Title 8
HEALTH AND SAFETY

Chapters:

8.04 Fireworks

8.08 Sewage Disposal Systems

8.10 Bicycle, Skateboard, Rollerskate, and Scooter Helmets

8.12 Recodified

8.16 Repealed

8.17 Washington State Clean Indoor Air Act

8.20 Water Shortage

8.24 Dangerous Buildings

Chapter 8.04
FIREWORKS

Sections:

8.04.010 Definitions.

8.04.020 Sales license – Required.

8.04.030 Sales license – Fee.

8.04.040 Sale or possession of certain fireworks prohibited.

8.04.045 Retailers of fireworks – List.

8.04.050 Sales date restrictions.

8.04.060 Use date restrictions – Exception.

8.04.070 Sales license – Maximum number.

8.04.080 Sales license – Single outlet permitted – Nontransferability.

8.04.090 Sales license – Conditions for issuance.

8.04.100 Sale from temporary stands required – Exception.

8.04.110 Temporary stand specifications and requirements.

8.04.120 Chapter applicability.

8.04.130 Sales license – Granting preference.

8.04.140 Construction of chapter.

8.04.150 Enforcing officer.

8.04.160 Violation – Penalty.

8.04.010 Definitions.

A. Definition of “common fireworks” shall mean any fireworks designed primarily to produce visible or audible effects by combustion.

B. Terms and classifications defined in WAC 212-17-035 are adopted by reference as though set forth herein in full. (Ord. 1457 § 1, 2000; Ord. 838 § 1, 1980).

8.04.020 Sales license – Required.

It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the city without first having obtained a license pursuant to the provisions of this chapter. (Ord. 1457 § 1, 2000; Ord. 459 § 2, 1961).

8.04.030 Sales license – Fee.

The annual license fee for the sale of such fireworks as may be authorized under this chapter, or may be authorized by the provisions of the laws of the state, shall be $75.00 per year, payable in advance. (Ord. 1457 § 1, 2000; Ord. 1236 § 1, 1994; Ord. 459 § 3, 1961).

8.04.040 Sale or possession of certain fireworks prohibited.

The following provisions shall apply: except as provided in RCW 70.77.311(2), it is unlawful for any person to sell, possess, use or explode any fireworks classified as skyrockets, or missile-type rockets, firecrackers, salutes, or chasers within the city. (Ord. 1457 § 1, 2000; Ord. 838 § 3, 1980).

8.04.045 Retailers of fireworks – List.

A list of fireworks that may be sold to the public as defined in WAC 212-17-198 are adopted by reference as though set forth herein in full. (Ord. 1457 § 1, 2000).

8.04.050 Sales date restrictions.

No licensee shall sell at retail, or offer for sale, any fireworks authorized to be sold in this chapter within the city except from 12:00 noon to 11:00 p.m. on the twenty-eighth of June, from 9:00 a.m. to 11:00 p.m. on each day from the twenty-ninth of June through the fourth of July, from 9:00 a.m. to 9:00 p.m. on the fifth of July, from 12:00 noon to 11:00 p.m. on each day from the twenty-seventh of December through the thirty-first of December of each year. Public purchases of fireworks as defined in WAC 212-17-060 are adopted by reference as though set forth herein in full. (Ord. 1637 § 1, 2005; Ord. 1483 § 1, 2001; Ord. 1457 § 1, 2000; Ord. 459 § 5, 1961).

8.04.060 Use date restrictions – Exception.

No person shall use or explode any fireworks within the city except between the hours of 12:00 noon and 11:00 p.m. on the twenty-eighth of June and between the hours of 9:00 a.m. and 11:00 p.m. on the twenty-ninth of June to the third of July, and on July 4th between the hours of 9:00 a.m. and 12:00 midnight, and between the hours of 9:00 a.m. and 11:00 p.m. on July 5th, and from 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the subsequent year; provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state. (Ord. 1637 § 2, 2005; Ord. 1483 § 2, 2001; Ord. 1457 § 1, 2000; Ord. 459 § 6, 1961).

