HomeMy WebLinkAbout6429 ORDINANCE NO. 6 4 2 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 1.25.010, 1.25.020, 1.25.040, 2.63.113,
3.90.030, 8.14 050, 9.58.020, 9.86.040, 10.12.430,
10.12.440, 10 40 050, 10.40.060, AND 15.06.040
AND CHAPTER 10.08, OF THE AUBURN CITY
CODE RELATING TO AND ACCOMMODATING
CHANGES FROM THE MUNICIPAL COURT TO THE
DISTRICT COURT SYSTEMS
WHEREAS, the City Council of the City of Auburn, recently adopted an
Ordinance repealing Chapter 2.14 of the Auburn City Code entitled Municipal
Court System in connection with the City's contracting for court services from the
King County District Court; and
WHEREAS, in furtherance thereof, there are several other sections of the
Auburn City Code that would benefit from clarification of the change of court
systems; and
WHEREAS, in order to provide that consistency regarding court systems,
it is appropriate to amend the code where necessary to clarify that the municipal
court will no longer be hearing court cases and that another court of limited
jurisdiction is authorized to hear those cases.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 1.25.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.010 Purpose.
Ordinance No. 6429
October 29, 2012
Page'1 of 11
It is the purpose of this chapter to generally provide civil penalties for non-
fire code violations of ACC Titles 5, 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, and such other code provisions as are specified. Criminal
penalties provided in this code for non-fire violation of ACC Titles 5, 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individual titles are superseded to the extent provided herein.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
aaanisip6d ourt of limited jurisdiction authorized to hear cases of the_city_as
assigned in the ACC or as otherwise provided by law (Ord. 5966 § 1, 2006; Ord.
5837 § 1, 2004, Ord. 5677 § 2, 2002; Ord. 5667 § 1, 2002; Ord. 5246 § 1 (Exh.
B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991 )
Section 2. Amendment to City Code. That section 1.25.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.2.5.0.20 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 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 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.
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 agent of any of the
aforesaid.
Ordinance No. 6429
October 29, 2012
Page 2 of 11
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 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 that 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. „
,
the AGG AM11 he heard "Court” means the court of limited jurisdiction authorized
to hear cases of the city
I. "Property owner' means any person or persons, having legal right
or interest such as a fee owner, contract purchaser, mortgagor or mortgagee,
option or optionee, and beneficiary or grantor of a trust or deed of trust, but not
including the grantee of an easement. (Ord. 6328 § 1, 2010; Ord. 5966 § 2, 2006;
Ord. 5677 § 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 )
Section 3. Amendment to City Code. That section 1.25.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
1.25.040 Notice of infraction.
A. Authority to Issue. Whenever the code enforcement official
determines that a violation has not been corrected pursuant to ACC 1.25 030,
he/she shall be authorized to issue a notice of infraction, on an appropriate form
for filing with the aRURisipal court of limited jurisdiction authorized to hear cases of
the city, to the property owner(s) and/or tenant(s) and/or to any person(s)
causing or allowing or participating in the violation.
B. Infraction Process. Once the notice of infraction has been filed with
the munisipal ourt of limited jurisdiction authorized to hear cases of the city, it
shall be sent in the normal course to the property owner(s), tenant(s) and/or to
other person(s) causing or allowing or participating in the violation, and thereafter
processed for court proceedings in accordance with applicable rules and
procedures. (Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1
(Exh. B), 1999; Ord. 4460 § 1, 1991 )
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October 29, 2612
Page 3 of 11
Section 4. Amendment to City Code. That section 2.63.113 of
the Auburn City Code be and the same hereby is amended to read as follows:
2.63.113 Vacation — Longevity leave time— Department directors.
A. The following designated employees, hereinafter referred to as
department directors, shall accrue vacation — longevity leave time at the rate of
20 days per year*
4—_The department directors listed in ACC 2.03.040(A);
2. The muniaipal eeuFt judge.
B. Longevity leave to the employees designated herein shall accrue
as follows:
1 During the first calendar year of employment with the city, each of
the above designated department directors would be entitled to a block of up to
20 days of vacation — longevity leave. The actual number of days shall be
computed based upon the date on which the above listed department directors
commenced employment with the city;
2. During the second year of employment with the city and each year
thereafter, each department director will accrue vacation — longevity leave on a
monthly basis, to a maximum of 20 days per year (Ord. 5870 § 3, 2004, Ord.
