HomeMy WebLinkAbout5651 ORDINANCE NO. 5 6 5 '1
AN ORDINANCE of the City Council of the City of
Auburn, Washington, adopting a new Chapter 5.22 of
the Auburn City Code, providing for multi-family
residential complex business license and crime free
strategies
WHEREAS, in connection with the City's activities to control and address the
problems occurring in higher density residential areas of the City, the City, including its
police force, code enforcement and human services, have specifically delegated
resources to work with the multi-family residential complex owners and managers, in
providing coordination and training, to assist in better controlling the problems and
addressing the social concerns incident to such locales; and,
WHEREAS, in furtherance of that approach, the City has commenced working
with multi-family residential complex managers and owners in the City, and
representatives of other agencies, to develop and implement a strategy for addressing
said problems and concerns; and,
WHEREAS, in order to identify the focus of the efforts for this program, it is
appropriate to identify certain criteria and purposes, folding the approach and
regulations into the City's business license regulations applicable to the multi-family
residential complexes and properties, consisting of eight (8) or more residential units on
the same or adjacent property owned by the same individual or individuals, or a
residential operation consisting of eight (8) or more non-adjacent multi-family residential
properties owned by the same owner or owners.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Ordinance No. 5651
Date: April 15, 2002
Page 1
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Section 1. That a new Chapter 5.22 of the Auburn City Code is created and
established to read as follows:
Chapter 5.22
MULTI-FAMILY RESIDENTIAL COMPLEX
BUSINESS LICENSE AND STRATEGIES
Sections:
5.22.010 Definitions.
5.22,020 Business License- Fee.
5.22.030 Advisory Board on Multi-family Residential Complexes.
5.22.040 Multi-family Residential Complex Enforcement Criteria.
5.22,050 License application - Required - Form.
5.22.060 License application - Approval or disapproval procedure.
5.22.070 License - Display- Nontransferability- Responsibility.
5,22.080 License- Revocation.
5.22.090 Employment of Law Enforcement Officers.
5.22.100 Duty to Comply with all Federal, State and Local Laws and
Regulations - Business License Revocation.
5.22.110 Reimbursement for Transitional Costs.
5.22.120 Violation - Penalty.
5.22,130 Nonexclusive enforcement.
5.22.010 Definitions.
A. "Multi-family Residential Complex," as used in this Chapter, means any
complex of eight (8) or more residential units of any nature or character on one property
or on adjacent property owned by the same person, persons or business entity, or
multiples thereof and/or combinations thereof, or eight (8) or more such residential
multi-family residential properties located within the City of Auburn, not on adjacent
properties but owned, in whole or in part, by the same owner(s). By way of illustration,
the term "Multi-family Residential Complex" includes, but is not limited to, apartment
complexes, mobile home parks, rental residential dwellings or combinations thereof.
B. "Multi-family Residential Complex Owners," as used in this Chapter, means
the individual or individuals, partnership(s), corporation(s) or any combination thereof
owning or having an ownership interest in any multi-family residential complex or
complexes within the City of Auburn,
C. "Non-owner Managers," as used in this Chapter, means any person(s) hired
or engaged for the purpose of providing management services for any multi-family
residential complex(es) within the City of Auburn, where the Manager(s) has/have no
ownership in the multi-housing complex being managed.
5.22.020 Business License - Fee.
Each Multi-family Residential Complex in the city, as defined herein, shall obtain
and maintain in good standing a "Multi-family Residential Complex business license"
Ordinance No. 5651
Date: April 15, 2002
Page 2
issued by the City in accordance with the procedures of this Chapter and Title 5 of this
Code.
A. The fee for a Multi-family Residential Complex business license shall be thirty-
five dollars ($35.00) per year for the multi-housing complex business, unless a different
amount is hereafter set by action of the City Council in Ordinance or Resolution of the
City.
B. The business license fee shall be for the fiscal year (July 1 through June 30),
and each applicant for the business license must pay the full business license fee for
the current fiscal year or portion thereof during which the applicant has engaged in
business, regardless of when during the fiscal year the license is obtained.
C. Duly licensed Multi-family Residential Complex businesses, as defined in this
Chapter, shall not also be required to comply with the business registration
requirements of Chapter 5.10 of the City Code unless the business also engages in
business activities falling outside definition of Multi-family Residential Complex
businesses and the parameters of the provisions of this Chapter.
5.22.030 Advisory Board on Multi-family Residential Complexes.
There is hereby established as an advisory board to the City, to be known as the
Advisory Board on Multi-family Residential Complexes. The Advisory Board shall be
comprised of interested owners and managers of multi-family residential complexes
and other interested persons, appointed by the Mayor to serve on an as needed basis.
