HomeMy WebLinkAbout5683 ORDINANCE NO. 5 6 8 3
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Sections 2.14.100, 2.42.090,
2.69.090 2.75.180, 3.16.020, 3.16.030, 3.52.130, 3.58.060,
3.60.070 3.61.060, 5.10.100, 5.20.080, 5.443.84.090,
5.84.050 5.883.88.100, 6.20.080, 6.24.050, 6.32.030,
8.04.280 8.32.070, 8.40.030, 8.50.040, 10.12.550,
10.20.030 10.32.020, 10.36.550, 10.40.090, 10.52.040,
10.56.210 10.58.050, 10.64.130, 10.68.040, 12.12.240,
13.12.090 15.08.020, 15.36.020 and 15.40.090, of the
Auburn City Code, creating a new Section 15.06.040 of the
Auburn City Code, and repealing Chapter 10.60 of the
Auburn City Code (Motorcycles), relating to penalties for
violations of City Ordinances
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, there are a number of provisions of the current City Codes that
provide for penalties, which penalties could be clarified, or amended for consistency and
for conformity with other sections of the City Code, including distinction between
criminal offenses and civil infractions; and,
WHEREAS, it is thus appropriate to amend certain sections of the City Code for
such consistency and conformity; and,
WHEREAS, it is also appropriate to repeal the provisions of ACC 10.60, dealing
with Motorcycles, as such provisions are covered by the provisions of the Washington
Model Traffic Ordinance, adopted in Chapter 10.04 ACC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 5683
June 17, 2002
Page 1
SECTION ONE. That Section 2.14.100 ACC, relating to the Auburn Municipal Court, is
amended to read as follows:
2.14.100 Sentences.
A. In all cases of conviction, unless otherwise provided in Chapters 3.30 through
3.74 RCW as amended as of or after the effective date of the ordinance codified in this
chapter, where a jail sentence is given to the defendant, execution shall issue
accordingly; and where the judgment of the court is that the defendant pay a fine and
costs, the defendant may be committed to jail until the judgment is paid in full.
B. A defendant who has been committed shall be discharged upon the payment
for such part of the fine and costs as remains unpaid after deducting from the whole
amount any previous payment, and after deducting the amount allowed for each day of
imprisonment, which amount shall be the same and computed in the same manner as
provided for superior court cases in RCW 10.82.030 and 10.82.040, as amended as of
or after the effective date of the ordinance codified in this chapter. In addition, all other
proceedings in respect of such fine and costs shall be the same as in like cases in the
superior court.
'
,,521 § 1 (Exh. A), lggl .)
SECTION TWO. That Section 2.42.0g0 ACC, relating to the City of Parks and
Recreation Commission, is amended to read as follow$~
2.42.0g0 Violation - Penalty.
Any ...... cr ............ ~"+"'~ cf ~ violation of this chapter ~h~!! be ....
-~ ......... tO ...... ' + ..... ~ to
90 ='""'~ ...... +' misdemeanor punishable
in accordance with ACC 1.24,010.. (1957 code § 1.18.090.)
SECTION THREE. That Section 2.§9,090 ACC, relating to the City of Auburn Library
Board, is amended to read as follows:
2.69.090 Property destruction - Penalty.
........................ : ,,,j ............. or....v.,v:v The intentional in ury,
defacin,q or destructionof any property belonging to or deposited in the libraryis' ~_,,.;'" '='" of
a misdemeanor ~'--~ o~...n ~... ~,
............ ~. ......... , punishable in accordance with ACC 1.24,010.
(Ord. 5599 § 1, 2001.)
SECTION FOUR. That Section 2.75,180 ACC, relating to Emergency Services, is
amended to read as follows:
Ordinance No. 5683
June 17, 2002
Page 2
2.75.180 Violations - Penalty.
It is a misdemeanor, punishable by" ~'"" "~ '-'-* + ....,,,,,~ e,3~n nn ,-,. ~.,,
~,,,~,~ ...... +, .... ,, ...... '~ *~ ...... *"~ or both in accordance with ACC 1 24 010,
for any person during a disaster to:
A. Wilfully obstruct, hinder or delay any member of the emergency services
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
B. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if such act is of such a nature as to imperil the lives or property of inhabitants of
this city, or to prevent, hinder or delay the defense or protection thereof;
C. Wear, carry or display, without authority, any means of identification specified
by the State Department of Emergency
SECTION FIVE. That Section 3.16.020 ACC, relating to Claims Against the City, is
amended to read as follows:
3.16.020 False claims - Prohibited - Penalty.
The certificates required by this chapter need not be shown, but c.%',,v. vv.. ......
vv,.,,j,,,~""'*;~';"" ~ ..,~,,,,"~;-" the certification or making a claim by any person knowing the same to
be false or untrue is =_,,., of a gross misdemeanor .......... -,,'-~'-~-,-,~ ....... ;-~,,,~ ;.,
punishable in accordance with ACC 1.24.010. (Ord. 2936 § 1, 1976; 1957 code §
1.39.030.)
SECTION SIX. That Section 3.16.030 ACC, relating to Claims Against the City, is
amended to read as follows:
3.16.030 False claims - Approval prohibited - Penalty.
It shall be a gross misdemeanor punishable in accordance with ACC 1.24.010 for
anyARy person ':;ho to..~_knowingly af~-eves-approve or p:ys pay or causes-cause to be
approved or paid a false or untrue claim ~ .... '*', -'~ ....... ;~ ......... '~ o~'"" bc
.... ;.,~,.,,~ ....... ;,~,,,~ ;,, A~r, ~ ,),~ mn (Ord 2937 § 1 1976; 1957 code § 1 39 040 )
SECTION SEVEN. That Section 3.52.130 ACC, relating to the City's Admissions Tax,
is amended to read as follows:
3.52.130 Violations - Penalty.
Etch A__violation of or failure to comply with the provisions of this chapter
$50O.001s a misdemeanor punishable in accordance with ACC 1.24.010. (Ord. 3801 §
14, 1982.)
SECTION EIGHT. That Section 3.58.060 ACC, relating to the City's Lodging Tax, is
amended to read as follows:
Ordinance No. 5683
June 17, 2002
Page 3
3.58.060 Penalty.
It is unlawful for any person, firm, or corporation to violate or fail to comply with
any of the provisions of thi.~ ~.h~nt~_r = ................ ;.-*~.,~ -.~ .~ ,,;,,~-.*;,,,, · '
...... ,.. ........ ~ ~. ............................. Violations of
any provision of this chapter shall be punichcd punishable by a fine in a sum not to
exceed $5,000 or by imprisonment for a term not to exceed one year or by both such
fine and imprisonment. Each day of violation shall be considered a separate offense.
