HomeMy WebLinkAbout6615 ORDINANCE NO. 6 6 1 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 15.20 OF THE AUBURN CITY CODE
[PROPERTY MAINTENANCE CODE], AND NEW
SECTIONS 8.12.100, 8.20.060, 8.20.070, OF THE CITY
CODE AND AMENDING SECTIONS 1.25.030,
1.25.050, 1.25.065, 8.08.080, 8.12.020, 8.12.070,
8.12.080, 8.12.090, 8.20.030, 8.20.040, 8.20.050,
12.36.050 AND 15.06.010 OF THE AUBURN CITY
CODE AND REPEALING SECTION 1.25.070 OF THE
AUBURN CITY CODE RELATING TO NUISANCE
ABATEMENT
WHEREAS, the current provisions of the Auburn city code include strategies and
methodologies for abating certain types of nuisances; and
WHEREAS, because there are different types of nuisances that need to be
considered in abatement actions, as well as different approaches that work better for
some nuisances than others, a review of these factors has been made to consolidate
abatement approaches and to assist the city in the ability to effectively abate nuisances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 15.20 of the Auburn
City Code be and the same hereby is created to read as follows:
Chapter 15.20
Property Maintenance Code
Sections:
15.20.010 Adoption of International Property Maintenance Code.
15.20.020 Appendices adopted.
15.20.030 Section 103 amended — Department of property maintenance
inspection
15.20.040 Section 107 amended — Notices and orders
15.20.050 Section 110 amended — Demolition
15.20.060 Section 111 amended — Means of appeal
15.20.070 Section 112 amended — Stop work order
Ord. No. 6615
August 15, 2016
Page 1
15.20.010 Adoption of International Property Maintenance Code.
The 2015 International Property Maintenance Code is adopted as the property
maintenance code of the city; provided, that the amendments, deletions and additions
thereto as provided in this chapter shall govern over the published provisions of the
International Property Maintenance Code.' A copy of the International Property
Maintenance Code shall be on file in the office of the city clerk.
15.20.020 Appendices adopted.
International Property Maintenance Code Appendix Chapter A, Boarding
Standard, is hereby adopted. A copy of the International Property Maintenance Code
Appendix Chapter A, Boarding Standard, shall be on file in the office of the city clerk.
15.20.030 Section 103.1 amended
Section 103.1 of the International Property Maintenance Code is amended to
read as follows:
103.1 GeneralDepartment of property maintenance inspection. The department
of community development and public works is responsible for implementation
and enforcement of the International Property Maintenance Codey
15.20.040 Sections 107.2 and 107.3 amended
Sections 107.2 and 107.3 of the International Property Maintenance Code are
amended to read as follows:
107.2FerrmNotices and orders. Such notice prescribed in Section 107.1 shall be
in accordance with the provisions of Chapter 1.25 regarding the form of noticesall
of-the-following,
1. Be in Writing.
being-issued.
106.3.
- - - - - - - - -
For the purposes hereof, where the International Property Maintenance Code references the code official, that
shall refer to and be construed to mean the building official as used in the city code. Unless the context clearly
indicates otherwise,the terms"code official"and "building official" shall be synonymous.
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August 15, 2016
Page 2
107.3 Method of service. nNotices shall be deemed to be property served
if delivered in accordance with the provisions of Chapter 1.25 regarding the
method of services of noticesa-sept-thereof is:
1. Dclivered personally;
address; r
3. If the notice is returncd showing that the lettcr was not dclivered, a
15.20.050 Section 110 amended - Demolition.
International Property Maintenance Code Section 110.1 is amended to read as
follows:
Section 110.1 General. The code official shall order the owner or owner's
authorized agent of any premises upon which is located any structure, which in
the code official's or owner's authorized agent judgment after review is so
deteriorated or dilapidated or has become so out of repair as to be dangerous,
unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such
that it is unreasonable to repair the structure, to demolish and remove such
structure; or if such structure is capable of being made safe by repairs, to repair
and make safe and sanitary, or to board up and hold for future repair or to
demolish and remove at the owner's option; or where there has been a cessation
of normal construction of any structure for a period of more than two (2) years,
the code official shall order the owner or owner's authorized agent to demolish
and remove such structure, or board up until future repair. Unless thecode
official determines that other measures are appropriate based on the
circumstances, Bearding-boardinq the building up for future repair shall comply
with appendix A and the structure shall not cxtcnd bcyond one y or, unlccc
remain boarded beyond thirty (30) days, except
wherea noneopaque material isused that provides the same level of security as
provided by the requirements of Appendix A, the boarding may remain in place
for no more than one year. Timeframe extensions may be approved by the code
official.
15.20.060 Section 111 amended - Means of appeal
Section 111 of the International Property Maintenance Code is deleted in its
entirety and is replaced with the following:
111 Means of appeal. Any person directly affected by a decision of the code
official or a notice or order issued under the international property maintenance
code shall have the right to appeal the decision, notice, or order, accept notices
to correct and the notices described in section 107. The means for appealing
shall be that provided in ACC 15.07.130, as hereafter amended.
