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HomeMy WebLinkAbout5966ORDINANCE NO. 5 9 6 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 1.25.010, 1.25.020, 1.25.030, 1.25.060 AND 1.25.070, ADDING A NEW SECTION 1.25.035 AND REPEALING SECTION 1.25.090 OF THE AUBURN CITY CODE RELATING TO CLARIFICATION OF DUTIES FOR CODE ENFORCEMENT WHEREAS, the City code provisions address numerous issues involving code enforcement responsibilities and the process involved in addressing those responsibilities; WHEREAS, in addressing how those duties are handled, clarification of certain sections that are either handled more conveniently in one avenue or as the process has evolved, no longer requires other process warrant actions to modify the city code sections to provide for such clarification. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 1.25.010 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.010 Purpose. It is the purpose of this chapter to generally 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 Ordinance 5966 November 15, 2005 Page 1 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or approval issued pursuant to those titles whether contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein.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 as assigned in the ACC. (Ord. 5837 § 1, 2004; 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 1.25.020 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.020 Definitions. Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. The word "shall" is always mandatory, and the word "may" denotes a use of discretion in making a decision. A. "Act" means doing or performing something. B. "Code enforcement official" means the director or designee of the director of the department authorized and/or empowered to enforce a violation of ACC Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, 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 of this code, and such of the code provisions specifying civil penalties not within the specific or exclusive enforcement responsibility of another official. C. "Emergency" means a situation or civil violation which in the opinion of the code enforcement official requires immediate action to prevent or eliminate an imminent threat to the public health, safety or welfare of persons or property. D. ~-"Omission" means a failure to act. ~E. "Person" includes any natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. LCF. "Stop Work Order-" Ordinance 5966 November 15, 2005 Page 2 .means the written order issued b~~ the code enforcement official or other authorized enforcement official, or his/her designee to direct that work or activity shall be stopped until such activity is authorized to resume by the code enforcement official or other authorized enforcement official or his/her designee. ~G. "Violation" means an act or omission contrary to requirements contained in ACC Titles 5, 8, 12, 13, 15, 16, 17 and/or 18, and Chapter 10.02 ACC, or such other provisions of the ACC that are enforceable pursuant to the provisions of this chapter, and/or all standards, regulations and procedures adopted pursuant to those titles and the terms and/or conditions of any permit or approval issued pursuant to those titles, and such other code provisions as are specified. fH. "Municipal court" means the "municipal court of the city of Auburn," as established pursuant to Chapter 2.14 ACC, as the forum in which violations of the ACC shall be heard, ~. (Ord. 5677 § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Section 3. Amendment to City Code. That section 1.25.030 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.030 Notice to correct violation. A. Authority to Issue. 1. Whenever the code enforcement official or other authorized enforcement official, or his/her designee, determines that a violation is occurring or has occurred, he/she may issue a notice to correct the violation, in a form pursuant to subsection C of this section, to the property owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or participating in the violation. 2. If a notice to correct the violation has been issued, the code enforcement official shall require the violation to be corrected within one to 15 Ordinance 5966 November 15, 2005 Page 3 working days from the issuance of the notice to correct. The length of time to correct shall be determined, in the sole discretion of the code enforcement official or other authorized enforcement official, or his/her designee, by the scope of violation, the history of prior violations by the same persons and/or at the same location and method needed to correct violation. All violations, in any event, shall be corrected expediently. B. Receipt of Correction Notice. 1. Upon receipt of notice to correct violation, the violator shall either correct the violation or ask the code enforcement official for a reconsideration of the notice to correct within the time frame set out in subsection (B)(3) of this section. 2. If the violator corrects the violation, the code enforcement official shall close the violation file and notify violator of compliance. 3. The property owner and/or tenant may request reconsideration of the notice to correct violation by the code enforcement official. This request must be made in writing prior to the date on which corrections are to be completed as specified in the notice. The code enforcement official shall respond to the request for reconsideration, if timely received, no later than seven calendar days from the date the request for reconsideration was received. The code enforcement official may amend the notice (i) to correct the notice, (ii) for good cause to allow for a longer time to correct the violation, (iii) to amend the scope of violation, or (iv) to rescind the notice. A stay of the time allowed for correction shall be in effect from the date that a request for reconsideration was received, if timely received, until the date a response to the request for reconsideration is sent. 4. If the violator corrects the violation pursuant to the reconsideration determination, the code enforcement official shall close the violation file and notify the violator of compliance. C. Content. The notice to correct violation shall contain the following: 1. The name and address of the property owner and/or tenant and/or other person to whom the notice to correct violation is directed; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the Auburn City Code or related provision, standard, regulation, procedure or permit which has been violated; and 4. A statement of the action required to be taken to correct the violation as determined by the code enforcement official and a date or time by which correction is to be completed; and Ordinance 5966 November 15, 2005 