HomeMy WebLinkAbout5246 ORDINANCE NO. 5 2 4 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 10.02 ENTITLED "COMMUTE TRIP
REDUCTION (CTR) PLAN" TO INCORPORATE CHANGES MADE TO THE STATE
CTR LAW PER RCW 20.94.521-551 AND THE CTR TASK FORCE GUIDELINES,
AMENDING CHAPTER 1.25 ENTITLED CIVIL PENALTIES FOR VIOLATIONS" TO
PROVIDE CIVIL PENALTIES FOR VIOLATION OF AUBURN CITY CODE CHAPTER
10.02, AND AMENDING CHAPTER 10.36 SECTION 390 ENTITLED "TWO-HOUR
PARKING ZONES," AND SECTION 500 ENTITLED "PASSENGER LOADING
ZONES" TO CREATE A LOADING ZONE ON A PORTION OF AUBURN AVENUE TO
FACILITATE ACCESS TO THE WHEELCHAIR RAMP FOR AUBURN REGIONAL
MEDICAL CENTER.
WHEREAS, the City desires to update City Code Chapter 10.02
to incorporate changes made to the State CTR Law per RCW
70.94.521-551 and the CTR Task Force Guidelines; and
WHEREAS, the City desires to set forth civil penalties for
violation of Auburn City Code Chapter 10.02; and
WHEREAS, the City desires to create a loading zone on a
portion of Auburn Avenue that is currently a two-hour parking
zone to facflitate access to the wheelchair ramp for the Auburn
Regional Medical Center;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE: The purpose of this ordinance is to
amend Auburn City Code as follows:
Ordinance No. 5246
06/07/99
Page 1
a. Chapter 10.02, ~Commute Trip Reduction (CTR) Plan" as set
forth in Exhibit ~A" attached hereto and incorporated
herein by this reference to incorporate recent changes to
the State CTR Law per RCW 70.94.521-551 and the CTR Task
Force Guidelines; and
b. Chapter 1.25, ~Civil Penalties for Violations" as set
forth in Exhibit ~B" attached hereto and incorporated
herein by this reference to set for penalties for
violation of Auburn City Code 10.02; and
c. Chapter 10.36.390, ~Two-hour parking zones," as set forth
in Exhibit ~C" attached hereto and incorporated herein by
this reference to eliminate a portion of a two-hour
parking zone on Auburn Avenue adjacent to the Auburn
Regional Medical Center; and
d. Chapter 10.36.500, ~Passenger loading zones," as set
forth in Exhibit ~D" attached hereto and incorporated
herein by this reference to create a passenger loading
zone on a portion of Auburn Avenue adjacent to the Auburn
Regional Medical Center.
Ordinance No. 5246
06/07/99
Page 2
Section 2. CONSTITUTIONALTTY OR INV~T. IDITY: If any
section, subsection, clause, phrase, or sentence, of this
Ordinance, is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby
expressly declared that this ordinance and each section,
subsection, clause, phrase, or sentence, hereof would have been
prepared, proposed, adopted, and approved and ratified
irrespective of the fact that any one or more section,
subsection, clause, phrase, or sentence, be declared invalid or
unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval, and
publication, as provided by law.
Ordinance No. 5246
06/07/99
Page 3
INTRODUCED: JUNE 21o 1999
PASSED: JUNE 21, 1999
APPROVED: JUNE 21, 1999
CHARLES A. BOOTH
HAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5246
06/07/99
Page 4
Exhibit "A"
Chapter 10.02
COMMUTE TRIP REDUCTION (CTR) PLAN
Sections:
10.02.005 Findings.
10.02.010 Definitions.
10.02.020 Commute trip reduction goals.
10.02.030 Designation of CTR zone and base year values.
10.02.040 City of Auburn CTR plan.
10.02.050 Responsible agency.
10.02.060 Applicability.
10.02.070 Requirements for employers.
10.02.080 Recordkeeping.
10.02.090 Annual reportsSchedule and process fbr CTR reports, program review and
implementation.
10.02.095 Program review. modifications. and implementation.
10.02.100 Requests for ,,vaiver-sexemptions or ~modificationJi of CTR requirements.
10.02.110 Credit for transportation demand management efforts.
10.02.120 Appeals.
10.02.130 Enforcement.
10.02.005 Findings.
The City of Aubum recognizes the importance of increasing individual citizens' awareness of air
quality, energy consumption, and traffic congestion and the contribution individual actions can
can make toward addressing these issues.
10.02.010 Definitions.
For the purpose of this chapter, the following definitions shall apply in the interpretation and
enforcement of this chapter:
A. "Affected employee" means a full-time employee who is scheduled to begin his or her regular
work day at a single worksite between 6:00 a.m. and 9:00 a.m., inclusive, on two or more
weekdays per week for at least 12 continuous months. Shareholders, principles and associates in a
corporation, general or limited partners in a partnership and participants in a joint venture are to
be considered employees.
B. "Affected employer" means a public or private employer that, for 12 continuous months,
employs 100 or more full-time employees at a single worksite who are scheduled to begin their
regular work day between 6:00 a.m. and 9:00 a.m., inclusive, on two or more weekdays. The
individual employees may vary during the year. Construction worksites, when the expected
duration of the construction is less than two years, are excluded from this definition.
C. "Alternative mode" means any type of commute transportation other than that in which the
single-occupant motor vehicle is the dominant mode, including telecommuting and compressed
work weeks, if they result in reducing commute trips.
D. "Altemative work schedules" means programs such as compressed work weeks that eliminate
work trips for affected employees.
E. "Base year" means the period from January 1, 1992, through December 31, 1992, on which
goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle
(SOV) trips shall be based.
F. "Carpool" means a motor vehicle occupied by two (2) to six (6) people traveling together for
their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
tiG. "City" means the city of Auburn.
GH. "Commute trips" mean trips made from a worker's home to a worksite with a regularly
scheduled arrival time of 6:00 a.m. to 9:00 a.m., inclusive, on weekdays.
Exhibit "A"
Ordinance No. 5246
t4I. "CTR plan" means the city's plan to regulate and administer the CTR programs of affected
employers within its jurisdiction.
~,[. "CTR program" means an employer's strategies to reduce affected employees' SOV use and
VMT per employee.
.-I'K. "CTR zone" means an area, such as a census tract or combination of census tracts, within the
city characterized by similar employment density, population density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are
determined to affect the level of SOV commuting.
t4L. "Compressed work week" means an alternative work schedule in accordance with employer
policy that regularly allows a full-time employee to eliminate at least one work day every two
weeks by working longer hours during the remaining days, resulting in fewer commute trips by
the employee. This definition is primarily intended to include weekly and biweekly arrangements,
the most typical being four 10-hour days or 80 hours in nine days, but may also include other
arrangements. Compressed work weeks are understood to be an ongoing arrangement.
t,M. "Dominant mode" means the mode of travel used for the greatest distance of a commute trip.
MN_. "Employee" means anyone who receives financial or other remuneration in exchange for
work provided to an employer, including owners or partners of the employer.
N0. "Employer" means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district or other individual or entity,
whether public, nonprofit, or private, that employs workers.
P. "Exemption" means a waiver from any or all CTR program requirements granted to an
employer by the City based on unique conditions that apply to the employer or employment site.
OQ. "Flex-time" is an employer policy allowing individual employees some flexibility in
choosing the time, but not the number, of their working hours to facilitate the use of alternative
modes.
I~R. "Full-time employee" means a person other than an independent contractor scheduled to be
employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per
week.
S. "Good f~tith effort" means that an employer has met the minimum requirements identified in
RCW 70.94.531 and this chapter and is working collaboratively with the City to continue its
existing CTR program or is developing and implementing program modifications likely to result
in improvements to its CTR program over an agreed upon length of time.
I~_T. "Implementation" means active pursuit by an employer of the CTR goals stated in RCW
70.94.521 through 70.94.551 and in this chapter as evidenced by appointment of a transportation
coordinator, distribution of information to employees regarding alternatives to SOV commuting,
and commencement of other measures according to their CTR program and schedule.
gU. "Mode" means the type of transportation used by employees, such as single-occupant motor
vehicle, fideshare vehicle (carpool/vanpool), Wansit, ferry, tbicycle, and walking, compressed
work schedule, and telecommuting.
