HomeMy WebLinkAbout5677 ORDINANCE NO~ 5 6 7 7
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Chapter 1.24 of the Auburn City
Code, relating to Penalties for Criminal Violations Chapter,
and amending Chapter 1.25 of the Auburn City Code,
relating to Civil Penalties for Violations, and amending
Sections 8.14.050, 12~24.090, and 13.32.080 of the Auburn
City Code, regarding penalty provisions
WHEREAS, among the responsibilities imposed on the City of Auburn are those
involving enforcement of ordinances proscribing violations of criminal laws adopted as a
part of the Auburn City Code; and,
WHEREAS, the current provisions of the City Code presently indicate a hearing
process whereby civil infractions are heard by the City's hearing examiner; and,
WHEREAS, in order to provide for the prompt, consistent processing of violations
of City Ordinances, it is appropriate for the City Cedes to specify that infractions shall be
heard by the Municipal Court, unless specifically assigned to the hearing examiner; and,
WHEREAS, it is also appropriate to clarify the distinction between criminal
provisions and civil infractions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. That Chapter 1.24 of the Auburn City Code, relating to Penalties for
Cdminal Violations is amended to read as follows:
Chapter 1.24
PENALTIES FOR CRIMINAL VIOLATIONS
Sections:
1 ·24·010 Criminal Penalties Generally.
1.24.020 Failure to respond to notice of infractian.
1.24.050 Identification of undesi,qnated violations.
O~inanceNo. 5677
June 10,2002
Page 1
1.24.010 Criminal Penalties Generally.
k,.,,..,~,~,~,~,,,~ ............ * ";* .... '~ ..... tc ths "-'"* ...... '~_v ..... .~..,,....~vd*h"'~"" by
.......... ~'"*~' .... ~' ;; .... '~ ;~'"';"""""~"~ Unless specific penalty is expressly
provided, for all violations of Ordinances of the City which are identified as
misdemeanors, upon conviction, such violations are punishable by imprisonment in the
appropriate City or County jail for a period of up to ninety (90) days and a fine of up to
one thousand ($1,000} dollars, or by both such fine and imprisonment.
B. Unless a specific penalty is expressly provided, for all violations of Ordinances
of the City which are identified as gross misdemeanors, upon conviction, such violations
are punishable by imprisonment in the appropriate City or County jail for a period of up
to one year and a fine of up to five thousand ($5,000) dollars, or by both such fine and
imprisonment.
C. Any violations of Ordinances of the City that are identified as criminal
violations, including being punishable by criminal penalties, but not identified as to
whether they are misdemeanors or gross misdemeanors, shall be deemed
misdemeanors or qross misdemeanors, as follows:
1. Criminal violations that are punishable by up to and includinq
imprisonment in the appropriate City or County jail for a period of up to one year
and a fine of up to five thousand ($5,000) dollars, or by both such fine and
imprisonment, shall be deemed gross misdemeanors, provided that criminal
violations that are punishable by not more than imprisonment in the appropriate
City or County jail for a period of up to ninety (90) days and a fine of up to one
thousand ($1,000} dollars, or by both such fine and imprisonment, shall be
deemed misdemeanors;
2. Criminal violations that are adopted by reference from state statutes, or
extrapolated with the same or substantially the same language from state
statutes, shall be classified as misdemeanors or qross misdemeanors consistent
with their classification by state statutes, and shall be punishable accordingly;
3. Criminal violations that are not identifiable as either misdemeanors or
gross misdemeanors shall be deemed misdemeanors and shall be punishable
accordingly.
D. In addition, a defendant may be assessed court costs, jun/ fees and such
other fees or costs as may be authorized in statute or Court Rules. In any court
proceeding to enforce this section, the City shall have the burden of proving by
evidence beyond a reasonable doubt that a violation occurred. In a proceeding under
this section a defendant shall be accorded each and even/ right protected under the
Constitutions of the United States of America and the State of Washinqton, all
applicable federal, state and local laws, and applicable Court Rules promulgated by the
Washinqton Supreme Court and the inferior courts under the authority of the
Washinqton Supreme Court. (Ord. 4285 § 2, 1988; Ord. 3618 § 1, 1981; Ord. 2754 § 1,
1973.)