8.04.070 Sales license – Maximum number.

No person, firm or corporation shall receive more than one license for the sale of fireworks during any one calendar year. The maximum number of licenses which may be issued pursuant to this chapter shall not exceed a total of four. (Ord. 1457 § 1, 2000; Ord. 459 § 7, 1961).

8.04.080 Sales license – Single outlet permitted – Nontransferability.

A license granted pursuant to this chapter shall entitle the licensee to maintain only one retail outlet. All licenses issued pursuant to this chapter shall be used only by the designated licensee and shall be nontransferable. Any transfer or purported transfer of such a license shall be deemed a violation of this chapter. (Ord. 1457 § 1, 2000; Ord. 459 § 8, 1961).

8.04.090 Sales license – Conditions for issuance.

A license for the sale of fireworks shall be issued only upon the following terms and conditions:

A. The applicant shall have a valid and subsisting license issued by the state authorizing the holder thereof to engage in the fireworks business.

B. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards set forth in this chapter for temporary fireworks stands.

C. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city in the following amounts:

1. One hundred thousand dollars or more for injuries to any one person in one accident or occurrence;

2. Three hundred thousand dollars or more for injuries to two or more persons in any one accident or occurrence;

3. Fifty thousand dollars for damage to property in any one accident or occurrence.

D. The licensee’s location or place of business shall be only in those areas or zones within the city wherein commercial activities are authorized; namely, that area adjacent to and fronting on U.S. Highway 99 and a northerly direction from 7th Street, and at the present area known as the city business area; provided, that the sale of common fireworks shall not be deemed an enlargement on an existing nonconforming use; and provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist.

E. The applicant shall post with the city a performance bond or cash deposit in an amount not less than $50.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand, which deposit shall be returned to the applicant only in the event that he removes said temporary stand and cleans up all debris to the satisfaction of the proper officials of the city. In the event of his failure to do so, said performance bond or cash deposit shall be forfeited to the city. In no event shall applicant be entitled to the return of said performance bond or cash deposit if he has failed to remove said temporary stand and clean up all debris by the tenth day of July of each year. (Ord. 1457 § 1, 2000; Ord. 459 § 9, 1961).

8.04.100 Sale from temporary stands required – Exception.

All common fireworks except toy caps and sparklers shall be sold only from temporary stands. (Ord. 1457 § 1, 2000; Ord. 459 § 10, 1961).

8.04.110 Temporary stand specifications and requirements.

The temporary stands of all licensees shall conform to the following minimum standards and conditions:

A. Temporary fireworks stands need not comply with all provisions of the building code of the city; provided, however, that all such stands shall be erected under the supervision of the fire chief of the city or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary stand is wired for

electricity, then the wiring shall conform to the requirements of the director of public works of the city.

B. No temporary fireworks stand shall be located within 20 feet of any other building or structure, nor within 50 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored.

C. Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times.

D. Each temporary fireworks stand shall have, in a readily accessible place, a fire extinguisher duly approved in advance by the fire chief of the city or his duly authorized representative.

E. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area a distance of not less than 20 feet measured from the exterior walls on each side of said temporary fireworks stands.

F. No smoking shall be permitted in or near a temporary fireworks stand, and the same shall be posted with proper “No Smoking” signs.

G. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of 18 years shall be allowed inside any temporary fireworks stand.

H. All unsold stock and accompanying litter shall be removed from said temporary fireworks stand by 12:00 noon on the sixth day of July of each year. (Ord. 1457 § 1, 2000; Ord. 459 § 11, 1961).

8.04.120 Chapter applicability.

The provisions of this chapter shall apply to the sale of all common fireworks except for toy caps and sparklers. Toy caps and sparklers may be sold at any time at a regularly conducted business enterprise. (Ord. 1457 § 1, 2000; Ord. 838 § 5, 1980).