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August 15, 2016
Page 3
15.20.070 Sections 112.2 and 112.4 amended — Stop Work Order.
Sections 112.2 and 112.4 of the International Property Maintenance Code are
amended to read as follows:
112.2 Issuance. The provisions of Auburn City Code Chapter 1.25 regarding
stop work orders shall govern the issuance of a stop work order under this
code' - - - - • - -_ - • • - - - - - -• - • - - - • -
112.4 Failure to comply. The provisions of Auburn City Code Chapter 1.25 shall
govern the enforcement of stop work orders and the penalty for failing to comply
with an order - _ - - - - - - - - --
15.20.080 Vacant property registration.
A. The Vacant Property Registration program is hereby established. All
properties shall register their property with the City as a vacant property when it is
remains vacant for more than thirty (30) days. Failure to register a vacant property shall
constitute a violation that is punishable under the terms and procedures of Chapter
1.25. This section shall not apply to properties that are the subject of a current rental
business license issued pursuant to ACC 5.22 or are inhabited by the property owner
part-time.
B. In addition to registration, vacant properties shall be managed as follows:
1. The property must be kept free of code violations.
2. The structure and property must remain secure from unauthorized access.
All doors and windows must be in place and remain locked. Brocken doors and
windows must be repaired or replaced consistent with all provisions of Title 15.
3. The roof, flashing, rain gutters, and down spouts must be present and
functional.
4. Exterior lighting, consistent with the requirements of this code, shall
remain functional and shall be set on a timer to provide nighttime illumination.
5. Water service shall be disconnected.
6. All vegetation shall be maintained consistent with Auburn City Code.
Additionally, shrubs, ground covers, vines, and trees must be kept trimmed and not
encroach into the public right-of-way or onto other neighboring properties.
7. The exterior appearance of all structures shall be kept clean and in good
condition, consistent with section 304 of this code. Tarps are not allowed as a means of
securing or screening damaged, degraded or moss covered roofs, doors, windows or
walls, except as a temporary measure prior to a permanent repair or replacement.
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August 15, 2016
Page 4
8. Appropriate winterization measures shall be taken to ensure that the
structure and property is not further degraded due to extended periods of cold and/or
wet weather.
9. Gas, electrical, and plumbing fixtures shall be maintained in a condition
that is safe and that avoids risk to public health and safety.
10. A notice shall be placed in a visible location on the property that indicates
who the property is registered to and must include contact information for the
responsible party.
11. The property must be registered with the City of Auburn Police
Department trespass program.
C. The provisions of this section can be applied retroactively. Vacant
properties and structures existing on the date of adoption of this section are not vested.
Section 2. New Section to City Code. That a New Section 8.12.100 of the
Auburn City Code be and the same hereby created to read as follows:
8.12.100 Summary abatement.
A. Abatement. Whenever any violation of this code poses an imminent threat
to the health, safety, or welfare of persons or property, or to the environment, the
director of the department of community development and public works, or designee,
may summarily and without prior notice order the condition abated. The city, or its
agents, may enter upon property and abate the condition to the extent necessary to
remedy the immediate threat.
Actions taken to abate imminently dangerous violations may include but are not
limited to repair, removal or demolition of the condition creating the danger and/or the
restriction from use or occupancy of the property on which the dangerous condition
exists or any other abatement action determined by the city to be necessary.
B. Notice. Whenever the director determines that summary abatement is
justified the city shall attempt to provide notice to the property owner as to the violation
and the need for immediate abatement. If the property owner cannot be located or the
owner fails to take prompt appropriate action to abate the violation, the city may
proceed to take abatement action authorized in this chapter without further notice or
right to a prior hearing.
Regardless of any prior notice, the city shall provide written notice of such
abatement to the person responsible for the violation as soon as reasonably possible
after the abatement. If the person responsible for the violation is a tenant, notice of
such abatement shall also be given to the landlord or owner of the property where the
violation is occurring. In addition to the items listed in ACC 1.25(C)(1-4), the notice shall
include the reason for the summary abatement, a description of the abatement, and the
right to appeal the city's action in the manner described for an appeal in ACC 8.12.080.
The notice shall be served according to the service requirements of ACC 8.12.080.
C. Appeal. The abatement may be appealed in the manner described in ACC
8.12.080. No right of action shall lie against the city or its agents, officers, or employees
for actions reasonably taken to prevent or cure any such immediate threats, or the
failure to take such actions.
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August 15, 2016
Page 5
D. Cost Recovery. The necessary and reasonable charges and costs of
summary abatement, including legal and administrative costs and charges, shall be
collected according to ACC 8.12.080, unless the property owner, tenant, or person
responsible for the violation prevails in an appeal.
Section 3. New Section to City Code. That a New Section 8.20. 060 of the
Auburn City Code be and the same hereby created to read as follows:
8.20.060 Appeal of abatement determination
A. Request of an Appeal Notices of abatement may be appealed to the
director of the department of community development and public works within ten (10)
calendar days of the date of mailing or service. The appeal may contest the
determination that a violation exists and the reasonableness of the corrective action
ordered. An appeal shall be filed by providing a written request to and shall contain the
address that is the subject of the violation, the property owner's name, phone number,
and address, and a description of the reason(s) for contesting the abatement.
B. Notice of meeting. If an appeal is properly and timely filed, the director
shall set a meeting for a date within thirty (30) calendar days of the date the city
received the request for an appeal. The notice of hearing shall contain the file number
of the case, the date & place of the meeting, and a statement of who may participate in
the appeal. The notice shall be placed in the mail at least 10 calendar days prior to the
date of the meeting and sent to the last known address of the property owner and to the
subject property.
