HomeMy WebLinkAboutITEM VIII-A-3
CITY OF * * * " ' ,,,E
AGENDA BILL APPROVAL FORM
WASH 1 NGTON
Agenda Subject: Ordinance No. 6328 - Adopting civii penalties for Date: September 27, 2010
'violations of fhe code and the levying of an assessment to recoyer the
cost of nuisance abatement (Amendments to Chapfers 1.25, 8:12 and
8.20)
Department: Attachments: Ordinance No. 6328 Budget Impact: NIA
Plannin & Develo ment
Administrative Recommendation:
Cit Council introduce and adopt Ordinance No. 6328.
Background Summary: .
Ctiapter 1:25 (Ciyil Penalties for Volations) of the Aubum City Code (ACC) contains the code compliance
procedures for the remediation of AGG Titles 5, 8, 10, 12, 13, 15, 16, 17, and 18. Chapters 8.12 (Public
Nuisances) and 8.20 (Vegetation) of the.ACC contain specific standards that require that property be
maintained and vegetation confrolled. These rules are intended to ensure that neighborhoods are safe,
free of rodent and pest infestation, and are not blighted by uncontrolled vegetation.
Similarto the rest of the country, in recent years the City has seen an increased rate in the number of
foreclosed and/or abandoned properties. Likewise, the number of unmaintained properties has also
increased. Properties located within.well maintained neighborhoods have become eyesores due to a lack
of vegetation control, unmowed yards, broken and/or boarded up windows, and graffiti tagging. This
phenomenon has caused a spike in code compliance cases that are filed underChapter 8.12.
Current compliance procedures begin with the issuance of a Notice to Correct issued by the Codes
Corripliance Officer. Because it is it the City's goal to work with property owners in a consttuctive manner
in order to achieve voluntary compliance, the draft amendments do not modify the initial compliance
process. The draft amendments create an additional option for those instances where voluntary
eompliance efforts have not been effective.
Existing regulations set forth two options when voluntary compliance efforts have not remedied the
violation. The first option, which, is used infrequently, is to proceed directly to filing a superior court action
y for abatement. The ensuing steps include obtaining a court order, abating the violation, obtaining a
judgment, and recording a lien to recover the costs of abatement. The second, and more common
option, is to issue a Notice of Infraction. Similar to the issuance of a ticket, the violator either pays the
firie or proceeds through a process of contesting the infraction. Current code requires that each day the
violation ex'ists that a new and separate Notice of Infraction be issued.
L1004-1 06.9.1
Reviewed by Council & Committees: Reviewed by Departrnents & Divisions:
E] Arts Commission COUNCIL COMMIITEES: ❑ Building ❑ M&O
❑ Airport [0 Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services 0 Planning & CD ❑ Fire 0 Rlanning
p Park Boartl ❑ Public Works 0 Legal ❑ Police
❑ Planning Comrn. ❑ Other ' [3 Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: E]Yes ❑No
Council.Approval: ElYes ❑No Call for Public Hearing
Referred to . Until
Tabled Until
Councilmember: Norman Staff: Sn der
Meetin Date: Octobet 4, 2010 Item Number: VIII.A.3
. AUBURN * MORE TIHAN YOU 1MAGINED
Agenda Subject: Qrdinance No: 6328 - Adopting civil penalfies for Date: September 27; 2010
violations of the code and the levying of an assessment to recover the
cost of nuisance abaternent (Amendments to Chapters 1,25, 8:12 and
8.20)
The draft amendments creafe a third option which allows forthe issuance of a reoccurring daily civil
penalty that could then be liened against the property. Under this option the civil penalty is IeVied
automatically and on a daily basis.
Voluntary compliance continues to be the preferred method for resolving violations. When these efforts
are ineffectiVe it is I'ikely that the existing procedures for issaance of a Notice of Infraction will continue:fo be effective at resolving most of the cases where a property owne"r or tenant is present: In those cases
where there is an absentee property ownec, or the property is owned by a corporate entity or bank, the
additional option of issuing a daily civil penalty that can be liened against the property is likely to be-more
effective. The Codes Compliance Officerwill continue to have discretion'in eValuating the speeifics of a
given Violation and the willingness of a landowner to correct the violation in a timely manner when
determining the apprbPriate option forproceeding with each case.
Page2of2 .
