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A. Section 205.1 of the State Code for the Abatement of Dangerous Buildings is replaced with the following new subsection:

205.1. All references in this Code to the Board of Appeals shall be deemed to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 501 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.

B. Section 701.2 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:

Failure to Obey Order. If, after any order of the building official or board of appeals made pursuant to this code has become final, the person to whom such order is directed, shall fail, neglect or refuse to obey such order, the building official may (i) cause such person to be prosecuted under Section 701.1 or (ii) institute any appropriate action to abate such building as a public nuisance. For purposes of enforcement under (B)(ii) of this section, the abatement provisions of either RCW Chapter 7.48 or RCW Chapter 35.80 may be employed by the city. Any costs incurred by the city in such abatement shall become a lien against the property where the building is located as provided in RCW 35A.60.010.

C. Section 1104 of the Uniform Code for the Abatement of Dangerous Buildings is amended to provide:

Section 1104 – Notice to Vacate

1104.1 Posting. Every notice to vacate shall, in addition to being served as provided in Section 1101.3, be posted at or upon each exit of the building, and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is unlawful to occupy this building, or to remove or deface this notice. Any person occupying this building shall be guilty of trespass. Defacing or removing this notice is malicious mischief.

This notice is issued by the order of the City of Moses Lake Building Official

_________________ Date _________________

City Of Moses Lake Official Posting

Violation of this posting is a crime

Call Local law enforcement or contact 766-9235

1104.2 Compliance. Whenever such notice is posted, the building official shall include a notification thereof in the notice and order issued under Section 1101.2, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. Any person violating this subsection by remaining in or entering a building shall be guilty of trespass under state law. Any person violating this subsection by removing or defacing such a notice shall be guilty of malicious mischief under state law.

D. Section 203.1 of the State Housing Code is replaced with the following new subsection:

203.1. All references in this Code to the Housing Advisory and Appeals Board shall be deemed to refer to the Hearing Examiner of the City of Moses Lake. The Hearing Examiner shall perform the function of the Board of Appeals. Any request for an appeal shall be accompanied by the required fees for the Hearing Examiner as established in other ordinances of the city. Appeals to the Hearing Examiner shall be processed in accordance with the provisions contained in Section 1201 of this Code. The Hearing Examiner may adopt rules of procedure for conducting his business. Such rules of procedure shall be available to the public upon request. All decisions shall be in writing and shall be delivered to the appellant as well as to the city.

(Ord. 3025, 5/23/23; Ord. 2531, 10/13/09; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04; Ord. 2073, 7/23/02)