C. Meeting. At the appeal meeting, the property owner my submit a written
document to the director or make an oral statement providing any facts and reasons
supporting the person's position . Any written document may be provided to the director
prior to the meeting date. The director may reasonably limit the extent of comments at
the meeting to facilitate the orderly and timely conduct of the meeting.. A code
enforcement officer shall be present at the meeting to answer questions and the director
shall electronically record the meeting. The property owner shall have the burden of
proof by a preponderance of the evidence that a violation has not occurred at the
subject property and/or that the corrective action is unreasonable.
D. Ruling. In response to an appeal, the mayor may rescind the abatement
notice, affirm it, or may modify the notice. Additionally, the mayor may vacate or reduce
any penalties pending, or previously imposed, for any violations related to the nuisance
that is the subject of the abatement. If previously imposed penalties are vacated or
reduced, any liens for those amounts shall be released or modified accordingly as well.
E. Continuances — Communication of the Ruling. The director may continue
the meeting if he or she is unable to hear all the statements, or for other good cause. If
the meeting is continued, announcement of the new time, date and location of the next
meeting is sufficient and no further notice of the meeting need be given by the city.
After the appeal meeting, the director will issue its final determination, in writing,
within ten (10) calendar days of the meeting. The determination shall be sent by
certified mail, return receipt requested, or served, to the property owner's last known
address.
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August 15, 2016
Page 6
F. Stay. The timely filing of an appeal shall stay the abatement during the
pendency of the appeal, but an appeal does not lift or stay a stop work order. Monetary
penalties shall accrue during the appeal period unless the appellant prevails on appeal.
In addition to ruling upon the issues presented by the appellant, the director may
vacate or reduce any penalties pending, or previously imposed, for any violations
related to the vegetation nuisance that is the subject of the abatement. If previously
imposed penalties are vacated or reduced, any liens for those amounts shall be
released or modified accordingly.
If the examiner denies the appellant's request for relief, the appellant shall pay
the hearing fee as set forth in the city of Auburn fee schedule within 14 calendar days of
the hearing. Failure to pay the fee shall be a cost of the abatement subject to cost
recovery under this section.
Section 4. New Section to City Code. That a New Section 8.20.070 of the
Auburn City Code be and the same hereby created to read as follows:
8.20.070 No city liability for violations
It is the specific intent of this chapter to place the obligation of complying with its
requirements upon the property owner or owners and no provisions nor term used in
this chapter is intended to impose any duty whatsoever upon the City or any of its
officers and employees, for whom the implementation or enforcement of this chapter
shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be, nor shall be, construed to
create or form the basis for any liability on the part of the City, or its officers, employees
or agents, for any injury or damage resulting from the failure of a property owner to
comply with the provisions of this chapter, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval authorized or issued or
done in connection with the implementation or enforcement of this chapter, or by reason
of any action or inaction on the part of the City related in any manner to the enforcement
of this chapter by its officers, employees or agents.
Section 5. 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 working days from the
issuance of the notice to correct. The length of time to correct shall be determined, in
Ord. No. 6615
August 15, 2016
Page 7
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
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 may
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.
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August 15, 2016
Page 8
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 by personal service
or by mailing a copy of the notice to correct violation both by regular mail and by
certified mail, postage prepaid, return receipt requested, to such person(s) at his/her
last known address. If the person's address is unknown, serviceshallbe completed by
mailing the notice to the address of.the most recent payer of the property tax for the
property, as shown in the county's records, and by posting a copy of the notice to
correct violation conspicuously on the affected property or structure.
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 12 months. (Ord. 5966 § 3, 2006; Ord. 5677 § 2, 2002;
Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Section 6. Amendment to City Code. That Section 1.25.050 of the Auburn City
Code be and the same hereby is 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. In addition to this amount, a
court of competent jurisdiction may order a person found to have committed a civil
infraction to pay restitution, including the city's reasonable enforcement and abatement
costs.
It is provided, however, that if the same violator has been found, in any court of
competent jurisdiction, to have previously committed an infraction violation for the same
or similar conduct three or more separate times, with the infraction violations occurring
at the same location and involving the same or similar sections of ACC Titles 5, 6, 8, 10,
12, 13, 15, 16, 17 or 18, 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 previously been found to have
committed any infraction if a certified copy of the judgment, docket or other court
document showing that such violation was found committed is filed with the court. (Ord.
5837 § 2, 2004; Ord. 5677 § 2, 2002.)
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August 15, 2016
Page 9
Section 7. Amendment to City Code. That Section 1.25.065 of the Auburn City
Code be and the same hereby is amended to read as follows:
1.25.065 Additional penalty and enforcement provisions.
A. Civil Penalty. In addition to any other enforcement actions available to the
city, if the code enforcement official determines that a violation has not been corrected
pursuant to ACC 1.25.030 within the time specified in the notice to correct violation,
he/she is authorized to impose a civil penalty against the property owner on whose
property the violation exists, and/or the person in possession of the property, and/or the
person otherwise causing or responsible for the violation. The penalty shall be up to
$500.00 for the first day and $100.00 per day for each additional full day the violation
continues. Each day on which a violation or failure continues shall constitute a separate
violation. If unpaid within 14 calendar days of becoming effective, each penalty shall
constitute a lien against the property of equal rank with state, county, and municipal
taxes.