ORDINANCE NO. 6 3 2 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
1.25.020, 8.12.080, AND 8.20.030 OF THE AUBURN CITY
CODE, AND. CREATING A NEW SECTION 1.25.065 OF
. THE AUBURN CITY CODE RELATING TO NUISANCE
ABATEMENT
WHEREAS, the City of Auburn has, similar to other jurisdictions in the region
and the nation, experienced a rise in abandoned or unkempt or unoccupied residential
and non-residential buildings and properties as a result of economic conditions that
have had a negative impact on the safety, sanitation, and architectural and physical
' aesthetic character of certain neighborhoods and business districts, in the City; and,
WHEREAS, the City of Auburn seeks to balance and support the private property
rights of all owners of residential and non-residential buildings and/or properties within
its current and future municipal limits by ensuring that these buildings and properties are
regularly and consistently maintained in good condition and do not become public
nuisances; and;
WHEREAS, the City of Auburn continues to promote an approach.to working with
property owners in a productive, constructive, and fair manner where the goal is to
provide landowners with ample opportunity to remedy violations as the preferred
approach to compliance over fining and penalizing property owners; and,
WHEREAS, when voluntary compliance efforts are unsuccessful; regulatory
procedures are necessary to ensure that progress is made in the remediation of the
violation; and,
Ordinance No. 6328
September 29, 2010 "
Page 1 of 8
` WHEREAS; RCW. 7.80.010(5) provides Auburn the option to adopt a system of
hearing, determining, and imposing civil penalties for code violations, in addition to its
present enforcement mechanism of issuing civil infractions to code violators; and,
WHEREAS, the Auburn City. Council has determined that it is in the interest of
the public health, safety and welfare to provide for additional regulations and standards
to successfully resolve and/or limit the occurrence of public nuisances associated with
the failure of property owners to properly maintain buildings and/or propeities consistent
with adopted City codes; .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendmenf to Citv Code. That section 1.25.020 of the Auburn
City Code be and the same hereby are amended to read as follows:
1.25.020 Definitions.
Except where specifically defined in this section, all words used in
this chapter shall carry their customary meanings. The word "shall" is
always mandatory, and the word "may" denotes a use of discretion in
making a decision.
A. "Act" means doing or performing something.
B. "Code enforcement official" means the director or designee
of the directoc of the departmenf authorized and/or empowered to enforce
a violation of ACG Titles 5, 8, 12; 13; 15, 16, 17 and 18, and Chapter
10.02 ACC, or such 'other 'provisions of the ACC that are enforceable
pursuant to the provisions of this chapter, and all standards, regulations
and procedures adopted pursuant to those titles and the terms and
conditions of any permit or approval issued pursuant to those titles of this
code, and such of the code provisions specifying civil penalties not within
the specifc or exclu5ive enforcement responsibility of another official.
C. "Emergency" means a situation or civil violation which in the
opinion of the code enforcement official requires immediate. action to
prevent or eliminate an imminent threat to the public health, safety or
welfare of persons o"r property.
D. `Omission" means a failure to act.
Ordinance No. 6328
September 29, 2010
Page 2 of 8
E. "Person" includes any natural person, his heirs, executors,
administtators or assigns; and also includes a firm, partnership or
corporation, its or their successors or assigns, a qovernmental body,. or
the agent of any of the aforesaid.
F. "Stop work order" means the written order issued. by.the
code enforcement official or other authorized enforcement official, or
tiis/her designee, to direct that work or activity shall be stopped until such.
activity is autliorized to resume by the code. enfoccement official or other
authorized enforcement official, or his/her designee.
G. "Violafion" means an act or omission contrary to
requirements contained in ACC Titles 5, 8, 12, 13, 15, 16, 17 and/or. 18,
and Chapter 10.02 ACC, or such other provisions of the ACC thaf are
enforceable pursuant: to the provisions of this chapter, and/or all
standards, regulations and procedures adopted pursuant to those titles
and the terms.and/or conditions of any permit or approval issued pursuant
to those titles, and such other code provisions as are.specified.
H. "Municipal court" means the "municipal court of the city of
Auburn," as established pursuant to Chapter 2.14 ACC, as the forum in
which violations of the ACC shall be heard.
1. "Propertv Owner" means anv Person or. Persons, havinq
leaal right or interest such as a fee owner_;_confract purchaser, mortqaqor
or mortgaaee option or optionee and beneficiarv -or grantor of a trust or
deed of trust _ buf not including the qcantee of an easement: (Ord. 5966 §
6611 2, 2006; Ord. § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000;
Ord. 5246 § 1(Exh. B), 1999; Ord. 5212 § 1(Exh. B), 1999; Ord: 4460 §
1, 1991.)
II.