V. "Notice" means written communication delivered via the United States Postal Service with
receipt deemed accepted three days following the day on which the notice was deposited with the
Postal Service unless the third day falls on a weekend or legal holiday in which case the notice is
deemed accepted the day after the weekend or legal holiday.
gW. "Peak period" means the hours fi'om 6:00 a.m. to 9:00 a.m., inclusive, Monday through
Friday, except legal holidays.
:t:X. "Peak period trip" means any employee trip that delivers the employee to begin his or her
regular workday between 6:00 a.m. and 9:00 a.m., inclusive, Monday through Friday, except
legal holidays.
xo'X_. "Proportion of single-occupant vehicle trips" or "SOV rate" means the number of commute
trips over a set period made by affected employees in SOVs divided by the number of potential
trips taken by affected employees working during that period.
Exhibit "A"
Ordinance No. 5246
~Z. "Single-occupant vehicle (SOV)" means a motor vehicle occupied by one employee for
commute purposes, including a motorcycle.
-X~AA. "Single-occupant vehicle (SOV) trips" means commute trips made by affected employees
in SOVs.
XBB. "Single worksite" means a building or group of buildings on physically contiguous parcels
of land or on parcels separated solely by private or public roadways or rights-of-way occupied by
one or more affected employers.
¥CC. "Telecommuting" means the use of telephones, computers, or other similar technology to
permit an employee to work from home, eliminating a commute trip, or to work from a work
place closer to home, reducing the distance traveled in a commute trip by at least half.
DD. "Transit" means a multiple-occupant vehicle operated on a for-hire, shared-ride basis,
including bus. ferry, rail, shared-fide taxi. shuttle bus, or vanpool. A transit trip counts as zero (0)
vehicle trips.
EE. "Transportation Demand Management (TDM)" means a broad range of strategies that are
primarily intended to reduce and reshape demand on the transportation system.
ZFF. "Transportation management association (TMA)" means a group of employers or an
association representing a group of employers in a defined geographic area. A TMA may
represent employers within specific city limits, or may have a sphere of influence that extends
beyond city limits.
GG. "Vanpool" means a vehicle occupied by from seven (7) to fifteen (15) people traveling
together fbr their commute trip that results in the reduction of a minimum of one motor vehicle
trip. A vanpool trip counts as zero (0) vehicle trips.
AAItH. "Vehicle miles traveled (VMT) per employee" means the sum of the individual vehicle
commute trip lengths in miles made by affected employees over a set period divided by the
number of affected employees during that period.
BB. "Waiver" means an exemption from CTR program requirements granted to an employer by
the city based on unique conditions that apply to the employer or employment site.
GGII. "Week" means a seven day calendar period, starting on Monday and continuing through
Sunday.
DDJJ. "Weekday" means any day of the week except Saturday or Sunday. (Ord. 4602 § 2, 1993.)
KK. "Writing," "Written." or "In Writing" means original signed and dated documents.
Facsimile (fax) transmissions are a temporary notice of action that must be followed by the
original signed and dated document via mail or delivery.
10.02.020 Commute trip reduction goals.
The commute trip reduction goals for employers affected by this chapter are to achieve the
following reductions in vehicle miles traveled SOV trips and VMT per employee as well as in
the proportion of single occupant vehicles from the 1992 base year value of Aubum's CTR zone:
A. 15 percent by January 1, 1995 reduction after two years;
B. 25 20percent by January 1, 1997 reduction after four years;
C. ~5.25 percent by January I, 1999. reduction after sixyears; (Ord. 4602 § 2, 1993.)
D. 35 percent reduction after twelve years.
10.02.030 Designation of CTR zone and base year values.
Employers in the city are included within the South King County CTR zone which is designated
by the boundaries shown on the map in Attachment "B" to this chapter and incorporated herein.
The base year value of this zone for proportion of SOV trips shall be 85 percent. The base year
value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Commute trip
reduction goals for major employers shall be calculated from these values, or the work site base
year value. Therefore, affected employers in the city shall establish programs designed to result in
SOV rates of not more than 72 percent in 1995. or two years after program implementation
Exhibit "A"
Ordinance No. 5246
begins;; 64-68percent in 1997, or four years after program implementation begins; and --5-564
percent in 1999, or six years after program implementation begins; and 55 percent in 2005, or
twelve years after program implementation begins. andThe VMT per employee of not more than
goals should be 7.9 miles in 1995, or two years after program inlplementation begins: 7.0,~ miles
in 1997, or four years after program implementation begins;and 62.0 miles in 1999: or six years
after program implementation begins; and 6.0 miles in 2005, or twelve years after program
implementation begins. (Ord. 4602 § 2, 1993.)
10.02.040 City of Auburn CTR plan.
The 1992 city of Auburn CTR plan is set forth in Attachment "A" to this chapter and incorporated
herein. The city's CTR plan shall be reviewed annually by the city council and revised if
necessary to be consistent with applicable plans developed under RCW 36.70A.070. (Ord. 4602 §
2, 1993.)
10.02.050 Responsible agency.
The city public works department shall be responsible for implementing this chapter, the CTR
plan, and the city's CTR program for its own employees. (Ord. 4602 § 2, 1993.)
10.02.060 Applicability.
The provisions of this chapter shall apply to any affected employer at any single worksite within
the corporate limits of the city. Employees will only be counted at their primary worksite. The
following classifications of employees are excluded from the counts of employees: (1) seasonal
agricultural employees, including seasonal employees of processors of agricultural products and
(2) employees of eonslruction worksites when the expected duration of the construction is less
than two years.
A. Notification of Applicability.
1. Known affected employers located within the city shall be notified in writing by certified mail
that they are subject to the provisions of this chapter.
2. Affected employers that, for whatever reason, do not receive written notice, must identify
themselves to the city upon determining they are defined as "affected employers". Once they
identify themselves, such employers will be granted 150180 days within which to develop and
submit a CTR program.
3. Any existing employer of 75 or more persons who obtains a business license or business
registration from the city will be required to complete an employer assessment form to determine
whether or not an employer will be deemed affected or non-affected in accordance with the
provisions of this chapter.
B. New Affected Employers. Employers that meet the definition of "affected employer" in this
chapter must identify themselves to the city within 180 days of either moving into the boundaries
of the city or increasing employment at a worksite to 100 or more affected employees. Once they
identify themselves, such employers shall be granted ! 50 180 days to develop and submit a CTR
program. Employers that do not identify themselves within 180 days are in violation of this
chapter. New affected employers shall have two years to meet the first CTR goal of a 15 percent
reduction from the base year values identified in ACC 10.02.030; four years to meet the second
CTR goal of a -2-5 20 percent reduction; and six years to meet the third CTR goal of a :3-525
percent reduction; and twelve years to meet the fourth goal of a 35 percent reduction from the
time they begin their CTR program.
C. Change in Status as an Affected Employer. Any of the following changes in an employer's
status will change the employer's CTR program requirements:
1. If an affected employer can document that it faces an extraordinary circumstance that will
change its status as an affected employer, it can apply for an ,,vai¥~xemption pursuant to ACC
10.02.100(A).
Exhibit "A"
Ordinance No. 5246
2. If an employer initially designated as an affected employer no longer employs 1 O0 or more
affected employees and h~o e~cpects not to employe~ 100 or more affected employees for the
next 12 months, that employer is no longer an affected employer. It is the responsibility of the
employer to provide documentation to the city that it is no longer an affected employer.
3. If the same employer returns to the level of 100 or more affected employees within the same 12
months, that employer will be considered an affected employer for the entire 12 months and will
be subject to the same program requirements as other affected employers.
~_. If the same employer returns to the level of 100 or more affected employees 12 or more
months after its change in status to an "unaffected" employer, that employer shall be treated as a
new affected employer and will be subject to the same program requirements as other new
affected employers. (Ord. 4602 § 2, 1993 .)
10.02.070 Requirements for employers.
An affected employer is required to make a good faith effort, as defined in RCW 70.94.534(2)
and this chapter, to develop and implement a CTR program that will encourage its employees to
reduce VMT per employee and SOV commute trips. The CTR program must include the
mandatory elements described herein, including submittal of a CTR program description and
annual progress report on employee commuting and progress toward meeting the SOV goals.
Transportation management associations may submit CTR program descriptions and annual
reports on behalf of employers; however, each employer shall remain accountable for the success
of its own program.
A. Description of Employer's CTR Program. Each affected employer is required to submit a
description of its CTR program to the city on the official form available from the public works
department. The CTR program description presents the strategies to be undertaken by an
employer to achieve the commute trip reduction goals for each goal year. Employers are
encouraged to consider innovative strategies and combine program elements in a manner that xvill
best suit their location, site characteristics, business type, and employees' commuting needs.
