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ORDINANCE NO.5 8 3 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
1.25.010, 1.25.050, 1.25.060, 8.04.280, 8.12.020,
8.12.080, 8.20.030, 8.28.020, 8.32.070, 8.40.030,
9.66.020 and 9.66.900 OF THE AUBURN CITY CODE
RELATED TO NUISANCE PENALTIES
WHEREAS, the citizens of the City deserve and should expect to have their
neighbors maintain their property and conduct themselves in a manner so as not to
unreasonably interfere with the quiet enjoyment of property within the City and activities
thereon; and
WHEREAS, in order to promote proper conduct and to reduce consequences of
misconduct, the current provisions of the Auburn City Code include language that
impose penalties for certain public nuisances, and that address methods for
enforcement thereof; and
WHEREAS, while most persons who are contacted with nuisance type
complaints promptly comply with corrective action, that is unfortunately not always the
case; and
WHERERAS, because some violators do not respond, even when their nuisance
(civil) infraction cases are filed in the Auburn Municipal Court, it is appropriate that the
City Code have additional enforcement tools, such as escalating repeat violations to
criminal misdemeanors, this in addition to other enforcement methodologies and
strategies available under the law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance No. 5837
March 30, 2004
Page 1
Section 1. AMENDMENT TO CITY CODE. That Section 1.25.010 of the Auburn
City Code, relating to Civil Penalties, is hereby amended to read as follows:
1.25.010 Purpose.
It is the purpose of this chapter to qenerallv 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. 5677 § 2, 2002; Ord. 5667 § 1,2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1,1991.)
Section 2. AMENDMENT TO CITY CODE. That Section 1.25.050 of the Auburn
City Code, relating to Civil Penalties, is hereby amended to read as follows:
1.25.050 Penalties for infractions.
Unless otherwise specifically provided in connection with particular sections,
chapters or titles of the city code, noncriminal violations of the city code shall be
infractions and shall carry a maximum penalty of $250.00. Each day, location, violator
and incident shall constitute a separate civil infraction.
It is provided, however, that if the same violator has been found, in any court of
competent jurisdiction, to have previouslv committed an infraction violation for the same
or similar conduct three (3) or more separate times, with the infraction violations
occurrinq at the same location and involvinq the same or similar Sections of Title 5, 6, 8,
10, 12, 13, 15, 16, 17 or 18 of the City Code, or other similar code(s), any further
violations shall constitute misdemeanors, punishable as provided in ACC 1.24.010. For
the purposes hereof, it shall be prima facie evidence that the same violator has
previouslv been found to have committed any infraction if a certified copy of the
iudqment, docket or other court document showinq that such violation was found
committed is filed with the court. (Ord. 5677 § 2, 2002.)
Section 3. AMENDMENT TO CITY CODE. That Section 1.25.060 of the Auburn
City Code, relating to Civil Penalties, is hereby amended to read as follows:
1.25.060 Uncorrected violations.
In addition to any other enforcement actions available to the City, Ulf...a violation
on a parcel of property is not corrected within the specified time frame of the notice(s)
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Ordinance No. 5837
March 30,2004
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and/or decision of the court then no further permits or approvals shall be issued by the
city on the subject parcel until all violations have been corrected, or brought into
compliance with the decision of the court. (Ord. 5677 § 2, 2002.)
Section 4. AMENDMENT TO CITY CODE. That Section 8.04.280 of the Auburn
City Code, relating to Food Establishments, is hereby 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 shall be a civil infraction, punishable in accordance with ACC 1.25.050,
except as provided in Section, except as provided in ACC 1.25.050. (Ord. 5683 § 19,
2002; Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.360.)