B. Notice of Penalty. The penalty shall be imposed by serving a notice of
penalty. Service of the notice shall be made upon all persons identified in the notice
either personally or by mailing a copy of such order by certified mail, postage prepaid,
return receipt requested. If an address for mailed service cannot be ascertained, service
shall be accomplished by posting a copy of the notice conspicuously on the affected
property or structure. The initial penalty shall be effective and the recurring daily penalty
shall commence on the date service is effective. Service by certified mail shall be
effective five calendar days after the date of postmark, unless U.S. postal records show
actual receipt prior to that date. If service is by personal service, service shall be
deemed effective immediately. If service is made by posting, service shall be effective
on the third day following the day the notice is posted. Recurring penalties shall become
effective every 24 hours after midnight of the effective date of the initial penalty, if the
violation is not corrected.
The notice shall contain all the information required to be placed in a notice to
correct violation, under ACC 1.25.030, and in addition the following:
1. The amount of the initial penalty and the amount of the per day penalty for
each day the violation(s) continues, and, if applicable, the conditions on which
assessment of such civil penalty is contingent.
2. A statement that the recurring penalty accrues each day automatically,
without further notice.
3. The procedure for appealing the penalty, as described in this chapter.
4. That if the penalties are unpaid within 10 days of when they become
effective, they shall become a lien on the property that shall be of equal rank with state,
county and municipal taxes.
C. Withdrawal. The code enforcement officer may withdraw a notice of
penalty if compliance is achieved, as determined by the officer, within 14 calendar days
of the service date of the notice. The officer shall not withdraw a notice of penalty if it is
the second notice issued by the officer to the same person for the same or similar
violation committed within six months.
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August 15, 2016
Page 10
D. Continued Duty to Correct. Payment of a penalty pursuant to this chapter
does not relieve a person of the duty to correct the violation as ordered by the
enforcement officer. Correction of the violation does not relieve a person of the
obligation to pay the penalty assessed, unless dismissed, withdrawn, or modified by the
hearing examiner or the code enforcement.officer.
E. Appeal of Notice of Penalty.
1. An assessed civil penalty may be appealed to the city hearing examiner
within 14 calendar days of the penalty's effective date, in the same manner as
determinations of the building official are appealed under ACC 15.07.130. After the 14-
day period, penalties shall be final and binding. The hearing examiner may grant an
extension of time for filing an appeal if the person establishes that he/she did not
receive the notice of penalty due to good cause. The burden of proving such good
cause circumstances is on the person making the claim.
2. The appeal shall be processed and the hearing conducted according to
the provisions of ACC 15.07.130 and the provisions of that section are adopted by
reference for the purpose of this chapter. The person appealing may appeal either the
determination that a violation exists or the amount of the civil penalty imposed, or both.
The person appealing may appeal all penalties that are not final and binding. The
hearing examiner has the authority to affirm, dismiss, or modify the civil penalty. The
city shall have the burden of proving by a preponderance of the evidence the
commission of a violation. If the hearing examiner finds that a violation was not
committed at the time the notice of penalty was issued, the examiner shall dismiss all
penalties before him/her that were imposed for the alleged violation and the city shall
dismiss all additional penalties, whether effective or final, that were imposed for the
alleged violation.
3. The civil penalties for a continuing violation shall not continue to accrue
pending determination of the appeal; however, the hearing examiner may impose a
daily monetary penalty, to a maximum of $100.00 per day, from the date of service of
the notice of penalty if the hearing examiner finds that the appeal is frivolous or intended
solely to delay compliance. An appeal does not lift or stay a notice to correct violation.
4. A person is precluded from appealing a penalty if the hearing examiner
finds that it has determined in a prior appeal all the issues of fact and law raised by the
person appealing.
5. At his/her discretion, the hearing examiner may consolidate appeals of
penalties imposed on the same property for the same violations.
F. Cost Recovery and Lien.
1. Any monetary penalty imposed under this chapter constitutes a personal
obligation of the person served the notice of penalty. The city attorney is authorized to
collect the monetary penalty by use of appropriate legal remedies, the seeking of which
shall neither stay nor terminate the accrual of additional per day penalties so long as the
violation continues.
2. The city may authorize the use of collection agencies to recover monetary
penalties, in which case the cost of the collection process shall be assessed in addition
to the monetary penalty.
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August 15, 2016
Page 11
3. Once civil penalties are effective and due, pursuant to this section, the
code enforcement officer may file a lien with the county auditor on the property where
the violation exists for the amount of the unpaid civil penalties. The lien shall be of equal
rank with state, county and municipal taxes. The claim of lien shall contain the
following:
a. The authority for imposing a civil penalty;
b. A brief description of the civil penalty imposed, including the violations
charged and the duration thereof;
c. A legal description of the property to be charged with the lien;
d. The name of the known or reputed owner; and
e. The amount, including lawful and reasonable costs, for which the lien is
claimed. (Ord. 6328 § 4, 2010.)
Section 8. Amendment to City Code. That Section 8.08.080 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.08.080 Containers — Required.
A. All persons accumulating garbage in the city shall place and accumulate
the same in a micro-can, cart, detachable container, drop-box container, or such other
collection container that is approved by the city's solid waste service provider(s).