The Police Chief or designee shall serve as an ex-officio member of the board. The
Advisory Board shall meet not less than quarterly. The Advisory Board shall assist and
advise the City in connection with Multi-family Residential Complex related issues in the
City and regionally, including:
A. Facilitate cooperation and coordination with the City police department on
multi-family residential complex issues,
B. Recommend to the City, programs and strategies to enhance community
awareness of multi-family residential complex related issues,
C. Recommend approaches for multi-family residential complex training
programs, including City and police sponsored training,
D. Develop networking and strategies for City police to deal with multi-family
residential complex issues and develop partnership and support programs, educational
programs, consistent crime-free approaches, "no-tolerance for crime," property
protection and preparation programs,
E. Coordinate, develop and disseminate procedures for tenant screening, multi-
family residential complex agreements (including language to include enforcement of
rules and protection of facilities and neighborhoods), eviction techniques and strategies,
F. Provide on-going management resources, including regular, periodic
meetings, telephone and other response strategies,
G. Monitor inappropriate activities by owners, managers and operators of multi-
family residential complexes, and counsel said owners, managers and operators in
reasonable alternatives,
H. Promote strong ties and build mutually beneficial relationships between
police and multi-family residential complex operators, including methods for recognizing
Ordinance No. 5651
Date: April 15, 2002
Page 3
illegal activity, identifying and reporting crimes, knowing police functions and roles,
exchanging information with police and other agencies,
I. Develop linkages to other agencies and resources, including the Fire
Department, HUD and Section 8 Programs, Safe Streets, Neighborhood Watch, etc.
J. Develop and/or identify Dispute Resolution Alternatives, and similar resources
that may be utilized in disputes between the owners, managers and operators of multi-
family residential complexes and tenants, and others with interests therein,
K. Recognize and incorporate programs and procedures that identify and reflect
cultural influences, sensitivities, understanding differences in the tenant/community
population,
L. Act as an unofficial liaison between the multi-family residential complex
community and the police department,
M. Partner, on behalf of the City, with other agencies or entities to seek
programs and grants to support and enhance multi-family residential stock in the City,
and
N. Participate in such other and related roles and functions as requested by the
City.
5.22.040 Multi-family Residential Complex Enforcement Criteria.
^. The City shall identify and communicate with the managers and operators of
multi-family residential complex businesses in the City generally predictable/identifiable
enforcement criteria, and shall establish forums for information sharing and
enforcement review. The City police department shall promote a business license
enforcement strategy generally based on the following priority: 1. Crime free housing training programs.
2. Mutually derived crime prevention strategies.
3. City directed crime prevention strategies. Strategies will be consistent with
"best practices" taught in cost-free City training and industry standards.
4. Inspection of the residential units of multi-family residential complexes. It is
provided, however, that except in the case of emergencies or other exigent
circumstances, or in instances where it is impracticable or unreasonable to provide
advance notice, such inspections shall be preceded by not less than forty-eight (48)
hours advance notice to the tenants.
5. Manager-operator selected security officers.
6. City directed off-duty police security.
7. Business license revocation -- ultimate resort.
it is envisioned that most problems can be resolved by participation in Crime
Free Housing training and implementation of its recommended practices. Failure to
participate in strategies 1 through 4 may subject the licensed/registered party to
revocation. Any expense incurred in connection with paragraphs 2 through 5 above will
be borne by the licensed/registered party. Provided that this priority shall be a guide,
with actual requirements for the licensed/registered party reflecting measured,
appropriate determinations based on the level of seriousness of violations, the
enforcement history and other relevant factors. It is further provided that the "Inspection
of the residential units of multi-family residential complexes," item 4 above, includes
Ordinance No. 5651
Date: April 15, 2002
Page 4
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inspection of residential units in the complex for any applicable health, building, fire,
housing or life-safety code violations, or other serious violations.
5.22.050 License application - Required - Form.
A. Every person required to have a license under the provisions of this chapter
shall submit an application for such license to the city clerk. The application shall be a
written statement upon a form provided by the city clerk.
B. Whenever a license cannot be issued at the time the application for the same
is made, the city clerk shall issue a receipt to the applicant for the money paid in
advance subject to the following conditions: Such receipt shall not be construed as the
approval of the city clerk for the issuance of a license, nor shall it entitle or authorize the
applicant to open or maintain any business contrary to the provisions of this chapter.
5.22.060 License application - ^pproval or disapproval procedure.
The city clerk shall collect all license fees and shall issue licenses in the name of
the city to all persons qualified under the provisions of this chapter and shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads of the City of Auburn building,
fire, planning and police departments;
C. Notify any applicant of the acceptance or rejection of his/her application and
shall, upon denial of any license state in writing the reasons therefor, the process for
appeal and deliver them to the applicant;
D. Deny any application for license upon written findings that the granting would
be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15 days from
date of action, file written notice of appeal to the appropriate committee of the city.
Action of the appropriate committee of the city may be appealed 15 days from date of
action to the full city council and action of the council shall be conclusive and not
subject to review.
2. When the issuance is denied and any action instituted by the applicant to
compel its issuance, such applicant shall not engage in the business for which the
license was refused unless a license is issued pursuant to a judgment ordering the
same.
5.22.070 License - Display - Nontransferability - Responsibility.
A. Upon receipt of the license the license shall be retained on premises where it
may be inspected at any time, or shall be carried, as appropriate.
