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Home My WebLink About04-05-2004 ITEM VIII-A-2CITY OF A�... ..JBURN . .... ......... . .... WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Ordinance No. 5837 March 30, 2004 Department: Attachments: Budget Impact: Legal Ordinance No. 5837 Arimini.qtrati\/P RPr.nmmPnriatinn- City Council introduce and adopt Ordinance No. 5837. Background Summary: The current provisions of the Auburn City Code include language that impose penalties for certain public nuisances. Because some violators do not respond to their nuisance infractions, additional enforcement tools are needed. Ordinance No. 5837 amends certain sections of the Auburn City Code to provide for criminal misdemeanors for repeat violators and provides other methodologies and strategies available under the law. A0405-2 01.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval Council Approval: Referred to Tabled ❑ Yes ❑ N o ❑Yes ❑ No Call for Public Hearing l l Until l l Until l l Councilmember: Cerino Staff: Heid Meeting Date: April 5, 2004 Item Number: VIII.A.2 AUBURN,* MTHAN YOUIMAGINE ORDINANCE ACE IVO. AN ORDINANCE of THE CITY COUNCIL of THE CIT OF AUBURN, WASHINGTON, AMENDING SECTIONS 1.2 .010, 1.2 .g o1 1.25.060 8.04.2801 .12.0201 . 1 2;080, 8.20.030, 8.28.0201 8.32.07"0, 8.40.0301 9. 66.020 and 9.66.900 of THE AUBURN CITY CODE RELATED To NUISANCE PENALTIES WHEREAS, the citizens of the City deserve and should expect -to have their neighbors maintain their property and conduct themselves in a manner so as not to unreasonably interfere with the quiet enjoyment of property within the City and activities thereon; and WHEREAS, in order to promote proper conduct and to reduce consequences of misconduct, the current provisions of the Auburn City Code include knnguage that impose penalties for certain public nuisances, and that address methods for enforcement thereof; and WHEREAS, while most persons who are contacted with nuisance type complaints promptly comply with corrective action, that is unfortunately not always the case; and WHERERAS, because some violators do not respond, even when their nuisance (civil) infraction cases_ are filed in the Auburn Municipal Court, it is appropriate that the City code have additional enforcement tools, such as escalating repeat violations to criminal misdemeanors, this in addition to other enforcement r ethodologies and strategies available under the lair. NOW, THEREFORE, THE CITY COUNCIL of THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: -_-__-_______ Ordinance No. 5837 March 30, 2004 Page I Section 1. AMENDMENT TO CITY CEDE. That Section 1.25.010 of the Auburn City Code, relating to civil Penalties, is hereby amended to read as follows: 1.25.010 Purpose. It is the purpose of this chapter tom rally provide vi ivil penalties for non -fire code violations of ACC Titles 5, 8, 101 12, 13, 15, 161 17 and 18, all standards, regulations and procedures adopted pursuant to those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not involve imminent danger to the public health, safety and welfare of persons or property, and such other code provisions as are specified. Criminal penalties provided in this code for non -fire violation of ACC Titles 5, 81 101 121 131 15, 16, 17 and 18, and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval Issued pursuant to those titles whether contained in Chapter 1.24 ACC or in the individual titles are superseded to the extent provided herein. It is the intent of this chapter to permit a timely and efficient means of enforcement, to establish definitions, monetary penalties for violations and a hearing process before the municipal court or the hearing examiner as assigned in the ACC. (Ord. 5677 § 2, 2002; Ord. 5667 § 19 2992; Ord. 5246 § 1 Exh. B, 1999; Mrd. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Section 2. AMENDMENT T T CITY CODE. That Section '1.2 .050 of the Auburn City code, relating to civil Penalties, is hereby amended to read as follows: 1.25.050 Penalties for infractions. Unless otherwise specifically provided in connection with particular sections, chapters or titres of the city code, noncriminal violations of the city code shall be infractions and shall carry a maximum penalty of $250.00. Each day, location, violator and incident shall constitute a separate civil infraction. It is provided, however, that if the same r l t r has- been found,in any court of competent jurisdiction,, to have previously committed an infraction violation for the same or similar conduct three„ 3) or more separate times, - with the infraction violations occurring at the same location and involving the sane or similar Sections cf Title 1 10, 12, 139 15, 16, 17 or 18 of the City „Codes,.,, r other similar codeLs 1, any further violations shall constitute misd emean ors, punishable as v r v ided in ACC 1.24.010. For the ur oses hereof, it shall be prima facie evidence that the same violator has previously been found to have committed aninfraction if a certified .