Mill Creek City Zoning Code
CHAPTER 17
24 MAINTENANCE AND ALTERATIONS OF STRUCTURES AND LANDSCAPING
(Legislative history: Ord. 86-146)
§ 17.24.010 Purpose.
The purpose of this chapter is to promote and protect the health, safety and welfare of the city and its citizens by preventing visual blight. This chapter is applicable to all land uses for the purpose of providing and maintaining pleasant environments, stabilizing and improving property values, and fostering civic pride.
(Ord. 2005-609 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2010-710 § 1 (Exh. A))
§ 17.24.020 Alterations.
All additions to, alterations or renovations of existing buildings, or any maintenance project significantly affecting the exterior appearance of existing buildings, shall be subject to a review and approval process no less stringent than followed in approving the original use. Any landscape changes to LID features such as bioretention facilities or rain gardens shall be subject to city review and approval.
(Ord. 2005-609 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2010-710 § 1 (Exh. A); Ord. 2017-814 § 2)
§ 17.24.030 Maintenance.
A.
All buildings and other structures shall be maintained by the property owner in good repair with respect to exterior appearance and landscaping.
B.
All landscaped and open space areas and LID landscape features on or adjacent to the property, excluding public sidewalks and public rights-of-way subject to Chapter 12.06 MCMC, shall be maintained by the property owner, and shall be:
1.
Kept free of litter, debris, invasive vegetation/weeds and obstructions.
2.
Maintained in a clean, neat and orderly fashion.
3.
Maintained consistent with design review board and other approved landscape plans if applicable.
4.
Kept free of junk vehicles.
5.
Maintained so that all deposited materials in garbage and recycle containers are wholly contained within the structure as required by MCMC § 17.22.070. No litter or recyclable material shall be allowed to accumulate outside said containers. Containers shall be kept clean, free of odors and pests, shall not constitute a public nuisance and shall be maintained to meet the conditions of the design review board and/or other conditions of approval.
C.
In the event that a property owner fails to comply with the requirements of this section, the city may, at its discretion, take action to correct the problem and recover the costs of doing so using the following procedures:
1.
Written notice shall be given to the property owner describing the property involved and the condition to be remedied, requiring him/her within a reasonable time but not less than five days to take such action as may be necessary or as may be specified to correct the condition, and advising that failure to do so will result in adoption of a resolution by the city council requiring immediate correction of the condition.
2.
If the condition described in the notice is not corrected within the time limit set by the notice, the city council may adopt a resolution containing the same material provisions as set forth in the notice and may require immediate correction of the condition. If the condition described in the resolution is not corrected within the time limit set by the resolution, the city may take any action required or necessary to correct the condition.
3.
If the city takes any corrective action listed above, all costs of such action shall be charged to the property owner identified in the resolution and shall become a lien against his/her property which may be enforced and foreclosed in the same manner as liens for labor and material. Costs shall include but not be limited to: labor and material for performance of the work and any repair, administrative and supervisory time, attorneys’ fees and costs, and disposal fees. If costs are not paid in full within 45 days of billing, a penalty of one percent per month shall be added to the outstanding balance until fully paid.
(Ord. 2005-609 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2010-710 § 1 (Exh. A); Ord. 2010-717 § 2 (Exh. B); Ord. 2017-814 § 2; Ord. 2019-846 § 6)
§ 17.24.040 Investigation and compliance.
If the city has reasonable doubt that a business or use is, or can be, conducted within the limits of the above performance standards, it may require that the property owner and/or site operator retain, at his expense, an independent, qualified testing laboratory or expert, acceptable to the city, to make an analysis of the use to determine its compliance with the standards and make the results of such analysis available to the city. If the property owner and/or site operator does not provide the required analysis within 30 days of the request, the city shall initiate such investigation and bill all expenses thereof to the property owner and/or site operator.
(Ord. 2005-609 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2010-710 § 1 (Exh. A))
§ 17.24.050 Enforcement.
In the event the city determines or the analysis indicates existing or impending noncompliance with these standards, the city shall require the property owner and/or site operator to either institute remedial measures to bring the use into compliance or to cease operation. The city may at its discretion use the procedure described in MCMC § 17.24.030(C)(3) to recover its enforcement or remediation costs.
(Ord. 2005-609 § 2; Ord. 2009-702 § 2 (Exh. C); Ord. 2010-710 § 1 (Exh. A))