Employers are further encouraged to cooperate with each other and to form or use transportation
management organizations in developing and implementing CTR pro_re'am. At a minimum, the
employer's description must include:
1. General description of each employment site location within the city limits, including
transportation characteristics, surrounding services, and unique 'conditions experienced by the
employer or its employees;
2. Number of employees affected by the CTR program;
3. Documentation of compliance with the mandatory CTR program elements as described in
subsection B of this section;
4. Description of the additional elements included in the CTR program; and
5. Schedule of implementation, assignment of responsi. bilities, and commiUnent to provide
appropriate resources to carry out the CTR program.
B. Mandatory Program Elements. Each employer's CTR program shall include the following
mandatory elements:
1. Transportation Coordinator. The employer shall designate a transportation coordinator to
administer the CTR program. The coordinator's and/or designee's name, location, and telephone
number must be displayed prominently at each affected worksite. The coordinator shall oversee
all elements of the employer's CTR program and act as liaison between the employer and the city.
The objective is to have an effective transportation coordinator presence at each worksite: ~,an
affected employer with multiple sites may have one transportation coordinator for all sites.
2. Information Distribution. Information about alternatives to SOV commuting shall be provided
to employees at least once a year. This shall consist of, at a minimum, a summary of the
employer's CTR program, including ETC name and phone number. Employers must also provide
a summary of their CTR program to all new employees at the time of hire. Each employer's CTR
Exhibit "A"
Ordinance No. 5246
program description and annual report must describe what information is to be distributed by the
employer and the method of distribution.
3. Annual Progress Report. The CTR program must include an annual review of employee
commuting and of progress toward mooring the SOV reduction goals. Affected employers shall
file a progress report annually with the city in accordance with section subsection 090 of this
chapter. The employer should contact the city's public works department for the format of the
report. Stu'vey information or alternative intbrmation approvod by the public workz director shall
be required in the 1995, 1997 and 1999 reports.
4. Additional Program Elements. In addition to the specific CTR program elements described
above, the employer's CTR program shall include a set of measures designed to meet CTR goals.
Measures may include. but are not limited to. one or more of the following: (Ord. 4602 § 2,
1993.)
a. Provision of preferential parking or reduced parking charges. or both. Ibr high-occupancy
vehicles;
b. Instituting or increasing parking charges for SOVs:
c. Provision of commuter ride matching services to facilitate employee fide-sharing tbr commute
trips;
d, Provision of subsidies for uzansit ti~res:
e. Provision of vans for vanpools:
t~ Provision of subsidies for carpeels or vanpools:
g. Permitting the use of the employer's vehicles for carpooling or vanpooling;
h. Permitting flexible work schedules to facilitate employees' use of transit. carpeels, or
vanpools:
i. Cooperation with transportation providers to provide additional regular or express service to the
worksite:
j. Construction of special loading and unloading facilities for transit, carpeel, and vanpool users:
k. Provision of bicycle parking facilities. lockers. changing areas, and showers for employees
who bicycle or walk to work;
1. Provision of a program of parking incentives such as a rebate for employees who do not use the
parking facilities;
m. Establishment of a program to permit employees to work part- or full-time at home or at an
alternative worksite closer to their homes;
n. Establishment of a program of alternative work schedules, such as a compressed work week
which reduces commuting: and
o. Implementation of other measures designed to facilitate the use of high-occupancy vehicles,
such as on-site day care facilities and emergency taxi services.
10.02.080 Recordkeeping.
Affected employers shall maintain all records as required by the public works director. (Ord.
4602 § 2, 1993.)
10.02.090 Schedule and process for CTR reports, program review and
implementationAnnual reports.
A. CTR Program. The employer shall develop a CTR program and shall submit to the city a
description of such CTR program for review not more than six months after the ett~ctive date of
this chapter or ~vithin six months after an employer b~omes subject to the provisions of this
An. aft~cted employer' s CTR program must include an annual review of employee commuting,
progress. and good faith efforts toward meeting the SOV reduction goals. The employer should
contact the city's public works department for the format of the report. Survey information or
Exhibit "A"
Ordinance No. 5246
alternative inlbrmation approved by the public works director must be provided in the reports
submitted in the second. fourth, sixth, eighth, tenth, and twelfth years after program
implementation begins. Note: For worksites which have been participatirlg in the CTR program
since the beginning. this requirement applies to the 1995. 1997, 1999. 2001. 2003. and 2005
annual reports.
-BA. CTR Annual Reporting Date. Employers will be required to submit an annual CTR report to
the city beginning with the first annual reporting date assigned during the initial CTR program
submittal. The annual reporting date shall be no less than 12 months from the day the initial CTR
program description is submitted. SUbsequent years' reports will be due on the same date each
year.
GB. Content of Annual Report. The annual progress report shall describe each of the CTR
measures that were in effect for the previous year, the results of any commuter surveys
undertaken during the year, and the number of employees participating in CTR programs. c ........
intbrmation or alternative information approved by the public works director must be provided in
the 1995, 1997, and 1999 reports.
1. Annual reports will be deemed acceptable if the annual report form is complete and contains
information about implementation of the prior year's CTR program elements and proposed new
program elements and implementation schedule. Annual reports must also contain a review of
employee commuting and report of progress toward meeting SOV goals.
t~. 10.02.095 Program Review and Modifications.
-The city shall provide the employer with written notification indicating whether a CTR program
was approved or deemed unacceptable.
I. Initial CTR program descriptions will be deemed acceptable if all required information on the
program description form is provided.
2. Annual reports will be deemed acceptable if the annual report form is complete and contains
information about implementation of the prior year's CTR program elements and proposed new
program elements and implementation schedule. Annual reports must aim contain a review of
employee commuting and report of progress toward meeting SOV goals.
3. Beginning in 1995, the CTR programs described in the annual reports will be deemed
acceptable if either the SOV trip or the VMT per employee goals have been met. If neither goal
has been met, the employer must propose modifications designed to make progress toward the
applicable goal in the coming year. If the revised program is not approved, the city shall propose
modifications to the program and direct the employer to revise its program within 30 days to
incorporate those modifications or modifications which the juri~iction determines to be
equivalent.
2. If an employer makes a good fitith effort. as defined in RCW 70.94.543(2) and this chapter, and
meets either or both the applicable SOV or VMT goal. the employer has satisfied the objectives
of the CTR plan and will not be required to modify its CTR program,
3. If an employer makes a good faith effort. as defined in RCW 70.94.534(2) and this chapter. but
has not met or not likely to meet the applicable SOV or VMT goal. the Ci.ty shall work
collaboratively with the employer to make modifications to its CTR program. After agreeing on
modifications, the employer shall submit a revised CTR pro~'am description to the City for
approval within 30 days of reaching an agreement.
4. If an employer fails to make a good faith eftbrt. as defined in RCW 70.94.534(2) and this
chapter. and fails to meet either the applicable SOV or VMT reduction goal, the City shall work
collaboratively with the employer to identify modifications to the CTR program and shall direct
the employer to revise its program within 30 days to incorporate the modifications. In response
to the recommended modifications. the employer shall submit a revised CTR program
description. including the requested modifications or equivalent measures. within 30 days of
Exhibit "A"
Ordinance No. 5246
receiving written notice to revise its program. The City shall review the revisions and notify the
employer of acceptance or rejection of the revised program, If a revised program is not accepted,
the City will send written notice to that effect to the employer within 30 days and. if necessary,
require the employer to attend a conference with program review staff for the purpose of reaching
a consensus on the required program. A final decision on the required program will be issued in
writing by the City within ten working days of the conference.
lift. Implementation of Employer's CTR Program. The employer shall implement the approved
CTR program not more than 180 days after the CTR program was first submitted to the city
unless extensions allow for late implementation. Implementation of CTR programs that have been
modified based on non-attainment of CTR goals must occur within 30 days following city
approval of such modifications. (Ord. 4602 § 2, 1993.)
10.02.100 Requests tbr waiversRequests tbr exemptions or/-modi~cationfi-of CTR
requirements.of CTR requirements.
A. Employer ExemptionsWaivers. An affected employer may submit a request tothe city to grant
a waiver an exemption from all CTR program requirements or penalties for a particular worksite.