Recyclables may be accumulated, for collection by the city service provider(s), in
recycling carts or recycling containers, or such other collection container that is
approved by the city's current service provider(s). Compostables may initially be
accumulated for collection by the city service provider(s) in compostables carts and,
once such cart is full, in such other collection container that is approved by the city's
current service provider(s) for overflow volumes. It is a violation of this chapter for any
persons who accumulate garbage to maintain garbage and recyclables upon their
property uncontained in a city-approved collection container without a permit issued
according to ACC 8.08.090.
B. It is the duty of the owner of any dwelling, flat, apartment house or mobile
home park to furnish or to see that his/her tenants have adequate garbage service and
are adequately supplied with such cans/containers.
C. It is the duty of the property owner of a commercial building to see that
his/her tenants have adequate garbage service and are adequately supplied with such
cans/containers.
D. All single-family residential garbage shall be placed in a service provider-
provided micro-can or wheeled cart. In all cases, customers shall have at least one rigid
container as their primary garbage container. Plastic bags or garbage cans may be
used for overflow volumes of garbage, but not as a customer's primary container, and
may be subject to an additional service charge or fee. All containers shall be packed so
that the contents of the container will dump out rapidly when the container is inverted.
Containers shall be located at their appropriate storage location as required in ACC Title
18, Zoning, except on the day of scheduled pickup.
E. All multifamily and commercial customer garbage shall be placed in a
service provider-provided micro-can, wheeled cart, detachable container or drop-box
Ord. No. 6615
August 15, 2016
Page 12
container. Micro-cans, wheeled carts and detachable containers shall be packed so that
the contents of the container will dump out rapidly when the container is inverted. All
containers shall be located in conformance with the requirements set forth in ACC Title
18, Zoning.
F. Garbage containers and other approved containers shall not weigh more
than the weight limits set forth in their respective definitions in ACC 8.08.030,
Definitions. Garbage containers shall not be overloaded beyond the point where covers
can be securely replaced. Single-family residential customers shall place all garbage
carts, micro-cans, recycling carts, compostables carts or other approved containers at
curbside on a public street or private road as provided in ACC 8.08.100, Containers —
Set-out of containers — Anti-scavenging. (Ord. 6367 § 3, 2011; Ord. 6160 § 1, 2008;
Ord. 6139 § 1, 2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006;
Ord. 5622 § 1, 2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 4500 § 2,
1991.)
Section 9. Amendment to City Code. That Section 8.12.020 of the Auburn City
Code be and the same hereby is 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, budding, structure, or
premises, or in or upon any street, avenue, alley, park, parkway, or other public or
private place in the city, any one 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;
Ord. No. 6615
August 15, 2016
Page 13
G. All places used or maintained as junkyards 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
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,
junkyards or machinery being used;
H. Garbage disposed of in any manner other than provided in the solid waste
code (Chapter 8.08 ACC);
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;
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 right-of-way, or any
other condition that obstructs or interferes with safe pedestrian or vehicular travel on or
along said right-of-way; and
P. Failure, after reasonable notice, to restore a city street, sidewalk or related
infrastructure facility to city standards after having destroyed, disrupted or adversely
impacted such street, sidewalk or related infrastructure facility 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
Ord. No. 6615
August 15, 2016
Page 14
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
otherwise allowed for storage will be considered junk and a public nuisance.
R. Any and all other violations of the provisions of titles 1, 5, 8, 12, 13, 15, 16,
17, 18, and 20 of the Auburn City Code. (Ord. 5837 § 5, 2004; Ord. 5747 § 1, 2003;
Ord. 2904 § 1, 1976; 1957 code § 7.04.280.)
Section 10. Amendment to City Code. That Section 8.12.070 of the Auburn
City Code be and the same hereby is amended to read as follows:
8.12.070 Maintaining or permitting nuisance.
Every person who commits or maintains a public nuisance, for which no special
punishment is prescribed, or who willfully omits or refuses to perform any legal duty
relating to the removal of such nuisance, and every person who lets or permits to be
used any building or boat or portion thereof, knowing that it is intended to be or is being
used for committing or maintaining any such nuisance, is guilty of a violation of this
code and is punishable in accordance with ACC 1.25.040. (Ord. 6461§ 1, 2013; Ord.
5747 § 1, 2003; 1957 code § 7.04.340.)
Section 11. Amendment to City Code. That Section 8.12.080 of the Auburn
City Code be and the same hereby is amended to read as follows:
8.12.080 Abatement by city— Costs liability.
A. Abatement. Notwithstanding the existence or use of any other remedy,
the city may order the abatement of any nuisance, or seek legal .or equitable relief to
enjoin or abate any nuisance. If within three ten (10) calendar days after service
offeeeiving 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 director of community development and public works, or designee,
the person owning, occupying or controlling such premises fails,
neglects or refuses to remove the same, such nuisance may be repaired, demolished,
remedied, removed or abated by order of the directormayer or docignee . The director
or designee, may seek judicial process as he or she deems necessary to effect the
repair, demolition, remedy, removal, or abatement of such nuisance.-and
B. Service. The director shall cause the notice of abatement to be served on
the property owner(s) and/or tenant(s), all parties that have an interest in the property,
and to any person(s) causing or allowing or participating in the violation. The notice to
the owner(s) shall be served by personal service or by mailing a copy of the notice by
certified mail, postage prepaid, return receipt requested, sent to his/her last known
address, and to any other such person(s) by sending via regular mail, postage prepaid
to his/her last known address. Notice shall also be provided by posting a copy thereof
conspicuously on the property.
