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HomeMy WebLinkAbout5837 ORDINANCE NO.5 8 3 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 1.25.010, 1.25.050, 1.25.060, 8.04.280, 8.12.020, 8.12.080, 8.20.030, 8.28.020, 8.32.070, 8.40.030, 9.66.020 and 9.66.900 OF THE AUBURN CITY CODE RELATED TO NUISANCE PENALTIES WHEREAS, the citizens of the City deserve and should expect to have their neighbors maintain their property and conduct themselves in a manner so as not to unreasonably interfere with the quiet enjoyment of property within the City and activities thereon; and WHEREAS, in order to promote proper conduct and to reduce consequences of misconduct, the current provisions of the Auburn City Code include language that impose penalties for certain public nuisances, and that address methods for enforcement thereof; and WHEREAS, while most persons who are contacted with nuisance type complaints promptly comply with corrective action, that is unfortunately not always the case; and WHERERAS, because some violators do not respond, even when their nuisance (civil) infraction cases are filed in the Auburn Municipal Court, it is appropriate that the City Code have additional enforcement tools, such as escalating repeat violations to criminal misdemeanors, this in addition to other enforcement methodologies and strategies available under the law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: ------------------ Ordinance No. 5837 March 30, 2004 Page 1 Section 1. AMENDMENT TO CITY CODE. That Section 1.25.010 of the Auburn City Code, relating to Civil Penalties, is hereby amended to read as follows: 1.25.010 Purpose. It is the purpose of this chapter to qenerallv provide civil penalties for non-fire code violations of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, all standards, regulations and procedures adopted pursuant to those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not involve imminent danger to the public health, safety and welfare of persons or property, and such other code provisions as are specified. Criminal penalties provided in this code for non-fire violation of ACC Titles 5, 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles whether contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein. It is the intent of this chapter to permit a timely and efficient means of enforcement, to establish definitions, monetary penalties for violations and a hearing process before the municipal court or the hearing examiner as assigned in the ACC. (Ord. 5677 § 2, 2002; Ord. 5667 § 1,2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1,1991.) Section 2. AMENDMENT TO CITY CODE. That Section 1.25.050 of the Auburn City Code, relating to Civil Penalties, is hereby amended to read as follows: 1.25.050 Penalties for infractions. Unless otherwise specifically provided in connection with particular sections, chapters or titles of the city code, noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of $250.00. Each day, location, violator and incident shall constitute a separate civil infraction. It is provided, however, that if the same violator has been found, in any court of competent jurisdiction, to have previouslv committed an infraction violation for the same or similar conduct three (3) or more separate times, with the infraction violations occurrinq at the same location and involvinq the same or similar Sections of Title 5, 6, 8, 10, 12, 13, 15, 16, 17 or 18 of the City Code, or other similar code(s), any further violations shall constitute misdemeanors, punishable as provided in ACC 1.24.010. For the purposes hereof, it shall be prima facie evidence that the same violator has previouslv been found to have committed any infraction if a certified copy of the iudqment, docket or other court document showinq that such violation was found committed is filed with the court. (Ord. 5677 § 2, 2002.) Section 3. AMENDMENT TO CITY CODE. That Section 1.25.060 of the Auburn City Code, relating to Civil Penalties, is hereby amended to read as follows: 1.25.060 Uncorrected violations. In addition to any other enforcement actions available to the City, Ulf...a violation on a parcel of property is not corrected within the specified time frame of the notice(s) ------------------ Ordinance No. 5837 March 30,2004 Page 2 and/or decision of the court then no further permits or approvals shall be issued by the city on the subject parcel until all violations have been corrected, or brought into compliance with the decision of the court. (Ord. 5677 § 2, 2002.) Section 4. AMENDMENT TO CITY CODE. That Section 8.04.280 of the Auburn City Code, relating to Food Establishments, is hereby amended to read as follows: 8.04.280 Violation - Penalty. A violation of any of the provisions of this chapter by any person, firm or corporation shall be a civil infraction, punishable in accordance with ACC 1.25.050, except as provided in Section, except as provided in ACC 1.25.050. (Ord. 5683 § 19, 2002; Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.360.) Section 5. AMENDMENT TO CITY CODE. That Section 8.12.020 of the Auburn City Code, relating to Food Establishments, is hereby amended to read as follows: 8.12.020 Nuisances affecting public health and safety. Acts or omissions, places, conditions and things or uses that injure or endanger the safety, health, welfare, comfort or general well being of the general public or the environment, are declared to be public nuisances. Public nuisances include, but are not limited to, the following: A. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, or other public or private place in the city, anyone or more of the following places, conditions, things or acts to the prejudice, danger, or annoyance of others, or that interfere with safe travel; B. Privies, vaults, cesspools, sumps, pits, wells or cisterns or like places which are not securely protected from insects, rodents, or other pests; C. Filthy, littered or trash-covered premises, including all buildings and structures thereon and areas adjacent thereto; D. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal, articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all other trash or abandoned material unless the same are kept in covered bins or metal receptacles approved by the city; provided, that any such receptacles approved by the King County or Pierce County health officer or designee shall be deemed approved by the city; E. Trash, litter, rags, debris, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing material, lumber not neatly piled, or other material, which provides harborage for insects, rodents, or other pests; F. Any unsightly and dangerous building, billboard or structure, as determined by the city building official; G. All places used or maintained as junk-yards or dumping grounds, or for the wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out wrecked or abandoned ------------------ Ordinance No. 5837 March 30, 2004 Page 3 automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to provide harborage for insects, rodents or other pests, excluding properly zoned and licensed wrecking yards, junk-yards or machinery being used; H. Garbage disposed of in any manner other than provided in the solid waste code (Chapter 8.08 ACC); I. Garbage cans which are not impervious to rodent gnawing or do not have tight- fitting lids; J. Any putrid, unsound or unwholesome bones, meat, hides, skins or the whole or any part of any dead animal, fish or fowl, butchers' trimmings or offal, or any waste vegetable or animal matter in any quantity, garbage human excreta or other offensive substance; provided, nothing in this subsection shall prevent the temporary retention of waste in a manner approved by the mayor or designee; K. Blackberry vines or any tall grass or weeds which are infested with insects, rodent or other pests; L. Grass clippings, cut brush or cut weeds which may create an insect or rodent harborage; M. Nests, colonies, hives or apiaries of bees, Africanized honey bees, yellow jacket, hornets or wasps which are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC, or which are not in full compliance with the city's zoning and land use codes or with the city's business licensing and registration codes; aRG N. Any accumulation of combustible, explosive or flammable substances which are stored in a way that poses a threat or danger to life or property.,.~ O. Ditches, holes, pits, accumulations of debris, dirt or construction materials or other materials, or breaks in impervious surface in any public riqht-of-wav, or any other condition that obstructs or interferes with safe pedestrian or vehicular travel on or alonq said riqht-of-wav: and P. Failure, after reasonable notice, to restore a City street, sidewalk or related infrastructure facilitv to City standards after havinq destroyed, disrupted or adverselv impacted such street, sidewalk or related infrastructure facilitv from its use for safe public travel. Q. It is also a public nuisance to store, keep or allow junk to accumulate unless within a building or outdoor storage yard; provided further, that the building and/or outdoor storage yard must otherwise meet all other applicable requirements of the city including allowing for the storage of junk. For the purposes hereof, "junk" means old, unusable or discarded appliances, furniture, scrap wood, paper, cardboard, glass, demolition debris, rubber, metal, equipment, tires, machinery, toys, building materials (except for materials being used for an immediate construction project on the premises), woody debris, batteries, barrels, cans, motor vehicle parts, rags or similar items. The term junk also includes travel trailers, boats and boat trailers, truck campers, utility trailers, tent trailers or similar vehicles that are in disrepair, in an obvious state of abandonment, or that cannot legally be operated on public streets, roads or highways. The term junk does not include recyclable items that are associated with a permitted recycling industry; provided, that the indiscriminate storage of recyclables in areas not ------------------ Ordinance No. 5837 March 30, 2004 Page 4 otherwise allowed for storage will be considered junk and a public nuisance. (Ord. 5747 § 1,2003; Ord. 2904 § 1,1976; 1957 code § 7.04.280.) Section 6. AMENDMENT TO CITY CODE. That Section 8.12.080 of the Auburn City Code, relating to Public Nuisances, is hereby amended to read as follows: 8.12.080 Abatement by city - Costs liability. If within three days after receiving a proper notice in writing for the abatement of any nuisance detrimental to health and welfare of the public, or source of filth as hereinabove defined, such notice to be signed by the city health officerMavor or desiqnee, the person owning, occupying or controlling such premises fails, neglects or refuses to remove the same, such nuisance may be removed or abated by order of the health officer Mavor or desiqnee, and the person on whom such notice for the removal of same was served, in addition to incurring the penalty provided, shall become indebted to the city for the damages, costs and charges incurred by the city in the removal of such nuisance. Such costs and charges are to be recovered by a civil action brought by the city against the person so served with such notice, which action the Mavor or desiqnee