presented in the financial statement, establishes that: He or she is currently receiving assistance under a needs-based, means- tested assistance program such as the following: Federal Temporary Assistance for Needy Families (TANF), State provided general assistance for unemployable individuals, Federal Supplemental Security Income, Federal poverty related veteran’s benefits, or Food Stamp Program; or (ii) His or her household income is at or below 125% of the federal poverty guideline; or (iii) His or her household income is above 125% of the federal poverty guideline and the applicant has recurring basic living expenses (as defined in RCW 10.101.010(4)(d) that render him or her without the financial ability to pay the appeal fee; or (iv) Other compelling circumstances exist that demonstrate an applicant’s inability to pay the appeal fee. All complete appeals submitted and allowed pursuant to Chapter 9.44 shall be scheduled for review at a public hearing before the Hearing Examiner so as to allow ten (10) or more days’ notice to the appellant and all interested parties and to permit final decision by the Hearing Examiner within sixty (60) days after the filing of the appeal. Further extensions may be permitted upon mutual agreement of the petitioner, other parties in interest or owners, and the department; provided no extension shall be granted which would prevent the Hearing Examiner from issuing a decision within sixty (60) days of the date of submission of appeal. Notice of the appeal hearing shall be mailed first-class, postage prepaid, to the petitioner(s), all other parties in interest, owner, and complainant, if requested by the complainant in writing at the time of submission of the original complaint. Failure of a person entitled to receive notice does not affect the jurisdiction of the Hearing Examiner to hear the appeal when scheduled and render a decision, if the notice was properly mailed. 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 after the person obtains actual knowledge of the hearing date. 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 aggrieved party or parties who did not receive notice. The filing of the appeal submittal shall stay the order of the Director, except insofar as temporary measures of an emergent nature are required, such as securing the building to minimize any imminent danger to the public health or safety. The format of the public hearing shall be organized so that the testimony and ---PAGE BREAK--- 9.44 - 10 written evidence may be presented quickly and efficiently. All reasonably probative evidence is admissible by the Hearing Examiner. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial or unduly repetitious. The judicial rules of evidence are not strictly applied, but may be used by the Hearing Examiner for guidance. The Hearing Examiner shall accord such weight to the evidence as he/she deems appropriate. The Hearing Examiner 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. The decision of the Hearing Examiner shall be in writing, include findings and conclusions based on the record to support the decision, and shall bear the same legal consequences as the order issued by the Director. The Hearing Examiner shall render a final decision within ten (10) business days following the conclusion of all testimony and hearings, unless a longer time period is mutually agreed to in writing by the applicant and the Hearing Examiner; provided, the decision of the Hearing Examiner shall be issued within sixty (60) days from the date of filing of the appeal. A copy of the Hearing Examiner’s decision shall be filed with the Benton County Auditor. The Hearing Examiner may affirm, modify, reverse, or return with directions, the Director’s appealed order in the event he or she finds an error of law or the record is not supported by substantiated evidence. If the Hearing Examiner’s decision is not timely and correctly appealed pursuant to Section 9.44.090(9), the Hearing Examiner's decision shall be a final order. (10) Any person affected by an order issued by the Hearing Examiner may, within 30 days after the date of service of the Hearing Examiner’s order, appeal the Hearing Examiner’s order to Benton County Superior Court or may petition the Superior Court for an injunction or other appropriate order restraining the Director from carrying out the provisions of the Hearing Examiner’s order. Pursuant to RCW 35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the review shall be de novo. (Ord. 5700 Sec. 1, 2017: Ord. 5658 Sec. 10, 2016: Ord. 5512 Sec. 7, 2013) 9.44.100: Enforcement: The order of the Director or 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 for appeal, the Director may commence the required abatement action and the premises to be suitably filled and cleared as provided by Section 9.44.040. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the Director may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the Director may cause the building to be demolished and the premises suitably filled and cleared as provided by Section 9.44.040 of this Chapter. The Director shall let bids for any demolition in accordance with Section 9.44.110. If other action ordered by the Director or the Hearing Examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the Director may cause the action to be taken by the City. If the Director deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so ---PAGE BREAK--- 9.44 - 11 order. If the owner is unable or unwilling to secure the building within 48 hours, the Director may order the building secured by the City. If the owner is unable to comply with the Director’s or Hearing Examiner’s order within the time required, and the time for appeal to the court has passed, he may, for good and sufficient cause beyond his control, request in writing an extension of time. The Director may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners. There shall be no appeal or petition from the Director’s ruling on an extension of time. (Ord. 5658 Sec. 11, 2016: Ord. 5512 Sec. 8, 2013: Ord. 5322 Sec. 34, 2010: Ord. 3753 Sec. 2 (part), 1997: Ord. 3589 Sec. 2 (part), 1996: Ord. 3062 Sec. 1 (part), 1987) 9.44.110: Costs: The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred unless paid. The Director shall forward such costs to the City Treasurer, who shall certify them to the County Treasurer for assessment on the tax rolls. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes pursuant to RCW 35.80.030(h). Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value. Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The Director shall have the authority to sign the contract on behalf of the City. There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded-up building. The Director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual fee has been exhausted. Actual costs and expenses will be assessed in accord with the provisions of this Section. In addition to actual abatement costs, the following administrative fee shall be assessed and collected in the same manner: Where abatement is accomplished by voluntary agreement, the Director shall charge at least $50.00 per month per acre or fractions thereof. Where abatement has not been accomplished by the owner prior to a hearing before the Director: Substandard building $500.00; (ii) Unfit building $1,000.00; (iii) Vacant Structures and Land $500.00. Where abatement is accomplished following breach of a Voluntary Correction Agreement or understanding between a property owner and Director: Substandard building $1,000.00; (ii) Unfit building $1,500.00; (iii) Vacant Structures and Land $1,000.00. Where the abatement is accomplished by the City following hearing or default of the property owner: Substandard building $2,000.00; ---PAGE BREAK--- 9.44 - 12 (ii) Unfit building $3,000.00; (iii) Vacant Structures and Land $2,000.00. For repeat violations, costs shall be doubled. The Director or their designee are hereby authorized to utilize all means permitted by law to collect unpaid administrative fees and abatement costs including, but not limited to the use of a collection agency to recover said fees and costs. In addition to the enforcement measures authorized by Chapter 9.44 and Chapter 9.48 KMC, the City Attorney is hereby authorized to pursue all other means permitted by law to enforce compliance with Chapter 9.44 and Chapter 9.48 KMC, including injunctive or other civil relief in Superior Court. (Ord. 5700 Sec. 2, 2017; Ord. 5658 Sec. 12, 2016: Ord. 5606 Sec. 3, 2015: Ord. 5512 Sec. 9, 2013: Ord. 5322 Sec. 35, 2010: Ord. 3830 Sec. 2, 1998: Ord. 3753 Sec. 2 (part), 1997: Ord. 3589 Sec. 2 (part), 1996: Ord. 3062 Sec. 1 (part), 1987) 9.44.120: Permit Required: Any work including construction, repairs or alterations under this Chapter to rehabilitate any building or structure, may require a permit in accord with the provisions of Titles 5, 15, 17 or 18 of this Code. (Ord. 3062 Sec. 1 (part), 1987) 9.44.130: Rules and Regulations: The Director and Hearing Examiner may make and promulgate such rules and regulations as will effectuate the purposes of this Chapter and do substantial justice. (Ord. 5658 Sec. 13, 2016: Ord. 3753 Sec. 2 (part), 1997: Ord. 3062 Sec. 1 (part), 1987) 9.44.140: Penalties: It shall be unlawful and a violation of this Chapter to knowingly: Occupy or suffer to be occupied any building or premises ordered vacated; Fail to comply with any order issued pursuant to this Chapter; or Obstruct any officer or agent of the City of Kennewick or other governmental unit in the enforcement of this Chapter. Violation of this Chapter is a gross misdemeanor. (Ord. 3062 Sec. 1 (part), 1987) 9.44.150: Emergencies: The provisions of this Chapter shall not prevent the Director or any other officer of the City of Kennewick or other governmental unit from 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. (Ord. 3062 Sec. 1 (part), 1987)