-.. CORY, of the judgment. docket or other court document showing --that such violation was found committed is Bled with the court. (Ord. 5677 § 2, 2002. Section 3. AMENDMENT T CITY CODE. That section 1.25.060 of the Auburn City Code, relating to Civil Penalties, is hereby amended to read as follows; - 1.25.060 Uncorrected violations. In addition to any other enforcement actions available th the ��#i violation on a parcel of property is not corrected within the specified time frame of the notices � M - f Y f. W '� 4 � U W W � i i i i Ordinance No. 5837 March 3, Zoo Page 2 and/or decision of the court then no further permits or approvals shall be issued by the city on the subject parcel until all violations have been corrected, or brought into compliance with the decision of the court. (Ord. 5877 § 2, 2002.) Section 4. AMENDMENT TO CITY CODE. That Section 8.84.288 of the Auburn City Code, relating to Food Establishments, is hereby amended to read as follows: 8.04.280 Violation — Penalty. A violati n of any of the provisions of this chapter by any person, firm or corporation shall be a civil infraction, punishable in accordance with A C 1.25-050, except as provided in Section, except as provided in ACC 1.25..05.0. rd. 5883 § 19, 2002# Ord.'5212 § 1 Exh. C), 1g g; 1957 code § 4.02.880. Section 8. AMENDMENT ENT T CITY CODE. That Section 8.12.020 of the Auburn City code, relating to Food Establishments, is hereby amended to read as follows: 8.12.028 Nuisances affecting public health and _s . Acts or omissions, places, c nditions and things or uses that injure or endanger the safety, health, welfare, comfort or general well being of the general public -or the environment, are declared to be public nuisances. Public nuisances include, but are not limited to, the following: A. The erecting, maintaining, using, placing, depositing, causing, allowing, leaving, or p rmitting to .be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, or other public or private place in the city, any one or more of the following places, conditions, things or acts to the prejudice, danger, or annoyance of others or that interfere with safe travel; E. Privies, vaults, cesspools, sumps, pits, wells or cisterns or like places which are not securely protected from insects, rodents, or other pests; C. Filthy, littered or trash -covered premises, including all buildings and structures thereon and areas adjacent thereto; D. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire, metal, articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster and all other trash or abandoned material unless the same are kelpt in covered bias or metal receptacles approved by the city; provided, that any such receptacles approved by the King County or Pierce County health officer or designee shall b deemed approved by the city E. Trash, liner, rags, debris, accumulations of empty barrels, byes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing materiel, lumber not newly piled, or other ,nater"al, which provides harborage for insects, rodents, or other pests; E.. Any unsightly and dangerous building, billboard or structure, as determined by the city building official; G. All planes used. or maintained as junk -yards or dumping grounds, or for the wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of worn out wrecked or abandoned Ordnance No. 5837 March 30, 2004 Page 3 automobiles, trucks, tractors or machinery- of any kind or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons,, which places are kept or maintained so as to provide harborage for insects, rodents or other pests, excluding properly zoned and licensed wrecking yards, junk -yards or machinery being used; H. Garbage disposed of in any manner other than provided in the solid waste code (Chapter 8.08 ACC); i. Garbage cans which are not impervious to rodent gnawing or do not have tight- fitting lids; J. Any putrid, unsound or unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or for 1, butchers' trimmings or offal, or any waste vegetable or animal matter in any quantity, garbage human excreta or other offensive substance; provided, nothing in this subsection shall prevent the temporaily retention of waste in a manner approved by the mayor or designee; K. Blackberry rry vines or any tall grass or greeds which are infested with insects, rodent or other pests; L. Grass clippings, cut brush or cut greeds which may create an in.