Seattle Department Of Construction Sdci 604 Code Compliance
TipsdciSeattle Department of Constructionand Inspections604Code Compliance— guidelines on Seattle regulations governing safety and quality of lifeSeattle Laws on PropertyOwner and Tenant Rightsand ResponsibilitiesUpdated December 4, 2020The Seattle Department of Construction and Inspections(SDCI) administers and enforces Seattle’s Housing andBuilding Maintenance Code (SMC Sections 22.200 22.208) and several other city ordinances affecting landlords and tenants. Members of SDCI’s Code Compliancestaff are available to assist tenants and owners in understanding City code requirements.This Tip is a general guide to the rights and responsibilitiesof Seattle tenants and rental property owners under citylaws. For specific information on the Housing and Building Maintenance Code (HBMC) or Rental Registration andInspection Ordinance (RRIO) contact:Seattle Department of Construction and InspectionsCode ComplianceRenting in Seattle helpline: (206) 684-5700Location:Mailing Address:19th Floor, Seattle Municipal Tower700 Fifth Ave., Suite 2000P.O. Box 34019Seattle, WA 98124-4019 Provide for control of insects, rodents and other pests Maintain all structural components (roof, walls andfoundation) and keep the unit weathertight Maintain all electrical, plumbing, heating and otherequipment and appliances supplied by the owner Provide adequate containers for garbage When responsible for heating rental units, maintaindaytime (7:00 a.m. to 10:30 p.m.) temperatures atno less than 68 degrees Fahrenheit and nighttimetemperatures at no less than 58 degrees Fahrenheitfrom September through June Change lock mechanism and keys in non-transientaccommodations upon change of tenancies, and provide unit and building entrance door keys to tenants Install smoke alarms in every sleeping room and inhallways outside sleeping rooms. Instruct tenants ontheir operation and maintenance. Install carbon monoxide alarms outside sleepingrooms and on every level of the dwelling unit, andinside any sleeping room that contains a fuel-burningappliance or fireplace.Owners are not responsible for cosmetic repairs such asnew carpeting and a fresh coat of paint after each tenancy.Code compliance staff can answer questions about whetheran apartment owner is responsible for a particular repair.Call the Renting in Seattle helpline at (206) 684-5700 formore information.The Washington State Residential Landlord/TenantAct (Chapter 59.18 RCW) also establishes rights andresponsibilities for tenants and landlords. For furtherinformation about state law, contact one of the organizations listed at the end of this publication or go to http://apps.leg.wa.gov/RCW/default.aspx?cite 59.18.Under RRIO, property owners in Seattle must providesafe housing that meets basic requirements as determined by the RRIO Checklist and:What the City requires of rental property owners Starting in 2015, pass a RRIO inspection at leastonce every ten years (see Tip 620, Registering YourRental Property)Under the HBMC, building owners in Seattle have anobligation to provide safe, clean, secure living conditions. Generally, owners have the responsibility to: Keep the premises fit for human habitation and keepany common areas reasonably clean and safe Register properties that are rented for residential useevery five years (see Tip 620, Registering Your RentalProperty)Definition of TenantWith the exception of the Tenant Relocation AssistanceOrdinance, a tenant is defined as a person occupying orwww.seattle.gov/sdci700 5th Avenue, Suite 2000P.O. Box 34019Seattle, WA 98124-4019(206) 684-8600Printed on totally chlorine-free paper made with 100% post-consumer fiber
SDCI Tip #604—Seattle Laws on Property Owner and Tenant Rights and Responsibilitiesholding possession of a building or premises pursuant toa rental agreement. This includes residents of transientlodging who remain in residence for 30 days or longer.A rental agreement may be oral or in writing.Obligations of tenantsTenants must meet an owner’s reasonable expectations tomaintain rental housing in a safe, clean manner, normal wearand tear excepted. Tenant responsibilities include: Proper disposal of garbage Care in use of electrical and plumbing fixtures Prompt repair of any damages caused by tenants ortheir guests The granting of reasonable access to the owner formaintenance, repair and pest control; as well asaccess to an inspector to complete a RRIO inspection Maintaining smoke detectors in good working order Refraining from storing hazardous materials onthe premisesAvailable remedies if repairs are neededTenants may take the following action if repairs are needed:1. Contact the owner. A telephone call or letter is usuallythe way most tenants and owners resolve any problems. In most cases this will resolve the problem, but awritten request for repairs is often required by law beforetenants can exercise any other remedy. Remember tokeep copies of all correspondence.2. Report the problem to SDCI. If the owner ormanager does not make the repair in a reasonabletime, you may schedule an inspection by SDCI. Ifthe condition