Ordinance No. 5677
June 10,2002
Page 2
..... + e,...~ .... /~o~v ....~.. ~ ! 45 0!0 )
1.24.020 Failure to respond to notice of infraction.
It shall be a misdemeanor to fail to respond to a Notice of Civil Infraction issued
by a police officer or other official of the City authorized to issue civil notices of
infraction. In any court proceedinq to enforce this section, the City shall have the
burden of proving beyond a reasonable doubt both that the violator was personally
served with the notice of civil infraction and that the violator willfully failed to respond to
the infraction by either appearing in court as directed or by paying the fine for the
infraction.
................. = ~. ..................... nt.
'-'-J~'-'- ch.-!! '-,,* thc pefco,-, to ..... u ..........~- .... ;-;---' --.*;,.~* ...... ;~--~-~-- -..-.~ -~--,,
1.24.030 Identification of undesi.qnated violations.
In the case of a violation of any Ordinance of the City that is not identified as
either a criminal violation or as a civil infraction, where its character is not able to be
determined as one or the other by inference or by the context of the lanqua.qe of the
Ordinance, or by the lanquage of state statutes with the same or substantially the same
lan.quaqe, such violation shall be deemed as a civil infraction, and shall be punishable in
accordance with ACC 1.25.050.
SECTION TWO. That Chapter 1.25 of the Auburn City Code, relating to Civil
Penalties for Violations is amended to read as follows:
Chapter 1.25
CIVIL PENALTIES FOR VIOLATIONS
Sections:
1.25.010 Purpose.
1.25.020 Definitions.
1.25.030 Notice to correct violation.
1.25.040 Nobce o ........................... Infracbon.
1.25.050 [,I,.,*~,,,, ,,.f ~..~,~ · . ·
................. ~. enalhes for ~nfraobons.
Ordinance No. 5677
June 10, 2002
Page 3
1.25.060
--..-~- ........... Uncorrected violations.
1.25.070 ~,~,,,~,.., .,~,,~.,~.,,~.,,, ,,~ ,., ....... t..-.,,~,..
........................ : ........... Abatement.
~1.25.080 Interpretation.
!.25.!001.25.090 Hearing examiner
....... 1.25.100 Collection enforcement and/or abatement.
!.25.!301.25.110 Additional enforcement procedure.
....... 1.25.120 Constitutionality or invalidity.
1.25.010 Purpose.
It is the purpose of this chapter to 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. 5667 § 1, 2002; Ord. 5246 § 1
(Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
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 ~',,;:'~: .... .~ ~...-., ...... -~.-~
'~"+ ....... * ....... er ~';o~-'-- '~'-'-~ .... Director or desiqnee 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.
Ordinance No. 5677
June 10, 2002
Page 4
D. "Hearing examiner" means the office of the hearing examiner created
pursuant to ACC Title 18 of this code and provided for herein as the officer presiding
over violation and stop work hearings as assi,qned in the ACC. E. "Omission" means a failure to act.
F. "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.
G. "Stop Work Order." Whenever any work is being done or any activity is
occurrinq which constitutes a "violation" under subsection H of this section, the code
enfomement 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 desiRnee 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 misdemeanor punishable as provided in Section 1.24.010 ACC,,
for a person to willfully en.qaqe in the doinq or causinq of such work to be done after thP.
issuance of a Stop Work Order, until authorized by the code enforcement official or
desiqnee to proceed with the work or recommence the activity.
H. '¥iolation" 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 ara specified.
I. "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, other than as assigned to the hearing examiner in the ACC. (Ord. 5667
§ 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B),
1999; Ord. 4460 § 1, 1991.)