(Ord. 5561 § 6, 2001.)
SECTION NINE. That Section 3.60.070 ACC, relating to Sales or Use Tax, is amended
to read as follows:
3.60.070 Penalties.
It shall be a misdemeanor punishable in accordance with ACC 1.24.010 for
anyARy seller ';;ho to f31!.~willfully fail or r-~refuse to collect the tax as required bv
this chapter '.':!th *"" ;"+""+ tc ,,~'-"-*-- *h ...... ;~""" cf
..,~ .... * ..... ~.~..~* ~=+h....=....-* ... ;....=.o.-* and it shall be a misdemeanor punishable
in accordance with ACC 1.24.010 for any buyer ..... to__refuses-refuse to pay any tax
due under this chapter ...... oho,, b
oh..,, h,. ~.....~ ...... *h... $500 09 cr impdccncd for '-'-* .... *"-'- °~ .... *h. h..
.... ~.~....~ ~.., ~...*~. .... h ~ .... '~ ~'""'~ ...... * (Ord 3822 § 7 1982 )
SECTION TEN. That Section 3.01.060 ACC, relating to Natural or Manufactured Gas
Use Tax, is amended to read as follows:
3.61.060 Penalties.
It shall be a misdemeanor punishable in accordance with ACC 1.24.010 for
any.a, ny seller ,.,h.. * ~..,. '
..... ,0 ..... wdlfully fail or ....... refuse to collect the tax as required b_y
this chapter ..,;*h *h.. ;..*....* to
........ ~.. cr ................................ , and it shall be a misdemeanor punishable
in accordance with ACC 1.24.010 for any buyer who to rcf'-'ccc refuse to pay any tax
due under this chapter.,°h""..,, b~ "'~-,,.~';'*" cf ?.
7.u.".ichcd by-~.,,h"*h ------,.h ¢.,..._ .... --,,..'~ !mpdcc,",mc,",t . (Ord .4443 § 2 ,1990 . )
SECTION ELEVEN. That Section 5.10.100 ACC, relating to the Business Registration,
is amended to read as follows:
5.10.100 Violation - Penalty.
.... . ,. ............... = c,",y A violation of the provisions of this chapter h=c
.... ;.,...~ ..- ~..~..~.-,~ .... .~ o.,h~o.-* .... to $!99 O0 .... '* ..... ,..~-....*i..,. by any
person, firm or corporation shall be a civil infraction, punishable in accordance with ACC
1.25.050.
Ordinance No. 5683
June 17, 2002
Page 4
................ qTF
B. Each day of such .......
er-the-wolat~on ........ constitutes a separate infraction under this chapter. (Ord. 4012
§ 2, 1984.)
SECTION TWELVE. That Section 5.20.080 ACC, relating to Specific Business
Licenses, is amended to read as follows:
5.20.080 Violation - Penalty.
A. Any ,, ........ ............... ;-'~"*;'-'-~ c,~,y violation of the provisions of this chapter ....
misdemeanor punishable in accordance with ACC 1.24.010.
B. Each day of such ~.-~il,_....... .... cr ,.,-.4: .... i + ..... i ..... i*h +~ ...... i~.i .... ,~ {-I-,i~.
er--the-violation ef-same-constitutes a separate !?.fr~ct!o.-. offense under this chapter.
(Ord. 4012 § 2, 1984.)
SECTION THIRTEEN. That Section 5.44.090 ACC, relating to Gambling Activities, is
amended to read as follows:
5.443.84.090 Violation - Penalty.
A,-,,, ,-..-..-,.~.,-, ,,i,-.I..+i,-,.-, .-.~ ~.-.;~i,-,~, tO "'"'"~'"~ ..... i+l., .-~,.,,, ,-.,( +{-,.-. ,-.~..,.;..;.-,,.,~. Cf +{.,i~.
~'";"" '{-~-"- any liability for civil remedies in favor of the city for
o~-'-" /;'- In addition to .....
collection of any delinquent taxes under the provisions of this chapter, and in addition to
any penalties that might be imposed by the state) h ..... ~o~,,,~ .... + ,~,,+ ~,
-- ,- .................... , a violation
of the provisions of this chapter is a misdemeanor punishable in accordance with ACC
1.24.010. (Ord. 2883 § 7, 1975.)
SECTION FOURTEEN. That Section 5.84.050 ACC, relating to Registration of
Telecommunications Carriers, Operators, Providers and Other Commercial Utilities, is
amended to read as follows:
5.84.050 General penalties.
A. Civil Penalty.
1.. ^.,,, ........... ,._,,v,, .,..._.,,,~'-"-+~-"~ any A violation of the provisions of this chapter
!,qfr3ct!c,", is a civil infraction, punishable in accordance with ACC 1.25.050.
2. Each day of such ~*;' .... cr -'-~ .... ' + ..... ' ..... ;+h +h ...... ;,.; .... ~
6hac)ter-er-the-violation e~he-same-constitutes a separate infraction under this
chapter.
B. Additional Relief. The city may seek legal or equitable relief to enjoin any acts
or practices and abate any condition which constitutes or will constitute a violation of the
applicable provisions of this chapter when penalties provided herein are inadequate to
effect compliance. Furthermore, violation of the terms of this chapter shall be grounds
for revocation of any public ways agreement, franchise, or lease issued or granted
pursuant to ACC Title 20. (Ord. 5044 § 1, 1998.)
Ordinance No. 5683
June 17, 2002
Page 5
SECTION FIFTEEN· That Section 5·883.88.100 ACC, relating to Utility Services, is
amended to read as follows:
5.883.88.100 Violation - Penalty.
It shall be a misdemeanor punishable in accordance with ACC 1.24.010 for
an¥,~,.".y person, firm or corporation subject to this chapter ,;;hc to f~ilc fail or refuses
refuse to apply for an occupation license or to make the tax returns or to pay the tax
when due, or ';;hc to m:~cc make any false statement or representation in or in
connection with any such application for an occupation license or such tax return, or
otherwise vielatesviolate or refuses-refuse or fa!Is fail to comply with this chapter, is
..... · ~ qn ,4 ...... ~"' ~'"*~' (1957 code § 5 42 090 )
SECTION SIXTEEN. That Section 6.20.080 ACC, relating to Mistreatment of Animals,
is amended to read as follows:
6.20.080 Violation - Penalty.
.... · ~, ................... A_. violation of this chapter ........ --'
' ' is a misdemeanor punishable in accordance with ACC 1.24.010.
