§ 14.05.080. International Property Maintenance Code (IPMC).

Amend IPMC Section 111, Means of Appeal, to read as follows:

111.1 General. The City's Hearing Examiner shall act as the board of appeals under the International Property Maintenance Code. The Hearing Examiner may adopt rules of procedure for conducting business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the Building Official. Copies of all rules and regulations adopted shall be delivered to the Building Official, who shall make them freely accessible to the public.

111.2 Limitations on authority. The board of appeals shall have no authority relative to interpretation of the administration of this code nor shall the board be empowered to waive requirements of this code.

111.3 Appeals. Decisions of the Hearing Examiner shall be the final City decision on the matter. The Land Use Petition Act, RCW 36.70C, shall govern appeals of hearing examiner decisions as to appellate procedure and deadlines.

Add the following sections to IPMC Chapter 3 General Requirements.

Section 310 Drug Properties and Structures. It is hereby declared that any building, structure and/or associated property, identified by the City of Union Gap Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public, such building, structure and/or associated property is not only a dangerous property as defined by the City of Union Gap but is also a classification of property calling for the special procedures set forth in this section. The Building Official is authorized to abate such dangerous buildings, structures, and/or associated properties in accordance with the dangerous building procedures set forth in this code and Washington statute, RCW 64.44.010, with the following modifications:

310.1. Due to public safety hazard in drug production facilities, the utilities shall be disconnected;

310.2. Building(s) and structures shall be inspected to determine compliance with all City ordinances and codes;

310.3. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code;

310.4. No reconnection of utilities or occupancy of the building(s), structures or property shall be allowed until all violations have been successfully addressed, all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office; and

310.5. If dangerous conditions cannot be abated, occupancy shall be prohibited. Resolution of said property shall be in conformance with RCW 35.80A.010, condemnation of blighted property.

311. Blighted Property. In conformance with RCW 35.80A.010, the City of Union Gap may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW, any property, dwelling, building, or structure which constitutes a blight on the surrounding neighborhood. A "blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors:

311.1 If a dwelling, building, or structure exists on the property, the dwelling, building, or structure has not been lawfully occupied for a period of one year or more;

311.2 The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the Mayor of the City of Union Gap or designee; or

311.3 The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. Prior to such condemnation, the City of Union Gap City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property, dwellings, buildings, and structures for the purposes described in this chapter is declared to be for a public use.

(Ord. 2557 Art. I(part), 2008; Ord. 2437, § 1(part), 2004)

(Ord. No. 2685, art. I, 7-12-10)