HomeMy WebLinkAbout5966ORDINANCE NO. 5 9 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 1.25.010, 1.25.020, 1.25.030, 1.25.060
AND 1.25.070, ADDING A NEW SECTION 1.25.035
AND REPEALING SECTION 1.25.090 OF THE
AUBURN CITY CODE RELATING TO
CLARIFICATION OF DUTIES FOR CODE
ENFORCEMENT
WHEREAS, the City code provisions address numerous issues involving
code enforcement responsibilities and the process involved in addressing those
responsibilities;
WHEREAS, in addressing how those duties are handled, clarification of
certain sections that are either handled more conveniently in one avenue or as
the process has evolved, no longer requires other process warrant actions to
modify the city code sections to provide for such clarification.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 1.25.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.010 Purpose.
It is the purpose of this chapter to generally 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
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November 15, 2005
Page 1
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individual titles are superseded to the extent provided herein.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 as assigned in the ACC. (Ord. 5837 § 1,
2004; 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 1.25.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
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 director or designee 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.
D.
~-"Omission" means a failure to act.
~E. "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.
LCF. "Stop Work Order-"
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November 15, 2005
Page 2
.means the written order issued
b~~ the code enforcement official or other authorized enforcement official, or
his/her designee to direct that work or activity shall be stopped until such activity
is authorized to resume by the code enforcement official or other authorized
enforcement official or his/her designee.
~G. "Violation" 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 are
specified.
fH. "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,
~. (Ord. 5677 § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000; Ord. 5246
§ 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Section 3. Amendment to City Code. That section 1.25.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized
enforcement official, 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, the code
enforcement official shall require the violation to be corrected within one to 15
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November 15, 2005
Page 3
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
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 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 was received. The code enforcement official
may amend the notice (i) to correct the notice, (ii) for good cause to allow for a
longer time to correct the violation, (iii) to amend the scope of violation, or (iv) 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 timely 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
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November 15, 2005
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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
w+~-bemay result in monetary penalties and/or other enforcement requirements;
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.
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;
G;;-b~~;,~n~~~-if personal service , or 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
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structure. T,-~-s~Ee-s,~~„--,~~-~~~.a~~~-,z, R„T~-o
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.
F Repeat violations Notwithstanding the above provisions, in the
case of a repeat violation the code enforcement official or other authorized
enforcement official or his/her designee may issue a notice of infraction
regardless of whether a notice to correct violation has been issued. For the
purposes hereof repeat violation means that the same person or property has
been the subject of one or more notice to correct violation within the preceding
twelve (12) months. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord.
5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
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November 15, 2005
Page 5
Section 4. Amendment to City Code. That section 1.25.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.060 Uncorrected violations.
In addition to any other enforcement actions available to the city, if a
violation on a parcel of property is not corrected within the specified time frame of
the flsti"mss)-~a-r~o~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. 5837 §
3, 2004; Ord. 5677 § 2, 2002.)
Section 5. Amendment to City Code. That section 1.25.070 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.070 Abatement.
A. Abatement by City. The city may perform the abatement required
upon noncompliance with the terms of ~ ,
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 30 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 printing and mailing.
B. Obstruction with Work Prohibited. No person shall obstruct, impede
or interfere with the city, its employees or agents, 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, carrying out the requirements of this section. A
violation of this provision shall constitute a misdemeanor, and shall be
punishable as provided by ACC 1.24.010.
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
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November 15, 2005
Page 6
subsection (A)(2) of this section, the enforcement official shall prepare a written
itemized report to the city council showing the cost of abatement, including
rehabilitation, demolition, restoration or repair of such property, including such
salvage value relating thereto plus the amount of any outstanding 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 hearing 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 hearing. 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 against 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 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 proceeding unless the same is
commenced within 15 calendar days after the assessment is placed upon the
assessment roll. (Ord. 5677 § 2, 2002.)
Section 6. New Section to City Code. That section 1.25.035 of
the Auburn City Code, be, and the same is hereby created to read as follows:
1.25.035 Stop Work Order.
Whenever any work is being done or any activity is occurring which
constitutes a "violation" under subsection G of this Section 1.25.020 of the City
Code, the code enforcement 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 designee 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
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November 15, 2005
Page 7
misdemeanor punishable as provided in ACC 1.24.010 for a person to willfully
engage in the doing or causing of such work to be done after the issuance of a
stop work order, until authorized by the code enforcement official or designee to
proceed with the work or recommence the activity.
Section 7. Repealed Section of City Code. That section 1.25.090 of
the Auburn City Code as set forth hereinafter, be, and the same is hereby
repealed.
1.25.090 Hearing examiner.
A. Authority. The hearing examiner as provided for in ACC 18.66.030
through 18.66.090 shall conduct hearings pursuant to this chapter, and as
assigned 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 assigned to the hearing examiner, in accordance
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 hearing 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 assigned to the
hearing 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) 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;
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November 15, 2005
Page 8
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 period 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 regarding cases assigned to the
hearing examiner, the hearing examiner shall have the power to:
1. Examine witnesses and receive relevant evidence on cases
assigned to the hearing 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.
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November 15, 2005
Page 9
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.
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.
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November 15, 2005
Page 10
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 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 assigned to the hearing 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. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh.
B), 1999; Ord. 4460 § 1, 1991. Formerly 1.25.100.)
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November 15, 2005
Page 11
Section 8. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 9. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 10. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: FEB ' 6 2006
PASSED: FER_-G 2006
APPROVED: ~=6 2006
URN
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--
P ER B. LEWIS
MAYOR
Ordinance 5966
November 15, 2005
Page 12
ATTEST:
r ~ ~ ~ ~ ~~~~~~
Danie a E. Daskam,
City Clerk
APPR D AS TO FORM:
ie B. eid,
City Attorney
PUBLISHED: U~ ~" ~U ' ~ ~°
Ordinance 5966
November 15, 2005
Page 13