(1957 code § 6·03.020.)
SECTION SEVENTEEN. That Section 6.24.050 ACC, relating to Slaughtering, is
amended to read as follows:
6.24.050 Violation - Penalty.
.... , A violation of any of the provisions of this chapter by any person cr ,. ........
firm, copartnership or corporation '"~'-' cr '"~'~"" ~- ~ .... '~ "";'" cf ";"~-*~ ...... cf *~'"
..... ;";""~ cf *~';° "~'""'*"- ~ .... ;i,,, cf .,,;,.,4 ......... ,4 ,.~,.,ll
e,'~see~q,~-$~ shall be a civil infraction, punishable in accordance with ACC
1.25.050. (1957 code § 4.08.050.)
SECTION EIGHTEEN. That Section 6.32.030 ACC, relating to Animal Control, is
amended to read as follows:
6.32.030 Police dogs.
A. Definitions. As used in this section, unless the context or subject matter cleady
requires otherwise, the following words or phrases shall have the following meanings:
1. "Police dog" means a dog used by a law enforcement agency specially
trained for law enforcement work and under the control of a dog handler.
O~inance No. 5683
June 17,2002
Page 6
2. "Dog handler" means a law enforcement officer who has successfully
completed training as prescribed by the Washington State Criminal Justice
Training Commission in police dog handling.
B. Interference With and Abuse of Police Dogs Prohibited. It is unlawful for any
person to:
1. Wilfully or maliciously interfere with, obstruct, torture, beat, kick, strike,
mutilate, disable, shoot, poison, kill or in any other way abuse or harass any
police dog;
2. Harass a police dog while such police dog is confined in its quarters, an
automobile, kennel, fenced area, training area, or while it is under the control of a
dog handler;
3. Wilfully or maliciously interfere with a police dog or dog handler while
such police dog er dog handler is engaged in lawful police activities.
C. Reimbursement of Costs to City. Any person who kills or permanently disables
a police dog as a result of any unlawful act set forth in subsection B of this section shall
be liable for and shall pay to the general fund of the city the value of the police dog at
such time the incident occurred, which shall include costs incurred in the training, care,
feeding, and purchase cost of such police dog.
D. Exemptions from Animal Control Code.
1. All police dogs and all dogs being trained as police dogs shall be
exempt from all provisions of the King County Code, as adopted by the city,
relating to animal control, with the exception of the portion thereof pertaining to
rabies control. Follow-up procedures prescribed by the King County humane
society or the Seattle-King County health department will apply.
2. All police dogs and all dogs being trained as police dogs shall be
exempt from all licensing fees set forth by the King County Code relating to
animal control and the ordinances of the city, but such dogs shall be registered
with those agencies.
E. Penalty. In addition to the penalties set forth in subsection C of this section,
";'""*;""" any violation of this section o~'~" ~- ..... ;~h.~,~ b~,' *h.. ; .... ;*;"" cf C ~;"" cf
, ......... .nco is a misdemeanor punishable in accordance with ACC 1.24.010. (Ord.
4171 §§ 1 - 5, 1986.)
SECTION NINTEEN. That Section 8.04.280 ACC, relating to Food Establishments, is
amended to read as follows:
8.04.280 Violation - Penalty.
.~.=:,, A violation of any of the provisions of this chapter by any person, firm or
corporation ,.,h...,;.....* ...... ~ ..... ... ~-.;.~ + ..... . ..... ~*h .... ..~ *h ...... ;o; .... ~ m~o
~"' C ¢'"" cf "'"* ~""° *~'"" ¢,3c nn ....... *~,,,, ¢~nn nn shall be civil infraction
punishable in accordance with ACC 1.25.050. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code
§ 4.02.360.)
Ordinance No. 5683
June 17, 2002
Page 7
SECTION TWENTY. That Section 8.32.070 ACC, relating to Outdoor Fires, is
amended to read as follows:
8.32.070 Violation - Penalty.
h ..... ;oh~,~ by = ~;.o cf "~'+ .... *~,.~,, ¢~n nn A violation of any of the provisions of
this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050.
(Ord. 3400 § 5, 1979.)
SECTION TWENTY-ONE. That Section 8.40.030 ACC, relating to Jumping from
Bridges, is amended to read as follows:
8.40.030 Violation - Penalty.
.... ~ ........... C.,,v~., ........... ~......,v, .v C,~ +h;.......~ ~.~..-.~.+~r.., '"'~'-~' ~.~'~'~'"..~,. .... ......, ,~.,.--+;+' '+~'.~ ~
,,,,,~_~,,.v~..or,"~i~"4 .....
~...~ .......... h....;..~+~o +~.{~ .-h....+... oh.., h .... ~';""+ +.C +h ..... ~+{~.~- d in .~.CC
~,.2<,0~,0 A vio{ation of anv of the prov{s{ons of this chapter shah be a civil infraction,
punishab{e in accordance with ACC 1.25.050. (Ord. 3886 § 3, 1983.)
SECTION TWENTY-TWO. That Section 8.50.040 ACC, re{ating to Enhanced 911 (E-
911 )Te{ephone System, is amended to read as fo{{ows:
8.50.040 Enforcement -Vio{ation -Pena{ty.
A. No but{ding permit for new construction in which telephone systems will be
installed shall be issued which does not conform to the requirements of this chapter.
B. No certificate of occupancy shall issue for any buildings, structures or
premises in which telephone systems are and/or will be installed where a new certificate
of occupancy is required because of a change in use.
C. The provisions of this chapter and any policies promulgated thereunder shall
be enforced by the fire chief or his designee, except that the fire chief or his designee
may call upon any city department to aid in the implementation and enforcement of this
chapter.
D. Any violation of the provisions of this chapter !~ '~_v~....._'~ ~ ~;,,,~ .... ~_~,~-. ,,;,-,.~+;--.,.,~._..~,,
~,,, h,,+~, .... ~- ~; .... .~ ;,,,,,r; ...... + shall be a misdemeanor punishable in accordance
with ACC 1.24.010.
