HomeMy WebLinkAbout6708ORDINANCE NO. 6708
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, CREATING
NEW SECTIONS 15.20.75 AND 15.20.77 AND
AMENDING SECTIONS 1.25.030, 1.25.040, 1.25.065
AND 15.20.030 OF THE AUBURN CITY CODE
RELATING TO CODE ENFORCEMENT
WHEREAS, Auburn City Code requires that code enforcement officials
first issue a code violator a Notice to Correct Violation prior to issuing an
infraction for a violation; and
WHEREAS, because some code violations call for a rapid response or
concern damage that is uncorrectable, a Notice to Correct may be superfluous or
cause undue delay in enforcement; and
WHEREAS, RCW 7.80.050 requires code enforcement officers to use a
different process for citing violators depending upon whether the violation occurs
in the official's presence or not; and
WHEREAS, the current requirement that the City send all Notices to
Correct and Civil Penalties by both certified mail and regular post is
cumbersome, unnecessary, and produces confusion; and
WHEREAS, in 2016, the City Council adopted by reference the
International Property Maintenance Code, which is a model code published by
the International Code Council; and
WHEREAS, although the International Property Maintenance Code is a
model code, certain provisions of the Code require the adopting government to
specify measurements, amounts, or dates that it prefers; and
Ordinance No. 6708
December 11, 2018
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WHEREAS, the City is unable to enforce provisions of the Property
Maintenance Code that contain unspecified figures or dates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 1.25.030 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 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
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may amend the notice (a) to correct the notice, (b) for good cause to allow for a
longer time to correct the violation, (c) to amend the scope of violation, or (d) 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.
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 by regular mail,
postage prepaid, to such person(s) at his/her last known address. If the person's
address is unknown, service shall be completed by mailing the notice to the
address of the most recent payer of the property tax for the property, as shown in
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the county's records, and by posting a copy of the notice to correct violation
conspicuously on the affected property or structure. Mailed notices shall be
deemed received three (3) business days after the postmark.
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.
6615 § 5, 2016; 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 2. Amendment to City Code. That section 1.25.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.040 Notice of infraction.
Notwithstanding the provisions of ACC 1.25.030, whenever the code
enforcement official determines that a violation has occurred, he/she shall be
authorized to issue a notice of infraction to the property owner(s) and/or tenant(s)
and/or to any person(s) causing or allowing or participating in the violation. If a
violation occurs outside the official's presence, the official shall file, according to
the process described in RCW 7.80.050, a notice of infraction with the court of
limited jurisdiction for Auburn for the court to issue to the person(s). If a violation
occurs in the official's presence, the official may issue the notice of infraction
either directly to the person(s) or by filing it with the court, according to RCW
7.80.050. Once issued, the infraction shall be processed for court proceedings
in accordance with applicable rules and procedures. (Ord. 6429 § 3, 2012; Ord.
5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord.
4460 § 1, 1991.)
Section 3. Amendment to City Code. That section 1.25.065 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.065 Additional penalty and enforcement provisions
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December 11, 2018
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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 or recurs within 60 days of remediation of the same 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. In the event a violation is remediated
but recurs within 60 days, the city may impose a penalty that is double that of the
above listed penalty amounts. Each day on which a violation or recurrence
thereof 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 regular mail, postage prepaid. 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 regular 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.
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December 11, 2018
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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.
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.
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December 11, 2018
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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.
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, and shall be in similar form,
be filed with the same county office, be enforced and foreclosed in the same
manner, and subject to the same exemptions as state law provides for the
foreclosure of labor and material liens. 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. 6647 § 2, 2017; Ord. 6615 § 7, 2016; Ord. 6328 § 4, 2010.)
Section 4. Amendment to City Code. That section 15.20.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
Ordinance No. 6708
December 11, 2018
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15.20.030 Section 103.1 and 103.5 amended.
Sections 103.1 and 103.5 of the International Property Maintenance Code are
amended to read as follows:
103.1 Department of property maintenance inspection. The department of
community development and public works is responsible for implementation and
enforcement of the International Property Maintenance Code.
103.5 Fees. The fees for activities and services performed by the city in carrying
out its responsibilities under this code, including hearings conducted by the
hearing examiner, shall be as indicated in the City of Auburn Fee Schedule. (Ord.
6615 § 1, 2016.)
Section 5. New Section to City Code. That a new Section 15.20.075 of
the Auburn City Code, entitled "Sections 302.4 and 304.14 Amended -- General
Requirements," is hereby created to read as follows:
15.20.075 Sections 302.4 and 304.14 Amended -- General Requirements.
Sections 302.4 and 302.14 of the International Property Maintenance Code are
amended to read as follows:
302.4 Weeds. Premises and exterior property shall be maintained
free from weeds or plant growth in excess of six inches. Noxious
weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs provided;
however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a
property to cut and destroy weeds after service of a notice of
violation, they shall be subject to prosecution in accordance with
Section 106.3 and as prescribed by the authority having jurisdiction.
Upon failure to comply with the notice of violation, any duly
authorized employee of the jurisdiction or contractor hired by the
jurisdiction shall be authorized to enter upon the property in
violation and cut and destroy the weeds growing thereon, according
to the abatement process contained in ACC 8.12, and the costs of
such removal shall be paid by the owner or against responsible for
the property.
304.14 Insect Screens. During the period from April 1 to October
31, every door, window and other outside opening required for
ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
Ordinance No. 6708
December 11, 2018
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for human consumption are processed, manufactured, packaged or
stored shall be supplied with approved tightly fitting screens of
minimum 16 mesh per inch (16 mesh per 25 mm) and every screen
door used for insect control shall have a self-closing device in good
working condition."
Section 6. New Section to City Code. That a new Section 15.20.077 of
the Auburn City Code, entitled "Sections 602.3 and 602.4 Amended —
Mechanical and Electrical Requirements," is hereby created to read as follows:
15.20.075. Sections 602.3 and 602.4 amended — Mechanical and Electrical
Requirements.
Sections 602.3 and 602.4 of the International Property Maintenance Code are
amended to read as follows:
602.3 Heat Supply. Every owner and operator of any building
who rents, leases or lets one or more dwelling units or sleeping
units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during year-round to maintain a
minimum temperature of 68°F (20°C) in all habitable rooms,
bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter
outdoor design temperature for the locality, maintenance
of the minimum room temperature shall not be required
provided that the heating system is operating at its full
design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the
International Plumbing Code.
2. In areas where the average monthly temperature is
above 30°F (-10C), a minimum temperature of 65°F
(18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces
shall be supplied with heat year-round to maintain a minimum
temperature of 65°F (18°C) during the period the spaces are
occupied.
Exceptions:
Ordinance No. 6708
December 11, 2018
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1. Processing, storage and operation areas that require
cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous
physical activities."
Section 7. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 8. 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 9. 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.
ATTEST:
Ordinance No. 6708
December 11, 2018
Page 10 of 11
INTRODUCED: DEC 17 2018
PASSED: DEC 17 7018
APPROVED: DEC 17 2018
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
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Steven L. Gross, City Attorney
Published: _ _ ,�2-z , Se����
Ordinance No. 6708
December 11, 2018
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