(1) If the owner, following exhaustion of his or her rights of appeal, fails to comply with the final order to repair, alter, improve, vacate, close, remove or demolish the unfit building, or to take other required action, the building official may direct or cause such unfit building to be repaired, altered, improved, vacated, and closed, removed, or demolished, and to take such further steps as may be reasonable and necessary to prevent access to the unfit building, for public health or safety reasons, pending abatement. The building official, with the assistance of the city attorney, may apply to the superior court for any legal or equitable remedy to enforce his or her order.

(2) The amount of the cost of the abatement of the unfit building for such repairs, alterations, or improvements; or vacating and closing; or removal or demolition by the building official, shall be assessed against the real property upon which such cost was incurred unless such amount has been paid previously, and such cost shall be certified by the city finance director to the county treasurer as an amount due and owing to the city, pursuant to RCW 35.80.030, to be entered by the county treasurer as an assessment upon the tax rolls against the property for the current year and to become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as is provided in RCW 84.56.020 as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the city’s general fund.

(3) If the unfit building is removed or demolished by the building official, the officer shall, if possible, sell the materials of the unfit building in the usual manner prescribed by city ordinance for selling surplus property. If there is no other established procedure, the building official shall sell the materials at public auction pursuant to notice published in the city’s official newspaper or at least 10 days prior to the auction. The proceeds of the sale shall be credited against the cost of the removal or demolition, and if there is any balance remaining, it shall be paid to the parties entitled thereto, as determined by the building official, after deducting costs incident to the sale.

(4) As provided in RCW 35.80.030, the assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes.

(5) Whenever a building or structure is found to be unsafe or unfit and the cost of demolition or other abatement must be incurred by the city, there shall be charged against the property the costs of all administrative proceedings before the building official and the hearing examiner including, but not limited to, salaries, wages, benefits, material, equipment rental, and other expenses incurred for inspecting, conducting hearings, or otherwise determining the status of the property.

(6) The building official 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 cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the hearing examiner. (Ord. 594 § 1, 2022)