Section 5. AMENDMENT TO CITY CODE. That Section 8.12.020 of the Auburn
City Code, relating to Food Establishments, is hereby amended to read as follows:
8.12.020 Nuisances affecting public health and safety.
Acts or omissions, places, conditions and things or uses that injure or endanger
the safety, health, welfare, comfort or general well being of the general public or the
environment, are declared to be public nuisances. Public nuisances include, but are not
limited to, the following:
A. The erecting, maintaining, using, placing, depositing, causing, allowing,
leaving, or permitting to be or remain in or upon any private lot, building, structure, or
premises, or in or upon any street, avenue, alley, park, parkway, or other public or
private place in the city, anyone or more of the following places, conditions, things or
acts to the prejudice, danger, or annoyance of others, or that interfere with safe travel;
B. Privies, vaults, cesspools, sumps, pits, wells or cisterns or like places which
are not securely protected from insects, rodents, or other pests;
C. Filthy, littered or trash-covered premises, including all buildings and structures
thereon and areas adjacent thereto;
D. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal,
articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken
plaster and all other trash or abandoned material unless the same are kept in covered
bins or metal receptacles approved by the city; provided, that any such receptacles
approved by the King County or Pierce County health officer or designee shall be
deemed approved by the city;
E. Trash, litter, rags, debris, accumulations of empty barrels, boxes, crates,
packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing
material, lumber not neatly piled, or other material, which provides harborage for
insects, rodents, or other pests;
F. Any unsightly and dangerous building, billboard or structure, as determined by
the city building official;
G. All places used or maintained as junk-yards or dumping grounds, or for the
wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors or
machinery of any kind, or for the storing or leaving of worn out wrecked or abandoned
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Ordinance No. 5837
March 30, 2004
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automobiles, trucks, tractors or machinery of any kind or of any of the parts thereof, or
for the storing or leaving of any machinery or equipment used by contractors or builders
or by other persons, which places are kept or maintained so as to provide harborage for
insects, rodents or other pests, excluding properly zoned and licensed wrecking yards,
junk-yards or machinery being used;
H. Garbage disposed of in any manner other than provided in the solid waste
code (Chapter 8.08 ACC);
I. Garbage cans which are not impervious to rodent gnawing or do not have tight-
fitting lids;
J. Any putrid, unsound or unwholesome bones, meat, hides, skins or the whole
or any part of any dead animal, fish or fowl, butchers' trimmings or offal, or any waste
vegetable or animal matter in any quantity, garbage human excreta or other offensive
substance; provided, nothing in this subsection shall prevent the temporary retention of
waste in a manner approved by the mayor or designee;
K. Blackberry vines or any tall grass or weeds which are infested with insects,
rodent or other pests;
L. Grass clippings, cut brush or cut weeds which may create an insect or rodent
harborage;
M. Nests, colonies, hives or apiaries of bees, Africanized honey bees, yellow
jacket, hornets or wasps which are not in full compliance with Chapter 15.60 RCW or
Chapter 16-602 WAC, or which are not in full compliance with the city's zoning and land
use codes or with the city's business licensing and registration codes; aRG
N. Any accumulation of combustible, explosive or flammable substances which
are stored in a way that poses a threat or danger to life or property.,.~
O. Ditches, holes, pits, accumulations of debris, dirt or construction materials or
other materials, or breaks in impervious surface in any public riqht-of-wav, or any other
condition that obstructs or interferes with safe pedestrian or vehicular travel on or alonq
said riqht-of-wav: and
P. Failure, after reasonable notice, to restore a City street, sidewalk or related
infrastructure facilitv to City standards after havinq destroyed, disrupted or adverselv
impacted such street, sidewalk or related infrastructure facilitv from its use for safe
public travel.
Q. It is also a public nuisance to store, keep or allow junk to accumulate unless
within a building or outdoor storage yard; provided further, that the building and/or
outdoor storage yard must otherwise meet all other applicable requirements of the city
including allowing for the storage of junk. For the purposes hereof, "junk" means old,
unusable or discarded appliances, furniture, scrap wood, paper, cardboard, glass,
demolition debris, rubber, metal, equipment, tires, machinery, toys, building materials
(except for materials being used for an immediate construction project on the premises),
woody debris, batteries, barrels, cans, motor vehicle parts, rags or similar items. The
term junk also includes travel trailers, boats and boat trailers, truck campers, utility
trailers, tent trailers or similar vehicles that are in disrepair, in an obvious state of
abandonment, or that cannot legally be operated on public streets, roads or highways.