Section 2. Amendment to Citv Code. That section 8.12.080 of the Auburn
City Code be and the same hereby are amended to.read as follows:
8.12.080 Abatement by city - Costs liability:
If within three days after receiving a proper notice in writing for the
abatement of any nuisance detrimental to health and welfare.of the public,
or source of filth as hereinabove defined, such notice to be signed by the
mayor or designee, 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 mayor or designee; and the
person on whom such notice for the removal of same was served, in
addition to incurring fhe penalfy provided, - stiall become indebted to the
city for the damages, costs and charges incur(ed by the city in the removal
of such nuisance. Such costs and charges are to, be recovered by a civil action brought by the city against the person so served with such notice,
which action the mayor or, designee is authorized to bring for and on Ordinance No. 6328
September 29, 2010
Page 3 of 8
behalf of the city. The mayor- or designee is also authorized to file a lien
I against the property onwhich the nuisance was abated, whether pursuant
to this ehapter or bv other legal process, or on the adjacent property
where the nuisance was located on public property or on public right-of-
way and whe're the nuisance was caused by or on behalf of the owner of
the adjacent property,-_whiGhLThe lien shall be in the amount of the city's
costs, in abating the nuisance, the amount of relocation assistance
advanced under RCW 59.18.085, aad-Fnin _the costs of enforcing the lien1
the amount of all outstanding penalties, and all allowable interest. In any
such abatement by the city, the city shall also be entitled to interest
accruing at the rate of 12 percent per annum from the time of the
expenditure of funds by the city for such. abatement. Additionally, the
mayor mav IevY a sqecial assessment on the propertv on which the
nuisance was abated for the amount of the citv's costs in abatinq the
nuisance unless previouslv paid, and #o contract with the County
Treasurer to collect the. assessment pursuant to RCW 84_56.035. Anv
salvage value qroceeds resultinq from the abafement of the pcopertv shall
firsf be applied to the costs. of abatement. Any remaininq such monies
shall be paid to the proqerty owner as shown on the last equalized
assessment roll. (Ord. 5837 § 6, 2004; Ord. 5747 § 1, 2003; 1957 code §
7:04.330.) Section 3. Amendmenf to Citv Code. That section 8.20.030 of the Auburn
City Code be and the same hereby are amended to read as follows:
8.20.030 Violation - Penalty.
The code enforcemenf official, or his designee, pursuant to the
provisions of Chapter 1.25 ACC, is authorized and empowered to notify
the owner of any open or vacant private property within the city or the
! agent of such owner to properly cut and remove.all grass, weeds and
brush 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 or subject to a eivil penaltv, punishable in accordance with
I AG6Chapter 1.254A59 ACC, except where the violation is designated as a
misdemeanor as provided in ACC 1.25.050. (Ord. 5837 § 7, 2004; Ord.
5747 § 3, 2003;-Ord. 4504 § 10, 1991; Ord. 4040 § 2, 1985.)
Section 4: New Section. That a new section 1.25.065 of the Auburn City
Code;,_is hereby created to read as follows:
Ordinance No. 6328
September 29, 2010
Page 4 of 8
1.25.065 Additional penalty and enforcement provisions.
A. Civil Penalty. In addition ta any other enforcement actions
available to the city, if the code enforcement official determines that a
violation has not been corrected pursuant to ACC 1.25.030 within the time
specified in the Notice to Correct Violation, he/she is authorized to impose
a civil penalty against the Property Owner:on whose property the violation
exists, and/or the Person in possession of the~property, and/or the Person
otherwise caus'ing or responsible #or the violation. The penalty shall be up
to $500 for the first day and $100 per day for each addifional full day the
violation eontinues. Each day on which a violation or failure continues
shall consfitute a separate violation. If unpaid within 14 calendar days of
becoming effective, each penalty shall constitute. a lien against the
property of equal rank with state, county, and municipal taxes.
B. Notice of Penalty. The penalty shall be imposed by serving
a Notice ofi Penalty. Service of the Notice shalP be made upon all Persons
identified in the Notice either personally or by mailing a copy of such order
by certified mail, postage prepaid, return.receipt requested: If an address
for mailed service cannot be.ascertained; service shall be accomplished
by posting a copy of the~ Notice conspicuously on the affected property or
structure. The initial penalty shall be effective antl the reoccurring daily
penalty shall commence on ttie date service is effective. Service by
certified mail shall be effective five (5) calendar days after the date of
. postmark, unless U.S. postal records show actual receipt prior to that
date. If service is by personal service, service shall be deemed effective
immediately. If service is made by posting, service shall be effective on
the third day following the day the Notice is posted. Reoccumng penalties
shall become effectiye every twenty-four hours after midnight of the
effective date of the initial penalty, if the violation is not corrected.
The Notice shall contain all the information required to be placed in
_ a Notice to Correct Violation, under ACC 1.25.030; and in addition the
following: 1. The amount of the initial penalty and the amount of the per
. day penalfy for each day the Violation(s) continues, and, if applicable, the
condifions on which assessment ofisuch civil penalty is contingent.
2. A statement that the reoccurring penalty accrues each day
automatically, without further notice.
