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Cooperative Code Compliance in Federal Way
Federal Way
83,890
Martin Nordby, CCEO
Code Compliance Officer
253-661-4121
Cooperative Code Compliance in Federal Way
Why was Cooperative Code Compliance needed?
Preservation of housing through enforcement and compliance with housing and building
standards is a significant responsibility in any jurisdiction. But when the magnitude of
violations exceeds the resources available to address them, then additional help is
necessary. This summary describes just such a case, an incident which brought together
varying agencies, both public and private, to ensure not only compliance with the law but
the safety and welfare of the affected residents.
In this case, the initial City of Federal Way code compliance action came in response to a
number of health and safety complaints lodged by tenants at the 80-unit Villa Del Mar
apartments. Complaints included inordinate mold and mildew, serious plumbing leaks
and water damage, failing hot water heaters, pest infestation, and generally poor
maintenance. The City received more than a dozen housing code violation complaints
from residents of this complex in less than a year. The owner had responded to previous
enforcement efforts by leaving units vacant rather than repairing them. As the number of
complaints rose, investigation revealed further violations.
In one instance, following a complaint about the lack of garbage service at the complex, a
City compliance officer conducted a visit to the site, where refuse collection trucks were
found just starting to remove two-tothree-week old household waste that had been
accumulating around three dumpster areas. Rodents were in evidence, as well, in and
around the dumpsters and apartment units. The compliance officer contacted th site
manager and conducted a series of follow-up inspections in subsequent weeks.
Nonetheless, garbage service remained sporadic. The City then issued the property owner
a Notice of Violation-Order to Correct Violation (Notice and Order) citing breaches of
the Uniform housing Code (UHC) relation to sanitation, life safety and property
maintenance. The Notice and Order carries with it potential, civil monetary penalties of
$100 per day. Penalties begin accruing if violations are not corrected within two weeks.
City management approved eviction action if conditions deteriorated further, and the
property owner was notified of the possible consequences of failing to fully restore
garbage service: the City would order the complex vacated as unsafe and unsanitary.
Again, garbage began accumulating around the dumpsters, which had as much waste
outside them as inside them. A week later, the owner informed the City that payment
arrangements had been made with the refuse company. Despite the restoration of garbage
service, other violations reamained uncorrected; civil penalties reached more than $6,500;
and the owner remained recalcitrant. Meanwhile, tenants continued to complain of
inoperative plumbing, rotting floors and leaking roofs.
As enforcement efforts continued, the fire alarm system at the complex failed, sparking
concern from the Federal Way Fire Department about the property’s potential as an arson
target. During an examination of the alarm system by a fire inspector and a code
compliance officer, all four alarm-control stations at the apartment complex shut down
and all battery back-up systems failed. Further investigations revealed that the common
power for the complex had bee shut off for non-payment, leaving several exterior lights,
the laundry room and the fire alarm system without electricity. Fire safety concerns now
forced the City to order the complex vacated if the system where not up and running
properly by then. All tenants received written notice of this possibility. The owner
subsequently paid the outstanding power bill, and the next day, power was restored. A
few days later, however, the fire alarm system again failed due to the loss of power.
Investigation revealed that the breaker panel for the complex’s common power was not
secured against tampering.
Involve community resources prior to notifying tenants of an eviction action.
How Cooperative Code Compliance Works.
With the assistance of the City’s Volunteer and Neighborhood Program Coordinator,
A meeting was scheduled at a nearby middle school to inform tenants of the likelihood
they might be required to move out. Notice of the meeting was posted at the entry
stairwell to each apartment building. After the initial failure of the alarm system and prior
to the tenants’s meeting, a number of social service agencies were contacted which were
capable of providing financial, housing relocation or legal assistance in the event of an
eviction. A list of these agencies and other resources was then compiled.
Organize a meeting between tenants, City representatives and community resource
representatives.
Approximately 50 apartment complex residents attended the meeting, where they and
representatives of the social service agencies previously contacted heard details of the
specific code violations at Villa Del Mar and of the City’s efforts to gain compliance.
