Picmem?: Squaw 313mm Ordinance g, 7 1e: Grdinanm N0: immgg AN GRDIKANCE establishing minimum maintenance standards for histaric build in the Pion?er Square Historic District and graviding fer en?mrcement thereof by abate? want of ?ubatan?ard conditions and penaltigs; creating the Minimum Maintenanae Historic,Buil;ing Rem valvinq Fund: an? repealing Secticns 6A, 6B and 6C of Ordi?. nanca 98832. 5 ?5 i,kygh I a? i 5 ti (dig; '55 f1 i [(231 5: ??3?{2?tiwgi??ff if ILE MUHBER gr?g. ??fgf i365 ?owncil Bill N0. m, WW3 7 1W8 ?$31523me Pit-2:33: . 7137:.? IE 7 155m . . a . 7, asreanen: 1 y' 7 - 7 REPORTED: SECOND mama: ?3 19% "?fusm gamma; MR - PRESENTED o. I 7 A c3my: mausasm 355,33? ?1 ??78 moan err MAYOR: vsro mausuem PASSEB QVER YER): VETQ SUSTAHQEE): CSS 3 . 5 97 m. 1311? I _known and may be cited as the "Pioneerfsquare Minimum?, maintenance Ordinance? and is referred to herein as "this 5? ;Vordinance." T.is_hereby found and declared that historic buildings Which, ?teociel,-economic, political, architectural, engineering, and perpetuated. buildings and structures located within the Picneer'Squere,i i?ietorio District are substandard, in denger of decay anal Vi,deteriotetion Occasioned by neglect, Caueing or i-contributing to the creation of blight adverse to Leieafety, and general welfare of the pnblic; 7 1 ?jxin{slt ie hereby further found an& de?lared that certain i conditione and circumstances endanger the of-_ :the building or structure and the pub1i? safety; and it is the purpose of this ordinance to establish procedureS f0? ?lly? amt-um fo?? ORDINANCE establishing minimum maintenance'etandards EGI historic buildings in the Pioneer Square HietOric Dis? trict and providing for enforcement thereof by abatement of substan?ard conditions and penalties; creating the Minimum Maintenance Historic Building Revolving Fun?; and repealing Sections 6A, 6B and 5C 0f Ordinance 988526 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: CHAPTER 1 Title, Purpose an? Scepe. Section 1.01 SHORT TITLE: This ordinance Shall be . Section 1.02 on FINDINGS AND PURPOSE. It reflect significant elements of the City's cultural, aeSthetic, e:fy nietorio and other hetitege should be preserved, proteCted, ?lt is hereby further found and declared that some the correctiOn of such con?itione. 08? NJ, For the achievement of these purposes, certain minimum maintenance standards are established, and a building or structure which faile to meet such standards is identified herein as a "eubetandard historic building." Section 1.03 SCOPE. This ordinance Shall apply to the buildings or structures within the geographic boundariee of the Pioneer Square Hietoric District established by Ordinance 98852, as amendedr CHAPTER 2 Administration. Section 2401 ENFORCEMENT. The Superintendent of .Buildings is hereby designated as the officer to exercise the powers assigned by this ordinance in relation to sub? standard historic buildings. The superintendent is authorized and directed to adopt,_ .promulgate, amend and rescind in accordance with the Admin~ {istrative Code of the City or Seattle (Ordinance 102228), ae r,now_or hereafter amendedr administrative rules consistent I with this ordinance and necessary to carry out the duties of ?the Superintendent hereunder. 'Section 2.02 OF ENTRE. Whenever necessary to cmake[an inspection to cnrorce any of the provieione of this l_tode,_or whenever the Superintendent has reaeonable cause to fibelieve.that there exists in any building or upon any l-premisee any Condition which makes such building or premises a substandard hietoric building as defined in eection,4.01 iicf this ordinance, and upon of proper creden~r tiale, the Superintendent may with the consent of the occupant or with the coneent of the owner or person in charge of an unoccugied building or pursuant to lawfully isened warrant, enter such building or premises at all reasonable timee to . 