Ord. No. 6615
August 15, 2016
Page 15
C. Appeal.
1. Notices of abatement may beappealed to the hearing examiner within 10
calendar days of the date of mailing or service. The appeal may contest the
determination that a violation exists and the reasonableness of the corrective action
ordered. An appeal shall be filed by providing a written request to the City Clerk. The
application shall contain the following:.
a. The address that is the subject of the violation.
b. The person's name, phone number, and address.
c. A brief.description of thelegal interest the person has in the real or personal
property to be abated.
d. The reason(s) supporting reversal, modification, or limitation of the proposed
abatement, together with any material facts that support those reason(s)..
e. A descriptionofthe relief sought.
f. Signatures of the person(s) submitting the application.
A fee is not required to be paid to file an appeal, unless the examiner denies.the
appellant any relief regarding the abatement, inwhich case the fee is that fee set forth
in the city of Auburn fee schedule.
2. If an appeal is properly and timely filed, the examiner shall set a date, time,
and place for the hearing of the appeal. Such date shall be within 30 calendar days of
the date the city received the request for an appeal. Written .notice of the._time_and
place of the hearing shall be given at least 7 calendar days prior to the date of the
hearing to each appellant by either causing a copy of such notice to be delivered to the
appellant personally or by mailing a copy, postage prepaid, to the address shown on the
appeal.
3. The effect of failuretoappeal, the scope of the hearing, the hearing
procedures, the conduct of the hearing, the right to review of the appeal, limitations of
the examiner's authority, and the form and effective date of the examiner's decision
shall all be governed by the provisions in ACC 15.07.130, as hereafter amended.
The.property owner shall have the burden of proof by a preponderance of the evidence
that a violation has not occurred at the subject property and/or that the corrective action
is unreasonable.
4. The timely filing of an.appeal.shall stay the abatement during the pendency of
the appeal, but an appeal does not lift or stay a stop work order. Monetary penalties
shall accrue during the appeal period unless the appellant prevails on appeal. In
addition to ruling upon the issues presented by the appellant, the examiner may.vacate
or reduce any penalties pending, or previously imposed, for any violations related to the
nuisance that is the subject of the abatement. If previously imposed penalties are
vacated or reduced, any liens for those amounts shall be released or modified
accordingly as well.
If the examiner denies the appellant's request for relief, the appellant shallpay
the hearing fee as set forth in.the_city of.Auburn_fee schedule within 14 calendar days of
the hearing. Failure to pay the fee shall be a cost of the abatement subiect to cost
recovery under this section.
Ord. No. 6615
August 15, 2016
Page 16
D. Cost recovery -- Lien. tThe person on whom such notice forthe-reraeval
of same was served, in addition to incurring-tbeanv penalty provided, shall become
indebted to the city for the damages; and legal and administrative costs and charges
incurred by the city in the repair, demolition, remedy, removal, or abatement of such
nuisance.
The city shall bill its costs to the person(s) obligated to perform the work under
the notice of failure to correct a violation, an order to stop work or an order of a court,
which costs shall become due and payable 30 calendar days after the date of the bill.
If unpaid after 30 calendar days, Ssuch 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 mayor or designee is authorized to bring for and on behalf of the city. The mayor or
designeeis also authorized to file a lien against the property on which the nuisance was
abated, whether pursuant to this chapter or by other legal process, or on the adjacent
property where the nuisance was located on public property or on public right-of-way
and where the nuisance was caused by or on behalf of the owner of the adjacent
property. The lien shall be in the amount of the city's damages and costs in abating the
nuisance, including administrative and legal costs, the amount of relocation assistance
advanced under RCW 59.18.085, in-the costs of enforcing the lien, the amount of all
outstanding penalties, and all allowable interest. In any such abatement by the city, the
city shall also be entitled to interest accruing at the rate of 12 percent per annum from
the time of the expenditure of funds by the city for such abatement. The amount of
unpaid civil penalties shall constitutea. lien against the property that shall be of equal
rank with state, county and municipal taxes.
For purposes of this section "administrative costs" shall include, but are not
limited to, recording and filing fees, personnel costs incurred in the inspection of .the
property, preparation of notices, contracts, and other documents necessary for
performing the abatement and providing law enforcement during the abatement. In this
section, "legal costs" shall include, but not be limited to, attorney fees, expert witness
fees, recording and filing fees, and personnel costs incurred in preparing contracts, and
notices necessary for performing the abatement.
E. Special assessment. Additionally, the mayor may levy a special
assessment on the property on which the nuisance was abated for the amount of the
city's damages and costs in abating the nuisance, unless previously paid, and to
contract with the county treasurer to collect the assessment pursuant to RCW
84.56.035, including interest at such rates as provided in RCW 84.56.020, as now or
hereafter amended. The finance director shall certify to the county treasurer the city's
costs, charges, and damages. The validity of any assessment .made under the
provisions of this chapter shallnotbe contested in any action or proceeding unless the
same is commenced within 15 calendar days after the assessment is placed upon the
assessment roll.
F. Salvage -- Any salvage value proceeds resulting from the abatement of
the property shall first be applied to the costs of abatement. Any remaining such monies
shall be paid to the property owner as shown on the last equalized assessment roll.