Page 4 5. A statement that the property owner and/or tenant may request a reconsideration of the notice to correct violation by the code enforcement official and the procedures required for such request; and 6. A statement that the consequences of failing to correct the violation w+~-bemay result in monetary penalties and/or other enforcement requirements; and 7. A statement that the person to whom the notice to correct violation is directed shall inform the code enforcement official of the correction so an inspector can be sent to the violation premises to confirm the correction. D. Service of Notice. The code enforcement official shall cause the notice to correct violation to be served on the person(s) to whom it is directed; G;;-b~~;,~n~~~-if personal service , or by mailing a copy of the notice to correct violation by certified mail, postage prepaid, return receipt requested, to such person(s) at his/her last known address, and by posting a copy of the notice to correct violation conspicuously on the affected property or Drnnf of nnii half hn m~rln t thn limn of nnrinn by o ~~~rittq~ structure. T,-~-s~Ee-s,~~„--,~~-~~~.a~~~-,z, R„T~-o E. Extension. Upon written request received prior to the correction date or time, the code enforcement official may extend the date set for correction for good cause. The code enforcement official may consider but is not limited to the consideration of substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as good cause. F Repeat violations Notwithstanding the above provisions, in the case of a repeat violation the code enforcement official or other authorized enforcement official or his/her designee may issue a notice of infraction regardless of whether a notice to correct violation has been issued. For the purposes hereof repeat violation means that the same person or property has been the subject of one or more notice to correct violation within the preceding twelve (12) months. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Ordinance 5966 November 15, 2005 Page 5 Section 4. Amendment to City Code. That section 1.25.060 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.060 Uncorrected violations. In addition to any other enforcement actions available to the city, if a violation on a parcel of property is not corrected within the specified time frame of the flsti"mss)-~a-r~o~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. 5837 § 3, 2004; Ord. 5677 § 2, 2002.) Section 5. Amendment to City Code. That section 1.25.070 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.070 Abatement. A. Abatement by City. The city may perform the abatement required upon noncompliance with the terms of ~ , an order of the court. 1. The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes. 2. The city shall bill its costs, including incidental expenses, of abating the violation to the person(s) obligated to perform the work under the notice of failure to correct a violation, an order to cease activity or an order of the court, which costs shall become due and payable 30 days after the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. B. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to, carrying out the requirements of this section. A violation of this provision shall constitute a misdemeanor, and shall be punishable as provided by ACC 1.24.010. C. Report to City Council and Hearing on Cost of Abatement. In the event the person(s) responsible fails to pay within the 30-day period set forth in Ordinance 5966 November 15, 2005 Page 6 subsection (A)(2) of this section, the enforcement official shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. 1. A copy of the report and a notice of the time and date when the report shall be heard by the city council shall be served on the person responsible for payment at least five days prior to the hearing before the city council. 2. The city council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. D. Assessment Lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund or other appropriate fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. E. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll. (Ord. 5677 § 2, 2002.) Section 6. New Section to City Code. That section 1.25.035 of the Auburn City Code, be, and the same is hereby created to read as follows: 1.25.035 Stop Work Order. Whenever any work is being done or any activity is occurring which constitutes a "violation" under subsection G of this Section 1.25.020 of the City Code, the code enforcement official may order the work or activity stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done or such activity to occur, and any such persons shall forthwith stop such work and/or prevent such activity until authorized by the code enforcement official or designee to proceed with the work or recommence the activity. The issuance of a stop work order is not a prerequisite for the issuance of a notice of infraction or a citation for a violation. However, it shall be a Ordinance 5966 November 15, 2005 Page 7 misdemeanor punishable as provided in ACC 1.24.010 for a person to willfully engage in the doing or causing of such work to be done after the issuance of a stop work order, until authorized by the code enforcement official or designee to proceed with the work or recommence the activity. Section 7. Repealed Section of City Code. That section 1.25.090 of the Auburn City Code as set forth hereinafter, be, and the same is hereby repealed. 1.25.090 Hearing examiner. A. Authority. The hearing examiner as provided for in ACC 18.66.030 through 18.66.090 shall conduct hearings pursuant to this chapter, and as assigned to the hearing examiner. B. Duties of the Hearing Examiner. 1. The hearing examiner shall be responsible for presiding over hearings on cases and issues assigned to the hearing examiner, in accordance with and as provided for in this chapter. 2. The hearing examiner shall receive and examine available evidence, maintain a record of the hearing, and preside over the hearing as assigned to the hearing examiner and as provided in this chapter. Written findings of fact, conclusions of law based upon those facts, and a determination of the issues presented shall be entered. 