2 ?4t_101 7 Tight fipgzifpkv I 2.4 _f I _cW125? I :25 .ezpozyk inspect the same or to perform any duty imposed upon the Superintendent by this ordinance. No owner or occupant or any other person having charge, -care or control ef any building or premises shall fail or neglect, after proper demand pursuant to a lawful warrant is made, to permit entry therein by the Superintendent for the purpose of inspection and examination pursuant to this ordinance. Section 2.83 MINIMUM MAINTENANCE HISTORIC BUILDING REVOLVING There is hereby created in the City Treasury a special fund designated the "Minimum Maintenance Historic V_Building Revolving Fund," from which fund Shall be paid lcoets and expenses incurred by the City i? connectiOn with the repair, alteration or preservation of any substandard hietoric building as defined by this ordinance and ordered repaired, altered or preserved, and into which fund shall be hdepcsitedz _Such Sums as may be recovered by the City as reimbursement for costs and expenses of repair, alteration or improVement of historic buildings and structures found to be Substandard; (2) Such other sums as may by ordinance be appro~ priated to or designated as revenue of such fund; and (3) The unencumbered halanCe remaining as of the effective date of this ordinance in the Pioneer Square Historic Dietrict Revolving Fundcreated by Ordinance 98852, which fund is hereby abolished and said balance hereby transferred; and (4). such other sums as made by gift, bequest or grants be deposited in such fund. 19.2 1 . {ll-24?1" CHAPTER 3 Definitions. Section 3.01 DEFINITIONS GENERALLY. For the purpggev rof this ordinance certain abbreviations; terms, phrases, vwords, and their derivatives shall be construed as specified in this Chapter. Words used in the singular include the plural and the_plural the singular. Words used in the masculine gender include the feminine and the feminine the maeeuline. Section 3.02- BUILDING means any structure u,5d er intended for supperting or sheltering any use or onenpancy, Section 3Q03 EXAMINER means the Hearing Examiner ?mo? mhe City of?Seattle created by Ordinance 102228, or hie ?duly authorized representative. Section 3,04 OWNER means any person who, alone or _jointly or seVerally with others, has title or interest in .any building, with or without accompanying actual thereof; and includes any person who as agent, or executery administrator, trustee, or guardian of an estate has charge, 5 care, or control of any building. Section 3305 PARTY AFFECTED means any owner, tenant, or other person having a direct financial interest in the ,Subject building or any adjacent property or any person~ '2 whose health or-Safety is directly affected by the subject building; or thePioneer Square Historic Preservation Board established by_Qrdinance 98852. db Section 3;05 PERMIT means any form of certificate: _approyal, registration, license, or other written permission which is required by law, ordinance or regulation to be ob~ rkt.tainedrbefore engaging in any activity. 19.3 __it1btr Section 3.07 PERSON means any individual, firm, cor" poration, association or partnership and their agents or assignsm Section 3.08 SUPERINTENDENT means the Superintendent of Buildings and shall also include any duly authorized representative of such Superintendent. Substandard Historic Buildings. SectiOn &.Ql Any building in which there exists any of the following coniitions to the degree that the preservation of the building or the safety of the public is substantially en?angered is hereby declared for the purposes of this ordinance to be a ?substandard historic building": Structural defects or hazards, including but not; rlimitedto the following: I l. Footing or foundations which are weakened, aster? iorated, insecure, or inadequate or of insuffie_ cient size to carryimposed loads with Safetyi? 2.. Flooring or floor supports which aredefeCtive,i? deteriorated, or of insufficient size or strength: to carry imposed loads with safety} 3. Members of walls, partitions,-or other vertical rsupports that split, lean, list, buckle, or are_of insufficient size or strength to carry imposed' loads with safety; I 4. _Memhers of ceilings, roofs, ceiling and roof supports, or other horizontal members which sag: split, buckle, or are of insufficient size or strength to carry imposed loads with safety; 5. Fireplaces or chimneys which list, bulge, settle or are of insufficient size or strength to carry imposed lease with safety. 19c; Detective er inadequate weather PrOtectiOn, in? 3 eluding but not limited to the following: ?3 l. Crumbling, broken, lease, or falling interior wall or ceiling cevering: Broken or missing doors and windowe; jsiy 3, Beteriorated, ineffective-or leak of waterproofing of roundations or floors; e7? s'i' Deteriorated, ineffective, or laCk of exterior ?3lii i 7 wall covering, including lack of paint or other ,;9;oedk I approved protective coating; 5. Deteriorated, ine?feetive, or lack of roof r1175ri? I . covering? 