is authorized to brinq for and on behalf of the city. The Mavor or desiqnee is also authorized to file a lien aqainst the property on which the nuisance was abated, or on the adjacent property where the nuisance was located on public property or on public riqht-of-way and where the nuisance was caused by or on behalf of the owner of the adjacent property, which lien shall be in the amount of the city's costs in abatinq the nuisance, and in enforcinq the lien. In any such abatement bv the city, the city shall also be entitled to interest accruinq at the rate of twelve percent (12%) per annum from the time of the expenditure of funds bv the city for such abatement. (Ord. 5747 § 1,2003; 1957 code § 7.04.330.) Section 7. AMENDMENT TO CITY CODE. That Section 8.20.030 of the Auburn City Code, relating to Vegetation, is hereby amended to read as follows: 8.20.030 Violation - Penalty. The code enforcement official, or his designee, pursuant to the provisions of Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly cut and remove all grass, weeds and brush growing in violation of ACC 8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. A violation of any of the provisions of this chapter bv any person, firm or corporation shall be a civil infraction, punishable in accordance with ACC 1.25.050, except where the violation is desiqnated as a misdemeanor as provided in ACC 1.25.050. (Ord. 5747 § 3, 2003; Ord. 4504 § 10, 1991; Ord. 4040 § 2, 1985.) Section 8. AMENDMENT TO CITY CODE. That Section 8.28.020 of the Auburn City Code, relating to Noise, is hereby amended to read as follows: ------------------ Ordinance No. 5837 March 30, 2004 Page 5 8.28.020 Violation - Penalty. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00. provided. however, that if the same violator is found, in any forums, to have committed violations hereof three (3) or more separate times occurrinq at the same location within the same twelve (12) month period, any further violation shall constitute a misdemeanor, punishable as provided in ACC 1.24.010. (Ord. 5658 § 1,2002; 1957 code § 9.10.010.) Section 9. AMENDMENT TO CITY CODE. That Section 8.32.070 of the Auburn City Code, relating to Outdoor Fires, is hereby amended to read as follows: 8.32.070 Violation - Penalty. A violation of any of the provisions of this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050, except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5683 § 20, 2002; Ord. 3400 § 5, 1979.) Section 10. AMENDMENT TO CITY CODE. That Section 8.40.030 of the Auburn City Code, relating to Jumping From Bridge, is hereby amended to read as follows: 8.40.030 Violation - Penalty. A violation of any of the provisions of this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050. except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5683 § 21,2002; Ord. 3886 § 3,1983.) Section 11. AMENDMENT TO CITY CODE. That Section 9.66.020 of the Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as follows: 9.66.020 Littering prohibited - Penalties - Litter cleanup restitution payment. A. It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in any body of water within the city, whether from a vehicle or otherwise, including but not limited to any public park, public highway, road, street, or alley except: 1. When the property is designated by the state of Washington, its agencies or political subdivisions, or municipalities incorporated under state law for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose; 2. Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters. ------------------ Ordinance No. 5837 March 30, 2004 Page 6 B. 1. It is a civil infraction as provided in Chapter 1.25 ACC for a person to litter in an amount less than or equal to one cubic foot, except as would be a misdemeanor pursuant to ACC 1.25.050. 2. It is also a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $50.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to city for the support of its law enforcement-litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection, if the person cleans up and properly disposes of the litter. 3. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incident. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection if the person cleans up and properly disposes of the litter. 4. If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle's removal, disposal and sale and the penalties that may be imposed against the person who abandoned the vehicle. C. It is also a civil infraction as provided in Chapter 1.25 ACC for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire, except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5718 § 1, 2002.) Section 12. AMENDMENT TO CITY CODE. That Section 9.66.900 of the Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as follows: 9.66.900 Statutes incorporated by reference. The following statute§. -is-are incorporated in this chapter by reference: RCW 9.66.010 Public nuisance. RCW 9.66.020 Unequal damaqe. RCW 9.66.030 Maintaininq or permittinq nuisance. RCW 9.66.040 Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. RCW 9.91.130 Disposal of trash in charity donation receptacle. (Ord. 5718 § 1,2002; Ord. 5682 § 1,2002.) ------------------ Ordinance No. 5837 March 30, 2004 Page 7 Section 13. ADMINISTRATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 14. SEVERABILITY. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 15. EFFECTIVE DATE. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: APR I) 2004 2004 . 4 PETER B. LEWIS MAYOR ATTEST: ¡[\ ... ç... [\ ¡/ . ··:fltu!:¿l¿-)~a¿p~/í. ----~_. Danielle Daskam City Clerk q \ ¿ ( (' L\ ------------------ Ordinance No. 5837 March 30, 2004 Page 8