15.50.040 Conditions and standards for demolition, repair or vacation and closure.
A. Whenever the building official determines, pursuant to Section 15.50.030 of this Code, that all or any portion of a building or premises is unfit for human habitation or other use, the building official shall order that the unfit building or premises or portion thereof be:
1. Repaired, or demolished and removed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use exceeds fifty percent (50%) of the replacement value of a building or structure of similar size, design, type and quality, provided that the building official may order a building or structure, for which the estimated cost of such repairs do not exceed fifty percent (50%) of such replacement value, to be repaired, or demolished and removed, if the degree of structural deterioration is as described in 15.50.030(1) – (6), (8), (22), (23), and the owner has failed three (3) or more times in the last five (5) years to correct the conditions by compliance dates as ordered by the building official;
2. Repaired, and/or vacated and closed, if the estimated cost of repairing the conditions causing the building or structure to be unsafe or unfit for human habitation or other use does not exceed fifty percent (50%) of the replacement value of a building or structure of similar size, design, type and quality; or
3. Corrected or improved as specified in the Order of the building official as to the conditions that caused the premises other than buildings and structures to be unfit.
Nothing in this section shall limit the authority of the City to condemn and resell property pursuant to RCW 35.80A (Condemnation of Blighted Property).
B. In estimating the replacement value of an unfit building or structure, the building official shall use the Square Foot Cost Estimating Method set forth in the "Residential Cost Handbook," Marshall and Swift, latest available edition, or a cost estimating publication that the building official deems comparable.
C. In estimating the cost of repairs, the building official shall apply the following standards:
1. Only the conditions causing the building, structure or portion thereof to be unfit for human habitation or other use shall be included in the cost estimate;
2. All repair costs shall be based on estimates calculated from the Marshall and Swift’s “Residential Cost Handbook” latest available edition, or a cost estimating publication that the building official deems comparable;
3. Repair estimates shall assume that all work will comply with the requirements of the current Building, Mechanical, Electrical, Plumbing, Energy, and Fire Codes in effect in the City of Aberdeen;
4. If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the building official shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
5. Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure, unless different materials are required by current Building, Mechanical, Electrical, Plumbing, Energy, and Fire Codes. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials identified under the applicable building quality classification in the Square Foot Cost Estimating Method in the "Residential Cost Handbook" by Marshall and Swift.
D. If the building official finds that any of the following conditions exist, the building official shall order that such conditions be eliminated and that the building be closed within a time specified:
1. The condition or conditions which cause the building or premises to be unsafe or unfit for human habitation create a hazard to the public health, safety, or welfare that would exist even if the building were vacated and closed to entry; or
2. Building appendages, as defined in the Uniform Building Code, are in a deteriorated condition or are otherwise unable to sustain the design loads specified; or
3. Part of the building or premises or equipment intended to assist in extinguishing a fire, to prevent the origin or spread of fire, or to safeguard life or property from fire is in an unsafe or unusable condition.