4320 § 2, 1989 )
Section 5. Amendment to City Code. That section 3.90.030 of
the Auburn City Code be and the same hereby is amended to read as follows:
3.90.030 Collection — Use.
A. A law enforcement agency may submit to the city a notice of liability
for the expense of an emergency response. The notice shall set forth the name
of the responsible person, the date of the emergency response, the date of
conviction or deferred prosecution, and the amount owing to the city The total
emergency response cost may be ordered by the FAuRioipa; court of limited
jurisdiction authorized to hear cases of the city_ as restitution. Where the total
emergency response cost has not been ordered by the court, the city may collect
the expense of the emergency response in the same manner as a contract by
sending notice to the person responsible via certified mail with a return receipt.
Notice, sent to the last known address, shall be deemed delivered three days
after mailing.
B. Any costs not paid within 60 days of the date ordered by the court
or within 60 days of the date of issuance of the notice of liability may be referred
to a collection agency The cost of collection shall be added to the total amount
owed by the person whose intoxication resulted in an emergency response.
C The mayor or his designee shall have the authority to periodically
review the use of these funds collected through the budget authorization process
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October 29, 2012
Page 4 of 11
in order to ensure that the amounts collected will be primarily devoted to DUI
enforcement emphases. (Ord. 6366 § 3, 2011 )
Section 6. Amendment to City Code. That section 8.14 050 of
the Auburn City Code be and the same hereby is amended to read as follows:
8.14.050 Abatement and removal of junk vehicles on private property
A. Voluntary Correction. Whenever the code enforcement official or a
city of Auburn law enforcement officer determines that a vehicle is a public
nuisance and in violation of this chapter, a reasonable attempt shall be made to
secure voluntary correction from the landowner and the vehicle's registered
owner
B. Enforcement of Civil Violations. If the code enforcement official or
city of Auburn law enforcement officer does not obtain voluntary correction of the
public nuisance, the officer may issue a notice of infraction to the landowner of
record and/or the vehicle's last registered owner of record, which shall be filed
with the ourt of limited iunsdiction authorized to hear cases of
the. city and processed in accordance with appropriate rules and procedures.
Alternatively, the code enforcement official or city of Auburn law enforcement
Officer may issue a civil violation to the landowner of record and the vehicle's last
registered owner of record, in accordance with the procedures set forth below
C Content. For violations of this chapter, the notice of civil violation
shall contain the following information:
1 The name and address of the landowner of record upon whose
property the vehicle is located;
2. The name and address of the vehicle's last registered owner of
record provided license or vehicle identification numbers are available;
3. The vehicle description including: the license plate number and/or
the vehicle identification number; the model year; the make; and the factors
which render the vehicle a public nuisance;
4 The street address of a description sufficient for identification of the
property where the vehicle is located;
5. The required corrective action and a date and time by which the
correction must be completed;
6. The procedures and hearing process and procedures for other
enforcement action shall be conducted in accordance with Chapter 1.25 ACC or
as otherwise provided in applicable codes, rules and regulations. (Ord. 5747 § 2,
2003; Ord. 5677 § 3, 2002; Ord. 5200 § 2, 1999 )
Section 7. Amendment to City Code. That section 9.58.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
Ordinance No. 6429
October 29, 2012
Page 5 of 11
9.58.020 Witness tampering.
A. A person is guilty of witness tampering if he or she induces or
attempts to induce a person that he or she knows or reasonably should know is a
witness in a case before the AubUFR muniGipalgny court of this state located
within the boundaries of the city
1 To testify falsely;
2. To withhold testimony without right or privilege; or
3. To fail to appear in court when scheduled to testify by subpoena or
court order
B. Witness tampering is a gross misdemeanor (Ord. 6411 § 6, 2012.)
Section 8. Amendment to City Code. That section 9.86 040 of
the Auburn City Code be and the same hereby is amended to read as follows:
9.86.040 SOAR orders — Issuance.
A. The manisipal ourt.of limited jurisdiction authorized to-hear cases
of-the.city_may issue a SOAR order to any person charged with racing, unlawful
race attendance, reckless driving associated with race activity, or trespass
associated with race activity as a condition of pretrial release, sentence, or
deferred sentence.
B. A person is deemed to have notice of the SOAR order when:
1 The signature of either the person named in the order or that of his
or her attorney is affixed to the bottom of the order, which signature shall signify
the person named in the order has read the order and has knowledge of the
contents of the order; or
2. The order recites that the person named in the order, or his or her
attorney, has appeared in person before the court at the time of issuance of the
order
C. The written SOAR order shall contain the court's directives and shall
bear the statement: 'Violation of this order is a criminal offense under ACC
9.86.050 and will subject the violator to arrest," (Ord. 5933 § 1, 2005.)
Section 9 Amendment to City Code. That section 10.12.430 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.12.430 Complaint and citation — Filing with police department.