Each tenant in attendance received a list of agency resources and emergency shelters in
the surrounding area and had an opportunity to speak with community resource
representatives.
Eviction action must include adequate lead-time to allow tenants an opportunity to avail
themselves of support resources.
During the intial planning of the tenant meeting the City was still unsure about the
necessity of eviction, however, a third failure of the fire alarm, immediately prior to the
meeting, forced the issue; the complex was to be vacated.
The City informed the tenants of the decision and, two days after the meeting, either hand
delivered a formal notice to each apartment resident or posted one on their door. Before
the meetin, and in conference with Cithy management and social service resources, code
compliance staff set a deadline for all tenants to be moved within one month from the
date the Order to Vacate was issued. Once the formal Order to Vacate was prepared,
aprocess server was hired to personally deliver it, along with a cover letter, to the owner.
Only full and complete compliance could rescind the order.
Involve the local and regional media to engage the community in the broader issue of
inadequate housing standards.
Though the media already was, to some extent, aware of this issue due to similar events
in a neighboring community, the City made direct contact with local newspapers, radio
and television news organizations in an effort to increaase public awareness of the human
impact of these events. The assistance of news organizations was invaluable in generating
community support for tenants who were required to relocate. On the Friday following
the tenant meeting, television news crews and reporters followed the Federal Way code
compliance officer and a code compliance intern as each tenant was contacted for each
apartment posted. Tenants again received the list of community resources. In addition,
the Federal Way Corps of the Salvation Army was on hand to provide essential social
service support and information and to reassure tenants that the corps was available to
assist with relocation for those who needed it. The following week the City received
dozens of phone calls from tenants and from more media outlets. Before the month was
out, Villa Del Mar had new owners and property managers; repairs were underway once
the principles and City representatives had discussed the most pressing needs; and nearly
all those forced to move had found housing in the Federal Way area. Those most
affected-the dislocated tenants-expressed their gratitude for the City’s effort to resolve
the problems, keep them informed, provide a vital link to community resources and
arrange relocation lead-time.
What are the Costs?
While some costs associated with this incident are no different than those ordinarily
incurred in enforcement actions, other costs were extraordinary and unique to this
situation. Chief among these was the cost of time to create, sustain and foster a
cooperative working relationship with outside governmental and non-governmental
agencies. Other agencies, such as the Salvation Army, incurred direct costs as they
provide, for example, relocation assistance. A collection agency is continuing efforts to
recover civil penalties from the former owner of Villa Del Mar to help defray the
expenses of affected community resource groups.
Strong internal communication among City departments, as well as viable relationships
with private organizations, other jurisdictions and other government agencies are key
components of successful resolution in major code enforcement actions. These inter-
relationships enhance the City’s capability to satisfactorily resolve projects, such as this
one, which affect large numbers of people.
Cooperation with the City departments of Public Safety, Law and Public Works, the
Federal Way Fire Department (King County Fire District # 39) and the Seattle-king
County Department of Public health were essential. In addition, professional relationships
established with a neighboring jurisdiction facilitated the exchange of information about
their experiences with code compliance efforts involving similar issues or property
owners. Private agencies, such as the Salvation Army, provided essential financial as well
as social service support. Quasi-public agencies, such as Columbia Legal Services (legal
aid) and the Northwest Justice Project, contributed significantly by educating tenants
about their legal rights and responsibilities.
How Cooperative Code Compliance Benefits the City/Community.
First, partnerships between public and private agencies are essential in an ever-tightening
fiscal environment. Second, the ability to act in concert with and engage resources from
other departments is imperative when problems demand larger solutions than one agency
or City department acting alone can offer. Third, as a consequence of these joint efforts,
we are able to minimize the financial and emotional burdens imposed on citizens
unwittingly caught in the enforcement action. Fourth, the success of large operations such
as this strengthens the relationship between government agencies and the community
they serve. And finally, the ability for cooperative action wil enhance the likehood of
successful, future collaboration among agencies offering the kinds of viewpoints,
diciplines and resources necessary to address problems of this magnitude.