�ect or rodent harborage; M. rests, colonies, hives or apiaries of bees, Africanized honey been yellow jacket, hornets or wasps which are not in full compliance with Chapter 15.60 CW or Chapter 16-602 WAC, or which are not in full compliance with the city's zoning and land use codes or with the city's business licensing and registration codes; N. Any accumulation of combustible, explosive or flammable substances which are stored in a way that poses a threat or danger to life or property:, . Ditches, holes:- s, accumulations of debris, dirt,. r. construction materials or other materials, or breaks in impervious surface in any public right-of-w.ary, or any other condition that obstructs or interferes with safe pedestrian or vehicular tra el on or along said right-of-way: an P. Failure, after reasonable notice, to restore} a Cid street, sidewalk or related infrastructure facifity to City standards after having destroyed,,.„ disrupted or adve ins acted such street sidewalk or related infrastructure facilily from its use for safe public travel. It is also a public nuisance to store, keep or allow junk to accumulate unless within a building or outdoor storage yard; provided further, that the building and/or outdoor storage yard must otherwise meet all other applicable requirements of the city including allowing for the storage of junk. For the purposes hereof, "junk" means old, unusable or discarded appliances, furniture, scrap wood, paper, cardboard, glass, demolition debris, rubber, metal, equipment, tires, machinery, toys, building materials (except for materials being used for an immediate construction project on the premises), woody debris, batteries, barrels, cans, motor vehicle parts, rags or simileir items. The terra junk also includes travel trailers, boats and boat trailers, truck campers, utility trailers, teat trailers or similar vehicles that are in disrepair, in an obvious state of abandonment, or that cannot legally be operated on public streets, roads or highways. The term junk does not include recyclable items that are associated with a permitted recycling industry; provided, that the indiscriminate storage of recyclables in areas not � ! � � ! W W W � 4 i i i f i i _ _ Ordinance No. 5887 March Sof 2004 Page 4 otherwise allowed for storage will be considered junk and a public nuisance. (Ord. 5747 1, 2003; Ord. 2904 § 1, 1976; 1957 code § 7.04.280.) Section 6. AMENDMENT TO CITY CODE. That Section 8.12.080 of the Auburn City Code, relating to Public Nuisances, is hereby amended to read as follows: .12.080 Abatement by city — Costs liability. If within three days after receiving a proper notice in wdting for the abatement of any nuisance detrimental to health and welfare of the publip, or source of filth as hereinabove defined, such notice to be signed by the Mayor or desi,q net, the person owning, occupying or. controlling such premises fails, neglects or refuses to remove the same, such nuisance may be removed or abated by order of the h� 1%0999GZGeF a or or deli nee, and the person on whom such notice for the removal ova! of same was served, in addition to incurring the penalty provided, ;31hall become indebted to the city for the damages, costs and charges incurred by the city in the removal of such nuisance. Such costs and charges are to be recovered by a civil action brought b the city against the person o served with such notice, which action the M or or designee is authorized t bring for and on behalf of the city, ;I"h Mayor or designee i also authorized to fide a lien against the propeq on which the nuisance was abated or on the adjacent grope& where the nuisance was located on public property or on oublic right-of-way ra and where the nuisance vas caused by or on behalf of the owner of the adjacent property, which lien shall be in the amount of the iii #s costs in abating the .nuisance, and in enforcing the lien. In any such abatement bye the city's the cit shall also be entitled to interest accruing at the rate of twelve erc nt..._'I_ r. annunn from the time of the expenditure of funds by the cily for such abatement. (Ord. 5747 § 1, 2003; 1957 code § 7.04.330.) Section 7. AMENDMENT TO CITY CODE. That Section 8.20.030 of the Auburn City Code, relating to Vegetation, is hereby amended to read as follows: .20.030 - Violation — Penalty. The code enforcement official, or his designee, pursuant to the provisions of Chapter 1.25 ACC, is authorized and empowered to notify the owner of any open or vacant private property within the city or the agent of such owner to properly cut and remove all grass, weeds d and brush growing In violation of ACC 8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. A violation of any of the provisions of this chapter by any person, firm or corporation shall be a civil infraction, punishable in accordance with -ACC 1.25.05 except where the violation is designated as a misdemeanor asyid o ' ed ' in A�� 1�� -- - _ . (Ord. 5747 § 31 2003; Ord. 4504 § 10} r 1991; Ord. 4040 § 211985.) Section 8. AMENDMENT T T CITY CODE. That Section 8.28.020 of the Auburn City Code, relating to Noise, is hereby amended to reed as follows: M _ _ _ E M _ M _ _ � _ � f _ f _ f Ordinance No. 5837 March 30, 2004 Page 8.28.020 Violation — Penalty. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within. atwo-year period shall be a civil penalty t $500.00ridedr� o that if the sane violator is found -,-in, any forums,_to have com itted violations hereof three--(3).or more separate tines occurring at the same location within the: same twelve (12) month eriod any further violation shall constitute a misdemeanor punishable as provided in ACC 1.24.010. (Ord. 5658 § 11 2002} 1957 code § 9.10.010.) Section 9. AMENDMENT T fi CITY CODE. That Section 8.32.070 of the Auburn City Code, relating to Outdoor Fires, is hereby amended to read as follows: 8.82.070 Violation — Penalty. A violation of any of the provisions of this chapter shall b :iv' it infraction, punishable in accordance with ACC 1.25.050,. except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5683 § 20, 2002; Ord. 3400 § 5, 1979.) Section 10. AMENDMENT T T CITY CODE. That Section .40.030 of the Auburn city code, relating to Jumping From Bridge, is hereby amend .d to read as follows: 8.40.030 Violation ! Penalty. A violation of any of the provisions of this chapter shall be a civil infraction, punishable in accordance with ACC 1.25.050, except as would be a misdemeanor pursuant to ACC 1.25.950. (Ord. 5683 § 21, 2002; Ord. 3886 § 31 1983.) Section 11. AMENDMENT TO CITY CODE. That Section 9. 6.020 of the Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as follows: 9.66.020 Littering prohibited — Penalties — bitter cleanup restitution payment. A. It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throat drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in any body of water within the city, whether from a vehicle or otherwise, including but not limited to any public parr, public highway, road, street, or alley except 1. When the property is designated by the state of Washington, its; agencies or political subdivisions, or municipalities incorporated under state lir for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose; 2. Into a litter receptacle in a manner that will prevent litter from being carried array or deposited by the elements upon any part of the private or public property or graters. _ _ f _ _ 00 *a ! 4W ! wo _ _ _ _ _ f _ Ordnance No. 5837 March 30, 2004 Page B. 1. It is a civil infraction as provided in Chapter 1,25 ACC for a person to litter in an amount less than or equal to one cubic foot..... except as would be�a misdemeanor ,, ursuant to ACC 1.25.050. 2. It is also a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $50.00 pear cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to city for the support of its laver enforcement -litter control efforts. The court may, in addition to or in lieu ois part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution ,payment for a first -tune offender under this subsection, if the person cleans up and properly disposes of the litter. 3. It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to trice the actual cost of cleanup or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the law enforcement agency investigating the incida:nt. The court may, in addition to or in lieu of part or all of the cleanup restitution payrn�nt, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a fiat -time offender under this subsection if the person deans up and properly disposes of the litter. 4. If a junk vehicle is abandoned in violation of this section, RGW 46,55.230 governs the vehicle's removal, disposal and sale and the penalties that may a imposed against the person who abandoned the vehicle. C. It is also a civil infraction as provided in Chapter 1.25 ACC for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that i apable of starting a fire, except as would be a misdemeanor pursuant to ACC 1.25.050. (Ord. 5718 § 11 2002. Section 12. AMENDMENT TO CITY CODE. That Section 9.66.900 of the Auburn City Code, relating to Criminal Nuisances, is hereby amended to read as follows: 9.66.900 Statutes incorporated by reference. The following statute is incorporated in this chapter by reference: RCW 9.66.010 Public nuisance. RCW 9. 6.020 Unecival dam RCW 9.66.030 Maintaining or..permittinq. nuisance. RCW 9. 6.o o Abatement of nuisance. RCW 9.66.050 Deposit of unwholesome substance. RCW 9.91.130 Disposal of trash in charity donation receptacle. (Ord. 571 is 200 2; Ord. 5682 § 11 2002.) Ordinance No. 5837 March 30, Zoo Page Section 13. ADMINISTRATION. i . The Mayor is hereby authorized to implement such administrative procedures as may be necessary to parry out the directions of this ordinance. Section 14. SEVERABILITY. If any portion of this Ordinance or Its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be 4affected. Section 1. EFFECTIVE DATE. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Dainielle Daska m City Clerk el B. Hei City Attorney Published: Ordinance No. 5837 March 3, 2004 Page