is in violation of the HBMC or RRIOand the owner fails to fix the violation, theinspector will require the owner take correctiveaction. See the next section for more details.3. Use other remedies available, including selfhelp repair, mediation, placing rent in escrow,and finally, moving out. The Washington StateResidential Landlord/Tenant Act (Chapter 59.18RCW) has limited remedies for tenants in situationswhere building owners fail to make code-requiredrepairs within a reasonable time of being notified ofthe need. You must be current in your rent and utilities to exercise these options. These remedies mayinvolve some form of rent withholding or reduction.As a general rule, however, simply withholding rentis not a suitable remedy; in fact, a tenant may beevicted for failure to pay rent. State law has specificpage 2rules about making deductions from rent or payingrent into an escrow account. For information on thissubject, contact one of the assistance groups listedat the end of this publication.Reporting a problem to SDCITenants may report the problem to SDCI if the owner ormanager does not make a repair in a reasonable time.Write, call or go in person to SDCI Code Compliance,located on the 19th floor of Seattle Municipal Tower at700 Fifth Ave., in downtown Seattle, (206) 684-5700. Call SDCI to report the problem if a property owner ormanager does not respond to repair requests and acomplaint seems to be the only alternative remaining.Your name will be kept confidential if you so request. Specify everything needing inspection and give theaddress of the building including the unit number. Itis important to note if the tenant has also receiveda notice to terminate tenancy or notice to increasehousing costs. SDCI will expedite these requests. Include a telephone number when asking SDCI for assistance so the department can call to arrange a timefor an inspection. The person requesting assistanceshould be present during the inspection. If the inspector finds violations, the inspector willprepare a notice showing when the repairs must bemade, notify the responsible party of the violation,and post the notice on the premises. The time for compliance is generally 30 to 60 days,depending upon the nature of the violations and anyextensions the owner may receive. If the owner does not make the required repairs,SDCI will follow up through court action to attempt toattain compliance.Seattle’s Just Cause Eviction OrdinanceThe Just Cause Eviction Ordinance is part of Seattle’sHBMC. The intent of the ordinance is to provide clearstandards for both tenants and rental property ownersregarding the circumstances under which a month-tomonth tenancy may be terminated and eviction canoccur. The HBMC specifies the only reasons for whicha tenancy can be terminated. It requires owners to listthe reasons for ending the tenancy when sending awritten termination notice. For more information, see Tip604A, Seattle Laws Regarding Building Maintenanceand Repair.The following definitions are important to distinguishingbetween an eviction and a termination of tenancy:LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliancewith all code and rule requirements, whether or not described in this Tip.
SDCI Tip #604—Seattle Laws on Property Owner and Tenant Rights and ResponsibilitiesEviction: The end result of a formal legal action in civilcourt that requires a tenant to move pursuant to a legallyissued written notice.Termination of Tenancy: A written notice given by a landlord to a tenant requiring the tenant to move listing at leastone reason specified in the Just Cause Eviction Ordinance.Note: If a tenant refuses to move, only a court canforce the tenant to leave.page 3domestic partner, and the parents, grandparents,children, brothers and sisters of the owner, theowner’s spouse or the owner’s domestic partner. Ifthe owner gives this reason to terminate a tenancyand then fails to carry it out, they may be subjectto a civil penalty of up to 2,500. A tenant whosetenancy is terminated for this reason has a privateright of action if they feel an owner has failed tocomply with these requirements.1. The tenant fails to pay rent within 14 days of anotice to pay rent or vacate.9. The owner wishes to terminate the tenancy of atenant who lives in the same housing unit with theowner; or the owner desires to stop sharing his or herhouse with a tenant living in an approved accessory dwelling unit (ADU) in an owner-occupied house.2. The tenant habitually fails to pay rent on time, causingthe owner to notify the tenant in writing of overduerent 4 or more times in a 12-month period.10. The tenant’s occupancy is conditioned uponemployment on the property and the employmentrelationship is terminated.3. The tenant does not comply with material termsof a lease or rental agreement within 10 days of anotice to comply or vacate.11. The owner plans major rehabilitation that requires apermit and demonstrates that the work cannot bedone with a tenant in occupancy. In addition, theowner must comply with the requirements of theTenant Relocation Assistance Ordinance. (See below for more information.) If