DE. The fire chief is authorized to adopt policies that are necessary to implement
the requirements of this chapter and to carry out the duties under this chapter. (Ord.
4570 § 2 (Exh. A), 1992.)
SECTION TWENTY-THREE. That Section 10.12.550 ACC, relating to Traffic
Regulations, is amended to read as follows:
O~inance No. 5683
June 17,2002
Page 8
10.12.550 Penalty.
Unless another penalty is expressly provided by law,.....,, ~' ................ ,.v,v..,, ....,,.,v.v_;"+"'~ .., '~ .~ '~
Aviolation of any provision of this chapter or Chapter 10,04 ACC ........ ~. .......... j a
ouch finc 3nd !mpri=c,",mcnt is a civil infraction, punishable in accordance with ACC
1.25.050. (Ord. 5212 § 1 (Exh. E), 1999; 1957 code § 9.04.540.
SECTION TWENTY-FOUR. That Section 10.20,030 ACC, relating to Arterials, is
amended to read as follows:
10.20.030 Violation - Penalty.
A ............ ~--- vic!ores Violation of the provisions of ACC 10.20.020 ~ is ~_...~
,,...-"* ..... -.---.-.-..~,,,~'~"" ..vv~.....e'~nn nn an infraction, subject to penalties in accordance with ACC
1.25,050. (1957 code § 9.14,025.)
SECTION TWENTY-FIVE. That Section 10.32.020 ACC, relating to School Patrol, is
amended to read as follows:
10.32,020 Direction obedience required - Penalty for violation.
No driver of any vehicle shall fail to stop his vehicle when directed to do so by
any school police officer, and shall not again place such vehicle in motion until directed
to do so by such officer. ^ ............ h,. ,,;,..~+ .... ~;lo, ..... ~ ..... ;~h 3ny Violation of
the provisions of this section is -"'n~" cf ~';o'~ ......... '~ .......... ;"+;'-" thcrcof,
oh~n bc .... ~.-h...~ by: ~"~' ~ ........... ~ to ..... '~ $300 00an infraction subject to
penalties in accordance with ACC 1.25.050. (1957 code § 9.18.020.)
SECTION TWENTY-SIX. That Section 10.36,550 ACC, relating to Stopping, Standing
and Parking, is amended to read as follows:
10.36,550 Penalty.
Except as otherwise provided in this chapter, 2,ny,~,~., ......... ...,~"- ,.=..~.~+..~._.~ .... ~. ~..no._,,~ tc
....~,,,,~,~ ..... ..,.,,~+h -"~ .... violation of the provisions of this chapter, c; ,.,h..,,.. ........ ~-,,-~,.-,~' -,-."=a~ cr
infraction, subiect to penalties in accordance with ACC 1.25.050. (Ord. 5212 § 1 (Exh.
F), 1999; Ord. 3013 § 1, 1975; 1957 cede § 9.22.310.)
~ Note: ACC 10.20.020 reads as follows:
10.20.020 Procedure on entering.
The operator of any motor vehicle entering upon any street or avenue in the city designated in this chapter
as an arterial main-traveled highway, from a public or private highway, road, street, way or driveway, shall yield the
right-of-way to vehicles on such arterial main-traveled highway and shall come to a full stop thereat when and
where signs, posts or other markers so direct or indicate. (1957 code § 9.14.020.)
Ordinance No. 5683
June 17, 2002
Page 9
SECTION TWENTY-SEVEN. That Section 10.40.090 ACC, relating to Off-Street
Parking, is amended to read as follows:
10.40.090 Violation - Penalty.
pt th p id d i thi pte .............~'" ";"~"~'-~ c; f'-;~o ~.
Exce aso erwise rove n scha r,..,,:,. ..........................
pt .....,h...-..,...o~...
....v....,,.,:' ..... .....,;*~' "'v .... A violation of the provisions of this cha er .................. .~,.... or
..,,~,,o~'~ll wv ~' .... ~w,~.~';""~ *.c .." ~;"",,,... cf ..¢~nn..-...vvnn is an infraction, subject to penalties in accordance
with ACC 1.25.050. (Ord. 5111 § 2, 1998; Ord. 3014 § 1, 1975; 1957 code § 9.26.040.)
SECTION TWENTY-EIGHT. That Section 10.52.040 ACC, relating to Compression
Brakes, is amended to read as follows:
10.52.040 Violation - Penalty.
a ..............,.v~--- .,;'-~-* ...... Violation of the provisions of this chapter v, .....
......~'"
~.....,'"'~' ~:,..... .... ~.._'~ ..,.~......,,.,.~...~"~"~ ...... ~ is an infraction, subject to penalties in ~ccordance with
ACC 1.25.050. (lg57 code § g.38,040.)
SECTION TWENTY-NINE. That Section 10.55,210 ACC, relating to Bicycles, is
amended to read as follows~
10.56.210 Violation - Penalty.
.... · ~. ................ ~. ................. o ~n olation of the provisions of this
~ an infraction, subiect to penalties in accordance with ACC 1.25.050.
(Ord. 2763 § 1, lg73~ lg§7 code § 6.08.240.)
SECTION THIRTY. That Section 10.58.050 ACC, relating to Skateboards, Roller
Skates and Coasters, is amended to read as follows:
10.68.0,50 Violation - Penalty.
Any~.~,v~.. ........ -.~,~-,..s~"~°+~ ........... ~.., ~.....,..,~,,~o~'-'~ violation of the provisions of this chapter
sf sst ~srs t~s $~,09.~9 is an infraction, subject to penalties in accordance with ACC
1.25.05. Further, ~ml-pe~-~l~-such violation shall subject the device ridden to
the-impound for a period of 10 days sf tSs ~s':!cs r!~s~ ~t sommencin,q as of the time
of violation, rs.~ s~...."^':"'~.~ sf !0 ~ '~ .... ~. (Ord. 4388 § 1, lg8g.)
Ordinance No. 5683
June 17, 2002
Page 10
SECTION THIRTY-ONE. That Section 10.64.130 ACC, relating to Parades, is
amended to read as follows:
10.64.130 Violation - Penalty.
~"" ~"'~"~'~'"'~ "~"~"*~ ...... Violation of the provisions of this chapter-shall-be
o,,,~/,,, 90 '~ .... ~" *~' "~*" ;"~ is an infraction, subject to penalties in accordance with
ACC 1.25.050. (Ord. 3311 § 13, 1978.)