8.04.130 Sales license – Granting preference.

In the event there are more applications for licenses than there are licenses available, then licenses shall be granted to those first applying therefor who meet all the necessary qualifications and requirements. (Ord. 1457 § 1, 2000; Ord. 459 § 13, 1961).

8.04.140 Construction of chapter.

This chapter is to be construed with the Washington State Fireworks Law and any and all rules and regulations issued pursuant thereto. (Ord. 1457 § 1, 2000; Ord. 838 § 7, 1980).

8.04.150 Enforcing officer.

The fire chief of the city, or his duly authorized representative, is designated as the enforcing officer of the chapter. In addition to all the grounds for revocation of licenses set forth in the general provisions of this chapter, any failure or refusal on the part of a licensee to obey any rule, regulation or request of the fire chief concerning the sale of fireworks shall be grounds for the revocation of a fireworks license. (Ord. 1457 § 1, 2000; Ord. 459 § 15, 1961).

8.04.160 Violation – Penalty.

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined no more than $500.00 or imprisoned for not more than six months, or by both such fine and imprisonment. (Ord. 1457 § 1, 2000; Ord. 838 § 8, 1980).

Chapter 8.08
SEWAGE DISPOSAL SYSTEMS

Sections:

8.08.010 Gaudo holes prohibited.

8.08.020 Violation a misdemeanor.

8.08.010 Gaudo holes prohibited.

It is unlawful for any person, firm, or corporation or their or its agents, employees, or contractors to dig, construct or utilize within the limits of the city any gaudo hole or sewage disposal system other than a sewage disposal system, approved and accepted by the Tacoma-Pierce County Health Department and the state of Washington Department of Health and Pollution Control Commission. (Ord. 568 § 1, 1969).

8.08.020 Violation a misdemeanor.

Any person, firm, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor. For each act prohibited in this chapter of a continued nature, each day shall be considered a separate offense. (Ord. 568 § 2, 1969).

Chapter 8.10
BICYCLE, SKATEBOARD, ROLLERSKATE, AND SCOOTER HELMETS

Sections:

8.10.010 Purpose and policy.

8.10.020 Definitions.

8.10.030 Helmet required.

8.10.040 Bicycle, skateboard, rollerskate, scooter races and events – Helmet required.

8.10.050 Bicycle, skateboard, rollerskate, scooter leasing or loan – Helmet required.

8.10.060 Helmet sales – Safety standards.

8.10.070 Penalties – Civil nontraffic violations.

8.10.080 Enforcement.

8.10.090 Information and education.

8.10.010 Purpose and policy.

A. This chapter is enacted as an exercise of the authority of the city of Milton to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

B. It is the express purpose of this chapter to provide for and to promote the health and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

C. It is the specific intent of this chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this chapter is intended to impose any duty whatsoever upon the city of Milton or any of its officers or employees, for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory.

D. Nothing contained in this chapter is intended to be, nor shall be, construed to create or to form the basis for a liability on the part of the city of Milton, or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to this chapter to comply with this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city of Milton by its officers, employees or agents. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.020 Definitions.

As used in this chapter, the following terms shall have the meanings indicated unless every context clearly requires otherwise:

A. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride having two tandem wheels, either of which is 16 inches or more in diameter, or three wheels, any one of which is more than 20 inches in diameter (RCW 46.04.071). Within this chapter, the term “bicycle” shall include any attached trailers, side cars, and/or other device being towed by a bicycle.

B. “Guardian” means a parent, legal guardian, an adult with custody, or temporary guardian who maintains responsibility, whether voluntary or otherwise for the safety and welfare of a person under the age of 18 years.

C. “Helmet” means a head covering that meets or exceeds safety standards adopted by Standard Z-90.4 set by the American National Standards Institute (ANSI), or the Snell Foundation, or such subsequent nationally recognized standard for bicycle, skateboard, rollerskate, and scooter helmet performance as the city council may adopt.