A waiver may be granted if and only if the affected The employer must demonstrates that it faces
would experience undue hardship in complying with the requirements of this chapter as a result
of the characteristics of its business. its work force. or its location(s). An exemption may be
granted if and only if the affected employer demonstrates that it lhces an extraordinary
circumstances, such as bankruptcy. as a result of the characteristics of its business, its work force,
or its location(s) and is unable to implement measures that could reduce the proportion of SOV
trips and VMT per employee. Requests for waivers applying to the initial CTR program submittal
are due within three months after the employer has been notified that it is subject to chapter and
thereafter requests can be made at any time. Requests must be made in ~Titing by certified mail
or delivery, retum receipt. Exemptions may be granted by the city at any time based on written
notice provided by the affected employer. The notice should clearly explain the conditions for
which the affected employer is seeking an exemption from the requirements of the CTR program.
The city shall review annually all employers receiving waivers exemptions and shall determine
whether the ,,vaivor-exemption will continue to be in effect during the following CTR program
year.
B. Employee Exemptions. Specific employees or groups of employees who are required to drive
alone to work as a condition of employment may be exempted from a worksite's CTR program.
Exemptions may also be granted for employees who work variable shifts throughout the year and
who do not rotate as a group to identical shifts. The city will use the criteria identified in the
CTR Task Force Guidelines to assess the validity of employee exemption requests. The city shall
review annually all employee exemption requests. and shall determine whether the exemption
will be in effect during the following program year.
ti~C. Goal Modification. Any affected employer may request that the city a-modifXication i_l~. of
CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the
worksite is required to submit its program description and annual report. The goal modification
request must clearly explain why the worksite is unable to achieve the applicable goal. The
worksite must also demonstrate that it has implemented all of the elements contained in its
approved CTR program. The city will review and grant or deny requests for goal modifications
in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An
employer may not request a modification of the applicable goals until one year after the city
approves its initial program description or annual report. Grounds tbr granting modification are
limited to the tbllowing:
1. An affected employer can demonstrate it requires:
Exhibit "A"
Ordinance No. 5246
a. Signiticant numbers of its employees to use the vehicles they drive to work during the work
day for work purposes, that no reasonable alternative commute mode exists for these employees,
and that the vehicl~ cannot reasonably be used for carpeels or vanpools; and/or
b. Some employees to work variable shitts during the year, so that these employees sometimes
begin their shifts within the 6:00 a.m. to 9:00 a.m. time period and other times begin their shifts
outside that time period: provided that, if there are a significant number of employees who work
an identical shift rotation, such employees shall bc pan of the employer's CTR program
measurement, as they form enough of a consistent pool to maintain ridesharing arrangements.
If the employer provides documentation indicating how many employees meet either of these
conditions, the applicable goals will not be changed, but the employees who fall into these
categories will not be included in the calculations el'proportion of SOV trips and VMT per
employee used to determine the employer's progress to~vard CTR program goals.
2. An aft~cted employer demonstrates that its worksite is contiguous with a CTR zone boundary
and that the ~vorksite conditions affecting alternative commute options are similar to those for
employers in the adjoining CTR zone. Under this condition. the employer's worksite may be
made subject to the same goals for \~IT per employee and proportion of SOV trips as employers
in the adjoining CTR zone.
3. Employers may only request a modification based on conditions 1 and 2 above within three
months after being notified that they are subject to this chapter.
4. Unanticipated conditions, such as unavailability of alternative commute modes due to factors
related to the worksite, an employer's work force, or characteristics of the business that are
beyond the employer's control. A request for goal modification based on this condition must be
made by the employer's assigned reporting dates in 1995 and 1997.
5. Relocation of a worksite to another CTR zone. Requests for goal modification based on this
condition may be made at any time. All requests for modification of CTR program goals must be
made in ~witing by certified mail or delivery, return receipt.
GD. Modification of CTR Program Elements. If an employer wants to change a particular aspect
of its CTR program during the period of time between annual reporting dates, the employer must
contact the city. Any affected employer may submit a request to the city for modification of CTR
program elements, other than the mandatory elements specified in this chapter. including record
keeping requirements. Such request may be granted if one of the following conditions exist:
1. The employer can demonstrate it would be-unable to comply with the CTR program elements
for reasons beyond the control of the employer, or
2. The employer can demonstrate that compliance with the program elements would constitute an
undue hardship, This may include evidence from employee surveys administered at the worksite:
first. in the base year. showing that the employer's own base year values of VMT per employee
and SOV rates were higher than the CTR zone average; and/or secondly. in the goal measurement
year(s), showing that the employer has achieved reductions from its own base values that are
comparable to the reduction goals established for the employer's CTR zone.
DE. Extensions. An employer may request additional time to submit a CTR program or CTR
annual progress report, or to implement or modify a program for reasonable causes.
1. Such requests shall be made in writing to the city's public works director 30 days before the
due date for which the extension is being requested. In addition, all requests for extensions must
be made prior to the due date anytime a program submission is going to be more than one week
late.
2. Extensions shall not exceed 90 days. Employers shall be limited to a total of 90 allowed
extension days per year.
3. Extensions shall not exempt an employer from any responsibility in meeting CTR program
goals. Extensions granted due to delays or difficulties with any program element(s) shall not be
cause for discontinuing or failing to implement other CTR program elements.
Exhibit"A"
Ordinance No. 5246
4. An employer's annual reporting date shall not be adjusted permanently as a result of these
extensions. An employer's annual reporting date may be extended at the discretion of the public
works director. (Ord. 4602 § 2, 1993.)
10.02.110 Credit for transportation demand management efforts.
A. As public recognition tbr their efforts, employers with VMT per employee and proportion of
SOV trips lower than the zone average will receive a Commute Trip Reduction Certificate of
Leadership from the city.
AB. Credit for Programs Implemented Prior to the Base Year. Employers with successful TDM
programs implemented prior to the 1992 base year may apply to the city for program credit.
1. Employers whose VMT per employee and proportion of SOV trips are already equal to or less
than the goals for one or more future goal years, and who commit in writing to continue their
current level of effort, shall be exempt from the following year's annual report.
2. Employers applying for the program credit in their initial 1993 program description shall be
considered to have met the 1995 CTR goals if their VMT per employee and proportion of SOV
trips are equivalent to a 12 percent or greater reduction from the base year zone values. This three
percentage point credit applies only to the 1995 CTR goals.
3. For the initial year, employer requests for program credit are due within three months after
notification that the employer is subject to this chapter. Requests for program credit must be
received by the employer's assigned reporting dates in 1995 and 1997 for succeeding years.
4. Application for a program credit shall include an initial program description, written
commitment on an official report form to maintain program elements, and results from a survey
of employees, or equivalent information that establishes the applicant's VMT per employee and
proportion of SOV trips.
BC. Credit for Alternative Work Schedules, Telecommuting, Bicycling and Walking, by Affected
Employees.
1. The city will count commute trips eliminated through alternative work schedules,
telecommuting options, bicycling and walking as 1.2 vehicle trips eliminated. This assumption
applies to both the proportion of SOV trips and VMT per employee.
2. This type of credit is applied when calculating the SOV and VMT rates of affected employers.
(Ord. 4602 § 2, 1993 .)
10.02.120 Appeals.
A. Employers may file a written appeal of final administrative decisions regarding the following
actions:
1. Rejection of an employer's proposed CTR program.
2. Denial of an employer's request for a waiver or modification of any of the requirements under
this chapter or a modification of the employer's CTR program.
3. Denial of credits requested under ACC 10.02.110.
B. All appeals must be filed with the city's public works department within 20 days after the final
administrative decision is issued. Appeals shall be heard by the city's hearing examiner pursuant
to Chapter 18.66 ACC. Determinations on appeals shall be based on whether the decision being
appealed was consistent with applicable state law and the Guidelines of the State Task Force. The
hearing examiner's determination shall be final unless appealed to the city council pursuant to
Auburn City Code 18.66.160. (Ord. 4602 § 2, 1993.)
10.02.130 Enforcement.
A. Compliance. For purposes of this chapter, "compliance" shall mean submitting required
reports and documentation at prescribed times and fully implementing in good faith all provisions
in an ac4:epted approved CTR program.
Exh:i.b-lt "A"
Ord~.nance No. 5246
ftg. Violations. Any violation of this chapter shall be enforced pursuant to the provisions of
Chapter 1.25 ACC. The following actions shall constitute a violation of this chapter:
1. Failure to implement an approved CTR program, unless the program elements that are carried
out can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as
specified in this chapter. Failure to implement a CTR program includes but is not limited to:
a. Failure of any affected employer to submit a complete CTR program within the deadlines
specified in ACC 10.02.090;
b. Failure to submit required documentation for annual reports;
c. Submission of fraudulent data.