the owner gives majorrehabilitation as the reason to terminate a tenancyand then fails to carry it out, they may be subjectto a civil penalty of up to 2,500. A tenant whosetenancy is terminated for this reason has a privateright of action if they feel an owner has failed tocomply with these requirements.The following is a summary of the reasons for whichowners may end tenancies under the ordinance:4. The tenant does not comply with a material obligation under the State Landlord-Tenant Act within 10days of a notice to comply or vacate.5. The tenant habitually fails to comply with material termsof the lease or rental agreement, which causes theowner to serve a 10-day notice to comply or vacate 3or more times in a 12-month period.6. The tenant severely damages the rental unit(causes “waste”), causes a nuisance (includingdrug-related activity), or maintains an unlawfulbusiness, and does not vacate the premises withinthree days of a notice to do so. The type of damage, nuisance or unlawful business must be specified in writing on the notice.7. The tenant engages in criminal activity in the building or on the premises or in an area immediatelyadjacent to the building or premises. The allegedcriminal activity must substantially affect the healthor safety of other tenants or the owner; illegaldrug-related activity is one crime specified by theordinance. A property owner who uses this reasonmust clearly state the facts supporting the allegation, and must send a copy of the termination oftenancy notice to SDCI.8. The owner wishes to occupy the premises personally, or the owner’s immediate family will occupythe unit, and no substantially equivalent unit isvacant and available in the same building andgives the tenant written notice at least 90 daysprior to the end of a rental period. Immediatefamily includes the owner’s spouse or the owner’s12. The owner decides to convert the building to acooperative or condominium. (See page 6 forinformation on the Condominium and CooperativeConversion Ordinances.)13. The owner decides to demolish a building or toconvert it to non-residential use. The owner mustfirst comply with the requirements of the TenantRelocation Assistance Ordinance (see page 5) andobtain a necessary permit.14. The owner desires to sell a single family residence andgives the tenant written notice at least 90 days priorto the end of a rental period. The owner must list theproperty for sale at a reasonable price in a newspaper or with a realty agency within 30 days after thedate the tenant vacates. Property owners may berequired to sign a certification of the intent to sell thehouse if SDCI receives a complaint. There is a rebuttable presumption of an ordinance violation if the unitis not listed or advertised, or is taken off the marketor re-rented within 90 days after the tenant leaves. Atenant whose tenancy is terminated for this reason hasa private right of action if they feel an owner has failedto comply with these requirements.LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliancewith all code and rule requirements, whether or not described in this Tip.
SDCI Tip #604—Seattle Laws on Property Owner and Tenant Rights and Responsibilitiespage 415. The owner plans to discontinue the use of a housing unit which is not authorized by the Land UseCode, after receiving a Notice of Violation. Theowner must pay relocation assistance to the tenants of each such unit at least two weeks priorto the date the tenant is to vacate. Low-incometenants must be paid 2,000 relocation assistance;other tenants must be paid relocation assistanceequal to two months’ rent.Look for section 22.206.160 in the search box. Formore information, call SDCI Property Owner and TenantAssistance at (206) 684-5700.16. The owner needs to reduce the number of tenantssharing a dwelling unit in order to comply withLand Use Code restrictions (i.e., no more than 8people per dwelling unit if any are unrelated).Enforcement of the Just Cause EvictionOrdinance17. The owner decides to terminate the tenancy of atenant from a house containing an approved ADUin order to comply with the development standardsfor ADUs, after receiving a Notice of Violation ofthe Land Use Code. The owner must pay relocation assistance to displaced tenants in the amountof 2,000 for low-income tenants, or two months’rent in other cases. SDCI may require a propertyowner to sign a certification of his or her intent todiscontinue the use of the ADU.18. An Emergency Order to vacate the property has beenissued by SDCI and the tenants have failed to vacateby the deadline given in the Order.Failure to follow through with stated cause: If anowner terminates a tenancy for the reason that (1) saleof a single family residence is planned, (2) the owner or afamily member is to move in, (3) substantial rehabilitationis planned, (4) the number of residents must be reducedto eight, or (5) the owner is discontinuing an ADU afterreceipt of a notice of violation, and the owner fails to carryout the stated reason for eviction, they may be subject toenforcement action by the City and a civil penalty of upto 2,500.Private