SECTION THIRTY-TWO. That Section 10.68.040 ACC, relating to Sitting Or Lying On
Public Sidewalks In Downtown And Neighborhood Commercial Zones, is amended to
read as follows:
10.68.040 Penalty.
A. The violation of this chapter shall be a civil infraction as contemplated by
Chapter 7.80 RCW, Civil Infractions, and deemed to be a Class 3 civil infraction under
RCW 7.80.120(C) and shall subject the violator to a maximum penalty and a default
amount of $50.00 plus statutory assessments. If the person is unable to pay the
monetary penalty, the court may order performance of a number of hours of community
service in lieu of a monetary penalty.
B. As contemplated by RCW 7.80.060,
1. ~The refusal to sign a notice of civil infraction when
requested to do so by the law enforcement officer issuinq the notice of infraction
is a misdemeanor punishable in accordance with ACC 1.24.010; and
The ................ j ........ willful violation by a person to whom a notice
of infraction has been issues, of his or her written and signed promise to appear
in court or his or her written and signed promise to respond to a notice of civil
infraction isu_,,.j~"';"" v, '~ ~ ,,,,v_~,,,~_,,..,'-~;o'~ ....... a misdemeanor punishable in accordance
with ACC 1.24.010, regardless of the disposition of the notice of civil infraction.
(Ord. 5320 § 1, 1999.)
SECTION THIRTY-THREE. That Section 12,12,240 ACC, relating to Sidewalks, is
amended to read as follows:
12.12.240 Violation - Penalty.
A.. ^,.,~ ........... ~.v,w., .,~.~.,,,~;'""*~ ...... _..~ Violation of the provisions of this ..........~;~^ Chapteris
me~e~aw~Aq;~ is an infraction, subiect to penalties in accordance with ACC
1.25.050, and each day in violation shall be considered a separate offense.
B. In addition to the penalties provided in subsection ^, if the owner or permittee
fails to construct a sidewalk in the time and manner specified in the permit issued
pursuant to this article, the city council, pursuant to Chapter 35.70 RCW, shall order the
sidewalk to be constructed under the supervision of the city engineer, and the costs
Ordinance No. 5683
June 17, 2002
Page 11
shall be assessed against and become a lien upon the land of the property owner
abutting the sidewalk to be constructed. (Ord. 3926 § 11, 1983.)
SECTION THIRTY-FOUR. That Section 13.12.090 ACC, relating to Protection of the
City's Water Supply, is amended to read as follows:
13.12.090 Violation - Penalty.
A ............ ~'" ";"~"*"~ cn~,' Violation of the provision of this chapter is ", ,"*,, of
such fi.-.~ =.-.d !m~.r!cc.-.m~,-.t an infraction, subject to penalties in accordance with ACC
1.25.050. (1957 code § 10.12.050.)
SECTION THIRTY-FIVE. That Section 15.08.020 ACC, relating to the Building Code, is
amended to read as follows:
15.08.020 Section 104 amended - Appeals.
Section 104 of the Uniform Building Code, is amended to read as follows:
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide appeals of orders,
decisions or determinations made by the building official relative to the
application and interpretation of this code, except as provided in Chapter 70.92
RCW, a hearing examiner shall be appointed by the Mayor for a period of five
years and subject to confirmation by the Auburn City Council. In the event that
the appointed examiner is unable to perform the duties as hereinafter described,
for whatever reason, or in the event of a vacancy in office, the Mayor shall
appoint an examiner pro tem who shall have the authorities herein provided and
shall serve the balance of the hearing examiner's term.
2. Removal and Qualifications. The examiner or the examiner pro tern
may be removed from office by the mayor with approval by the city council for
cause, including but not limited to malfeasance, misconduct, neglect of duties,
unexcused absence, criticism of public officials or public employees if such
criticism is injurious to the requisite working relationship between hearing
examiner and the public official or public employee to the extent of influencing
the public perception of the objectivity of the hearing examiner, or any other act
that is perceived as not in the best interests of the City. The examiner and the
examiner pro tem shall be appointed solely with regard to their qualifications for
the duties of the office which shall include, but not be limited to, appropriate
educational experience such as construction technology and land use law,
interpretation and application of the Uniform Building Code and other technical
codes, and public administration. Wherever feasible, the Mayor shall endeavor to
appoint qualified candidates who reside in the Auburn area.
3. Duties. The examiner pro tern, in the event of the absence or inability of
the examiner to act, shall have all the duties and powers of the examiner. The
Ordinance No. 5683
June 17, 2002
Page 12
examiner shall conduct an appeal hearing as provided herein, enter findings of
fact, and conclusions of law based upon those facts and a decision which is final
action subject to appeal as provided herein.
4. Conflict of Interest. The examiner shall not conduct or participate in any
hearing or decision in which the examiner has a direct or indirect personal
interest which might exert such influence upon the examiner that might interfere
with his decision-making progress. Any actual or potential conflict of interest shall
be disclosed by the Headng Examiner to the parties immediately upon discovery
of such conflict. Participants in the hearing process have the right, insofar as
possible, to have the examiner free from personal interest or pro-hearing
contacts on issues considered by him/her. It is recognized that there is a
countervailing public right to free access to public officials on any matter. If such
personal or pro-hearing interest contact impairs the examiner's ability to act on
the matter, the hearing examiner shall state and shall abstain therefrom to the
end that the proceeding is fair and has the appearance of fairness, unless all
parties agree in writing to have the matter heard by said examiner. If all parties
do not agree and the hearing examiner must abstain, the Mayor shall be notified
and the Mayor shall appoint a hearing examiner pro tern to sit in the hearing
examiner's stead.
5. Freedom from Improper Influence. No council member, City official, or
any other person shall attempt to interfere with, or improperly influence the
examiner or examiner pro temporo in the performance of his/her designated
duties.
6. Duties of the Examiner - Applications and Decisions. For cases and
actions as prescribed by ordinance, the Examiner shall receive and examine
available information, conduct public hearings, prepare a record thereof, and
enter findings of fact, conclusions based upon those facts, and a decision. As
provided herein, such decision is final action subject to appeal as provided
herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or
determination made by the building official relative to the application and
interpretation of this code may appeal such determination or decision
under this code by paying the Two Hundred Fifty Dollar ($250.00) filing fee
and filing at the office of the building official a written application of appeal
containing:
1. A heading in the words: "Before the Hearing Examiner of
the City of Auburn".