1.25.030 Notice to correct violation.
__A. Authority to Issue.
__1. Whenever the code enforcement official or other authorized
enforcement officia!, 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, ~--he-the code
enforcement ~fficial shall require the violation to be corrected within one to
15 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
Ordinance No. 5677
June 10, 2002
Page 5
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 .~c Ica. c; '.~ 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 ~s-was received. The code
enforcement official may amend the notice (1) to correct the notice, (2) for good
cause to allow for a longer time to correct the violation, (3) to amend the scope of
violation, or (4) 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
timelv 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
__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 will
be monetary penalties; 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,
Ordinance No. 5677
June 10, 2002
Page 6
__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, either personally
or, if personal service cannot be made, 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 structure. Proof of service shall be made at
the time of service by a written declaration under penalty of perjury executed by the
person effecting the service, declaring the time and date of service and the manner by
which service was made. If the whereabouts of such person(s) is unknown and the
same cannot be ascertained by the code enforcement official in the exercise of
reasonable diligence and the code enforcement official shall make an affidavit to that
effect, then the serving of such complaint or notice upon such person(s) may be made
by publishing the same once each week, for three consecutive weeks, in the official
newspaper of the city. The failure of the code enforcement official to serve any person
required herein to be served shall not invalidate any proceedings hereunder as to any
other person duly served or relieve any such person from any duty or obligation
imposed on him/her by this chapter.
__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. (Ord. 5246
§ 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
1.25.040 Nobce of ........................ nlnfractlon.
__A. Authority to Issue.
1. Whenever the code enforcement official determines that a violation has not
been corrected pursuant to ACC 1.25.030, he/she shall be authorized to issue a Retire
Notice of ~;' .... to ...... * "=-"~*='--' '
........................ nfract~on, in on aah appropriate form ......... * tc
s,.:'bs~ct!c,-, C cf this ccct!onfor filing with the municipal court, to the property owner(s)
and/or tenant(s) and/or to any person(s) causing or allowing or participating in the
violation.
...... ,. ................................... Infraction process.
Once the Notice of Infraction has been filed with the municipal court, it shall be
sent in the 'normal course to the property owner(s), tenant(s) and/or to other person(s)
causing or allowinq or participating in the violation, and thereafter processed for court
proceedings in accordance with applicable rules and procedures.
...... · +~.....~..,..+~ ..... ~+h~ .... to 10 ""~""'~"' '~ .... ~'"'" thc '~"*" *~'" ""*~"" :"
Ordinance No. 5677
June 10, 2002
Page 7
3...a ......v,,,..,v,, '~ .... ~"*;"" of the ";""'*;....,... v, ,.
;
..................................... ~' ........................ :~ .... ~,~. U
sede enfe:cement eff!c!c!. (Ord. 5246 § 1 (Exh. B), '1990; Ord. 52'12 § 'l (Exh. B), 1900;
Ord. 4460 § 1, 1~1.)
Ordinance No. 5077
June 10, 2002
Page 8
1.25.050 NeC~ce~fC~f~.Penalties for infractions.
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Ordinance No. 5677
June 10, 2002
Page 9
E ~+;~,,~,,.-I r~,,+,, +,~, ~¥.~,.~.-.+ D~,,~.~+ ~ ,-,.-,^~+~, ~l+,, ~,,~,,~+ f~
in conno~ion with padicular 8octions, Ghaptors or Iitlos of tho Gitg God~, non-criminal
violations of tho Gitg Godo shall ~o infractions and shall car~ a maximum ponaltg of
$250.00. fiach dag, Iocation, violator and incidont shall constituto a soparate Givil
Infraction..(Ord. ~24~ ~ ~ (Exh. B), ~; Ord. 52~2 ~ ~ (fixh. B), ~0~; Ord. 44~0 ~ ~,
1991.)
1.25.060 e, ....... ~ ~ Uncorrocted violations.
Ordinance No. 5677
June 10,2002
PagelO
.................................................. ~. .............. utc
~ ~.~[,.. ~. w;~,~*;~. A .... * ....... [* ....* to ..... x $59 99
........... z ....................... C~, ,~,,~
If a violation on a parcel of propeAy is not corrected within the specified time
frame of the notice(s) and/or decision of the couA then no fu~her permits or approvals
shall be issued by the City on the subioct parcel until all violations have been corrected,
or ~rou~ht into compliance with the decision of the couP. (Ord. 524~
Ord. 52~2 ~ ~ (fixh. ~), ~0~; Ord. ~0 ~ ~, ~0~.)