2. Failure to modify a CTR program found to be unacceptable by the city under ACC
10.02.090(D).
3. Failure to make a good faith effort, as defined in RCW 70.94.534(4) and this chapter.
C. Penalties.
1. No affected employer xvith an approved CTR program may be held liable ~>r thilure to reach
the applicable SOV or VMT goals.
2__. Each day of failure by an employer to (a) implement a CTR program, or (b) modify an
unacceptable CTR program shall constitute a separate violation,. subject to penalties as described
in ACC 1.25.
D. Exemption from Civil Liability. An affected employer shall not be liable for civil penalties if
failure to implement an element of a CTR program was the result of an inability to reach
agreement with a certified collective bargaining agent under applicable laws where the issue was
raised by the employer and pursued in good faith. Unionized employers shall be presumed to act
in good faith compliance if they: (a) Propose to a recognized union any pro, vision of the
employer's CTR program that is subject to bargaining as defined by the National Labor Relations
Act; and (b) Advise the union of the existence of the statute and the mandates of the CTR
program approved by the city and advise the union that the proposal being made is necessary for
compliance with RCW 70.94.531. (Ord. 4602 § 2, 1993.)
Exhibit "A"
Ordinance No. 5246
EXHIBIT B
Chapter 1.25
CIVIL PENALTIES FOR VIOLATIONS
Sections:
1.25.010 Purpose.
1.25.020 Definitions.
1.25.030 Notice to correct violation.
1.25.040 Notice of failure to correct violation.
1.25.050 Notice of hearing.
1.25.060 Stop work order.
1.25.070 Notice of violation of stop work order.
1.25.080 Enforcement authority.
1.25.090 Interpretation.
1.25.100 Hearing examiner.
1.25.110 Collection of monetary penalty.
1.25.120 Collection enforcement and/or abatement.
1.25.130 Additional enforcement procedure.
1.25.140 Constitutionality or invalidity.
1.25.160 SeVerability.
1.25.010 Purpose.
It is the purpose of this chapter to provide civil penalties for non-fire code
violations of Auburn City Code Titles 8, .10,12, 13, 15, 16, 17 and 18, all
standards, regulations and procedures adopted pursuant to those titles, and the
terms and conditions of any permit or approval issued pursuant to those titles
which do not involve imminent danger to the public health, safety and welfare of
persons or property. Criminal penalties provided in this code for non-fire violation
of Titles 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and
procedures adopted pursuant to those titles and the terms and conditions of any
permit or approval issued pursuant to those titles whether contained in Chapter
1.24 ACC or in the individual titles are superseded to the extent provided herein.
It is the intent of this chapter to permit a timely and efficient means of
enforcement, to establish definitions, monetary penalties for violations and a
hearing process before the hearing examiner. (Ord. 4460 § 1, 1991 .)
1.25.020 Definitions.
Except where specifically defined in this section, all words used in this chapter
shall carry their customary meanings. The word "shall" is always mandatory, and
the word "may" denotes a use of discretion in making a decision.
A. "Act" means doing or performing something.
B. "Code enforcement official" means the building and land use codes
enforcement manager or his/her designee empowered to enforce a violation of
Titles 8, 10.12, 13, 15, 16, 17 and 18, and all standards, regulations and
procedures adopted pursuant to those titles and the terms and conditions of any
permit or approval issued pursuant to those titles of this code.
Exhibit B
Ordinance No. 5246
C. "Emergency" means a situation or civil violation which in the opinion of the
code enforcement official requires immediate action to prevent or eliminate an
imminent threat to the public health, safety or welfare of persons or property.
D. "Hearing examiner" means the office of the hearing examiner created
pursuant to Title 18 of this code and provided for herein as the officer presiding
over violation and stop work hearings.
E. "Omission" means a failure to act.
F. "Person" includes any natural person, his heirs, executors, administrators or
assigns, and also includes a firm, partnership or corporation, its or their
successors or assigns, or the agent of any of the aforesaid.
G. "Stop Work Order." Whenever any work is being done which constitutes a
"violation" under subsection H of this section, the code enforcement official may
order the work stopped by notice in writing served on any persons engaged in
the doing or causing of such work to be done, and any such persons shall
forthwith stop such work until authorized by the code enforcement official to
proceed with the work.
H. "Violation" means an act or omission contrary to requirements contained in
Titles 8, 12, 13, 15, 16, 17 and/or 18, and/or all standards, regulations and
procedures adopted pursuant to those titles and the terms and/or conditions of
any permit or approval issued pursuant to those titles. (Ord. 4460 § 1, 1991 .)
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code 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. The code enforcement officer 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 by the scope of violation 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 t~
correct within the time frame set out in subdivision 3 of this subsection B.
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 no later than 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 no later than seven calendar days from the date the request
for reconsideration is received. The code enforcement official may amend the
notice to correct for good cause to allow for a longer time to correct the violation,
to amend the scope of violation, or to rescind the notice. A stay of the time
Exhibit B
Ordinance No. 5246
allowed for correction shall be in effect until the date a response to the
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
reconsideratiorr0f 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 will be
monetary penaltieS; 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, either
personally or, if personal service cannot be made, by mailing a copy of the notice
to correct violation by certified mail, postage prepaid, return receipt requested, to
such person(s) at his/her last known address, and by posting a copy of the notice
to correct violation conspicuously on the affected property or structure. Proof of
service shall be made at the time of service by a written declaration under
penalty of perjury executed by the person effecting the service, declaring the time
and date of service and the manner by which service was made. If the
whereabouts of such person(s) is unknown and the same cannot be ascertained_
by the code enforcement official in the exercise of reasonable diligence and the
code enforcement official shall make an affidavit to that effect, then the serving of
such complaint or notice upon such person(s) may be made by publishing the
same once each week, for three consecutive weeks, in the official newspaper of
the city. The failure of the code enforcement official to serve any person required
herein to be served shall not invalidate any proceedings hereunder as to any
other person duly served or relieve any such person from any duty or obligation
imposed on him/her by this chapter.
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
Exhibit B
Ordinance No. 5246
consideration of substantial completion of the necessary correction or
unforeseeable circumstances which render completion impossible by the date
established as good cause. (Ord. 4460 § 1, 1991 .)
1.25.040 Notice of failure to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official determines that a violation has not
been corrected pursuant to ACC 1.25.030, he/she shall issue a notice of failure
to correct 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. The code enforcement official shall require the violation to be corrected within
one to 10 calendar days from the issuance of the notice of failure to correct.
B. Receipt of Notice of Failure to Correct Violation.
1. Upon receipt of notice of failure to correct violation, the violator shall correct
the violation within one to 10 calendar days from the date the notice is issued as
specified in the notice.
2. A $50.00 per day penalty shall accrue for each violation from the date of
issuance of thelfotice of failure to correct violation. '
3. If the violator corrects the violation, the code enforcement official shall close
the violation file and notify the violator of compliance.
4. If the violator fails to correct the violation, the code enforcement official shall
schedule a violation hearing before the hearing examiner.
5. Notwithstanding the provisions of ACC 1.25.030, the code enforcement official
may issue a notice of failure to correct violation without having issued a notice to
correct violation when an emergency exists.
C. Content. The code enforcement official shall include the following in the notice
of failure to correct violation:
1. The name and address of the property owner'and/or tenant and/or other
person(s) to whom the notice of failure to correct violation is directed; and
2. The street address or a 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 standards, regulations or procedures or permit which has been_
violated; and
4. A statement that a monetary penalty of $50.00 per day for each violation as
specified in subsection B2 of this section is assessed against the person(s) to
whom the notice of failure to correct violation is directed for each and every day,
or portion thereof during which the violation continues beyond the date or time
established for correction in the notice of failure to correct violation; and
5. A statement of the action required to be taken to correct the violation; and
6. A statement that the violator shall pay the monetary penalty to the finance
director; and
7. A statement that the consequences of failing to correct the violation will be
monetary penalties and a hearing before the hearing examiner; and
Exhibit B
Ordinance No. 5246
8. A statement that the person to whom the notice of failure 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; and
9. Any administrative contents the code enforcement official needs in order to
implement the notice of failure to correct.
D. Service of Notice. The code enforcement official shall cause to be served the
notice of failure to correct violation upon the person to whom it is directed in the
same manner as provided in ACC 1.25.030(D).
