CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE related to monitoring and inspecting vacant buildings for compliance with the requirements of the Housing and Building Maintenance Code; amending Sections 22.206.200 and 22.208.090 of the Seattle Municipal Code.
body
WHEREAS, on September 5, 2017, the City Council (“Council”) passed Ordinance 125399, which amended standards for maintaining and securing vacant buildings and provided the Director of the Seattle Department of Construction and Inspections (SDCI) with additional authority to abate and demolish hazardous and nuisance vacant buildings; and
WHEREAS, Ordinance 125399 also requested that SDCI develop options and alternatives to enhance the City’s existing Vacant Building Monitoring Program; and
WHEREAS, on September 5, 2018, those options were presented to the Council’s Planning, Land Use, and Zoning Committee; and
WHEREAS, in 2017 SDCI opened 434 complaint cases related to the maintenance and security of vacant buildings; and
WHEREAS, nuisance and hazard problems associated with poorly maintained vacant buildings can be partially addressed by increased monitoring, inspections, and enforcement; and
WHEREAS, through Council Bill 119386, the Council is considering a change in fees for more frequent inspections and monitoring of vacant buildings; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 22.206.200 of the Seattle Municipal Code, last amended by Ordinance 125399, is amended as follows:
22.206.200 Minimum standards for vacant buildings
* * *
F. Inspection and monitoring of vacant buildings
1. When the Director has reason to believe that a building is vacant, the Director may inspect the building and the premises. If the Director identifies a violation of the minimum standards for vacant buildings, a notice of violation may be issued pursuant to Section 22.206.220. Thereafter the premises shall be inspected ((quarterly)) monthly to determine whether the building and its accessory structures are vacant and closed to entry in conformance with the standards of this Code.
2. The Director shall monitor and inspect monthly vacant buildings and any structures accessory thereto:
a. For which there have been three or more notices of violation issued within any consecutive 365-day period for violating this Section 22.206.200;
b. Which are located on a lot for which there is a Master Use Permit or Building Permit application for new development; or
c. Which are included on a list, maintained by the Seattle Fire Department or the Seattle Police Department, of vacant buildings that have generated calls for dispatch.
((2)) 3. ((Quarterly)) Monthly inspections shall cease at the earliest of the following:
a. When the building is repaired pursuant to the requirements of this Code and reoccupied;
b. When the building ((is repaired pursuant to)) meets the maintenance requirements of this Code and has subsequently been subject to three consecutive ((quarterly)) monthly inspections without ((further)) violation; or
c. When the building and any accessory structures have been demolished.
((3)) 4. A building or structure accessory thereto that remains vacant and open to entry after the closure date in a Director’s order or notice of violation is found and declared to be a public nuisance. The Director is hereby authorized to summarily close the building to unauthorized entry. The costs of closure shall be collected from the owner in the manner provided by law.
((4)) 5. A premises that contains a vacant building or accessory structure that fails to comply with subsection 22.206.200.A.4 after the compliance date in a Director’s order or notice of violation is found and declared to be a public nuisance. The Director is hereby authorized to summarily abate the public nuisance by removing all debris, combustible materials including vegetation overgrowth, litter and garbage, junk, waste, used or salvageable materials, and inoperable vehicles and vehicle parts, from the vacant building, accessory structures, and the premises including but not limited to adjoining yard areas. The costs of abatement shall be collected from the owner in the manner provided by law.
((5)) 6. ((Quarterly)) Monthly inspection charges shall be assessed and collected as a fee under the Permit Fee Ordinance (Chapters 22.900A through 22.900G).
Section 2. Section 22.208.090 of the Seattle Municipal Code, last amended by Ordinance 117861, is amended as follows:
22.208.090 Reinspection of vacant buildings ((.))
When a building is vacant and has been closed to entry pursuant to an order of the Director issued pursuant to this ((chapter)) Chapter 22.208, the Director shall reinspect the building ((quarterly)) monthly pursuant to ((Section)) subsection 22.206.200.F to verify that the building and structures accessory to the building remain vacant and closed to entry and meet the minimum standards for vacant buildings set forth in this Code, and to determine the extent to which the building has deteriorated. The owner shall be charged an inspection fee for the ((quarterly)) inspections. ((Quarterly inspection)) Inspection charges shall be assessed and collected as a fee under the Permit Fee Ordinance ( ((SMC)) Chapters 22.901A ((- 22.901T))) through 22.901H).
Section 3. Section 1 and Section 2 of this ordinance shall take effect on June 1, 2019.
Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2018, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2018.
____________________________________
President ____________ of the City Council
Approved by me this ________ day of _________________________, 2018.
____________________________________
Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2018.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)