7332e.i 6. Broken, Split, decayed or buckled exterior wall or roof Covering; I Defects increasing the hazards o? fire or acci? gei??iik but not limited to the following; 6f1??ykyv I l. Accumulation of rubbish and debris; 2, Any condition which could cause a fire or explosion n??ii7iri or provide a ready fuel to augment the spread or .inteneity of fire or explosion arising from any au Section 4.02 DETERMINATION OF MAINTENANCE f: .. MEETS . inglir . I Commencement or Proceedingso Whenever the Super- 'jintendent or Buildings hes inspected or caused to be in~' spected any building, Structure? premises, land, or POrtiQn dithereof, and determines that it is a Substandard hietorio building used or maintained in violation of this ordinance; he shall commence proceedings to cause the abatement of each Violatien. ass 19.: Notice and order; The Superintendent of Buildings ?2 shall issue a written notice and order directed to the owner "is. of the building as shown upon the records of the Department 574? of Records and Elections of King County in the manner prev f: recribed in Section 4.03 of this ordinance, With a COPY to ise the Pioneer Square Historic PreservatiOn Boerd- The notice 6 and order shall contain; l. The street address when available and a legal description of real property and/or description of personal preperty sufficient for identification of where the violation occurred or is located; 2? A statement that the Superintendent has found the building to be in violation of this ordinance with a brief and concise description of the conditions, found'to be in violation. 3. A statement of the corrective action required to ?he taken. If the Superintendent has determined that corrective work is required, the s? . require that all required permits he s; the work physically commenced withianuCh. Vr_be Completed Within such time as the Superintendent eh shell determine is reaSOnahleunder the circumstancesfy3d 4'l rA Statement SPeCiinng the amount of any civil; 7 penalty that would be aesessed on account of the violation and, if applicable, the conditions On which assessment of such civil penalty is contingent; 5. A Statement informing the recipient that he-muSt comply with required permit procedures for historic buildings, including requirements for a Certificate1 'of Approval. (:83 19,2 17:17:] . -1.zcoy? l?dif22foh 6. Statements advising that if any required work is not commenced or compieted within the time specified, the Superintendent proceed t0 abate the violation and cause the work to be done and charge the costs thereof as a iien against the property, if not previousiy paid; 7. A statement advising that the order snail become finai uniess no iater than 30 days after the notice and order are served, any party affected by the order requests in writing an appeai hearing before the Hearing Examiner. Section 4.03.METHOD OF SERVICE. Service of the notice Tand order shaii be made upon ail persons having an interest in the prOperty in the manner provided for the service of notices in Section 5.03 of the Housing Code (Ordinance ?.106319); provided, that when personal service is obtained upon persons having an interest in the property, it shaii not be necessary to post a copy of the notice and order on the property. semen 4. 04 APPEALS .. 7(a) Any party affected by an order ofjgge Superintendent- _-sha11 have the right to appeal to the Hearing Examiner. I. 7(b) In order for an eppeai to be perfected the ioiinwing .provisions must be foiiowed: The appeai must be fiied with the Hearing; Examiner not iater than the 30th day following the service of the notice and order of the Superintendent; (2) The appeai must be in writing and state in a ciear and concise manner the specific exceptions andyobjectiOHS to the notice and order of the Superintendent. ?gs ?333 IL: The Hearing Examiner shali set date for hearing the appeai in a timely manner and sham pY?OVide no less, than 20 days written notice to the parties. The appeai hearing shaii be conducted pursuant to the contested case provisions of the Administrative Code {Ordinance 102228a as amended). The Hearing Examiner is authorized to promulgate procedurai ruies for the appea} hearing pursuant to the Administrative Code.? The appeai hearing shaii be a new or de nevo hearing. ?Subw stantiai weight shail be given to the notice and order of the