Every police officer, upon issuing a traffic complaint and citation to an
alleged violator of any provision of the motor vehicle laws of this state or of any
traffic ordinance of this city, shall deposit the complaint and the abstract of the
court record copy of such traffic complaint and citation with his immediate
superior officer, who shall cause the original to be delivered to the Fftnieipai
court of limited jurisdiction .authorized to hear cases of this city or to the traffic
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Ordinance No. 6429
October 29, 2012
Page 6 of 11
violations bureau. The police record copy of the traffic complaint and citation
shall be retained in the traffic citation book and shall be delivered by such
superior officer to the finance director together with such book when all traffic
complaints and citations therein have been used. (Ord. 5212 § 1 (Exh. E), 1999;
1957 code § 9.04 470(A).)
Section 10. Amendment to City Code. That section 10.12.440 of
the Auburn City Code be and the same hereby is amended to read as follows:
10 12.440Mun+sipa"gourt of limited jurisdiction trial
Upon the filing of such original citation in the rUaisipal court of limited
jurisdiction authorized to hear cases-of this city as set out in ACC 10 12.430, the
citation may be disposed of only by trial in the court,or by other official action by a
judge of the court, including forfeiture or by payment of a fine to the traffic
violations bureau of the court. (Ord. 5212 § 1 (Exh. E), 1999; 1957 code §
9 04 470(B).)
Section 11. Amendment to City Code. That section 10.40.050 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.40.050 Violation — Notice.
Each officer shall attach to the vehicle a notice to the owner or operator
that the vehicle has been parking in violation of the provisions of this chapter,
and instructing the owner or operator to report to the runisipal-court of limited
jurisdiction authorized to hear cases of the city in regard to such violation. (Ord.
5111 § 2, 1998; 1957 code § 9.26.030 )
Section 12. Amendment to-City Code. That section 10 40.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
10.40.060 Violation — Fines.
Any person found to have committed a violation under this chapter shall
pay a sum of $25.00 if so paid within 15 days from the date of issuance of such
notice, or in the sum of $30.00 if so paid after the fifteenth day from the issuance
of said notice, by paying the same directly with the Aubum Fflunieip ourt of
limited jurisdiction authorized to hear cases of the city It shall be a separate
violation, subject to the fines and "penalties provided herein, chargeable
independently and successively, for each instance of overtime parking when the
same vehicle is parked for consecutive periods longer than the parking time limit.
The monetary penalty provided for by this section may be forfeited or a contested
or mitigated hearing may be requested as authorized by law (Ord. 5724 § 11,
Ordinance No. 6429
October 29, 2012
Page 7 of 11
2002; Ord. 5111 § 2, 1998; Ord. 4218 § 3, 1987, Ord. 3338 § 4, 1978; 1957 code
§ 9.26.030.)
Section 13. Amendment to City Code. That section 15.06.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
15.06.040 Penalties and enforcement.
A. Unless specifically directed or assigned otherwise, violations of or
failures to comply with any of the codes adopted by this chapter shall be
prosecutable in the Aubum FnuniGip -o-urt.of limited jurisdiction authorized to
hear cases of the city
B. Unless a different city penalty is specifically provided for a violation
of or failure to comply with any of the codes adopted by this chapter, violations of
and failures to comply with the requirements of the codes adopted by this chapter
shall constitute offenses of the same description, class and category of offense
as is indicated in the adopted code. The penalty for any such offense identified or
identifiable as a misdemeanor for which no penalty is specifically provided shall
be punishable by imprisonment in the appropriate city or county jail for a period
of up to 90 days and a fine of up to $1,000, or by both such fine and
imprisonment, The penalty for any such offense identified or identifiable as a
gross misdemeanor for which no penalty is specifically provided shall be
punishable by imprisonment in the appropriate city or county jail for a period of
up to one year and a fine of up to $5,000, or by both such fine and imprisonment.
The penalty for any such offense identified or identifiable as an infraction for
Which no penalty is specifically provided shall be punishable in accordance with
ACC 1.25.050
C The penalty provisions hereof are in addition to other enforcement
and remedy provisions of the codes adopted by this chapter and of the chapters
of this title. (Ord. 5874 § 3, 2004, Ord. 5683 § 38, 2002.)
Section 14. Amendment to City Code. That Chapter 10.08 of the
Auburn City Code be and the same hereby is amended to read as follows:
Chapter 10.08
TRAFFIC VIOLATIONS BUREAU'
Sections:
10 08.010 Creation.
10.08.020 Bail forfeitures.
10 08 030 Personal recognizance bond execution duties.
For statutory provisions on the enforcement of traffic regulations, see Ch. 46.64 RCW; for
provisions applying Ch. 46.64 RCW to code cities, see RCW 35A.46.010.