D. “Public area” means public roadways, bicycle paths, parks, or any right-of-way or publicly owned facility under the jurisdiction of the city of Milton. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.030 Helmet required.

A. Any person bicycling, skateboarding, roller skating, riding a scooter or riding as a bicycle passenger on or in tow of a bicycle, skateboard, or rollerskate or scooter upon any public area in the city of Milton shall wear an approved helmet designed for safety that meets or exceeds the standards adopted in MMC 8.10.020(C) and shall have either the neck or chin strap of the helmet fastened securely while the bicycle, skateboard, rollerskate, or scooter is in motion.

B. No person shall transport another person on or in tow of a bicycle, skateboard, rollerskate, or scooter upon any public area in the jurisdiction of the city of Milton, unless the passenger is wearing a helmet that meets the requirements of this chapter.

C. A parent or guardian is responsible for requiring that a child under the age of 18 years wears an approved helmet while bicycling, skateboarding, roller skating, riding a scooter or riding as a passenger on a bicycle, skateboard, rollerskate, or scooter in any public area in the city of Milton, and has the neck or chin strap of the helmet fastened securely. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.040 Bicycle, skateboard, rollerskate, scooter races and events – Helmet required.

A. Any person managing a bicycle, skateboard, rollerskate, or scooter race, an organized event involving bicycling, skateboarding, roller skating, riding a scooter, or a bicycle tour in the public areas of the city of Milton shall require that all participants on or in tow of bicycles, skateboards, rollerskates, or scooters wear approved helmets.

B. The person managing any such event shall include the helmet requirement in any promotional brochures and on registration materials. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.050 Bicycle, skateboard, rollerskate, scooter leasing or loan – Helmet required.

A. Any person engaging in the business of renting or loaning (e.g., “a test drive”) any bicycle, skateboard, rollerskates, or scooter for use in any public place in the city of Milton shall supply the persons leasing or using bicycles, skateboards, rollerskates, or scooter with approved helmets as defined herein, along with the bicycles, skateboards, rollerskates, or scooter, unless the bicycle, skateboard, rollerskate, or scooter riders and passengers possess approved helmets of their own, and offer proof thereof, for use with the bicycle, skateboard, rollerskates, or scooter.

B. The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle, skateboard, rollerskates, or scooter of the helmet requirements of this chapter.

C. It is a defense to this section for a person wearing an unapproved helmet that the helmet was furnished in conjunction with his or her lease of a bicycle, skateboard, rollerskate, or scooter by a person engaged in the business of renting bicycles, skateboards, rollerskates, or scooters, and that the helmet was fastened securely while bicycling, skateboarding, roller skating, or riding a scooter. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.060 Helmet sales – Safety standards.

A. No person shall sell or offer for sale a helmet that does not meet or exceed the safety standards set by the American National Standards Institute (ANSI) Standard Z-90.4, or the Snell Foundation, or such subsequent nationally recognized standard for helmet performance as the city of Milton may adopt.

B. It is a defense that the sale or offer for sale was an isolated sale of used merchandise made by an individual who was not engaged in the business of selling or repairing recreational equipment, such as a seller at a garage or rummage sale. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.070 Penalties – Civil nontraffic violations.

A. Any person, including a parent or guardian, violating any of the provisions of this chapter shall have committed a civil nontraffic violation and shall be liable for a monetary penalty not to exceed $76.00.

B. The court may waive, reduce, or suspend the penalty and clear the notice of violation as a warning for an individual who has not received a notice of violation of this chapter within one year, and provides proof that he or she has acquired an approved helmet at the time of appearance in court.

C. Each child under 18 not meeting the requirements of MMC 8.10.030 shall represent a separate violation.

D. Each rental and each event under MMC 8.10.040 shall be a separate violation. (Ord. 1589 § 1, 2003; Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.080 Enforcement.