Superintendent and the burden of estabiishing the contrary shaii be upon the appeaiing party. The Hearing Examiner shaii have the authority to affirm, modify, reverse, or remand the notice and order of the Superintendent, or to grant other appropriate reiief. Within'14 days after the hearing, a written decision contain? ing findings of fact and conclusiens shali be transmittedv to the parties. _appeal he Vmental notice and orderi Section 4?05 FINAL ORDER Any order duly iSSued by the Superintendent pursuant to the Procedures contained in this ordinance shall become final 30 days after service of the natice and order unless a written request for an aring is received by the Hearing Examiner within that 30 day period. An order which is subjected to the appeal pro_ '?cedures shall become final twenty days after mailing of the ?Hearing Examiner?s decision unless within that time period an aggrieved perSOn initiates review in King County Superior L,Court. Any final order ahall be filed by the Superini tendent with the Department or Records and Elections Of-King County, and the filing shall have the same effect as provided ?by'laws for other lis pendens notices. Section 4.06 SUPPLEMENTAL NOTICE AND ORDER. The Superintendent may at any time add to: rescind in part, or otherwiSe modify a notice and order by issuing a supple? The supplemental notice and order '3 shall be governed by the same procedures applicable to all 1 notices and orders contained in this ordinance. Section 4.07 ENFORCEMENT OF FINAL ORDER. If. after any order duly issued by the Superintendent ha? become vfinal, the perenn to whom Such order is directed fails: ~negleots? or refuses to obey such order, the Superintendent may: (1) ,Institute an action in Municipal Court t0 COlleCt a civil penalty assessed under this ordinance: and/or (2) Abate the violation using the procedures of this ordinance. 683 19.3 Enforcement of any notice and or?er of the super? intendent issued pursuant to this ordinance Shall be Stayed ?uring the pendency of any appeal under thiS Ordinance, er under Ordinance 98852, except when the Superihtendent de? termines that the violation will cause immediate and irrepm arable harm and so states in the notice and order issued. (0) In the event that the Minimum Maintenance Historic; Building Revolving Fund does not contain funds and/or the Superintendent elects not to abate the violation through repair, alteration or improvement of the building in the I manner specified in Section 4.09, he shall file a statement with the Department of Records and Elections of King County istating that there is he money currently available to fund such abatement and that the action will be held in abeyance until such time as funding is available. VSection 4.08 CIVIL PENALTY. In addition to or as an alternative to any other judicial Or adminiStrative remedy provided herein or by law or other otdinance, any personwho Violates this Grainance, or rules and regulations adopted hereunder, or by any act of commission or omiSsion procures, aids or_abets such violation shall be subject to a civil? penalty in an amount of fifty dollars per day for each, continuous Violation to be directly assessed until such 'Violation is correctedo All civil penalties assessed shall be enfOrce? and collected by civil_action, brought in the ~name of the City and commenced in the Municipal Court, and the superintendent of Buildings shall notify the City Attorney in writing of the name of any person subject to the penalty and the amount thereof, and the City Attorney shall, with the assistance of the Superintendent of Buildings, take appropniate action to collect the penalty. can 19.2 The defendant in the action may in mitigation of liability and, (1) That the violation giving riSe t0 the action was caused by the willful act, or neglect, or abuee of another; or dosed (2) That correction of the violation Was commenced upon receipt of notice thereof, but i?jf? that full compliance within the time specified was nag: preVented by inability to obtain necessary mater?l iale or labor, inability to_gain access to the idioiddpg? subject building, or other condition or circumstances_ ?tilw,i- 7 beyond the control of the defendant; 1 {fi2?,p and upon a shoWing of the above deacrihed oonditions,.the Court may remit all or part of the accumulated penalty.k _;wlint Section ABATEMENT. In addition to or as an _alternative to any other judicial