HomeMy WebLinkAbout6780 ORDINANCE NO. 6780
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER
5.24 OF THE CITY CODE REGARDING TEMPORARY
COVID-19 RENTAL ENFORCEMENT RESTRICTIONS.
WHEREAS, earlier this year, the World Health Organization has announced novel
coronavirus (COVID-19) is officially a global pandemic; and
WHEREAS, on January 31, 2020, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of
COVID-19; and
WHEREAS, the Washington Governor also declared a State of Emergency due to
new cases of COVID-19; and
WHEREAS, on March 5, 2020, the Mayor proclaimed a local emergency due to
growing public health impacts of COVID-19, which the Auburn City Council ratified by
Resolution No. 5504; and
WHEREAS, consistent with the Governor's COVID-19 Proclamations, it is
recognized that COVID-19 challenges can adversely affect payment of residential rent by
those whose employment has been curtailed by the pandemic, and it is appropriate to
establish regulations supporting the issues related to rental housing within the City
affected by COVID-19.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter 5.24 to City Code. A new Chapter 5.24 of the Auburn
City Code is hereby created to read as follows:
Ordinance No. 6780
July 20, 2020
Page 1 of 3
Chapter 5.24
Temporary COVID-19 Rental Enforcement
Sections:
5.24.010 Temporary COVID-19 Rental Enforcement Restrictions.
5.24.010 Temporary COVID-19 Rental Enforcement Restrictions.
A. During the term of the Emergency Proclamations issued by
Washington State Governor Jay Inslee related to the COVID-19 Pandemic,
including the Governor's Proclamation 20-05, and any amendments and
extensions thereto, landlords, mobile home landlords, property owners, and
property managers are prohibited from treating any unpaid rent or other charges
related to a dwelling or parcel of land occupied as a dwelling as an enforceable
debt or obligation that is owing or collectable, where such non-payment was as a
result of the COVID-19 outbreak and where it occurred on or after February 29,
2020, the date when the initial State of Emergency was proclaimed in all counties
in Washington State. This includes attempts to collect, or threats to collect, through
a collection agency, by filing an unlawful detainer or other judicial action,
withholding any portion of a security deposit, billing or invoicing, reporting to credit
bureaus, or by any other means. This prohibition does not apply to a landlord,
property owner, or property manager who demonstrates by a preponderance of
the evidence to a court that the resident was offered, and refused or failed to
comply with, a re-payment plan that was reasonable based on the individual
financial, health, and other circumstances of that resident. The enforcement
restrictions set forth herein shall only apply to rental payment amounts during the
time the Governor's Emergency Proclamation 20-05, and any amendments and
extensions thereto are in effect.
B. This Chapter 5.24 and Section 5.24.010 of the City Code shall
automatically expire and shall be repealed without any other action by the City
Council at such time as there are no remaining payments due and/or enforcement
actions that could be brought hereunder, or one year after the effective date of this
Ordinance, whichever comes first.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Ordinance No. 6780
July 20, 2020
Page 2 of 3
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: JUL 2 0 2020
PASSED: JUL 2 U 2020
APPROVED: JUL 2 0 2020
CITY OF AUBURN
• £ .
ANCY r Y KUS, AYOR
ATTEST: APPROVED AS TO F M:
ufte
hawn Campbell, MMC, City Clerk endra Comeau, City Attorney
Published:6/0( 11 A�u l'/1�/
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Ordinance No. 6780
July 20, 2020
Page 3 of 3