A. The city of Milton police department shall be responsible for enforcing the provisions of this chapter.

B. For the purpose of this chapter, law enforcement officers may at their discretion:

1. Enter, during business hours, the premises of a business selling, repairing, or renting bicycles, skateboards, rollerskates, scooters or selling sporting or recreation equipment to determine compliance with this chapter;

2. Post notice outside the premises of a business that offers for sale, rent, or other public use bicycle, skateboard, rollerskate, or scooter helmets that do not meet the safety standards of this chapter, so that the public is informed; and

3. Stop a bicycle, skateboard, rollerskate, and scooter race, an organized event involving bicycling, skateboarding, roller skating, riding a scooter, or a bicycle tour that takes place in a public area when there is conspicuous disregard for the requirements of this chapter, involving multiple infractions. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

8.10.090 Information and education.

A. Information and the need for bicycle, skateboard, rollerskate, and scooter helmets, safe helmet use, safe bicycle, skateboard, rollerskate, and scooter operation, and existing bicycle, skateboard, rollerskate, and scooter safety programs are available at the city of Milton police and fire department.

B. The city of Milton encourages any person engaging in the business of selling bicycles, skateboards, rollerskates, and scooters to include information on bicycle, skateboard, rollerskate, and scooter safety and the helmet requirements of this chapter with each bicycle, skateboard, rollerskate, and scooter sold.

C. The city of Milton encourages any person engaging in the business of selling bicycle, skateboard, rollerskate, and scooter helmets to include information on safe helmet usage with each helmet sold. (Ord. 1455 § 1, 2000; Ord. 1345 § 1, 1997).

Chapter 8.12
STORM DRAINAGE AND FLOOD CONTROL

(Recodified as Art. II of Ch. 13.26 by Ord. 1210)

Chapter 8.16
WASHINGTON STATE VENTILATION AND INDOOR AIR QUALITY ACT

(Repealed by Ord. 1662)

Chapter 8.17
WASHINGTON STATE CLEAN INDOOR AIR ACT

Sections:

8.17.010 Adopted.

8.17.010 Adopted.

The Washington State Clean Indoor Air Act (Chapter 70.160 RCW) is hereby adopted by reference as the law governing smoking in bars, taverns, bowling alleys, tobacco shops and restaurants in the city of Milton. (Ord. 1620 § 1, 2004).

Chapter 8.20
WATER SHORTAGE

Sections:

8.20.010 Water use restrictions – Public works director authority to impose when.

8.20.020 Violation – Penalty.

8.20.010 Water use restrictions – Public works director authority to impose when.

The council authorizes that, whenever the director of public works deems that the water supply in Milton is in danger of not being available in enough quantity to meet the fire department’s emergency needs and the domestic use, the director shall declare a “water shortage” and shall impose whatever reasonable restrictions upon the use of the water in the city’s system he shall deem necessary. (Ord. 994 § 1, 1985).

8.20.020 Violation – Penalty.

Any one who violates the director’s restrictions as provided for in this chapter shall be guilty of a misdemeanor and punished as provided in Chapter 1.08 MMC. (Ord. 994 § 2, 1985).

Chapter 8.24
DANGEROUS BUILDINGS

Sections:

8.24.010 Purpose and findings.

8.24.020 Definitions.

8.24.030 Duties of the director.

8.24.040 Unfit buildings.

8.24.050 Substandard buildings.

8.24.060 Nuisances.

8.24.070 Complaint.

8.24.075 Voluntary correction.

8.24.080 Hearings before the director.

8.24.090 Hearings before the hearing examiner.

8.24.100 Enforcement.

8.24.110 Costs.

8.24.120 Permit required.

8.24.130 Rules and regulations.

8.24.140 Penalties.

8.24.150 Emergencies.

8.24.010 Purpose and findings.

The city council of the city of Milton finds that unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the city of Milton, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. This chapter shall also be construed to apply only to unfit dwellings, buildings, structures and premises to the extent regulated by Chapter 35.80 RCW, as now or hereafter amended. (Ord. 1677 § 2, 2006; Ord. 1531 § 1, 2002).