The term junk does not include recyclable items that are associated with a permitted
recycling industry; provided, that the indiscriminate storage of recyclables in areas not
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Ordinance No. 5837
March 30, 2004
Page 4
otherwise allowed for storage will be considered junk and a public nuisance. (Ord. 5747
§ 1,2003; Ord. 2904 § 1,1976; 1957 code § 7.04.280.)
Section 6. AMENDMENT TO CITY CODE. That Section 8.12.080 of the Auburn
City Code, relating to Public Nuisances, is hereby amended to read as follows:
8.12.080 Abatement by city - Costs liability.
If within three days after receiving a proper notice in writing for the abatement of
any nuisance detrimental to health and welfare of the public, or source of filth as
hereinabove defined, such notice to be signed by the city health officerMavor or
desiqnee, the person owning, occupying or controlling such premises fails, neglects or
refuses to remove the same, such nuisance may be removed or abated by order of the
health officer Mavor or desiqnee, and the person on whom such notice for the removal
of same was served, in addition to incurring the penalty provided, shall become
indebted to the city for the damages, costs and charges incurred by the city in the
removal of such nuisance. Such costs and charges are to be recovered by a civil action
brought by the city against the person so served with such notice, which action the
Mavor or desiqnee is authorized to brinq for and on behalf of the city. The Mavor or
desiqnee is also authorized to file a lien aqainst the property on which the nuisance was
abated, or on the adjacent property where the nuisance was located on public property
or on public riqht-of-way and where the nuisance was caused by or on behalf of the
owner of the adjacent property, which lien shall be in the amount of the city's costs in
abatinq the nuisance, and in enforcinq the lien. In any such abatement bv the city, the
city shall also be entitled to interest accruinq at the rate of twelve percent (12%) per
annum from the time of the expenditure of funds bv the city for such abatement. (Ord.
5747 § 1,2003; 1957 code § 7.04.330.)
Section 7. AMENDMENT TO CITY CODE. That Section 8.20.030 of the Auburn
City Code, relating to Vegetation, is hereby amended to read as follows:
8.20.030 Violation - Penalty.
The code enforcement official, or his designee, pursuant to the provisions of
Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or
vacant private property within the city or the agent of such owner to properly cut and
remove all grass, weeds and brush growing in violation of ACC 8.20.010 and 8.20.020
which is dangerous to public health, safety and welfare. A violation of any of the
provisions of this chapter bv any person, firm or corporation shall be a civil infraction,
punishable in accordance with ACC 1.25.050, except where the violation is desiqnated
as a misdemeanor as provided in ACC 1.25.050. (Ord. 5747 § 3, 2003; Ord. 4504 § 10,
1991; Ord. 4040 § 2, 1985.)
Section 8. AMENDMENT TO CITY CODE. That Section 8.28.020 of the Auburn
City Code, relating to Noise, is hereby amended to read as follows:
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Ordinance No. 5837
March 30, 2004
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8.28.020 Violation - Penalty.
Any person who violates the provisions of this chapter shall be subject to a civil
penalty of up to $250.00; provided, that the penalty for a second or subsequent violation
within a two-year period shall be a civil penalty of up to $500.00. provided. however,
that if the same violator is found, in any forums, to have committed violations hereof
three (3) or more separate times occurrinq at the same location within the same twelve
(12) month period, any further violation shall constitute a misdemeanor, punishable as
provided in ACC 1.24.010. (Ord. 5658 § 1,2002; 1957 code § 9.10.010.)
Section 9. AMENDMENT TO CITY CODE. That Section 8.32.070 of the Auburn
City Code, relating to Outdoor Fires, is hereby amended to read as follows:
8.32.070 Violation - Penalty.
A violation of any of the provisions of this chapter shall be a civil infraction,
punishable in accordance with ACC 1.25.050, except as would be a misdemeanor
pursuant to ACC 1.25.050. (Ord. 5683 § 20, 2002; Ord. 3400 § 5, 1979.)
Section 10. AMENDMENT TO CITY CODE. That Section 8.40.030 of the
Auburn City Code, relating to Jumping From Bridge, is hereby amended to read as
follows:
8.40.030 Violation - Penalty.
A violation of any of the provisions of this chapter shall be a civil infraction,
punishable in accordance with ACC 1.25.050. except as would be a misdemeanor
pursuant to ACC 1.25.050. (Ord. 5683 § 21,2002; Ord. 3886 § 3,1983.)