right of action for tenants: If an ownerterminates a tenancy because (1) sale of a single familyresidence is planned, (2) the owner or a family memberis to move in, or (3) substantial rehabilitation is planned,and if the owner fails to carry out the stated reason foreviction, the tenant can sue the owner for up to 3,000,costs, and reasonable attorney’s fees.Unless otherwise noted above, a termination of tenancynotice must be given at least 20 days prior to the startof the next rental period and must state the reason fortermination in writing. Only those reasons listed aboveare lawful causes for terminating month-to-monthtenancies in Seattle. For the complete text of the JustCause Eviction Ordinance, go to the City of Seattle's,City Clerks website and click on Seattle Municipal Code.Please note, under state law tenants wishing to terminatemonth-to-month tenancies must also follow proper noticeprocedures, notifying the owner or manager in writing atleast 20 days before the start of the next rental period.SDCI Code Compliance staff will investigate complaints ofan illegal termination of tenancy. If a complaint is determined to be valid, the department will inform the landlordof the requirements of the Ordinance and will issue a Notice of Violation should the landlord refuse to rescind thetermination notice. If the landlord fails to rescind the notice within the compliance period given in the Notice ofViolation, the case will be referred to the City Attorney’sOffice. A landlord found to have illegally terminated atenancy can be penalized by a civil fine of 150.00 perday per housing unit from the date the violation beginsfor the first 10 days of non-compliance and 500.00 perday per housing unit thereafter.Within 10 days of receiving a Just Cause Eviction Ordinance Notice of Violation, a landlord or other affectedparty may request an administrative review by a SDCIrepresentative. SDCI will notify the requester within 7days of receipt of the request for review. The requestorwill have 15 days from the receipt of this confirmationto submit additional information to SDCI. Following thereview, the SDCI representative may sustain, modify, orwithdraw the Notice of Violation. A written decision willbe sent to the requestor within 15 days of the decisionbeing made.Records a property owner should keepOwners are advised to maintain the following records tosupport a case for terminating a tenancy:1. A specific written rental agreement, with rules thatapply equally to all tenants, and a unit conditionchecklist;2. Records of rental payments;3. Copies of notices given to tenants, with evidence thatall legally required notices were properly served; and4. Any information or documentation to support atermination of tenancy, such as police incidentreports or complaints from neighbors.LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliancewith all code and rule requirements, whether or not described in this Tip.
SDCI Tip #604—Seattle Laws on Property Owner and Tenant Rights and ResponsibilitiesNotices for termination of tenancy must specifically statethe reasons for the termination. For example, a noticefor habitual late payment of rent could state:“You were notified in writing on January 3,1999, February 3, 1999, March 3, 1999, andApril 3, 1999, that your rent was late. It is dueand payable on the first day of each month.”Owners are advised to retain the following records asevidence of compliance with the RRIO program:1. Proof of registration (Registration Certificate) thatneeds to be displayed or given to each tenant; andprovided to all new tenants at or before the timethey move in.2. A copy of the Certificate of Compliance once aninspection has been performed.Actions that are considered to beharassment or retaliationThe HBMC prohibits certain actions taken against eithera tenant or an owner.The following actions constitute harassment or retaliation against the tenant:1. Changing locks on unit doors2. Removing doors, windows, fuse box, or other fixtures3. Discontinuing gas, electricity, water, or other utilities supplied by owner4. Removing a tenant from the premises exceptthrough the legal eviction process5. Evicting, increasing rent or threatening a tenant becausethat tenant has reported violations of the HBMC to SDCIor has exercised any legal rights arising out of the tenant’s occupancy of the building6. Entering a tenant’s uni
Dec 04, 2020 · Seattle Department of Construction and Inspections Code Compliance Renting in Seattle helpline: (206) 684-5700 Location: 19th Floor, Seattle Municipal Tower Mailing Address: 700 Fifth Ave., Suite 2000 P.O. Box 34019 Seattle, WA 98124-4019 The Washington State Residential Landlord/T
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Seattle Municipal Code, Chapter 21.16 - Side Sewers Retrieved January 19, 2018 4 CHAPTER 21.16 - SIDE SEWERS Sections: 21.16.010 - CHAPTER TITLE AND PURPOSE. This chapter 21.16 shall be known as the "Side Sewer Code", and may be cited as such. This chapter is declared to be an exercise of the police power of the state and of the City to
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