3. The hearing examiner shall determine on cases assigned to the hearing examiner: a. Whether the city has proved by a preponderance of the evidence that: i. The code enforcement official had authority to issue the notice(s); and ii. The contents of the notice(s) complied with the appropriate section requirements; and iii. The notice(s) was/were properly served; and iv. The violation occurred within the city; and v. A violation as defined in ACC 1.25.020(H) has occurred; b. The amount of the monetary penalty as provided in this chapter to be imposed. In determining such penalty, the hearing examiner shall consider the number of days the violation(s) persisted after the date set for compliance or the number of days which a violation of a stop work order occurred after the date and time set for work stoppage. If the monetary penalty is determined to be inequitable, the hearing examiner shall assess an equitable monetary penalty; Ordinance 5966 November 15, 2005 Page 8 c. The assessment of the costs, fees and expenses in connection with the enforcement action which may be recovered as damages; d. Whether dates for compliance are to be set and to set compliance dates where appropriate. 4. A written decision shall be rendered within 10 calendar days after the conclusion of the hearing unless the time is extended for a period not to exceed 30 calendar days after the conclusion of the hearing if the hearing examiner finds the amount and the nature of the evidence to be considered cannot be made available within the normal decision period. A copy of such decision shall be transmitted by regular mail, postage pre-paid, to the parties of record. The effective date of the decision shall be as stated therein. C. Powers of the Hearing Examiner. In addition to any other powers granted to the hearing examiner in this section regarding cases assigned to the hearing examiner, the hearing examiner shall have the power to: 1. Examine witnesses and receive relevant evidence on cases assigned to the hearing examiner; 2. Rule on offers of proof; 3. Regulate the course of the hearing as provided herein, including the imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the hearing examiner; 4. Hold conferences for the settlement or simplification of the issues by consent of all parties; 5. Make decisions which can be incorporated into findings of fact, conclusions of law and order of the hearing examiner and enter orders of default and consent orders. D. Hearing Before the Hearing Examiner. 1. Procedure. a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the hearing examiner. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the hearing examiner, but shall in no event be greater than the cost involved. The proceedings at the hearing may also be recorded by a court reporter if requested and arranged for by any party thereto. All such costs and expense for such court reporter shall be borne by the requesting party. b. Continuances. The hearing examiner may grant continuances for good cause shown. c. Oaths -Certification. In any proceedings under this section, the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. Ordinance 5966 November 15, 2005 Page 9 d. Reasonable Dispatch. The hearing examiner shall proceed with reasonable dispatch to conclude any matter before him/her. Due regard shall be shown for the convenience and necessity of any parties or their representatives. e. Subpoenas. The hearing examiner may issue subpoenas upon the request of any party. The city attorney, assistant city attorney and city prosecutor are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of said individual the general relevance and reasonable scope of the evidence sought. 2. Conduct of Hearing. a. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. b. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. c. Hearsay Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. d. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. e. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. f. Rights of Parties. Each party shall have these rights among others: i. To call and examine witnesses on any matter relevant to the issues of the hearing; ii. To introduce documentary and physical evidence; iii. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing; iv. To impeach any witness regardless of which party first called him to testify; v. To rebut the evidence against him; vi. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so. g. Official Notice. i. What May Be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or official records of departments and ordinances of the city. Ordinance 5966 November 15, 2005 Page 10 ii. Parties to Be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto. iii. Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the official noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the hearing examiner. iv. Inspection of the Premises. The hearing examiner may inspect any building or premises involved in the violation. The hearing examiner shall state for the record upon completion of the inspection the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the hearing examiner. h. Documentary Evidence. Documentary evidence may be received in the form of copies. i. Limitation of Testimony. The hearing examiner has the right to limit the time a witness may testify. E. Appeal. Nothing in this section shall be construed as granting any right of judicial review which does not previously exist in law. The decision of the hearing examiner on cases assigned to the hearing examiner shall be final and exclusive unless a writ of review is sought in the superior court of King County by an aggrieved party or person within 14 calendar days of the effective date of the hearing examiner's decision. The filing of a writ of review with the superior court shall not stay enforcement of the hearing examiner's decision except by order of the superior court and on posting of a bond to be determined by the court naming the city as beneficiary. F. Limitations of Authority. The hearing examiner shall have no authority relative to interpretation of the administrative provisions of city codes or the technical codes nor shall the hearing examiner be empowered to determine the validity or constitutionality of any Auburn ordinances, city codes adopted therein or standards, regulations and procedures adopted pursuant thereto or the terms and conditions of any permit or approval issued pursuant thereto or to waive requirements of Auburn ordinances, codes adopted therein, or standards, regulations and procedures adopted pursuant thereto or the terms and conditions of any permit or approval issued pursuant to the Auburn City Code, codes adopted therein and standards, regulations and procedures adopted pursuant thereto. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.100.) Ordinance 5966 November 15, 2005 Page 11 Section 8. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 9. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 10. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: FEB ' 6 2006 PASSED: FER_-G 2006 APPROVED: ~=6 2006 URN --- -- P ER B. LEWIS MAYOR Ordinance 5966 November 15, 2005 Page 12 ATTEST: r ~ ~ ~ ~ ~~~~~~ Danie a E. Daskam, City Clerk APPR D AS TO FORM: ie B. eid, City Attorney PUBLISHED: U~ ~" ~U ' ~ ~° Ordinance 5966 November 15, 2005 Page 13