2. A caption reading: "Appeal of Building Official Decision or
Determination," giving the names of all appellants participating in
the appeal.
3. A brief statement setting forth the legal interest of each of
the appellants in the building or the land involved in the
determination or decision.
O~inanceNo. 5683
June 17,2002
Page 13
4. A brief statement in ordinary and concise language of the
specific action protested, together with any material facts claimed to
support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the
relief sought and the reasons why it is claimed the protested action
should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and
their official mailing addresses.
7. The verification (by declaration under penalty of perjury) of
at least one appellant as to the truth of the matters stated in the
appeal.
b. The application of appeal shall be filed within 30 days from the
date of the building official's determination or decision; provided, however,
that if a building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or adjacent
property and is ordered vacated, such application of appeal shall be filed
within 10 days from the date of the building official's decision or
determination.
8. Processing Application of Appeal. Upon receipt of any application of
appeal filed pursuant to this section together with the Two Hundred Fifty Dollar
($250.00) filing fee, the building official shall within two (2) working days of
receipt of an application determine whether the application is complete, if
complete, the application shall be accepted. If not complete, the building official
shall request that the applicant provide additional information as necessary to
complete the application. The applicant shall be advised of the date of
acceptance of the application.
9. Scheduling and Noticing Appeal for Hearing. As soon as practicable
after acceptance of the written application of appeal, the examiner shall fix a
date, time and place for the hearing of the appeal. Such date shall be not less
than 10 days nor more than 90 days from the date the application of appeal was
filed with the building official. Written notice of the time and place of the hearing
shall be given at least 10 days prior to the date of the hearing to each appellant
by the examiner either by causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy thereof, postage prepaid, addressed to
the appellant at his address shown on the appeal.
10. Effect of Failure to Appeal. Failure of any person to file an appeal in
accordance with provisions of this section shall constitute a waiver of any right to
an administrative hearing and adjudication of the building official's decisions or
determinations.
11. Scope of Hearing on Appeal. Only those matters or issues specifically
raised by the appellant shall be considered in the hearing of the appeal.
12. Hearing Procedures:
Ordinance No. 5683
June 17, 2002
Page 14
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 examiner.
b. Reporting. The proceedings at the hearing shall also be reported
by a phonographic reporter if requested by any party thereto. 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 examiner, but shall in no event be greater than the cost
involved.
c. Continuances. The examiner may grant continuances for good
cause shown.
d. Oaths - Certification. In any proceedings under this section, the
examiner has the power to administer oaths and affirmations and to certify
to official acts.
e. Reasonable Dispatch. The examiner shall proceed with
reasonable dispatch to conclude any matter before it. Due regard shall be
shown for the convenience and necessity of any parties or their
representatives.
f. Notice of Hearing. The notice to appellant shall be substantially in
the following form, but may include other information:
"You are hereby notified that a hearing will be held before (name of
hearing examiner) at on the day of ,
-1920 at the hour of , upon the notice and order served upon you.
You may be present at the hearing. You may present any relevant
evidence and will be given full opportunity to cress-examine all witnesses
testifying against you. You may request the issuance of subpoenas to
compel the attendance of witnesses and the production of books,
documents or other things by filing an affidavit therefor with (name of
hearing examiner)."
g. Subpoenas.
1. The examiner may issue subpoenas for the attendance of
witnesses or the production of other evidence at a hearing upon the
written demand of any party. The issuance and service of such
subpoena shall be obtained upon the filing of an affidavit therefor
which states the name and address of the proposed witness;
specifies the exact things sought to be produced and the materiality
thereof in detail to the issues involved; and states that the witness
has the desired things in his possession or under his control. A
subpoena need not be issued when the affidavit is defective in any
particular.
2. Penalties. Any person who refuses without lawful excuse
to attend any hearing or to produce material evidence in his
possession or under his control as required by any subpoena
served upon such person as provided for herein shall be guilty of a
Ordinance No. 5683
June 17, 2002
Page 15
misdemeanor ~punishable as provided in ACC
1.24.010.
h. Conduct of Hearing.
1. Rules. Headngs need not be conducted according to the
technical rules relating to evidence and witnesses.
2. Oral Evidence. Oral evidence shall be taken only on oath
or affirmation.
3. 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.
4. 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.
5. Exclusion of Evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
6. Rights of Parties. Each party shall have these rights
among others:
(a) To call and examine witnesses on any matter
relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any
matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which party
first called him to testify;
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by
anyone of his choice who is lawfully permitted to do so.
7. Official Notice.
(a) 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.
(b) 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.
(c) Opportunity to refute. Parties present at the
hearing shall be given a reasonable opportunity, on request,
Ordinance No. 5683
June 17, 2002
Page 16
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.
(d) Inspection of the premises. The hearing examiner
may inspect any building or premises involved in the appeal
during the course of the hearing, provided that (i) notice of
such inspection shall be given to the parties before the
inspection is made, (ii) the parties are given an opportunity
to be present during the inspection, and (iii) or 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.
8. Limitation of Testimony. The examiner has the right to
limit the time a witness may testify.
13. Form and Effective Date of Decision. The decision shall be in writing
and shall contain findings of fact, conclusions of law, a determination of the
issues presented, and the requirements to be complied with. A copy of the
decision shall be delivered to the appellant personally or sent to him by certified
mail, postage prepaid, return receipt requested. The effective date of the decision
shall be as stated therein.
14. Rights Granted - Right to 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 examiner or examiner pre tem shall be final and
exclusive. A writ of review must be sought in the Superior court of King or Pieme
County, if at all, by an aggrieved party or person.
15. Limitations of Authority. The examiner shall have no authority relative
to interpretation of the administrative provisions of this code or the technical
codes nor shall the examiner be empowered to waive requirements of this code
orthe technical codes. (Ord. 5212 § 1 (Exh. K), 1999.)
SECTION THIRYTY-SIX. That Section 15.36.020 ACC, relating to the Fire Code, is
amended to read as follows:
15.36.020 Section 103.1.4 amended - Appeals.
Uniform Fire Code Section 103.1.4, is amended to read as follows:
A. Appeal to Hearing Examiner.
1. Appointment and Term. In order to hear and decide appeals of orders,
decisions or determinations made by the fire chief relative to the application and
interpretation of this code, a hearing examiner shall be appointed by the Mayor
for a period of five years and subject to confirmation by the Auburn City Council.
