The Council Had To Condemn The Building As Unsafe

[Denisha Simcoe]

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Note: there are different applications & requirements for residential or commercial properties.

Emergency Demolition Orders are issued when, in the opinion of the Building Official, conditions of a building, structure, or any part of a structure are found to be structurally unsound, unsafe, dangerous, imminent danger and/or poses an actual and immediate threat to the health, safety and welfare of the public. Examples may include but are not limited to. leaning, bowing and/or missing walls, or a building collapsed into basement leaving a void.

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The Department of Permits, Licenses and Inspections routinely inspects structures to assess building integrity. When a structure has been declared a public safety hazard, PLI will condemn the building. A building may be condemned for a number of reasons including:

A building lacks basic facilities when it does not have water, hot water, electricity, heating, sewage disposal systems, garbage storage systems and more. When the existing systems are unsafe, or when the utilities have been shut off for any reason, the building is also considered to be lacking basic facilities. Basic facilities in residential properties are described in code and may be found here.

The City posts a sign or placard on a condemned building, stating which City department condemned it, the date it must vacated, an order for it to remain vacant until the violations are corrected, and the penalties for removing or defacing the placard.

The owner of a condemned building keeps title and responsibility for the building. The status is not the same as a unit of government taking title to a building under eminent domain and compensating the owner.

The Lake Charles City Council has issued condemnation and demolition orders on 174 unsafe, unsecured structures from January 2021 through April 2024. The decision to condemn and demolish structures is not one made lightly, according to Luvertha August, Council District B.

City Property Standards Supervisor Paula Broussard said burned structures might be demolished sooner than other properties, as they pose a hazard. She also stressed that her department does not condemn properties. Only the City Council is allowed to vote on condemnations. Property owners with minor issues appear in front of a hearing officer, not the City Council, Broussard said.

Every case is different. However, most go through the following: Finding the owners as listed on the tax assessors records. Sometimes a curator must be hired to find heirs or property owners, a challenge when the original owner died generations ago with a succession.

Properties in violation of the City of Huntsville Nuisance Codes for grass and weeds, junk and litter, or housing code violations are cited by Community Development to correct the problem. If owners either fail or refuse to voluntarily comply, the City will abate the nuisance and place a lien against the property. This action requires City Council approval. Nuisance liens are posted on the City Council agendas.

View active reports of unsafe buildings within the City of Huntsville. The information on this site has been made available for law enforcement and official purposes only. Please do not print, copy, re-transmit, disseminate, or otherwise use this information for reasons other than official business.

The Community Development Department enforces City ordinances by issuing notices which are related to unsafe buildings, substandard housing, junk and litter, tall grass and weeds, overweight truck parking, inoperative motor vehicles on right of way, and the abatement of public nuisances. This site contains a list of all active unsafe buildings within the City of Huntsville. The information on this site has been made available for law enforcement and official purposes only. Please do not print, copy, retransmit, disseminate or otherwise use this information for reasons other than official business.

This page provides an overview of building and property nuisances for local governments in Washington State, including regulatory authority and examples of local codes related to unfit/dangerous buildings, outdoor storage, vacant buildings, attractive nuisances, graffiti, and other similar topics.

Building nuisances can include structures whose appearance detracts from the neighborhood (such as properties that are not properly maintained, structures covered with graffiti, or vacant buildings), as well as properties that present safety issues (such as fire-damaged buildings or structures that remain partially built or partially demolished).

Building code enforcement is usually a combination of complaint-based enforcement along with a programmatic approach designed to eliminate deteriorated structures. This combined approach can help reduce nuisances that impact nearby property values and attract criminal and drug trafficking activities.

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

The failure to maintain property directly impacts property values of adjacent properties and, in the worst case, can create an area that attracts criminal activities. To protect a neighborhood from deterioration, a number of local governments have established property maintenance standards.

There is a limit, however, on how far a jurisdiction may go in regulating unsightly areas on private property. Washington court cases, such as Lenci v. City of Seattle (1964), Polygon Corp. V. City of Seattle (1978), and Duckworth v. City of Bonney Lake (1978), indicate that municipal regulations may be based in part on aesthetic considerations. However, these cases suggest that there must also be public health, safety, or welfare issues present in order to justify a municipal regulation under the police power.

Some cities wrap a general nuisance ordinance in language that addresses property standards. The premise is that failure to provide minimum maintenance creates unsanitary and unsafe conditions, negatively impacts the aesthetic value of the community, and reduces property values.

To provide for more objective standards, many cities and counties adopt the International Property Maintenance Code. This code provides requirements intended to maintain a minimum level of safety, sanitation, and appearance of structures and exterior property areas.

Local governments considering property standards need to work with legal counsel to make sure that the necessary procedural requirements are included in any public nuisance or property maintenance ordinances and that staff responsible for enforcement receive training.

Provisions related to outdoor storage of items on properties vary in terms of duration and purpose, as well as whether or not the items stored are in public view. Similar provisions appear in both urban and rural settings.

Most county and city codes include provisions that deal with "attractive nuisances" in their list of designated nuisances. This particular provision is intended to protect children from injury and death by removing conditions that appeal to them. The most frequently cited example is abandoned refrigerators (see chapter 9.03 RCW), but other examples include vacant properties, building sites that are not properly secured, and accumulated junk.

The first Washington case in which the attractive nuisance doctrine was involved was Ilwaco Ry. & Nav. Co. v. Hedrick (1890). A lawsuit was filed against a railway company for the death of a child, caused by negligence of the company in leaving a turntable unfastened. The plaintiff in that case was able to show that the railroad knew children were in the habit of playing on the machine and that the method of securing it had proved insufficient in the past.

The Washington Supreme Court slowly evolved the limits of the attractive nuisance doctrine and in the case Schock v. Ringling Bros. (1940), the court listed five elements that must be present to make the "attractive nuisance" doctrine applicable to a given case:

Graffiti on public and private property continues to be a problem in many jurisdictions. The following list of programs and ordinance examples from Washington State reflects the variety of approaches that jurisdictions have taken to control or regulate graffiti. Sample ordinance provisions include those that prohibit the sale and possession of aerosol paint and markers to minors, and those that require removal of graffiti within a specified time period. The latter may include removal by the perpetrator if known, or the property owner. Some of the provisions provide detailed notice and hearing procedures.

Because the property owners are also the victims of graffiti, many jurisdictions have programs that assist those owners in removing that graffiti. Some of these programs connect property owners with volunteer groups to help with removal; others provide vouchers for paint or other removal tools.

Disclaimer: MRSC is a statewide resource that provides general legal, finance, and policy guidance to support local government entities in Washington State pursuant to chapter 43.110 RCW. MRSC website content is for informational purposes only and is not intended as legal advice, nor as a substitute for the legal advice of an attorney. You should contact your own legal counsel if you have a question regarding your legal rights or any other legal issue.

Council has a responsibility to the community to ensure the built environment is safe for use and/or occupation. This includes investigating unsafe or illegal buildings and issuing the appropriate Notice or Order to resolve the issues.

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