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SUBJECTS › LEGAL › NUISANCES › Building Nuisances
Updated 12/09

Building Nuisances

Building nuisances include buildings whose appearance detract from the neighborhood, such as buildings that are not maintained, vacant buildings, and buildings which present a safety issue, such as a fire damaged building or a building which remains partially built or torn down. Unsightly buildings are covered under the topic Unsightly Areas. Building code enforcement combined with a programmatic approach is being taken by some communities to eliminate deteriorated structures in neighborhoods which impact property values and attract criminal and drug trafficking activities.

Contents

Regulatory Options for Dangerous or Unfit Dwellings, Buildings and Structures

Washington cities and counties have several options for regulating abandoned, unfit, and/or dangerous buildings, dwellings and structures. These include adoption of specialized building or housing codes published by the International Conference of Building Officials and/or adoption of local nuisance provisions under various state laws

Statutes

  • Chapter 35.80 RCW - Unfit Dwellings, Buildings and Structures - Authorizes cities and counties to adopt ordinances to regulate and abate unfit dwellings, buildings and structures. Under this statute, cities and counties can establish an improvement board or officer with powers to investigate potentially dangerous or unfit buildings. If a building is found to be unfit for human habitation or other use after investigation, notice and a public hearing, the board or officer may order the owner to repair, vacate or demolish the building, subject to certain appeal rights.
  • Chapter 35.80A RCW - Condemnation of Blighted Property - Relates to procedures for the condemnation of certain "blighted property." Under this statute, cities and counties may acquire by condemnation buildings that meet any two of the following three conditions: (1) If a dwelling has not been occupied for a period of one year; (2) If the property constitutes a threat to the public health, safety or welfare as determined by the executive authority of the city or his designee; and (3) If the dwelling has been associated with illegal drug activity in the last year.

Specialized Codes - Building Codes

  • International Building Code, published by the  International Code Council,  and adopted as part of the Washington State Building Code, provides general authority for cities and counties to regulate and abate dangerous buildings.   
Section 115 Unsafe Structures and Equipment 115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal  or improper occupancy or inadequate maintenance, shall  be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
  • Uniform Code for the Abatement of Dangerous Buildings (1997), published by the  International Code Council, is compatible with the International Building Code, applies to all types of buildings and structures. It provides legal steps to abate dilapidated, defective buildings which endanger life, health, property and public safety.
  • Uniform Housing Code (1997), also published by the International Code Council, is comparable to the Uniform Dangerous Building Code, but is applicable only to dwellings. It contains minimum health, and safety standards by regulating the use and occupancy, location and maintenance of all residential buildings within the jurisdiction.
  • International Property Maintenance Code  published by the International Code Council,addresses maintenance requirements for the interior and exterior of structures, and space requirements for determining maximum occupancy. The IPMC also contains requirements for heating and plumbing in existing workplaces, hotels and residential occupancies, and minimum light and ventilation criteria

The uniform codes may be adopted together through passage of one ordinance, or adopted individually by separate ordinances. Sample provisions adopting these codes appear below

Unfit or Dangerous Buildings - Sample Code Provisions

  • Blaine Municipal Code Chapter 8.14 - Unfit, Improperly Maintained or Substandard Structures or Premises
  • Cheney Municipal Code Chapter 19.16 - Unfit Structures
  • Milton Municipal Code Chapter 8.24 - Dangerous Buildings 
  • Olympia Municipal Code Chapter 16.10 - Unsafe and Unfit Buildings, Structures, and Premises
  • Sultan Municipal Code Chapter 15.25 - Substandard and Dangerous Conditions/residential Tenancies
  • Seattle Municipal Code Chapter 22.208 - Buildings Unfit for Human Habitation or Other Use
  • Sumner Municipal Code Chapter 15.14 - Unfit Dwellings, Buildings and Structures

Unsightly, Damaged, or Partial Buildings - Sample Provisions

  • Kennewick Municipal Code Chapter 9.44 (Adobe Acrobat Document 99 KB) - Environmental Conservation Code
  • Lynnwood Municipal Code Chapter 16.08  - Regulation & Abatement of Unsafe & Unsanitary Structures & Premises
  • Moxee Municipal Code Section 8.05.020 Nuisances designated.... 13. The existence of any abandoned dwelling foundation, concrete slab, or like materials left on any premises. (Ord. 503 §3, 1993)
  • Tacoma Municipal Code Section 8.30.040 (Adobe Acrobat Document 686 KB) - Nuisances specifically defined ... F. Any unsightly, abandoned, or deteriorated building or structure; or any building or structure constructed with inappropriate materials, or improperly fastened together or anchored against the forces of nature. G. Any building or structure where construction was commenced and the building or structure was left unfinished...
  • Spokane Municipal Code Chapter 17F.070 - Existing Building and Conservation Code

Problems with Rental Property

Vacant Buildings - Sample Code Provisions

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