E. Monetary Penalty. The amount of the monetary penalty per day or portion
thereof shall be paid in U.S. currency or by money order or cashier's check. The
city or its designee may seek a separate judgment for each 60-day period the
violator remains in noncompliance.
F. Continued Duty to Correct. Payment of a monetary penalty pursuant to this
chapter does not relieve a person of the duty to correct the violation as ordered
by the code enforcement official. (Ord. 4460 § 1, 1991 .)
1.25.050 Notice of headng.
A. Authority to Issue.
1. Whenever tile-code enforcement official determines that a violation has not
been corrected pursuant to ACC 1.25.040, he/she shall issue a notice of hearing
to the property owner(s) and/or tenant(s) and/or any person(s), causing or
allowing or participating in the violation.
2. The notice shall indicate the violation has been scheduled to be heard by the
hearing examiner. The notice shall be issued to the violator a minimum of 10
calendar days prior to the hearing.
3. A $50.00 per day penalty shall continue to accrue for each violation from the
date of issuance of the notice of failure to correct violation.
B. Content. The code enforcement official shall include the following in the notice
of hearing:
1. The name and address of the property owner and/or tenant and/or other
person(s) to whom the notice of hearing is directed; and
2. The street address or a 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 that the monetary penalty of $50.00 per day for each violation as
specified in ACC 1.25.040(B)(2) and subsection A3 of this section is assessed
against the person(s) to whom the notice of hearing is directed for each and
every day, or portion thereof, from the date of issuance of the notice of failure to
correct violation; and
5. A statement that the violator shall pay the monetary penalty to the finance
director; and
Exhibit B
Ordinance No. 5246
6. A statement that the code enforcement official is scheduling the violation to be
heard by the hearing examiner and indicating the date, time and place the
violator is to appear in front of the hearing examiner; and
7. A statement of the procedural rules of the hearing; and
8. A statement of the consequences of failing to appear at the hearing; and
9. Any administrative contents the code enforcement official needs in order to
implement the notice of hearing; and
10. A statement that the person to whom the notice of hearing is directed shall
inform the code enforcement official of the correction of the violation so an
inspector can be sent to the premises to confirm the correction prior to the
hearing.
C. Service of Notice. The code enforcement official shall cause to be served the
notice of hearing upon the person to whom it is directed in the same manner as
provided in ACC 1.25.030(D).
D. Monetary Penalty. The amount of the monetary penalty per day or portion
thereof shall be paid in U.S. currency or by money order or cashier's check. The
city or its designee may seek a separate judgment for each 60-day period the
violator remains in noncompliance.
E. Continued Duty to Correct. Payment of a monetary penalty pursuant to this
chapter does not relieve a person of the duty to stop and correct the violation as
ordered by the code enforcement official and/or the hearing examiner.
F. Repeat Offenders. A person who has committed the same violation two times
in a one-year period of time is entitled only to a notice of hearing for a
subsequent same violation which occurs within the one-year period. (Ord. 4460 §
1, 1991 .)
1.25.060 Stop work order.
A. Authority to Issue. Whenever the code enforcement official, or his/her
designee, determines that a violation as defined in ACC 1.25.020 (H) is occurring
he/she may issue a stop work order.
B. Receipt of Stop Work Order. Upon receipt of a stop work order the person(s)
to whom it is directed must immediately cease whatever activity has been
ordered stopped by the code enforcement official.
C. Service of Stop Work Order. The code enforcement official shall cause the
stop work order to be served upon the person(s) to whom it is directed in the _
same manner as provided in ACC 1.25.030(D).
D. Content. The code enforcement official shall include the following in the stop
work order:
1. The name and address of the property owner and/or tenant and/or other
person(s) to whom the stop work order is directed; and
2. The street address or a description sufficient for identification of the building,
structure, premises, or land upon or within which the violation 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
Exhibit B
Ordinance No. 5246
4. A statement that a monetary penalty not to exceed $50.00 per day for each
violation which shall be separate and additional to any other penalties assessed
as a result of any notice of failure to correct or notice of hearing pursuant to ACC
1.25.040 or 1.25.050 shall be imposed for each and every day, or portion thereof,
during which any violation of the stop work order continues beyond the date and
time the order is served; and
5. A statement of the action required to be taken to correct the violation in order
to obtain a release of the stop work order; and
6. A statement the violator shall pay the monetary penalty to the finance director;
and
7. A statement the code enforcement official will schedule any violation of the
stop work order to be heard by the hearing examiner; and
8. A statement that in the event a violation of the stop work order occurs and is
set to be heard by the hearing examiner, other notices received under the
authority of this chapter which impact the violations described in the stop work
order shall be heard by the headng examiner at the time he/she hears the stop
work order violations.
E. Penalty for Violation. A monetary penalty not to exceed $50.00 per day for
each violation which shall be separate and additional to any other penalties '
assessed as a result of any notice of failure to correct or notice of hearing
pursuant to ACC 1.25.040 or 1.25.050 shall be assessed for each violation of the
order from the date and time the stop work order is served. Each and every day,
or portion thereof, from the date and time the stop work order is served on which
a violation occurs is a separate violation. (Ord. 4460 § 1, 1991 .)
1.25.070 Notice of violation of stop work order.
A. Authority to Issue. Whenever the code enforcement official, or his/her
designee, determines that a violation of the stop work order is occurring or has
occurred, he/she may issue a notice of violation of stop work order.
B. Service of Notice of Violation of Stop Work Order. The code enforcement
official sh'all cause the notice of violation of stop work order to be served upon
the person to whom it is directed in the same manner as provided in ACC
1.25.030(D).
C. Content. The code enforcement official shall include the following in the notice
of violation of stop work order: _
1~ The name and address of the property owner and/or tenant and/or other
person to whom the notice of violation of stop work order is directed; and
2. The street address or a 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 of the stop work order and a reference to the
Auburn City Code or related provision, standard, regulation, procedure or permit
which has been violated; and
4. A statement that a monetary penalty not to exceed $50.00 per day shall be
separate and additional to any other penalties assessed as a result of any notice
of failure to correct or notice of failure to correct or notice of hearing pursuant to
Exhibit B
Ordinance No. 5246
ACC 1.25.040 or 1.25.050 and shall be assessed against the person(s) to whom
the notice of violation of stop work order is directed for each and every day, or
portion thereof, during which the violation continues beyond the date and time
the stop work order was served; and
5. A statement the violator shall pay the monetary penalty to the finance director;
and
6. A statement that the code enforcement official has scheduled the violation to.
be heard by the hearing examiner and indicating the date, time and place the
violator is to appear in front of the hearing examiner; and
7. A statement of the procedural rules of the hearing; and
8. A statement indicating any other notices received under the authority of this
chapter which impact the violations described in the stop work order shall be
heard by the hearing examiner on the date and at the time set for this notice of
violation of stop work order; and
9. A statement of the consequences of failing to appear at the hearing; and
10. Any administrative contents the code enforcement official needs in order to
implement the notice of violation of stop work order.
D. Monetary Penalty. The amount of the monetary penalty per day or portion
thereof for eacl'rviolation shall be paid to the finance director in U.S. currency or
by money order or cashier's check. The city or its designee may seek a separate
judgment for each 15-day period the violator remains in noncompliance.
E. Continued Duty to Correct. Payment of a monetary penalty pursuant to this
chapter does not relieve a person of the duty to stop and correct the violation as
ordered by the code enforcement official and/or the hearing examiner. (Ord. 4460
§ 1, 1991 .)
1.25.080 Enforcement authority.
The code enforcement official shall have authority to enforce this chapter,
including but not limited to non-fire code violations of Titles 8, 12, 13, 15, 16, 17
and 18, and all standards, regulations and procedures adopted pursuant to those
titles and the terms and conditions of any permit or approval issued pursuant to
those titles. The code enforcement official is authorized to issue violation notices
and stop work orders, levy fines, and/or institute or cause to be instituted legal
actions. Recourse to any single remedy shall not preclude recourse to any of the
other remedies. Each violation as defined in ACC 1.25.020(H) and as provided in_.
ACC 1.25.060 and 1.25.070, or order issued pursuant to this chapter, shall be a
separate offense, and, in the case of a continuing violation, each day's
continuance shall be deemed to be a separate and distinct offense. All costs,
fees, and expenses in connection with enforcement actions may be recovered as
damages against the violator. Enforcement actions shall include, but not be
limited to, civil penalties, stop work orders and abatement or injunctive action.