G. 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
Ord. No. 6615
August 15, 2016
Page 17
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.
(Ord. 6328 § 2, 2010; Ord. 5837 § 6, 2004; Ord. 5747 § 1, 2003; 1957 code § 7.04.330.)
Section 12. Amendment to City Code. That Section 8.12.090 of the Auburn
City Code be and the same hereby is amended to read as follows:
8.12.090 Abatement order.
The magistrate before whom there may be pending any proceeding for a
violation of maintaining or permitting a nuisance, except as defined hereinabove, shall,
in addition to any fine or other punishment which it may impose for such violation, order
the defendant to abate such nuisance abated and all property unlawfully used in the
maintenance thereof destroyed by the chief of policc at the cost of the defendant. (Ord.
5747 § 1, 2003; 1957 code § 7.04.350.)
Section 13. Amendment to City Code. That Section 8.20.030 of the Auburn
City Code be and the same hereby is 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 and other vegetation growing in violation of ACC
8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. The
notice shall be sent in the same manner, containing the same contents, and to the same
individuals or entities as is required by ACC 1.25.030, as hereafter amended, for notices
to correct a violation. A violation of any of the provisions of this chapter by any person,
firm or corporation shall be a civil infraction or subject to a civil penalty, punishable in
accordance with Chapter 1.25 ACC, except where the violation is designated as a
misdemeanor as provided in ACC 1.25.050.
For the purposes of this chapter, a person's property shall.include any landscape
strip that abuts the person's property. A landscape strip, also known as a parking strip,
planting area, or planting strip, is the ground area situated between the edge of the
roadway pavement or gravel and the ed qe of the right-of-way boundary. (Ord. 6328 § 3,
2010; Ord. 5837 § 7, 2004; Ord. 5747§ 3, 2003; Ord. 4504 § 10, 1991; Ord. 4040 § 2,
1985.)
Section 14. Amendment to City Code. That Section 8.20.040 of the Auburn
City Code be and the same hereby is amended to read as follows:
8.20.040 Removal — City action.
Upon the failure, neglect or refusal of any owner or agent so notified to properly
cut and dispose of grass, weeds and-brush, and any other vegetation dangerous to the
Ord. No. 6615
August 15, 2016
Page 18
public health, safety or welfare within the time specified in the notice provided in ACC
8.20.030, the code enforcement official is authorized and empowered to pay-far-the
p"• e
disposing of abate such grass, weeds,_and brush, and vegetation and to order its
disposal by the city. At least ten (10) calendar days prior to abating the nuisance, the
code enforcement official shall notify the property.owner of the intended abatement. The
noticeshall be.sent in the same manner and to the same individuals as provided in
8.20.030. The notice shall include a statement that the property owner shall be
responsible for the costs of the abatement, which shall be a lien upon theproperty if
unpaid, that the property owner may appeal-the abatement determination pursuant to
ACC 8.20.080 of this ordinance, and the procedures for making such appeal. (Ord.
- 5747 § 3, 2003; Ord. 4504 § 11, 1991; Ord. 4040 § 3, 1985.)
Section 15. Amendment to City Code. That Section 8.20.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
8.20.050 Removal - Cost- Payment.
When the city has effected the removal of said grass, weeds., ec-brush or
vegetation, a code enforcement officer shall render a statement covering the costs of
such abatement, including all of the city's expenses, which may include the time of the
officer to arrange for and accomplish theabatement, and mail the bill to the property
owner at both the last known address and the address listed in the county's property
tax records. The cost of such abatement shall be a lien upon the property that is of
equal rank with state, county, and municipal taxes. If the property owner fails to pay
such bill, or if the owner cannot be found, the officer may cause a.lien to be filed.against
the property. Thelien shall be in similar form, be filed with the same county office, filed
within the same time and manner, and beenforced and foreclosed in the same way as
state law provides for the foreclosure of labor and material liens. Additionally, the city
may refer to a collection agency the abatement costs, which shall include-the_collection
agency fee, and any penalty assessed pursuant to Chapter 1.25 ACC shall include the
abatement costscity's actual costs. The provisions of this chapter relative to the
recovery of abatement costs are not exclusive, and all other rights or remedies of the
city, or any citizen thereof, relative to recovering abatement costs are to remain in full
force and effect. (Ord. 5747 § 3, 2003; Ord. 4504 § 12, 1991; Ord. 4040 § 4, 1985.)
Section 16. Amendment to City Code. That Section 12.36.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
12.36.050 Nuisances - Designated.
Trees, shrubs or vegetation or parts thereof which so overhang any sidewalk or
street or which are growing thereon in such manner as to obstruct or impair the free and
full use of the sidewalk or street by the public are public nuisances. Crass, weeds,
property and which is a fire hazard or a menace to public h alth, safety or welfare arc
likewise ”b is nuisance It is the duty of the owner of the property wherein or whereon
Ord. No. 6615
August 15, 2016
Page 19
any such nuisances exist to abate the nuisances by destroying, removing or trimming
the growth. (1957 code § 8.15.040.)
Section 17. Amendment to City Code. That Section 15.06.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
15.06.010 International codes adopted.
There is adopted by reference, upon the effective date of the ordinance codified
in this chapter and upon filing with the city clerk one copy thereof, the following
described chapters of the Washington Administrative Code, International Codes and
standards, and Uniform Plumbing Code and standards together with appendix chapters,
amendments, deletions and additions as set forth in this section or in the appropriate
chapters in this code.