Or administrative remedy. {lg?i lerovided herein or by law or other ordinance; the super?i?,jh phl?ih li_intendent may order conditions which constitute a violation of this ordinance to be abated. The Superintendent may Jhiiahln ?order any owner of a building in violation of this ordinance,. "EpiStai or rules and regulations adopted hereunder, to commence cor? Lifi?hpl -?rective work and to complete the work within such time as Ll?iip the SUperintendent determines reasonable under the oircumStances, Jihad: if.the owner ?3113 to 00mply with a final order; the.Super4 H??ghr 'intendent, by such meane and with such assistance as may be. 333f. available to him, is hereby authorized to cause suoh building - ,tp be repaired, altered or imprOVed and the costs thereofr 7/ ?ehall be recovered by the City in the manner provided by g; law. Cipig?f'd, i The cost of such work Shall be paid from amounts appropriaf li?j?g: _for abatement purposes. Unless the amount of the costs ?12? 08819.3 1 thereof are repaid within 60 days of the completion of the 2 work, they.ehall be asseseed agai?St the real PrOpertY as to y"513ff which such costs were incurred. Upon Certification by the I. Superintendent to the City Treasurer of the assessment amount beihg due and owing, the City Treasurer shall certify . the amount to the County Treasurer, who shall enter the ?i?l amount of such aseessment upon the tax.rolle against such ,e7yy y,real property for the current year to be collected at the igl same time and with interest at such rates and in SuCh manner lVfdif9_xi I as provided for in RCW 84.56?020, as new or hereafter amended, LE i'hich Vfor delinquent taxes, and when collected, shall be dePOSited in the General ??ud and credited to the Minimumeaintenance Historic Building . id as provided in Section 2;03 of this .ordinance; The assessment shall constitute a lien against the property of equal rank with state, county, and muncipal "illefg?f V?rtaxee. - _3gcfg {iij_ Section 4.10 The remedies provided for in this ordiw uytiggf??j 7 hence to accomplish preservation of substandard historic ,ig??ri}7rfy structures are not exclusive and this ordinance Shall not he construed to supersede or repeal by implication the reme?ieS ?*5ifk19f?vlju available for enforcement of the Housing Code (Ordinance ?c,le6319) or any other ordinance of the City. CHAPTER 5 Repeal, Severability, Ratification 'and Confirmation, Effective Date. eectien_5i01 Sections 6A, 6B, and 6C of ay?vOrdinenee798852, as amended, and all other crdinancee or parts 0: dinahcee in conflict herewith are hereby repealed; :provided such repeal shall not affect any right accrued, any duty ~Aposed, any penalty incurred, any proceeding commenced, or any expenditure made under or by virtue of any 'of these ordinanceei (388 1&3 (Tobe used for all Ordinances except Emergenc:y. Sectien 5.02 SEVERABILITY, The several erovisione of this ordinance are hereby deClared to be separate and severu ?able and the invalidity of any clause, eentence,~paragraph,ii subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or _circumetance shall not affect the validity of the remainder of this ordinance or the validity'of its ap?lioation to other persons or circumstances. Section 5.03 RATIFICATION AND CONFIRMATION. Any act ?purenant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. 9 Sectim??a?? This ordinance shall take effect and be in ?erce thirty days from and after its passage and approvah if approved by the Mayor; otherwise it shall take effect at the time it shall become alaw?xider the TprOvisiom of the city charter. Passed by the City Counciljthe .day of .., i if; 5 aha Signed by me in Open sessiOn in authenticaiion of its assae this Approved by me this e. a 7' Sneaky me] this ?day or .WY 197$ Attest. 7 'i - City?ComptroIler? - May/:3" a .?IPublished ., CSS We. Mi City (ifS?attle-wiidegislafive Department 7 V. 1 PRESIDENT: j; I and Adopted . . Your Committed? URBAN DEVELOPMENT 6c HOUSING I r, . to referred 5.3., 99323 Pioneer Square Minimum Maintenance: Ordinance. Establishing minimum maintenance standards for historic buiid~ ings inzthe Pioneer Square Historic ?Dist'riCt and providing far enforcement thereof by abatement of substandard conditions and penalties; creating the Minimum Maintenance Historic Building Revolving Fund; and repealing Secrtions 6A, 6B and 6C of Ordinance 98852. RECOMMEND THAT THE SAME PASS AS AMENDED Commitisee . .