The code enforcement official may bring appropriate actions before the hearing
examiner as provided in this chapter but is not precluded by this chapter from
bringing actions at law or equity, including but not limited to actions for injunctive
relief and/or abatement, to ensure the public health, safety and welfare. (Ord.
4460 § 1, 1991 .)
Exhibit B
Ordinance No. 5246
1.25.090 Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their
interpretation and application and shall be liberally construed to serve the
purposes of this chapter. (Ord. 4460 § 1, 1991 .)
1.25.100 Hearing examiner.
A. Authority. The hearing examiner as provided for in ACC 18.66.030 through
18.66.090 shall conduct the Chapter 1.25 ACC hearings.
B. Duties of the Hearing Examiner.
1. The hearing examiner shall be responsible for presiding over all hearings as
provided for in this chapter.
2. The hearing examiner shall receive and examine available evidence, maintain
a record of the hearing, and preside over the hearing as provided in this chapter.
Written findings of fact, conclusions of law based upon those facts; and a
determination of the issues presented shall be entered.
3. The hearing examiner shall determine:
a. Whether the c!ty has proved by a preponderance of the evidence that:
i. The code enforcement official had authority to issue the notice(s); and '
ii. The contents of the notice(s) complied with the appropriate section
requirements; and
iii. The notice(s) was/were propedy served; and
iv. The violation occurred within the city; and
v. A violation as defined in ACC 1.25.020(H) and/or as provided in ACC 1.25.060
and 1.25.070 has occurred;
b. The amount of the monetary penalty as provided in this chapter to be imposed.
In determining such penalty, the hearing examiner shall consider the number of
days the violation(s) persisted after the date set for compliance or the number of
days which a violation of a stop work order occurred after the date and time set
for work stoppage. If the monetary penalty is determined to be inequitable, the
hearing examiner shall assess an equitable monetary penalty;
c. The assessment of the costs, fees and expenses in connection with the
enforcement action which may be recovered as damages;
d. Whether dates for compliance are to be set and to set compliance dates where
appropriate. _
4. A written decision shall be rendered within 10 calendar days after the
conclusion of the hearing unless the time is extended for a period not to exceed
30 calendar days after the conclusion of the hearing if the hearing examiner finds
the amount and the nature of the evidence to be considered cannot be made
available within the normal decision period. A copy of such decision shall be
transmitted by regular mail, postage pre-paid, to the parties of record. The
effective date of the decision shall be as stated therein.
C. Powers of the Hearing Examiner. In addition to any other powers granted to
the hearing examiner in this section, the hearing examiner shall have the power
to:
I. Examine witnesses and receive relevant evidence;
Exhibit B
Ordinance No. 5246
2. Rule on offers of proof;
3. Regulate the course of the hearing as provided herein, including the imposition
of penalties for disruption of the orderly process or refusal to comply with lawful
orders of the hearing examiner;
4. Hold conferences for the settlement or simplification of the issues by consent
of all parties;
5. Make decisions which can be incorporated into findings of fact, conclusions of
law and order of the hearing examiner and enter orders of default and consent
orders.
D. Hearing Before the Hearing Examiner.
1. Procedure.
a. Record. A record of the entire proceedings shall be made by tape recording or
by any other means of permanent recording determined to be appropriate by the
hearing examiner. A transcript of the proceedings shall be made available to all
parties upon request and upon payment of the fee prescribed therefor. Such fees
may be established by the hearing examiner, but shall in no event be greater
than the cost involved. The proceedings at the hearing may also be recorded by
a court reporter. if requested and arranged for by any party thereto. All such costs_
and expense fcrr~uch court reporter shall be borne by the requesting party.
b. Continuances. The hearing examiner may grant continuances for good cause
shown.
c. Oaths - Certification. In any proceedings under this section, the hearing
examiner has the power to administer oaths and affirmations and to certify to
official acts.
d. Reasonable Dispatch The hearing examiner shall proceed with reasonable
dispatch to conclude any matter before him/her. Due regard shall be shown for
the convenience and necessity of any parties or their representatives.
e. Subpoenas. The hearing examiner may issue subpoenas upon the request of
any party. The city attorney, assistant city attorney and city prosecutor are also
authorized to issue subpoenas. When So required, the applicant for the
subpoena shall show to the satisfaction of said individual the general relevance
and reasonable scope of the evidence sought.
2. Conduct of Hearing.
a. Rules. Hearings need not be conducted according to the technical rules
relating to evidence and witnesses. _
b. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.
c. Hearsay Evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence, but shall not be sufficient in
itself to support a finding unless it would be admissible over objection in civil
actions in courts of competent jurisdiction in this state.
d. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the
type of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law or
statutory rule which might make improper the admission of such evidence over
objection in .civil actions in courts of competent jurisdiction in this state.
Exhibit B
Ordinance No 5246
e. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be
excluded.
f. Rights of Parties. Each party shall have these rights among others:
i. To call and examine witnesses on any matter relevant to the issues of the
hearing;
ii. To introduce documentary and physical evidence;
iii. To cross-examine opposing witnesses on any matter relevant to the issues of
the hearing;
iv. To impeach any witness regardless of which party first called him to testify;
v. To rebut the evidence against him;
vi. To represent himself or to be represented by anyone of his choice who is
lawfully permitted to do so.
g. Official Notice.
i. What May Be Noticed. In reaching a decision, official notice may be taken,
either before or after submission of the case for decision, of any fact which may
be judicially noticed by the courts of this state or official records of departments
and ordinances of the city.
ii. Parties To Be Notified. Parties present at the hearing shall be informed of the
matters to be n0t~ced, and these matters shall be noted in the record, referred to '
therein, or appended thereto.
iii. Opportunity to Refute. Parties present at the hearing shall be given a
reasonable opportunity, on request, to refute the official noticed matters by
evidence or by written or oral presentation of authority, the manner of such
refutation to be determined by the hearing examiner.
iv. Inspection of the Premises The hearing examiner may inspect any building or
premises involved in the violation. The hearing examiner shall state for the record
upon completion of the inspection the material facts observed and the
conclusions drawn therefrom. Each party then shall have a right to rebut or
explain the matters so stated by the hearing examiner.
h. Documentary Evidence. Documentary evidence may be received in the form of
copies.
i. Limitation of Testimony. The hearing examiner has the right to limit the time a
witness may testify.
E. Appeal. Nothing in this section shall be construed as granting any right of
judicial review which does not previously exist in law. The decision of the hearing.
examiner shall be final and exclusive unless a writ of review is sought in the
superior court of King County by an aggrieved party or person within 14 calendar
days of the effective date of the hearing examiner's decision. The filing of a writ
of review with the superior court shall not stay enforcement of the hearing
examiner's decision except by order of the superior court and on posting of a
bond to be determined by the court naming the city as beneficiary.
F. Limitations of Authority. The hearing examiner shall have no authority relative
to interpretation of the administrative provisions of city codes or the technical
codes nor shall the hearing examiner be empowered to determine the validity or
constitutionality of any Auburn ordinances, city codes adopted therein or
standards, regulations and procedures adopted pursuant thereto or the terms
Exhibit B
Ordinance No. 5246
and conditions of any 'permit or approval issued pursuant thereto or to waive
requirements of Auburn ordinances, codes adopted therein, or standards,
regulations and procedures adopted pursuant thereto or the terms and conditions
of any permit or approval issued pursuant to the Auburn City Code, codes
adopted therein and standards, regulations and procedures adopted pursuant
thereto. (Ord. 4460 § 1, 1991 .)
1.25.110 Collection of monetary penalty.
A. The monetary penalty constitutes a personal obligation of the person(s) to
whom any notice authorized under this chapter is directed. Any monetary penalty
assessed as a result of a notice of failure to correct violation must be paid to the
finance director within seven calendar days from the date of service of the notice
of failure to correct violation and every 30 days thereafter until the violation(s) is
corrected or, if a hearing is held, within seven calendar days of the hearing
examiner's decision and every 30 days thereafter until the violation(s) is
corrected. Any monetary penalty assessed as a result of a violation of a stop
work order must be paid within seven calendar days from the date of service of
the stop work order, and/or the notice of violation of stop work order, or if a
hearing is held;;,'Within seven calendar days of the hearing examiner's decision
and every seven days thereafter that the violation occurs.
B. The city attorney, on behalf of the city, is authorized to collect the monetary
penalty by use of any legal remedies authorized by law or ordinance, including
but not limited to turning cases over to a collection agency for action. The city
attorney or his/her designee is authorized to collect the costs of enforcement and
costs of collection including reasonable attorney fees. Such action shall neither
stay nor terminate the accrual of additional daily monetary penalties so long as a
violation continues. (Ord. 4460 § 1, 1991 .)