Section 11. AMENDMENT TO CITY CODE. That Section 9.66.020 of the
Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as
follows:
9.66.020 Littering prohibited - Penalties - Litter cleanup restitution payment.
A. It is a violation of this section to abandon a junk vehicle upon any property. In
addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter
upon any public property in the city or upon private property in the city not owned by him
or her or in any body of water within the city, whether from a vehicle or otherwise,
including but not limited to any public park, public highway, road, street, or alley except:
1. When the property is designated by the state of Washington, its agencies or
political subdivisions, or municipalities incorporated under state law for the disposal of
garbage and refuse, and the person is authorized to use such property for that purpose;
2. Into a litter receptacle in a manner that will prevent litter from being carried
away or deposited by the elements upon any part of the private or public property or
waters.
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Ordinance No. 5837
March 30, 2004
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B. 1. It is a civil infraction as provided in Chapter 1.25 ACC for a person to litter in
an amount less than or equal to one cubic foot, except as would be a misdemeanor
pursuant to ACC 1.25.050.
2. It is also a misdemeanor for a person to litter in an amount greater than one
cubic foot but less than one cubic yard. The person shall also pay a litter cleanup
restitution payment equal to twice the actual cost of cleanup, or $50.00 per cubic foot of
litter, whichever is greater. The court shall distribute one-half of the restitution payment
to the landowner and one-half of the restitution payment to city for the support of its law
enforcement-litter control efforts. The court may, in addition to or in lieu of part or all of
the cleanup restitution payment, order the person to pick up and remove litter from the
property with prior permission of the legal owner or, in the case of public property, of the
agency managing the property. The court may suspend or modify the litter cleanup
restitution payment for a first-time offender under this subsection, if the person cleans
up and properly disposes of the litter.
3. It is a gross misdemeanor for a person to litter in an amount of one cubic yard
or more. The person shall also pay a litter cleanup restitution payment equal to twice the
actual cost of cleanup or $100.00 per cubic foot of litter, whichever is greater. The court
shall distribute one-half of the restitution payment to the landowner and one-half of the
restitution payment to the law enforcement agency investigating the incident. The court
may, in addition to or in lieu of part or all of the cleanup restitution payment, order the
person to pick up and remove litter from the property, with prior permission of the legal
owner or, in the case of public property, of the agency managing the property. The court
may suspend or modify the litter cleanup restitution payment for a first-time offender
under this subsection if the person cleans up and properly disposes of the litter.
4. If a junk vehicle is abandoned in violation of this section, RCW 46.55.230
governs the vehicle's removal, disposal and sale and the penalties that may be imposed
against the person who abandoned the vehicle.
C. It is also a civil infraction as provided in Chapter 1.25 ACC for a person to
discard, in violation of this section, a cigarette, cigar, or other tobacco product that is
capable of starting a fire, except as would be a misdemeanor pursuant to ACC
1.25.050. (Ord. 5718 § 1, 2002.)
Section 12. AMENDMENT TO CITY CODE. That Section 9.66.900 of the
Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as
follows:
9.66.900 Statutes incorporated by reference.
The following statute§. -is-are incorporated in this chapter by reference:
RCW 9.66.010 Public nuisance.
RCW 9.66.020 Unequal damaqe.
RCW 9.66.030 Maintaininq or permittinq nuisance.
RCW 9.66.040 Abatement of nuisance.
RCW 9.66.050 Deposit of unwholesome substance.
RCW 9.91.130 Disposal of trash in charity donation receptacle. (Ord. 5718 §
1,2002; Ord. 5682 § 1,2002.)
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Ordinance No. 5837
March 30, 2004
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Section 13. ADMINISTRATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
ordinance.
Section 14. SEVERABILITY. If any portion of this Ordinance or its application to
any person or circumstances is held invalid, the remainder of the Ordinance or the
application of the provision to other persons or circumstances shall not be affected.
Section 15. EFFECTIVE DATE. This Ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
APR I) 2004
2004
. 4
PETER B. LEWIS
MAYOR
ATTEST:
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Danielle Daskam
City Clerk
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Ordinance No. 5837
March 30, 2004
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