Ordinance No. 6429
October 29, 2012
Page 8 of 11
10.08.040 Post-trial procedures.
10.08.050 Driver education penalty remittances.
10.08.060 Limitations.
10.08.010 Creation.
There is created and established within the city a traffic violations bureau
to assist the Gity rnunieipal court of limited jurisdiction authorized to hear-cases of
the city with the clerical work of traffic cases. The bureau shall be in charge of the
finance director and shall be open at such hours and at such places as the mayor
of the city, in consultation with the judge of the city- muniGoal-said court, may
designate from time to time. The mayor of the city, after consultation with the
judge, may appoint and designate one of the persons employed in the traffic
violations bureau or a contract service provider as chief traffic violations clerk.
(Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9.03.010.)
10.08.020 Bail forfeitures.
In traffic matters where a bail forfeiture is authorized by the revised bail
schedule of the GAY Fnwaisipal ourt of limited jurisdiction authorized to hear
cases of the city, a form provided by 4m—said court will be prepared in triplicate
by the clerk of the traffic violations bureau. The original will be stapled to the
permanent violations bureau copy of the uniform traffic citation and complaint.
The remaining two copies will be taken with payment of the bail and driver
education penalty directly to the finance director of the city, where payment in full
will be made. The finance director will thereupon complete the finance director's
items on the form, keep one copy for his files, and at least weekly will return the
third copy of such form to the clerk of the traffic violations bureau. The clerk will
staple such third copy to the permanent violations bureau copy of the uniform
traffic citation and complaint and will file them in numerical sequence in the
permanent files of the bureau. The clerk of the traffic violations bureau will
complete the disposition of items on the reverse side of the remaining copies of
the citations and will dispatch them at least weekly to the appropriate agencies.
(Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9.03.020.)
10.08.030 Personal recognizance bond execution duties.
In traffic matters where trial is requested or is mandatory, according to the
reversed bail schedule, the clerk of the traffic violations bureau is authorized to
allow violators to execute and complete a form of personal recognizance bond,
as provided by the eity munisipal-court of_limited jurisdiction_authorized to_hear
cases of the city The clerk will thereupon send all copies of the traffic citation
and complaint together with the executed personal recognizance bond to the city
aNaaisipaisaid court for docketing, trial and disposition. (Ord. 4538 § 1 (Exh. A),
1991, 1957 code § 9.03.030 )
10.08.040 Post-trial procedures.
Ordinance No. 6429
October 29, 2012
Page 9 of 11
Following trial on the merits, if a finding of "not guilty" is made, a docket
entry to this effect shall be made and the personnel of the opal court of
limited 4urisdiction_authorized to hear cases of the ci1y-pefsGn44e1-_will complete all
actions. If, after trial on the merits, a defendant is found guilty and a fine and
driver education penalty is assessed, the clerk of #H--said court will prepare a
form in four copies keeping the original with the court. The remaining copies shall
be given to the defendant immediately with instructions to take or send payment
of his fine and penalty in full within a definitely stated period directly to the
finance director of the city Upon payment, the finance director will complete the
finance directors items on the form, keep one copy for his files, and at least
weekly, will return the third copy of the form to the city Fnu*Goal-court of limited
jurisdiction authorized to hear cases of the city where the remaining necessary
actions will be completed. (Ord. 4538 § 1 (Exh. A), 1991, 1957 code § 9.02.040 )
10 08.050 Driver education penalty remittances.
The finance director will make remittance of the state driver education
penalty periodically, as required, directly to the state treasurer (Ord. 4538 § 1
(Exh. A), 1991, 1957 code § 9 30.050 )
10 08.060 Limitations.
The procedures set out in this chapter will not apply in the case of criminal
matters not involving traffic violations. The city rnunieipal—court of limited
jurisdiction authorized to hear cases of the city will process those cases.
Likewise, in the case of persons charged and booked in the county jail and where
bail is posted at the jail, present procedures will remain in effect. (Ord. 4538 § 1
(Exh. A), 1991 1957 code § 9 03.060.)
Section 15. Authorization of City Clerk. The City Clerk is also
authorized, as Code Reviser of the Auburn City Code, to make such other
corrections as would be warranted in connection with the purposes of this
ordinance and identify those corrections to the Mayor and City Council.
Section 16. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 17. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
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Ordinance No. 6429
October 29, 2012
Page 10 of 11
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 18. 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- NOV 5 2012
PASSED- NOV 5 2012
APPROVED* NOV 5,7017
�BUR�
PETER B. LEWIS
MAYOR
ATTEST
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
D iel B. Attorne
Published:
Ordinance No. 6429
October 29, 2012
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