1.25.120 Collection enforcement and/or abatement.
In the event of failure to comply with any notice and/or stop work order, the city,
at its option, may enforce collection through the civil execution process as
provided in this chapter or by any method provided by law and/or ordinance
and/or may abate the use of the property which is the subject of the violation
through the abatement process as provided by law or ordinance. (Ord. 4460 § 1,
1991 .) _
1.25.130 Additional enforcement procedure.
The provisions of this chapter are additional to other enforcement provisions
authorized by state statute and city ordinance and are additional to any other
remedy available to the city for damages it has suffered. (Ord. 4460 § 1, 1991 .)
1.25.140 Constitutionality or invalidity.
If any section, clause or phrase of this chapter is for any reason held to be invalid
or unconstitutional, such invalidity or constitutionality shall not affect the validity
or constitutionality of the remaining portions of the sections, subsections, clauses
or phrases. It is hereby expressly declared that each section, subsection,
Exhibit B
Ordinance No. 5246
sentence, clause and phrase hereof would have been prepared, proposed,
adopted and approved and ratified irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional. (Ord. 4460 § 1, 1991 .)
1.25.160 Severability.
If any provision of the codes referenced in this chapter is held invalid or
unenforceable, the remainder shall be valid. (Ord. 4460 § 1, 1991 .)
Exhibit B
Ordinance No. 5246
EXHIBIT C
10.36.390 Two-hour parking zones.
A two-hour parking limit without meters is established on the following streets,
which two-hour parking limit shall exist from 9:00 a.m. to 6:00 p,m, daily,
excluding Sundays and holidays.
1 st Street Northeast, north side beginning at the east curbline of North Division
Street, thence east 120 feet.
1 st Street Northeast, south side between Auburn Way North and a point 143 feet
east.
1 st Street Northwest, north side beginning 36 feet east of the first intersecting
alley west of North Division Street thence west to "A" Street Northwest.
1 st Street Southeast and Southwest, both sides between "A" Street Southeast
and "B" Street Southwest.
2nd Street Northeast, both sides between North Division Street and Auburn Way
North.
2rid Street Southeast, north side between "B" Street Southeast and a point 80
feet west.
· 2nd Street Southeast, north side between Auburn Way South and "D" Street
Southeast.
2nd Street Southeast, south side between "A" Street Southeast and "B" Street '
Southeast.
2nd Street Southeast, north side between "B" Street Southeast and Auburn Way
South.
3rd Street Northeast, south side between Aubum Avenue and Auburn Way
North.
3rd Street Northeast, north side between Auburn Avenue and point 13 feet west
of Auburn Way North.
4th Street Southeast, south side beginning at a point 32 feet east of the east
marginal line of Auburn Way South, thence east 70 feet.
6th Street Southeast, both sides, from the west curbline of Auburn Way South to
the east curbline of "A" Street Southeast.
"B" Street Northwest, east side between West Main Street and 1 st Street
Northwest.
"B" Street Southeast, both sides between a point 250 feet south of East Main
Street to 2nd Street Southeast.
"D" Street Northeast, both sides between East Main Street and 1 st Street _
Northeast.
"D" Street Southeast, west side beginning at a point 180 feet south of the south
curbline of East Main Street.
"E" Street Northeast, west side between East Main Street and 1 st Street
Northeast.
"H" Street Northeast, east side between 4th. Street Northeast and a point 100 feet
north.
'T' Street Northeast, both sides beginning at the north curbline of East Main
Street and continuing north to its terminus.
Auburn Avenue, east side between a point 120 feet south of 2nd Street
Northeast to a point 50 feet south of the south curbline of 3rd Street NE.
Exhibit C
Ordinance No. 5246
Auburn Avenue. east side between 3rd and 4th Street Northeast. I
Auburn Way North, east side from 1st Street Northeast to 2nd Street Northeast.
East Main Street, both sides between "E" Street Southeast and "M" Street
Southeast, except the north side between "E" Street Northeast and "G" Street
Northeast.
East Main and West Main Streets, both sides between "B" Street Northwest and
Southwest and "E" Street Northeast and Southeast.
North Division Street, west side beginning at a point 110 feet north of 1 st Street
Northeast to the north curbline of 1 st Street Northwest.
South Division Street, west side only between 2nd Street Southwest and 2nd
Street Southeast to the east-west alley parallel to and between 2nd Street
Northwest and 3rd Street Southwest.
South Division Street, west side beginning at the south curbline of West Main
Street continuing south to the north curbline of 1 st Street Southwest. (Ord. 4977
§ 1, 1997; Ord. 4858 § 1, 1996; Ord. 4603 § 1, 1993; Ord. 4013 §§ 4, 5, 1984;
Ord. 3467 §§ 1, 2, 1979; Ord. 3359 § 2, 1979; Ord. 3332 §§ 7, 8, 1979; Ord.
3327 § 2, 1978; Ord. 3205 § 2, 1977; Ord. 3184 § 1, 1977; Ord. 3149 § 3, 1976;
Ord. 3139 §§ 1, 2, 1976; Ord. 2998 § 2, 1976; 1957. code § 9.22.200.)
Exhibit C
Ordinance No. 5246
EXHIBIT D
10.36.500 Passenger loading zones.
The following are passenger loading zones:
A. 4th Street Northeast, north side, beginning at a point 30 feet west of the west
marginal line of "H" Street, thence west 88 feet.
B. East Main Street, south side, beginning at a point 30 feet east of the east
curbline of "F" Street Southeast thence east 25 feet.
C. East Main Street north side beginning at the east curbline of "G" Street
Southeast east 115 feet.
D. "M" Street Southeast, west side, beginning at a point five feet south of the
south curbline of 23rd Street Southeast extended, thence north 84 feet to the
beginning, thence north 65 feet, during the hours of 8:00 a.m. to 4:00 p.m. on
regular school days.
E. Beginning 100 feet north of the north curbline of 4th Street Northeast, thence
north 44 feet on the east side of "H" Street Northeast, during the hours from 8:00
a.m. to 5:00 p.m., Monday through Sunday.
F. "D" Street Northwest, west side beginning 237 feet north of the north curbline
of West Main Street and continuing north 120 feet.
G. "A" Street NO~.hwest, west side, beginning at a point 56 feet north of the north'
curbline of West Main Street, thence north 43 feet.
H. 4th Street Northeast, south side, beginning at a point 130 feet west of the west
curbline of "H" Street Northeast, thence eastedy 85 feet.
I. 14th Street Northeast, north side, beginning at a point 65 feet west of the west
curbline of "K" Street Northeast, thence westerly 145 feet.
J. 17th Street Southeast, south side, beginning at a point 570 feet east of the
east curbline of "C" Street Southeast, thence east a distance of 80 feet.
K. Auburn Avenue. east side. beginning at a point 20 feet south of the south
curbline of 3rd Street NE to a point 50 feet south of the south curbline of 3rd Street
NE.
LI4. Beginning 142 feet south of the southern curbline of East Main Street, thence
south 50 feet on the east side of "N" Street Southeast, during the hours from 8:00
a.m. to 5:00 p.m., Monday through Sunday.
ML-. West Main Street, north side, beginning 75 feet west of the westerly curbline
of "A" Street Northwest, thence continuing westedy for a distance of 30' feet.
NM. West Main Street, north side, beginning 42 feet west of the easterly curbline_
of "F" Street Southwest westedy for 20 feet, to a point 20 feet east of entrance of
alley.
ON. South Division Street, west side, beginning 20 feet south of the south
curbline of 3rd Street Southwest and continuing south 130 feet.
_.PO. The city engineer shall have the authority to establish passenger loading
zones for a period not to exceed 90 days. (Ord. 4821 § 2, 1996; Ord. 4617 § 2,
1993; Ord. 4431 § 2, 1990; Ord. 4096 § 2, 1985; Ord. 4086 § 1, 1985; Ord. 4000
§ 1, 1984; Ord. 3984 §§ 2, 4, 1984; Ord. 3849 § 1, 1983; Ord. 3840 § 1, 1983;
Ord. 3428 §§ 1, 2, 1979; Ord. 3181 § 1, 1977; Ord. 3168 § 1, 1977; Ord. 3110 §
1, 1976; Ord. 3025 § 1, 1975; 1957 code § 9.22.260(b).)
Exhibit D
Ordinance No. 5246