B. No license issued under the provisions of this chapter shall be transferable or
assignable.
C. The agents or other representatives of nonresidents who are doing business
in this city shall be personally responsible for the compliance of their principals and the
businesses they represent with this chapter.
Ordinance No. 5651
Date: April 15, 2002
Page 5
5.22.080 License - Revocation.
A. Any license issued under the provisions of this chapter may be revoked by the
city clerk and/or police chief and/or building official and/or fire chief for any reason if the
further operation thereof would be detrimental to public peace, health or welfare, or the
violation of any federal or state law or any ordinance or regulation of the city. The city
clerk shall cause to be served upon such parties as may be deemed to be interested
therein such reasonable notice as may be determined to be proper of intention to
revoke such license.
B. Where deemed necessary to prevent further detriment to public peace, health
or welfare, or violation of any federal or state law or any city ordinance or regulation the
police chief, fire chief or building official may immediately revoke any license issued
under the provisions of this chapter.
C. Whenever any such license is revoked, the licensee may within 15 days from
date of action file written notice of appeal to the appropriate committee of the city.
Action of the appropriate committee may be appealed within 15 days from date of
action to the full city council and action of the council shall be conclusive and not
subject to review.
5.22.090 Employment of Law Enforcement Officers.
In the event it becomes necessary for the City to require that a multi-family
residential complex owner, manager or operator secure the services of one or more law
enforcement officer(s) to properly enforce the applicable laws, rules and regulations
and to maintain order in the multi-family residential complex, all expense for such
service shall be borne by the multi-family residential complex owner, manager or
operator, and it is his/her duty to secure the services of such officer or officers at a level
prescribed by the City and as are deemed by the City to be necessary to preserve order
and enforce the rules and regulations prescribed in this Title, the City Code and State
law. Failure to comply with this requirement, if imposed by the City, will result in
revocation of the business license in the manner prescribed herein and by Title 5 of the
City Code.
5.22.100 Duty to Comply with all Federal, State and Local Laws and Regulations -
Business License Revocation.
All persons licensed pursuant to this Chapter must comply with all federal, state
and local laws and regulations. Violation of this Section shall constitute grounds for
revocation of the business license.
5.22.110 Reimbursement for Transitional Costs.
In the event that a multi-family residential complex is closed by the City or any
agency acting on behalf of or in coordination with the City stemming from enforcement
of the provisions of this Chapter or any applicable criminal code or any health, building,
fire, housing or life-safety code, or other serious violations, it shall be a prerequisite
condition for the license to be reinstated and/or the multi-family residential complex to
be allowed to re-open that the operator of the multi-family residential complex
reimburse the City for any transitional costs and/or tenant re-location costs incurred by
the City that are directly attributable to such closure. For the purposes hereof,
Ordinance No. 5651
Date: April 15, 2002
Page 6
"transitional costs and/or tenant rs-location costs" include but are not limited to tenant
travel costs and temporary hotel vouchers or other expenses incurred to procure
alternate housing following tenant displacement for a reasonable time to alleviate the
impacts of displacement. The amounts of such costs shall be as determined in the
discretion of the Mayor in consultation with the police chief and with representatives of
agencies engaged in providing social services within the City. It is provided, however,
that nothing in this Chapter shall preclude the City from seeking and obtaining funds
from grants or other sources to cover or help defray the transitional costs, and receipt of
such grants or other funds shall not relieve the operators of the multi-family residential
complex from the reimbursement requirements hereof.
5.22.120 Violation - Penalty.
Failure of a multi-family residential complex owner, manager or operator to
operate a multi-family residential complex business without obtaining or maintaining in
good standing a multi-family residential complex business license, as required by this
Chapter, is a misdemeanor punishable by a fine of up to one thousand dollars ($1,000)
or by a jail sentence of up to ninety (90) days, or by a combination of said fine and jail
sentence.
5.22.130 Nonexclusive enforcement.
The City's action to enforce one provision of this Chapter or to pursue one
avenue of enforcement shall not preclude the City from enforcing any other provision of
this Chapter and/or from pursuing any other avenue of enforcement, and the Mayor or
designated City official is entitled to use any methods or processes available under the
law to enforce the requirements hereof.
Section 2. Notice to Businesses. The Mayor or designee shall endeavor to
provide notice to affected multi-family residential complex owners, managers and/or
operators of the licensing requirements hereof in advance of the effective date of this
Ordinance, including at least one notice published in the City's official newspaper.
Section 3. 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 4. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
ordinance.
Ordinance No. 5651
Date: April 15, 2002
Page 7
Section 5. Effective Date. That this Ordinance shall be in full force and effect
five (5) days after publication of the Ordinance, as provided by law, and on July 1,2002.
INTRODUCED: April 15, 2002
PASSED: April 15, 2002
APPROVEE~_~ril 15, 2002
PETER B. LEWIS, MAYOR
ATTEST:
'Da~.~le Daskam, City Clerk
Published
Ordinance No. 5651
Date: April 15, 2002
Page 8