8.24.020 Definitions.

Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the International Building Code. Gender and number are interchangeable. Defined terms or concepts from MMC Title 17 generally apply to this chapter.

A. “Abandoned” refers to any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicia that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession is not conclusive in determining that property is abandoned.

B. “Boarded up building” means any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of nonoccupancy or nonuse for an indefinite period of time.

C. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

D. “Director” means the planning and community development director, his authorized deputies and representatives.

E. “Hearing examiner” means the hearing examiner of the city of Milton as provided in Chapter 2.54 MMC.

F. “Health officer” means the head of either the Tacoma-Pierce County health department or Seattle-King County health department, his authorized deputies or representatives.

G. “Nuisance” includes a nuisance defined by statute or ordinance; or a nuisance at common law, either public or private.

H. “Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Pierce or King County auditor, or who establishes his interest before the director or hearing examiner. For the purpose of giving notice, the term “owner” also includes any person in physical possession.

I. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

J. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance has been sought within two years, or a notice of violation has been issued within two years. (Ord. 1663 §§ 6, 7, 2006; Ord. 1531 § 1, 2002).

8.24.030 Duties of the director.

The director’s duties and powers for the purposes of this chapter include:

A. Investigation of all buildings and premises which he has reasonable grounds to believe may be unfit, substandard, boarded up, or a nuisance;

B. Preparation, service and posting of complaints against buildings or premises believed to be in violation;

C. Conducting administrative hearings and rendering decisions based upon written findings; and

D. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 1531 § 1, 2002).

8.24.040 Unfit buildings.

A. In reaching a judgment that a building is unfit for human habitation, the director shall consider:

1. Dilapidation;

2. Disrepair;

3. Structural defects;

4. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;

5. Inadequate ventilation;

6. Uncleanliness;

7. Inadequate light;

8. Inadequate sanitary facilities;

9. Inadequate drainage;

10. Substandard conditions.

B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’s occupants, or the occupants of neighboring buildings or of other residents of the city of Milton, and if (1) structural deterioration is of such degree that (a) vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base, or (b) 33 percent of the supporting members shows damage or deterioration; or (2)  the cost of restoration exceeds 60 percent of the value of the building; or (3) the building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the building and it has remained vacant for six months or more (value shall be determined by reference to a current edition of “Building Valuation Data” published by the International Conference of Building Officials or, if not published, as determined by the director. Cost of restoration is the actual estimated cost, which may be determined in the same manner as “value”), the director shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition.

C. An undertaking entered into, at or prior to the hearing, by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking within 30 calendar days is grounds for the director to order demolition. If by reason of any of the above conditions, a building is unfit, but no public necessity is found for its immediate demolition, the director may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare. (Ord. 1531 § 1, 2002).

8.24.050 Substandard buildings.

A. In reaching a judgment that a building or premises is substandard, the director shall be guided by such factors as:

1. Structural unsoundness;

2. Improper sanitation;

3. Improper safety;

4. Improper weatherproofing;

5. Defective or hazardous wiring, including wiring which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

6. Defective or hazardous plumbing, including plumbing which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

7. Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good and safe condition;

8. Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof;

9. Nuisance.

B. If these or similar conditions are found to exist, the director shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current codes, and may order the property vacated and secured as completely as possible pending such repair or other action. (Ord. 1531 § 1, 2002).

8.24.060 Nuisances.

A. In determining that a nuisance exists, the director will consider whether the conditions:

1. Offend the senses;

2. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

3. Render others insecure in life or use of property;

4. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

5. Violate any provision of this code, especially MMC Titles 8, 9, 15 and 17; or

6. Are unlawful or illegal.

B. If the director finds a nuisance to exist, they shall order it abated and may order the property otherwise secured pending abatement. (Ord. 1531 § 1, 2002).