In the event that the appointed examiner is unable to perform the duties as
hereinafter described, for whatever reason, or in the event of a vacancy in office,
Ordinance No. 5683
June 17, 2002
Page 17
the Mayor shall appoint an examiner pro tem who shall have the authorities
herein provided.
2. Removal and Qualifications. The examiner or the examiner pro tern
may be removed from office by the mayor with approval by the city council for
cause, including but not limited to malfeasance, misconduct, neglect of duties,
unexcused absence, criticism of public officials or public employees if such
criticism is injurious to the requisite working relationship between hearing
examiner and the public official or public employee to the extent of influencing
the public perception of the objectivity of the hearing examiner, or any other act
that is perceived as not in the best interests of the City. The examiner and the
examiner pro tem shall be qualified by experience and training to pass upon
pertinent matters in the fire code. Wherever feasible, the Mayor shall endeavor to
appoint qualified candidates who reside in the Auburn area.
3. Duties. The examiner pro tem, in the event of the absence or inability of
the examiner to act, shall have all the duties and powers of the examiner. The
examiner shall conduct an appeal hearing as provided herein, enter findings of
fact, and conclusions of law based upon those facts and a decision which is
advisory to the fire chief and subject to appeal as provided herein.
4. Conflict of Interest. The examiner shall not conduct or participate in any
hearing or decision in which the examiner has a direct or indirect personal
interest which might exert such influence upon the examiner that might interfere
with his/her decision-making process. Any actual or potential conflict of interest
shall be disclosed by the Hearing Examiner to the parties immediately upon
discovery of such conflict. Participants in the hearing process have the right,
insofar as possible, to have the examiner free from personal interest or pre-
hearing contacts on issues considered by him/her. It is recognized that there is a
countervailing public right to free access to public officials on any matter. If such
personal or pre-hearing interest contact impairs the examiner's ability to act on
the matter, the hearing examiner shall state and shall abstain therefrom to the
end that the proceeding is fair and has the appearance of fairness, unless all
parties agree in writing to have the matter heard by said examiner. If all parties
do not agree and the hearing examiner must abstain, the Mayor shall be notified
and the Mayor shall appoint a hearing examiner pro tem to sit in the hearing
examiner's stead.
5. Freedom from Improper Influence. No council member, City official, or
any other person shall attempt to interfere with, or improperly influence the
examiner or examiner pro tempore in the performance of his/her designated
duties.
6. Duties of the Examiner. Applications and decisions. For cases and
actions as prescribed by ordinance, the Examiner shall receive and examine
available information, conduct public hearings, prepare a record thereof, and
enter recommended findings of fact, conclusions of law based upon those facts
and a recommended decision to the fire chief. The fire chief may affirm, reverse
or modify the Examiner's recommended findings of fact, conclusions of law and
O~inanceNo. 5683
June 17,2002
Page 18
decision. The fire chiefs action on the Examiner's recommended findings of fact,
conclusions of law and decision is final action subject to appeal as provided
herein.
7. Application of Appeal and Filing Fee.
a. Form of Appeal. Any person receiving a decision or
determination made by the fire chief or his designee relative to the
application and interpretation of this code may appeal such determination
or decision under this code by paying the Two Hundred Fifty Dollar
($250.00) filing fee and filing at the office of the fire chief a written
application of appeal containing:
1. A heading in the words: "Before the Hearing Examiner of
the City of Auburn".
2. A caption reading: "Appeal of Fire Chief Decision or
Determination," giving the names of all appellants participating in
the appeal.
3. A brief statement setting forth the legal interest of each of
the appellants in the building or the land involved in the
determination or decision.
4. A brief statement in ordinary and concise language of the
specific action protested, together with any material facts claimed to
support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the
relief sought and the reasons why it is claimed the protested action
should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and
their official mailing addresses.
7. The verification (by declaration under penalty of perjury) of
at least one appellant as to the truth of the matters stated in the
appeal.
8. The application of appeal shall be filed within 30 days
from the date of the fire chiefs determination or decision; provided,
however that if a building or structure is in such condition as to
make it immediately dangerous to the life, limb, property or safety
of the public or adjacent property and is ordered vacated, such
application of appeal shall be filed within 10 days from the date of
the fire chiefs decision or determination.
b. Processing Application of Appeal. Upon receipt of any
application of appeal filed pursuant to this section together with the Two
Hundred Fifty Dollar ($250.00) filing fee, the fire chief shall within two (2)
working days of receipt of an application determine whether the
application is complete. If complete, the application shall be accepted. If
not complete, the fire chief shall request that the applicant provide
additional information as necessary to complete the application. The
applicant shall be advised of the date of acceptance of the application.
Ordinance No. 5683
June 17, 2002
Page 19
c. Scheduling and Noticing Appeal for Hearing. As soon as
practicable after acceptance of the written application of appeal, the
examiner shall fix a date, time and place for the hearing of the appeal.
Such date shall be not less than 10 days nor more than 90 days from the
date the application of appeal was filed with the fire chief. Written notice of
the time and place of the headng shall be given at least 10 days prior to
the date of the hearing to each appellant by the examiner either by
causing a copy of such notice to be delivered to the appellant personally
or by mailing a copy thereof, postage prepaid, addressed to the appellant
at his address shown on the appeal.
8. Effect of Failure to Appeal. Failure of any person to file an appeal in
accordance with provisions of this section shall constitute a waiver of any right to
an administrative headng and adjudication of the fire chief's decisions or
determinations.
9. Scope of Hearing on Appeal. Only those matters or issues specifically
raised by the appellant shall be considered in the hearing of the appeal.
10. Hearing Procedures:
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 examiner.
b. Reporting. The proceedings at the hearing shall also be reported
by a phonographic reporter if requested by any party thereto. A transcript
of the proceedings shall be made available to all parties upon request and
upon payment of the fee prescribed therefor. Such fee may be established
by the examiner, but shall in no event be greater than the cost involved.
c. Continuances. The examiner may grant continuances for good
cause shown.
d. Oaths - Certification. In any proceedings under this section, the
examiner has the power to administer oaths and affirmations and to certify
to official acts.
e. Reasonable Dispatch. The examiner shall proceed with
reasonable dispatch to conclude any matter before it. Due regard shall be
shown for the convenience and necessity of any parties or their
representatives.
f. Notice of Heating. The notice to appellant shall be substantially in
the following form, but may include other information:
"You are hereby notified that a hearing will be held before (name of
hearing examiner) at on the __ day of ., -1920 , at
the hour of , upon the notice and order served upon you. You may be
present at the hearing. You may present any relevant evidence and will be
given full opportunity to cross-examine all witnesses testifying against you.