! ~ ....... ~ ~ .... of tho ..... ~ ........... .l~.
Ordinance No.
dune ~0, 2002
Page 11
6 A °*'~* ....' that +~'" "'~'~-' -"-* ....... , ..m.-~, ~. .... ~....~,,,.~,~
,. .................. oppear .........
9 ,~, "*"* .... * of the .............., *~,;i;~,,~ , ........ + the
D hA......*..... D......l*.. Tho ...... + of +h .....* ......., ......~ .......
(Ord 5246
/:~ ~ ~nnn. Ord 4460 ~ !, 1991.)
1.25.070 Abatement.
Ordinanco Ro. 5~77
0une ~0, 2002
A. Abatement by city.
The city may perform the abatement required upon noncompliance with the
terms of a notice of failure to correct a violation, an order to cease activity and/or 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 thirty 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 printinq and mailing.
B. Obstruction with work prohibited.
No person shall obstruct, impede or interfere with the city, its employees or
aRents, 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, carryinq out the
requirements of this section. A violation of this provision shall constitute a
misdemeanor, and shall be punishable as provided by section 1.24.010 of the City
Code.
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 subsection (A)(2) of this section, the enforcement official shall prepare a written
itemized report to the city council showinq the cost of abatement, including
rehabilitation, demolition, restoration or repair of such property, includinq such salva.qe
value relating thereto plus the amount of any outstandinq 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 hearinq 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 hearinq. 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 aqainst 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
Ordinance No. 5677
June 10, 2002
Page 13
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 proceedinq unless the same is commenced
within fifteen calendar days after the assessment is placed upon the assessment roll.
1.25.0901.25.080 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their
interpretation and application and shall be liberally construed to serve the purposes of
this chapter. (Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 §
1, 1991.)
!.25.!00 1.25.090 Hearing examiner.
A. Authority. The hearing examiner as provided for in ACC 18.66.030 through
18.66.090 shall conduct Cae-hearings ef-pursuant to this chapter, and as assiqned 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 assiqned to the hearing examiner, in accordancP,
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
hearinq 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 assi.qned to the hearinq
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) 2r.d/cr 2c
..... ~,4~,,4 ;,, ac*r, ~ '~5 ~n ,,,,4 ~ .25.070 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 No. 5677
June 10, 2002
Page 14
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 pedod 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 reqardin.q cases assiqned to the hearin.q examiner,
the hearing examiner shall have the power to:
1. Examine witnesses and receive relevant evidence on cases assiRned to
the hearin.q 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.
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.
Ordinance No. 5677
June 10, 2002
Page 15
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.
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
Ordinance No. 5677
June 10, 2002
Page 16
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 assiqned to the hearinq 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. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord.
4460 § 1, 1991.)
Ordinance No. 5677
June 10, 2002
Page 17
...................... ~ .......... ~ ~ ......... Bo .... ~~ = .......... rd
........ 1.25.1J0 Collection enforcement and/or abatement.
In the event of failure to comply with any notice and/or stop work order, the ci~,
at its option, may enforce collection through the cml execution process as provided Jn
this chapter or by any method provided by law and/or ordinance and/or may abate the
use of the propeRy which is the subject of the violation through the abatement process
as provided by law or ordinance. (Ord. 5246 ~ 1 (Exh. B), 1999; O~. 5212 ~ 1 (Exh. B),
1999; Ord. 4460 ~ 1, 1991.)
........ 1.25.120 Additional enforcement procedureA.
The provisions of this chapter are additional to other enforcement provisions
authorized by state ~law and/or city ordinance and are additional to any other
remedy available to the city for damages Jt
........... d, redress or relief, whether in
equity or law, includin~ but not limited to actions for injunctive relief and/or abatement,
to ensure and/or protect the public health, safety and welfare. (Ord. 5246 { I (Exh. B),
1999; Ord. 5212 { 1 (Exh. B), 1999; Ord. 4460 { 1, 1991.)
1.25.1 d01.25.130 Constitutionality or invalidity.
