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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 AUBU_RN 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, sanitafion, 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 privafe 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 Aubum 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
presenf 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 successfulty 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 7HE CITY OF AUBURN,
WASHINGTON, DO ORDAIN asfollows:
Section 1. Amendment 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 director of the department authorized and/or empowered to enforce
a violation of ACC 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 tifles and the terms and
conditions of any permit or'approval issued p"ursuant to those titles of this
code, and such of the code provisions specifying civil penalties, not within
the specific or exclusive 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 or 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,
administrators or assigns; and also includes a firm, partnership or
corporation, its or their successors or assigns, a governmental body, or
the agenfi 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
his/her designee, to direct that work or activity shall be stopped until such
activity is authorized to resume by the code. enforcement official or other
authorized enforcement official, or his/her designee.
G. "Violation" means an acf 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 othec provisions of the ACG that are
- enforceable pursuant to the provisions of this chapter, and/or alf
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 Chaptec 2.14 ACC, as the forum in
which violations of the ACC shall be heard.
1. "Property Owner" means any Person or. Persons, havinq
leaal riQht oc interest such as a fee owner, contract purchaser, mortqaqor
or mortqagee option or optionee and beneficiarv or qrantor of a trust or
deed of trust but not including the arantee of an easement. (Ord. 5966 §
2, 2006; Ord. 5677 § 2, 2002; Ord. 5667 § 2, 2002; Ord. 5372 § 1, 2000;
Ord. 5246 § 1(Exh. B), -1999; Ord. 5212 § 4(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 liabilify. .
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 nofice to be signed by the
mayor or designee, the person owning, occupying or controlling such
premises fails, neglecfs. or refuses to rernove 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 the `penalty provided, shall '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 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
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behalf of the city. The mayor or designee is also authorized to file a lien
I against the property on which the nuisance was abated, whether pursuant
to this chapter: or bv other leqal process, or on the adjacent property
where the nuisance was located on public property or on public right-of-
way and where the nuisance was caused by or on behalf of the owner of
the adjacent property; _W4+s#~The 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-+Rin _the costs of enforcing the Iien1
the amount of all oatstandina penalties, and all allowable interest. In any
such abafement 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 may levy a special assessment on the propertv on which the
nuisance was abated for the amount of the citv's costs in abatinp. the
nuisance unless previouslv baid, and to contract with the County
Treasurer to collect: the_assessment qursuant to RCW 84.56.035. Anv
salvage value proceeds resulting_from the abatement of the property shall
first be applied to the costs of abatement. Anv remaininq such monies
shall be paid to _ the property owner as shown on the last equalized
assessment roll. (Ord. 5837 6, 2004; Ord. 5747 § 1, 2003; 1957 code §
7:04.330.)
Section 3. Amendment 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 enforcement official, or his designee, pursuant to the
provisions of Chapter 1.25 ACC, is authorized and empowered to notify
the owner of any open or vacant private property within the city or the
agent of such owner to properly cut and remove all grass, weeds and
brush 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 oc subiect to a civil penaltv,. punishable in accordance with
I AGGChapter 1.25-.M AC.C, except where the violation is designated as a
misdemeanor as provided m 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 to any other enforcement actions
available to the city, if the code enforcement official determines that a
violation has not been corrected pursuant to ACC 1.25.030 within the time
specified in the Notice to Correct Violation, he/she is authorized.to impose
a civil penalty against the Property Owner. on whose property the violation
exists, and/or the Person in possession of the property, and/or the Person
otherwise causing or responsible for the violation. The penalty shall be up
to $500 for the first day and $100 pec day for each addifional.full day the
violation continues. Each day on which a violation or failure continues
shall constitufe a separate violation. If unpaid within 14 calendar days of
becoming effective, each penalty shall constitute a lien against the
property of equal rank with state, county, and municipal taxes.
B. Notice of Penalty. The penalty shall be imposed by serving
a Notice of Penalty. Service of the Notice shall. be made upon all Persons
identified in the Notice either personally or by mailing a copy of such order
by certified mail, postage prepaid, return receipt requested. If an address
for mailed service cannot be ascertained; service shall be accomplished
by posting a copy of the Notice conspicuously on the affected property or
structure. The initial penalty shall be effective and the 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 #o 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 daythe'Notice is posted. Reoccurring penalties
shall become effective every twenty-four hours after midnight of the
effective date of the initial penalty, if the violation is not corrected. .
The Notice shall confain all the informa#ion required to be placed in
a Notice to Correct Violation, under ACC 1.25.030, and in addition the
following:
1. The amounf of the initial penalty and the amount of the per.
. day penalty for each day the violation(s) continues, and, if applicable, the
conditions on which assessment of such ciVil penalty is contingent.
2. A statemenf fhat 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 #he 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 Officer 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 Gode
Enforcement Officer.
E. Appeaf of Notice of Penalty.
1: An assessed civil penalty may be appealed to the city Hearing
Examiner within, fourteen (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 finaf and binding. The Hearing Examiner may grant an
extension of time for filing an appeal if the Person establishes that he/she
did not receive the notice of penalty due to good cause._ The burden of
proving such good cause circumstances is on the person making the
claim.
2. The appeal shall be processed and the hearing conducted
according to the provisions of ACC 15.07:130 and the provisions of that
section are. adopted by reference for the purpose of this chapter. The
person appealing may appeal either the determination that a violation
. exists or the amount of the civil penalty imposed, or both. The person
appealing may appeal all penalties that are not final and binding. The
Hearing Examiner has the authority to affirm, dismiss, or modify the civil
penalty. The City shall have the burden of proving by a preponderance of
the evidence the commission of a violation. If the Hearing Examiner finds
that a violation was not committed at the time the Notice of Penatty 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 civil penalties for a continuing violation shall not
continue to accrue pending determination of the appeal, however, the
Hearing Examiner may impose a daily moneta .ry penalty, to a maximum of
$100 per day, from the, date of service of the Notice of Penalty if the
Hearing Examiner finds thaf the appeal is frivolous or intended solely to.
delay compliance. An appeal does not lift or stay a Notice to Correct
Violation. 4. A person i_s.. precluded from appealing a penalty if the
Hearing Examiner finds that it has determined in a prior appeal all the
issues of facf and law raised by the person appealing.
5. At his/her discretion, the Hearing Examiner rnay 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
appropriate legal remedies, the seeking of: which shall neither stay nor
terminate the accrual of additional per day penalties so long as the
violation continues.
2. The city may authorize the use of collection agencies to
recover monetary penalties, in which case the cost of the collection
process shall be assessed in addition to the monetary penalty.
3. Once civil.penalties are effective and due, pursuant to this
section, the Code Enforcement Officer may fle 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 foc imposing a civil penalty;
b. A brief description of the civil penalty imposed, including the
violations charged and the duration thereof; c. A legal description ofi the property to be charged with the
lien;
d. The name ofi#he known or reputed Owner; and
e. The amount, in'cluding lawful and reasonable costs, for
which the lien is claimed:
Section 5. Jmblementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 6. Severabilitv., The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of.this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 7. Effective date. This Ordinan.ce shall take effect and be in force
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: OCT 4 2010
PASSED: OCT - 42010
APPROVED: OCT - 42010
URN
✓
. - -
PETER B. LEWIS
MAYOR
ATTEST: ,
D.anielle E. Daskam, City Clerk .
APP ED TO FORM:
Daniei B. Heid, City Attorney
Published: /aDZ delo
Ordinance No. 6328
`September 29, 2010
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