8.24.070 Complaint.

If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard, boarded up, required to be boarded up, or upon a verified complaint of at least two citizens, a nuisance; he shall cause the owners to be served, either personally or by first class and certified mail with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded up building or that the premises is a nuisance, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he shall make 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 notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. Such complaint shall contain a notice that a hearing will be held before the director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Pierce or King County, and such filing of the complaint

or order shall have the force and effect of lis pendens. Those citizens filing the nuisance complaints shall have their names withheld from public disclosure if they request it at the time of filing the complaint. If the citizen requests that his or her name be withheld, the director, upon taking the complaint, shall certify that a complaint was received and shall specify the exact nature of the nuisance complaint in detail. (Ord. 1531 § 1, 2002).

8.24.075 Voluntary correction.

A. The director may secure voluntary correction by agreement with the owner.

B. The voluntary correction agreement is a contract between the city and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary agreement must include:

1. The name and address of the owner or person bound under the contract;

2. The street address and a legal description sufficient to identify the premises;

3. A description of the violation and a reference to the provisions of this code or other regulation that has been violated;

4. The corrective action to be taken, and a date and time by which the corrective action must be completed;

5. An agreement by the owner that the city of Milton may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;

6. A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;

7. The administrative costs to be paid and by whom;

8. Permission by the owner for the city to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and

9. An acknowledgement.

C. The director may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed. (Ord. 1531 § 1, 2002).

8.24.080 Hearings before the director.

A. Unless, prior to the time fixed for hearing in the complaint issued by the director, arrangements satisfactory to the director for the repair, demolition, vacation or re-occupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the director shall hold a hearing for the purpose of determining the immediate disposition of the building or premises. The hearing will be canceled if the director approves the completed corrective action at least 48 hours before the scheduled hearing.

B. The director shall conduct a hearing. The director or his designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The city shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable. If the owner fails to appear at the scheduled hearing, the director will enter an order finding that the violation occurred and assess the appropriate costs.

C. Within 10 days of the completion of the hearing the director shall issue an order to the owner that contains the following information:

1. The decision regarding the alleged violation including findings of fact and conclusions based thereon.

2. The required corrective action.

3. The date and time by which the correction must be completed.

4. The costs assessed.

5. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

6. The decision shall state that the owner has the right to appeal to the hearing examiner within 30 days and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the director, and to charge any expenses incurred thereby to the owner and assess them against the property.

D. The director shall mail by certified mail a copy of the order to the owner or occupant within 10 working days following the hearing.

E. If no appeal is filed, a copy of such order shall be filed with the auditor of Pierce or King County and shall be a final order. (Ord. 1531 § 1, 2002).

8.24.090 Hearings before the hearing examiner.

A. The purpose of the hearing examiner is to review the proceedings and orders of the director and to affirm, modify or vacate said orders.

B. Within 30 days from the date of service and posting of an order of the director, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the city clerk setting out the reasons he believes the findings or order of the director to be erroneous. The hearing examiner shall set a hearing not less than 10 nor more than 30 days from the date of said appeal or referral. Notice of the time and place of the hearing shall be made in accord with MMC 8.24.070. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the director, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety.

C. Upon the public hearing of the appeal, the hearing examiner shall consider the file of the proceedings before the director and such other evidence as may be presented. After the hearing, the hearing examiner may affirm, modify or vacate the order of the director, or may continue the matter for further deliberation or presentation of additional evidence. Normally, the hearing examiner will not accept new evidence or evidence not made available to the director in the absence of good cause. The hearing examiner’s review is on the record, not de novo. The determination of the director shall be accorded substantial weight. A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The hearing examiner shall cause his findings of fact and order to be made in writing; provided, the hearing examiner may adopt the findings and order of the director, or so much thereof as supports his decision. Such findings and order shall be served and posted in the same manner as an order of the director. In addition, such notice shall state that the owner has the right to petition the superior court of Pierce or King County for appropriate relief within 30 days after the order becomes final.