3. The procedure for appealing the penalty, as described in this
chapter.
4. That if the penalties are unpaid within 10 days of when they
become effective; they shall become a lien on the property that shall be of
: equal rank with state, county and municipal tazes.
C. Withdrawal. The Code Enforcement OfFcer may withdraw a
Notice of Penalty if compliance is achieved, as determined by the Officer,
within fourteen (14) calendar days of the service date of the Notice. The
Officer shall not withdraw a Notice of Penalty if it is the second notice
Ordinance No. 6328
September 29, 2010
. Page 5 of 8
issued by the Officer to the same person for the same or similar violation
committed within six months.
D. Continued Duty to Correct. Payment of a penalty pursuant
to this chapter does not relieve a person of the duty to correct the violation
. as ordered by the enforcement officer. Correction of the violation does not
relieve a Person of the obligation to pay the penalty assessed, unless
dismissed, withdrawn, or modified by the Hearing Examiner or the Code
Enforcement Officer.
E. Appeal of Notice of Penalty.
1: An assessed civif penalty may be appealed to the city Hearing
Examiner within #ourteen (14) calendar days of the penalty's effective
date, in the same manner as determinations of the building official are appealed under ACC 15.07.130. After the fourteen (14) day period,
penalties shall be fnaf and binding. The Hearing Examiner may grant an
extension of time for filing an appeal if the Person establishes that he/she
did not receive the notice of penalty due to good cause. The burden of
proving such good cause circumstances is on the person making the
claim.
2. The appeal shall be processed and the hearing conducted
according to the provisions of ACC 15.07:130 and the provisions of that
section are. adopted by reference for the purpose of. this chapter. The
person appealing may appeal either the determination that a violation
_ exists or the amount of the civil penalty imposed, or both. The person
appealing may appeal. all penalties that are not final and binding. The
Hearing Examiner has the authority to affirm, dismiss, or modify the civil
penalty. The City shall have the burden of proving by a preponderance of
. the evidence the commission of a violation. !fi the Hearing Examiner finds
that a violation was not committed at the time the Notice of Penalty was
issued, the Examiner shall dismiss all penalties before him/her that were
imposed for the alleged violation and the City shall dismiss all additional
penalties, whether effective or fnal, that were imposed for the alleged
violation.
3. The civif penalties for a continuing violation shall not
continue to accrue pending determination of the appeal, however, the
Hearing Examiner may impose a daily monetary penalty, to a maximum of
$100 per day, from the, date of service of the Notice of Penalty if the
Hearing Examiner finds that the appeal is frivolous or infended solely to.
delay compliance. An appeal does not lift or stay a Notice to Correct
Violation.
4. A person is , precluded from appealing a penalty if the
Hearing Examiner finds that it has determined in a prior appeal all the
issues of fact and law raised by the person appealing.
5. At his/her discretion, the Hearing Examiner may consolidate
appeals of penalties imposed on the same property for the same
violations.
Ordinance No. 6328
September 29, 2010
Page 6 of 8
F. Cost Recovery & Lien.
1. Any monetary penalty imposed under this chapter constitutes a '
personal obligation of the person served the Notice of. Penalty. The city
attorney is authorized to collect the monetary penalty by use of
app,ropriate legal remedies, the seeking _ of which shall neither stay nor
terminate the accrual of additional per day` penalties so long as the
violation continues.
2. The city may authorize the use of collection agencies to
recover monetary penalties, in which case the cost of the collection
process shall be assessed in addition to the monetary penalty.
3. Once civil penalties are effective and due, pursuant to this
section, the Code Enforcement Officer. may file a lien with the county
auditor on the property where the violation exists for the amount of the
unpaid civil penalties. The claim of lien shall contain the following:
a. The authority for imposing a civil' penalty;
b. A briefi description of the civil penalty imposed, including the
violations charged and the duration thereof; ,
c. A legal description of the property to be charged with the
lien;
d. The name of the known or reputed Owner; and
e. The amount, including lawful and ` reasonable costs, for
which the lien is claimed.
Section S. Implementation. The Mayor is hereby authorized to implement
such administrative procedutes as may be necessary to carry out the directions of this
legislation.
Section 6. Severabiliiv. The provisions of: this ordinance are declared
to be separate and severable. The invalidify of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect tfie validity of the remainder of
this ordinance, or the validity of ifs application to other persons or circumstances.
Section 7. Effective date. This Ordinance shall take effect and be in focce
five days from and after its passage, approval and publication as provided by law.
Ordinance No. 6328
September 29, 2010
Page 7 of 8
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, Cify Clerk .
APP ED TO FORM: .
Daniel B. Heid, City Attorney
Published:
- -
Ordinance No. 6328 -
September 29, 2010
Page 8. of 8