If any se~ion, clause or phrase of this chapter is for any reason held to be invalid
or unconstitutional, such invalidity or constitutionality shall not affect the validi~ or
constitutionality of the remaining podions of the sections, subsections, clauses or
phrases. It is hereby expressly declared that each se~ion, subse~ion, sentence, clause
and phrase hereof would have been prepared, proposed, adopted and approved and
ratified irrespective of the fa~ that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid or unconstitutional. (Ord. 5246 { 1 (Exh. B),
1999; Ord. 5212 { 1 (Exh. B), 1999; Ord. 4460 { 1, 1991.)
..... ~ ..... ~-thc .... ;-~-- ~-" ~ .... "a
SECTION THREE. That Chapter Section 8.14.050 of the Aubum Ci~ Code is
amended to read as follows:
8.14.050 Abatement and removal of junk vehicles on private prope~.
A. Volunta~ Correction. Whenever the ~de enforcement ....... official or a city
of Auburn law enforcement officer determines that a vehicle is a public nuisance and in
Ordinance No. 5677
June 10, 2002
Page 18
violation of this chapter, a reasonable attempt shall be made to secure voluntary
correction from the landowner and the vehicle's registered owner.
B. !cc'-'cnco cf .~.~ctice Enforcement of Civil Violation_s. If the code enforcement
cfflccr official or city of Auburn law enforcement officer does not obtain voluntary
correction of the public nuisance, the officer may issue a Notice of Infraction to the
landowner of record and/or the vehicle's last registered owner of record, which shall be
filed with the Auburn Municipal Court and processed in accordance with appropriate
rules and procedures. Alternatively, the code enforcement efCmerofficial or city of
Auburn law enforcement officer may issue a civil violation to the landowner of record
and the vehicle's last registered owner of record, in accordance with the procedures set
forth below.
C. Content. For violations of this chapter, the notice of civil violation shall contain
the following information:
1. The name and address of the landowner of record upon whose property
the vehicle is located;
2. The name and address of the vehicle's last registered owner of record
provided license' or vehicle identification numbers are available;
3. The vehicle description including: the license plate number and/or the
vehicle identification number; the model year; the make; and the factors which
render the vehicle a public nuisance;
4. The street address of a description sufficient for identification of the
property where the vehicle is located;
5. The required corrective action and a date and time by which the
correction must be completed;
6. The date, time and location of a hearing before the hearing examiner as
provided in ACC 1.25.1001.25.090 on the question of abatement and removal of
the vehicle or part thereof as a public nuisance which will be at least 10 days but
no more than 45 days from the date the notice is issued;
7. The hearing will be conducted in accordance with ACC
!.25.!001.25.090;
8. A statement indicating that the hearing will be canceled and no
monetary penalty as provided in subsection (C)(10) of this section will be
assessed if the required corrective action is completed at least 48 hours prior to
the scheduled hearing;
9. A statement indicating that the city may remove, impound and dispose
of the vehicle, and assess all costs and expenses of administration, removing,
impounding and disposing of the vehicle against the landowner and/or the
registered owner as ordered by the hearing examiner; and
10. A statement that a monetary penalty of $50.00 per day for each day
the junk vehicle is not abated and removed beginning the day immediately
following the date and time provided in the notice of civil violation for correction
shall be assessed against the landowner and/or the vehicle's registered owner as
specified and ordered by the hearing examiner in accordance with ACC
1.25.090, '~ ')~ ,inn ,,.,,.,~ 4 ,35 ,1!0
Ordinance No. 5677
June 10, 2002
Page 19
D. Service of Notice. The notice shall be mailed by certified mail, with a five-day
return receipt requested to the owner of the land as shown on the last equalized
assessment roll and to the last registered and legal owner of record unless the vehicle
is in such condition that identification numbers are not available to determine ownership.
E. Landowner Responsibility Disclaimer. The landowner may appear in person at
the hearing, or present a written statement prior to the hearing, to deny responsibility for
the vehicle's presence on the property. If the hearing examiner determines that the
vehicle was placed on the property without the landowner's consent and that the
landowner has not subsequently acquiesced in its presence, then the costs and
expenses of administration, removing, impounding and disposing of the vehicle shall not
be assessed against the landowner or otherwise attempted to be collected from said
landowner.