You may request the issuance of subpoenas to compel the attendance of
witnesses and the production of books, documents or other things by filing
an affidavit therefor with (name of hearing examiner)."
Ordinance No. 5683
June 17, 2002
Page 20
g. Subpoenas.
1. The examiner may issue subpoenas for the attendance of
witnesses or the production of other evidence at a hearing upon the
written demand of any party. The issuance and service of such
subpoena shall be obtained upon the filing of an affidavit therefor
which states the name and address of the proposed witness;
specifies the exact things sought to be produced and the materiality
thereof in detail to the issues involved; and states that the witness
has the desired things in his possession or under his control. A
subpoena need not be issued when the affidavit is defective in any
particular.
2. Penalties. Any person who refuses without lawful excuse
to attend any hearing or to produce material evidence in his
possession or under his control as required by any subpoena
served upon such person as provided for herein shall be guilty of a
misdemeanor aad~penal~z~punishable as provided in ACC
1.24.010.
h. Conduct of Hearing.
1. Rules. Hearings need not be conducted according to the
technical rules relating to evidence and witnesses.
2. Oral Evidence. Oral evidence shall be taken only on oath
or affirmation.
3. 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.
4. 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 sedous 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.
5. Exclusion of Evidence. Irrelevant and unduly repetitious
evidence shall be excluded.
6. Rights of Parties. Each party shall have these rights
among others:
(a) To call and examine witnesses on any matter
relevant to the issues of the hearing;
(b) To introduce documentary and physical evidence;
(c) To cross-examine opposing witnesses on any
matter relevant to the issues of the hearing;
(d) To impeach any witness regardless of which party
first called him to testify;
Ordinance No. 5683
June 17, 2002
Page 21
(e) To rebut the evidence against him;
(f) To represent himself or to be represented by
anyone of his choice who is lawfully permitted to do so.
7. Official Notice.
(a) 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.
(b) 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.
(c) 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.
(d) Inspection of the premises. The hearing examiner
may inspect any building or premises involved in the appeal
during the course of the hearing, provided that (i) notice of
such inspection shall be given to the parties before the
inspection is made, (ii) the parties are given an opportunity
to be present during the inspection, and (iii) or 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.
8. Limitations of Testimony. The examiner has the right to limit the time a
witness may testify.
g. Form and Effective Date of Decision. Both the Hearing Examiner's
recommended decision and the Fire Chief's final decision shall be in writing and
shall contain findings of fact, conclusions of law, a determination of the issues
presented, and the requirements to be complied with. A copy of the
recommended decision and the final decision shall be delivered to the appellant
personally or sent to him by certified mail, postage prepaid, return receipt
requested. The effective date of the final decision shall be as stated therein.
10. Rights Granted - Right to 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 examiner or examiner pre tern shall be advisory to the
fire chief and the fire chief's decision shall be final and exclusive. ^ writ of review
must be sought in the Superior Court of King or Pierce County, if at all, by an
aggrieved party or person.
Ordinance No. 5683
June 17, 2002
Page 22
11. Limitations of Authority. The examiner shall have no authority relative
to interpretation of the administrative provisions of this code or the technical
codes nor shall the examiner be empowered to waive requirements of this code
orthe technical codes. (Ord. 5212 § 1 (Exh. L), 1999; Ord. 5186 § 2, 1998; Ord.
4778 § 2, 1995.)
SECTION THIRYTY-SEVEN. That Section 15.40.090 ACC, relating to the Smoke
Detectors, is amended to read as follows:
15.40.090 Violation - Penalty.
.... · ~C,"~C,'3, ......... ~ ~,,~ r- .............
~, ..... {*~,,,,~ ~,,, ~ ~i,,,, ,,~ n,,+ .... +~,.,,, mqnn nn A violation of any of the provisions of
this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050..
(Ord. 4270 § 9, 1988.)
SECTION THIRYTY-EIGHT. That a new Section 15.06.040 ACC, relating to the Smoke
Detectors, is amended to read ss follows:
15.06.040 Penalties and enforcement.
A. Unless specifically directed or assigned otherwise, violations of or failures to
comply with any of the Codes adopted by this Chapter shall be prosecutable in the
Auburn Municipal Court.
B. Unless a different City penalty is specifically provided for a violation of or
failure to comply with any of the Codes adopted by this Chapter, violations of and
failures to comply with the requirements of the Codes adopted by this Chapter shall
constitute offenses of the same description, class and cateqory of offense as is
indicated in the adopted code. The penalty for any such offense identified or identifiable
as a misdemeanor for which no penalty is specifically provided shall be punishable by
imprisonment in the appropriate City or County {ail 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
imerisonment. The penalty for any such offense identified or identifiable as a qros,~
misdemeanor for which no penalty is specifically provided shall be 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.
The penalty for any such offense identified or identifiable as an infraction for which no
penalty is specifically provided shall be punishable shall be punishable in accordance
with ACC 1.25.050.
C. The penalty provisions hereof are in addition to other enforcement and
remedy provisions of the Codes adopted by this Chapter and of the Chapters of this
Title.
SECTION THIRYTY-NINE. That Chapter 10.60 ACC, relating to the Motorcycles, is
repealed.
Ordinance No. 5683
June 17,2002
Page 23
020 ~*~*~ ~*"*"*~ ~;~" ~""d
SECTION FORTY, 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 FORTY-ONE. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION FORTY-'I'VVO. EFFECTIVE DATE,
That this Ordinance shall be in full force and effect five (5) days after publication of the
Ordinance Summary.
INTRODUCED: JUL ] 6 2002
PASSED: JUL 1 Ii 2002
APPROVED:
Ordinance No. 5683
June 17, 2002
Page 24
ATTEST:
Dan~lelle E. Daskam, City Clerk
APPROVED AS TO FORM:
Ordinance No. 5683
June 17, 2002
Page 25