Title
ORDINANCE NO. 3396 - AMENDMENTS TO LONGVIEW MUNICIPAL CODE CHAPTER 16.32 UNFIT STRUCTURES
COUNCIL INITIATIVE ADDRESSED:
Address quality of place issues, Preserve and enhance neighborhoods, Strengthen economic conditions & create new opportunities
CITY ATTORNEY REVIEW: REQUIRED
SUMMARY STATEMENT:
Chapter 16.32 of the Longview Municipal Code (LMC) was first adopted in 1962. Recent review of the UNFIT STRUCTURES regulations contained in LMC 16.32 by the City Attorney and code compliance staff revealed inconsistent language between LMC 16.32 and Chapter 35.80 RCW. Chapter 35.80 RCW authorizes municipalities to adopt ordinances relating to unfit dwellings, buildings, structures and premises. LMC 16.32 and the statutory provisions of 35.80 RCW provide for abatement of buildings which are unfit for human habitation, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are detrimental to the health, safety and welfare of the occupants and/or general public. Included in the statutory provisions of Chapter 35.80 RCW is the ability for a municipality to exercise lien rights to recover all costs associated with abatement of unfit dwellings, buildings, structures and premises.
Amending LMC 16.32 to eliminate the inconsistencies and coordinate the City's code language with Chapter 35.80 RCW will enhance the City's ability to recover all costs associated with abatements performed according to LMC 16.32. A memorandum from the City Attorney outlining the issue and how the proposed amendments resolve that issue is provided as an attachment, along with some pictorial examples of problem properties and the proposed ordinance no. 3396 amending LMC 16.32.
RECOMMENDED ACTION:
Motion to approve Ordinance No. 3396