A. International Building Code adopted. The 2015 edition of the International
Building Code, as published by the International Code Council, as adopted and
hereafter amended by the State Building Code Council in Chapter 51-50 WAC, is
adopted by reference with amendments, deletions and additions thereto as provided in
Chapter 15.08A ACC, Building Code.
B. International Residential Code adopted. The 2015 edition of the
International Residential Code, as published by the International Code Council, as
adopted and hereafter amended by the State Building Code Council in Chapter 51-51
WAC is adopted by reference, including Chapter 11, "Energy Efficiency," Chapters 25
through 33, "Plumbing," and Chapters 34 through 43, "Electrical."
C. International Mechanical Code adopted. The 2015 edition of the
International Mechanical Code, as published by the International Code Council, as
adopted and hereafter amended by the State Building Code Council in Chapter 51-52
WAC, is adopted by reference.
D. International Fire Code adopted. The 2015 edition of the International Fire
Code, as published by the International Code Council, as adopted and hereafter
amended by the State Building Code Council in Chapter 51-54A WAC, is adopted by
reference with amendments, deletions and additions thereto as provided in ACC
Chapter 15.36A Fire Code.
E. National Fuel Gas Code (NFPA 54) adopted. The 2015 edition of ANSI
Z223.1/ NFPA 54 National Fuel Gas Code, as published by NFPA, as adopted and
hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is
adopted by reference.
F. Liquefied Petroleum Gas Code (NFPA 58) adopted. The 2015 edition of
the Liquefied Petroleum Gas Code, as published by NFPA, as adopted and hereafter
amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by
reference.
G. International Fuel Gas Code adopted. The 2015 edition of the International
Fuel Gas Code, as published by the International Code Council, as adopted and
hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is
adopted by reference.
Ord. No. 6615
August 15, 2016
Page 20
H. Uniform Plumbing Code adopted. The 2015 edition of the Uniform
Plumbing Code, as published by the International Association of Plumbing and
Mechanical Officials, as adopted and hereafter amended by the State Building Code
Council in Chapter 51-56 WAC, is adopted by reference, including Chapter 12, "Fuel
Piping," Chapter 15, "Firestop Protection," Appendix A, "Recommended Rules for Sizing
the Water Supply System," Appendix B, "Explanatory Notes on Combination Waste and
Vent Systems," Appendix C, "Alternate Plumbing Systems," Appendix I, "Installation
Standards," and those requirements of the Uniform Plumbing Code relating to venting
and combustion air of fuel-fired appliances as found in Chapter 5 and those portions of
the code addressing building sewers.
I. International Energy Conservation Code adopted. The 2015 edition of the
International Energy Conservation Code, as published by the International Code
Council, as amended by the State Building Code Council in Chapters 51-11C and 51-
11R. The most current Washington State Energy Code as established under Chapter
19.27A RCW (most recently amended in 2012). The Washington State Energy Code, as
adopted and hereafter amended by the State Building Code Council in Chapters 51-11C
and 51-11R WAC, is adopted.
J. International Property Maintenance Code adopted. The 2015 edition of the
International Property Maintenance Code , as published by the International Code
Council, - - - - _ - - - - - - - - -- • e : _ ," is adopted by reference
subiectto the exceptions and conditions of Chapter 15.20.
K. International Swimming Pool and Spa Code adopted. The 2015 edition of the
International Property Management Code, as published by the International Code
Council, excluding Chapter 4, "Public Swimming Pools," Chapter 5, "Public Spas and
Public Exercise Spas," and Chapter 6, "Aquatic Recreation Facilities," is adopted by
reference.
L. International Existing Building Code. adopted. The 2015 edition of the
International Existing Building Code, as published by the International Code Council,
and hereafter amended by the State Building Code Council in Chapter 51-50-480101, is
adopted.
M. International Green Construction Code adopted. The 2015 edition of the
International Green Construction Code, as published by the International Code Council
is adopted by reference, as an optional reference for developers who choose to utilize
elements of the code for guidance.
Section 18. Repeal of Section in City Code. That Section 1.25.070 of the
Auburn City Code be and the same hereby is repealed.
Section 19. Repeal of Section 111 of the International Property
Maintenance Code. That Section 111 of the 2015 International Property Maintenance
Code be and the same hereby is repealed.
Ord. No. 6615
August 15, 2016
Page 21
Section 20. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 21. 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 22. 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: AUG 1 5 2016
PASSED: AUG 1'5 2016
APPROVED: AUG f, 1 5 1016
CITY OF AUBURN
ATTEST:
KNA
NA BAAYOR
Danielle E. Daskam, City Clerk
API:"s ED • 'RM:
t, rat ,
►wel B. Heid, ity Attorney
Published: \ ' Ma o
Ord. No. 6615
August 15, 2016
Page 22
TEXT OF REPEALED CODE SECTION
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 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. 5966 § 5, 2006; Ord. 5677 § 2,
2002.) 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.
Ord. No. 6615
August 15, 2016
Page 23
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 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. 5966 § 5, 2006; Ord. 5677 § 2,
2002.)
Ord. No. 6615
August 15, 2016
Page 24