F. Removal by the City. Pursuant to the hearing examiner's orders, the vehicle or
part(s) thereof may be removed at the request of a law enfomement officer; the city may
use any lawful means to cause the vehicle to be removed from the private property and
disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor, with
notice to the Washington State Patrol and the Washington Department of Licensing that
the vehicle has been wrecked.
G. Recovery of Costs and Expenses.
1. The costs of removal and disposal shall be assessed against the last
registered owner if the identity of the owner can be determined unless the owner
in the transfer of ownership complied with RCW 46.12.101, or against the
landowner of record of the property on which the vehicle is stored, or both. If both
the owner of the vehicle and the landowner are assessed the costs of removal,
then liability for the costs shall be their joint and separate obligation.
2. The costs of administration and of removal and disposal of the vehicle
may be recovered by the city as determined by the hearing examiner subject to
subsection E of this section. (Ord. 5200 § 2, 1999.)
SECTION FOUR That Section 12.24.090 of the Auburn City Code is amended to
read as follows:
12.24.090 Contest of city engineer's decision.
Any person aggrieved by the granting or denying of a construction permit
pursuant to this chapter shall have the right of review by the public works director as
follows!
A. All complaints filed pursuant to this section must be filed in writing with the
public works director within 10 working days of the date of the decision being contested;
B. All complaints filed pursuant to this section shall specify the error of law or
fact, or new evidence which could not have been reasonably available at the time of the
city engineer's decision, which shall constitute the basis of the complaint;
C. Upon receipt of a timely written notice of complaint, the public works director
shall review the materials submitted and determine whether to uphold or modify the city
engineer's decision. If in the public works director's judgment, the city engineer's
decision should be amended in favor of resolving the complaint, he or she shall so
Ordinance No. 5677
June 10, 2002
Page 20
direct the same. If the director upholds the city engineer's decision he or she shall
prepare a written staff paper detailing the rationale of the city engineer's decision and a
findings of fact for conduct of a hearing by the hearing examiner;
D. The public works director shall schedule the hearing before the hearing
examiner in accordance with ACC !.25.1901.25.090 and Chapter 18.66 ACC and notify
the contesting party of the scheduled hearing in accordance with ACC 18.70.040. (Ord.
5042 § 1 (Exh. C), 1998.)
SECTION FIVE. That Section 13.32.080 of the Auburn City Code is amended to
read as follows:
13.32.080 Conversion complaint review.
Upon the timely filing by the owner of objections to the disconnection and
removal of the service lines pursuant to this chapter the owner shall have the right to file
a complaint with the public works director as follows:
A. All complaints filed pursuant to this section must be filed in writing with the
public works director within 10 working days of the date of the decision being disputed;
B. All complaints filed pursuant to this section shall specify the error of law or
fact, or new evidence which could not have been reasonably available at the time of the
city engineer's decision, which shall constitute the basis of the complaint;
C. Upon receipt of a timely written notice of a complaint, the public works director
shall review the materials submitted and prepare a written staff paper detailing the
rationale of the city engineer's decision and a findings of fact for the hearing examiner;
D. The public works director shall schedule the hearing in accordance with ACC
!.25.1001.25.090 and Chapter 18.66 ACC and notify the contesting party of the
scheduled hearing. (Ord. 5043 § 1 (Exh. A), 1998.)
SECTION SIX. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION SEVEN. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as may
be necessary to carry out the directives of this legislation.
Ordinance No. 5677
June 10, 2002
Page 21
SECTION EIGHT. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication of the
Ordinance Summary.
JUL ! 5 Z0OZ
INTRODUCED:.
PASSED: JUL ! 5 ZI~
APPROVED: JUL ! 5 ZO0~
PETER B. LEWIS, MAYOR
ATTEST:
Dan'telle E. Daskam, City Clerk
APPRO~V.I~D AS TO FORM:
PUBLISHED:
Ordinance No. 5677
June 10, 2002
Page 22