D. Any action taken by the hearing examiner shall be final 60 days after the filing of a notice of appeal unless continued with consent of the owner or occupant. In the event that the hearing examiner fails to reach a decision or continues the hearing beyond 60 days after the filing of an appeal, the director’s order and finding shall be that of the hearing examiner’s, and shall be final and subject to petition to the superior court; provided, any continuance at the request or with the consent of any owner or occupant shall suspend the running of the 60 days allowed for final decision, for the length of the continuance. (Ord. 1531 § 1, 2002).

8.24.100 Enforcement.

A. The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to be suitably filled and cleared as provided by MMC 8.24.040. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the hearing examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by MMC 8.24.040. The director shall let bids for any demolition in accordance with MMC 8.24.110.

B. If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the director may cause the action to be taken by the city.

C. If the director deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so order. If the owner is unable or unwilling to secure the building within 48 hours, the director may order the building secured by the city, at the expense of the owner.

D. If the owner is unable to comply with the director or hearing examiner’s order within the time required, and the time for appeals to the hearing examiner or petition to the court has passed, he may, for good and sufficient cause beyond his control, request in writing an extension of time. The director or the hearing examiner may grant a reasonable extension of time after a finding that the delay was beyond the control of the owners. There shall be no appeal or petition from the director or the hearing examiner’s ruling on an extension of time. (Ord. 1531 § 1, 2002).

8.24.110 Costs.

A.  1. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the city, shall be assessed against the real property upon which such costs were incurred unless said costs were previously paid. The director shall forward such costs to the city clerk-treasurer, who shall certify them to the county treasurer for assessment on the tax rolls.

2. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. The contract price fixed by acceptance of such a bid shall not be adjusted to reflect the actual salvage value. Such bids may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The director shall have the authority to sign the contract on behalf of the city.

3. There shall be charged against the owner and assessed against the property of any boarded up building an annual inspection fee of $500.00. Such fee shall be payable at the time the building becomes a boarded up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual fee has been exhausted.

B. Actual costs and expenses will be assessed in accord with the provisions of this section.

C. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner:

1. Where abatement is accomplished prior to director hearing:

a. Nuisance: $100.00;

b. Substandard building: $200.00;

c. Unfit building: $300.00;

provided, the director may waive these fees for a first offense if abatement is complete 48 hours prior to a director hearing; provided further, that where abatement is accomplished by voluntary agreement, the director shall charge at least $50.00 per month per acre or fractions thereof.

2. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing:

a. Nuisance: $500.00;

b. Substandard building: $1,000;

c. Unfit building: $1,500.

3. Where abatement is accomplished following breach of an agreement or understanding between a property owner and director or hearing examiner:

a. Nuisance: $1,000;

b. Substandard building: $2,000;

c. Unfit building: $3,000.

4. Where the abatement is accomplished by the city following hearing or default of the property owner:

a. Nuisance: $1,000;

b. Substandard building: $2,000;

c. Unfit building: $3,000.

5. For cases heard by the hearing examiner add $500.00.

6. For repeat violations, costs shall be doubled.

D. The director or hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In setting costs, they may reduce the costs to an owner who has acted in good faith. They may increase costs if it appears that the scheduled costs are inadequate to make the city whole with respect to a particular violation. (Ord. 1531 § 1, 2002).

8.24.120 Permit required.

Any work, including construction, repairs or alterations under this chapter to rehabilitate any building or structure, may require a permit in accord with other provisions of this code. (Ord. 1531 § 1, 2002).

8.24.130 Rules and regulations.

The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter and do substantial justice. (Ord. 1531 § 1, 2002).

8.24.140 Penalties.

It shall be unlawful and a violation of this chapter to knowingly:

A. Occupy or suffer to be occupied any building or premises ordered vacated;

B. Fail to comply with any order issued pursuant to this chapter; or

C. Obstruct any officer or agent of the city of Milton or other governmental unit in the enforcement of this chapter.

Violation of this chapter is a gross misdemeanor. (Ord. 1531 § 1, 2002).

8.24.150 Emergencies.

The provisions of this chapter shall not prevent the director or any other officer of the city of Milton or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 1531 § 1, 2002).