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Home My WebLink AboutOrdinance No. 0874CITY OF MEDINA Ordinance No. 874 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON ADOPTING A NEW CHAPTER 20.44 OF THE MEDINA MUNICIPAL CODE ESTABLISHING MINIMUM MAINTENANCE STANDARDS FOR VACANT RESIDENCES AND ABANDONED CONSTRUCTION SITES WHEREAS, the Medina Comprehensive Plan Goal LU-G1 seeks "To maintain Medina's high -quality residential setting and character"; and WHEREAS, the presence of long-term vacant residences and abandoned construction sites can create a blight on the high -quality residential character of the City and lower property values; and WHEREAS, many long-term vacant residences and sites where construction was started and then abandoned are the responsibility of out -of -area owners, and state lenders and trustees; and WHEREAS, in many instances the owner, lender or trustee fail to adequately maintain or secure their vacant residences or abandoned construction sites; and WHEREAS, under the powers granted in RCW 35A.11.020, the City Council has authority to establish regulations that protect all types of real property within the City's jurisdiction provided those regulations do not conflict with state law; and WHEREAS, the City has an obligation to protect its residential neighborhoods from decline and devaluation; and WHEREAS, the City Council wishes to establish minimum maintenance standards for real property to protect residential neighborhoods from. decline and devaluation; and WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to governmental procedures and contains no substantive standards respecting use or modification of the environment and is therefore exempt from the requirements of the State Environmental Policy Act pursuant to WAC 197-11-800(19). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 Section 1.15.030 of the Medina Municipal Code is amended to read as follows: This chapter applies to any violations of: A. Title 17 MMC Zoning; B. Chapter 8.04 MMC, Nuisances; C. Chapter 8.06 MMC, Noise; D. Chapter 12.28 MMC, Tree Code; E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way; 1 of 4 F. Chapter 14.12, Site Plan Review; G. Chapter 20.40, Building Codes; H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities; I. Chapter 18.08 MMC, Shoreline Management Master Program; ((ate)) J. Chapter 18.12 MMC, Environmentally Sensitive Areas((-)): and K. Chapter 20.44 MMC Minimum Maintenance Standards for Vacant Residences and Abandoned Construction Sites. Section 2. A new Chapter 20.44 of the Medina Municipal Code is adopted to read as follows: Chapter 20.44 Minimum Maintenance Standards for Vacant Residences and Abandoned Construction Sites Sections: 20.44.010 Purpose. 20.44.020 Applicability. 20.44.025 Definitions. 20.44.030 Responsible person's obligations to maintain. 20.44.040 Minimum maintenance standards for vacant residences. 20.44.050 Minimum maintenance standards for abandoned construction sites. 20.44.060 Violations. 20.44.010 Purpose. The purpose of this chapter is for the general protection of the public health, safety and welfare and to preserve the high -quality residential character, property values, and enjoyment of property by establishing minimum maintenance standards for vacant residences and abandoned construction sites. 20.44.020 Applicability. The requirements of this chapter shall apply to the following: A. Abandoned construction sites where the responsible person has ceased work for a period of 60 or more consecutive days. Circumstances indicating abandonment include, but are not limited to, failure to call for inspections, absence of workers, or removal of equipment and supplies. A valid building permit or other permit does not alter the status of determining a construction site to be abandoned. B. Vacant single-family dwelling that is unoccupied or unused for 60 or more consecutive days. This does not include dwellings where emergency work, or authorized construction work is being undertaken. 20.44.025 Definitions. A. Words in this chapter used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary. B. The following definitions shall apply to this chapter: 1. "Building" means the same as the definition in MMC 17.12.010. 2. "Erosion" means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. 2of4 3. "Excessive vegetation" means the following: a. Weeds more than 8 inches in height; b. Uncared for grass more than 8 inches in height; and c. Any vegetation or weed that poses a health hazard, a fire hazard, or that impairs the view of a public road right-of-way or renders use of the road otherwise hazardous. 4. "Owner" means any person, agent, firm, or corporation having a legal or equitable interest in the property. 5. "Premises" means the same as the definition in MMC 8.04.010(D). 6. "Responsible person" means: an owner, lessor, tenant, agent, contractor, operator, developer, applicant or other person or entity entitled to control, use and/ or occupy the property, or any other person causing or contributing to a violation of the provisions of this chapter. 7. "Structure" means the same as the definition in MMC 17.12.010. 8. "Vegetation" means any organism of the vegetable kingdom, including grasses, herbs, shrubs, and trees. Weeds are excluded from the definition of "vegetation." 9. "Weed" means plants considered unwanted, undesirable, or troublesome. 20.44.030 Responsible person's obligations to maintain. A. The responsible person shall maintain vacant residences and associated premises and abandoned construction sites in a clean, safe, and sanitary condition consistent withthe provisions of this chapter and other applicable provisions of the Medina Municipal Code. B. The responsible person shall bear all costs associated with maintaining vacant residences and abandoned construction sites. 20.44.040 Minimum maintenance standards for vacant residences. Properties containing vacant single-family dwellings shall, at a minimum, be maintained as follows: A. The premises shall be clean, safe, and sanitary, free from waste, garbage, litter and excessive vegetation. B. The building and structures shall be maintained in good repair and be structurally sound. Structural members shall be free from safety, health, and fire hazards. C. Doors, windows, and other openings shall be weather -tight and secured against entry by birds, vermin, and trespassers. Missing or broken doors, windows, and other openings shall be covered by glass, plywood, or other weather -resistant materials and tightly fitted and secured to the opening. D. Exterior walls shall be free of holes, breaks, and loose or rotting materials. E. Foundation walls shall be animal- and vermin -proof and be maintained in a structurally sound and sanitary condition. F. Chimneys, decks, balconies, canopies, awnings, exhaust ducts, cornices, corbels, trim, wall facings, drains, gutters, downspouts, and similar features shall be safely anchored. G. Roofs and flashings shall be maintained in good repair and be structurally sound. 20.44.050 Minimum maintenance standards for abandoned construction sites. Properties where a construction site has been abandoned shall be maintained as follows: 3of4 A. Owners shall ensure that the site is secure and poses no health or safety hazards to the public or neighboring properties. B. Any structure or partially constructed structure shall comply with applicable provisions in MMC 20.44.040. C. Construction debris and construction related materials shall be stored in a safe, secure fashion on site and/ or removed from the site. D. Erosion control measures shall be employed that stabilize the soils and prevent erosion and sediment from leaving the site. E. City streets and rights -of -way shall at a minimum be restored or maintained to pre - construction conditions. 20.44.060 Violations. Any violation of this chapter shall be subject to the enforcement procedures and penalties prescribed in Chapter 1.15 MMC. In addition, the violation maybe designated a public nuisance and be subject to abatement proceedings set forth in Chapter 8.04 MMC. Section 3. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase of this ordinance. Section 4. Effective Date. This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent or contents. PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF JUNE, 2011 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF JUNE, 2011. Approved as Bruce Disend, 'ty Attorney �yyhli6W�w: 00(r[w "y4t : 0 4, (2,( (?,v I ( 4of4 MayortS et Jor an Attest: V R hca el Baker, City Clerk