A. Findings – Nuisance declared. It is found that there exist, in the city of Vancouver, dwellings and other buildings, structures, and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other conditions which are detrimental to the public health and welfare. Unfit dwellings, buildings, structures, or premises as defined by Chapter 17.32 VMC are declared to be public nuisances. Utilization of the provisions of Chapter 35.80 RCW, Unfit Dwellings, Buildings, and Structures, is found to be in the public interest.

B. Building official and hearing examiner designations for purposes of Ch 35.80 RCW.

C. Issuance and service of complaint. If after a preliminary investigation of any dwelling, building, structure, or premises, the building official finds that it is unfit for human habitation or other use, he or she shall cause to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Clark County auditor's office, and shall post in a conspicuous place on such property, a complaint stating in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the building official in the exercise of reasonable diligence, and the building official makes an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the complaint and order by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceedings, and mailing a copy of the complaint and order by first-class mail to any address of each such person in the records of the Clark County assessor or the Clark County auditor. Personal service shall be complete upon receipt. Service by mail shall be deemed complete three (3) days after deposit of the complaint in the United States mail. Proof of service shall be made in accordance with VMC 22.02.060(F). In determining whether a dwelling, building, structure or premises should be repaired or demolished, the building official shall be guided by Chapter 17.32 VMC, and such other provisions of the Vancouver Municipal Code as the building official deems applicable, in particular the most recent edition of the International Property Maintenance Code.

D. Hearing on complaint – Notice. Such complaint shall contain a notice that a hearing will be held before the building official, at a place therein fixed, not less than ten (10) days nor more than thirty (30) days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint with the building official, to appear in person, or otherwise, be represented by legal counsel and to give testimony at the time and place in the complaint. The answer to the complaint shall be filed with the building official not less than two (2) business days prior to the date set for hearing unless otherwise agreed to by the building official.

E. Complaint hearing. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building official. The building official shall have the authority to administer oaths and affirmations to witness and to admit all evidence that is offered, unless the building official finds the evidence is not relevant or is untimely.

F. Filing. A copy of such complaint may be filed or recorded with the Clark County auditor in accordance with RCW 35.80.030(c).

G. Determination, findings of fact, and order. Within ten (10) days of the complaint hearing, the building official shall issue a written determination, findings of fact, and order, conforming to the provisions of RCW 35.80.030(f), stating the building official’s determination as to whether the subject dwelling, building, structure or premises is unfit under the standards of this chapter; the findings of fact supporting the determination; and an order specifying the actions necessary to address any unfitness, and a deadline for completing the actions. Failure to appear for the complaint hearing constitutes a waiver of all right to an administrative hearing and determination of the matter and the building official’s complaint shall be deemed the final and binding determination of the matter. In issuing the determination, findings of fact, and order, the building official shall be guided by the Vancouver Municipal Code, specifically VMC 17.32, and such other codes adopted pursuant to the Vancouver Municipal Code as the building official deems applicable. The determination, findings of fact, and order shall be served and posted as set forth for a complaint in subsection (C) of this section. If no timely appeal is filed with the city, a copy of the determination, findings of fact, and order may be filed with the Clark County auditor in accordance with RCW 35.80.030(f).

H. Appeal to hearing examiner. Within thirty (30) days of service of a determination, findings of fact, and order, any party who has appeared in a complaint hearing may file an appeal with the city clerk. A city hearings examiner as created and authorized under VMC chapter 2.51, shall conduct a hearing on the appeal. The hearing shall be governed by the procedures of VMC 22.02.030 – VMC 22.02.060; provided that hearing examiner shall issue a decision ruling within sixty (60) days from the date the appeal is filed unless otherwise agreed to by the party appealing, if the hearing examiner issues any oral findings of fact, the decision shall include a transcript of such oral findings in such written decision and the hearing examiner’s decision shall be posted in a conspicuous place on the subject property. If no timely appeal to a hearing examiner is filed with the city clerk, a copy of the building official’s determination, findings of fact and order shall be deemed final and binding and the same may be recorded with the Clark County auditor.

I. Appeal to superior court. Any person affected by a determination, findings of fact, and order issued by the building official officer, and who has brought an appeal before the hearings examiner pursuant to subsection (H) of this section may, pursuant to RCW 35.80.030(2) within thirty (30) days after the posting and service of the hearing examiner’s decision, petition the Clark County Superior Court for an injunction restraining the building official from carrying out the provisions of the determination, findings of fact, and order. In all such proceedings, the court is authorized to affirm, reverse or modify the order, and such trial shall be heard de novo.

J. Abatement. If a party, following exhaustion of the party’s rights to appeal, fails to comply with the building official’s determination, findings of fact, and order, the building official may direct or cause the subject dwelling, building, structure or premises to be abated through repair, alteration, improvement, vacation, securing, closing or demolition or any combination thereof. The building official, in consultation with the city attorney, may begin and conduct all civil suits which may be necessary for the enforcement of Chapter 17.32 VMC and this section.

K. Costs constitute debt – Collection – Assessment Lien. The costs of repair, alteration, improvement, vacation, closing or demolition of any dwelling, building, structure or premises under this section shall constitute a debt to the city, payable by the owner thereof. The city may take any appropriate legal action to collect such costs including assignment of claims to collection agencies, and other collection methods authorized by law. In the event the owner fails to repay such costs, the city may upon certification of the city treasurer seek to assess costs for remediation of the property upon which costs were incurred accordance with RCW 35.80.030(h). Pursuant to RCW 35.80.030(h) such assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. (Ord. M-4047 §14, 2013)