HomeMy WebLinkAbout08-15-2016 CITY COUNCIL AGENDA PACKET (4)City Council Meeting
August 15, 2016 - 7:00 PM
Auburn Senior Activity Center, located
at 808 9th St SE
AGENDA
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I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the August 1, 2016 Regular City Council Meeting*
B. Claims Vouchers (Coleman)
Claims voucher number 440024 through 440245, in the amount of
$5,251,264.18 and six wire transfers in the amount of $967,099.38 and dated
August 15, 2016.
Page 1 of 104
C. Payroll Vouchers (Coleman)
Payroll check numbers 536636 through 536666 in the amount of $563,702.57,
electronic deposit transmissions in the amount of $1,498,779.55 for a grand total
of $2,062,482.12 for the period covering July 28, 2016 to August 10, 2016.
D. Public Works Project No. CP1522* (Snyder)
City Council to award Contract No. 16-19, to KLB Construction on their low bid of
$1,649,376.05 plus Washington State sales tax of $156,690.72 for a total
contract price of $1,806,066.77 for Project No. CP1522, 30th Street NE Area
Flooding, Phase 1B
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6606* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, granting to
City of Enumclaw Natural Gas, a franchise for gas utility
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6606.)
B. Ordinance No. 6611* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 17.14.005 of the Auburn City Code, Relating to Civil Plan Preparation,
Submittal and Approval
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6611.)
C. Ordinance No. 6612* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
Section 14.22.020 of the Auburn City Code relating to requirements for updating
the Comprehensive Plan
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6612.)
D. Ordinance No. 6613* (Heid)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Section, 5.20.250, Of The Auburn City Code and amending Sections
1.04.060, 1.25.010, 5.20.030, 5.20.050 and 9.22.030 of the Auburn City Code
related to marijuana related businesses and activities, and imposing a
moratorium on marijuana related activities as identified herewith
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6613.)
E. Ordinance No. 6615* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, creating a
new Chapter 15.20 of Auburn City Code [Property Maintenance Code], and New
Sections 18.12.100, 8.20.060, 8.20.070, of the City Code and amending
Page 2 of 104
Sections 1.25.030, 1.25.050, 1.25.065, 8.08.080, 8.12.020, 8.12.070, 8.12.080,
8.12.090, 8.20.030, 8.20.040, 8.20.050, 12.36.050 and 15.06.010 of the Auburn
City Code and repealing Section 1.25.070 of the Auburn City Code Relating to
Nuisance Abatement
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6615.)
XI. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 3 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 1, 2016 Regular City Council Meeting
Date:
August 10, 2016
Department:
Administration
Attachments:
8-1-2016 minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember: Staff:
Meeting Date:August 15, 2016 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 4 of 104
City Council Meeting
August 1, 2016 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers at Auburn City Hall, 25 West Main Street in Auburn.
Mayor Backus led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Wales, Bob Baggett,
Claude DaCorsi, John Holman, Bill Peloza, Yolanda Trout-Manuel, and
Rich Wagner.
Department Directors and staff members present included: Director of
Administration Dana Hinman, City Attorney Daniel B. Heid; Community
Development and Public Works Director Kevin Snyder, Assistant Director
of Engineering Services/City Engineer Ingrid Gaub, Police Chief Bob Lee,
Finance Director Shelley Coleman, Director of Human Resources and Risk
Management Rob Roscoe, Property and Facilities Analyst Josh Arndt and
Deputy City Clerk Shawn Campbell.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
There was no announcement, proclamation or presentation.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
Resolution No. 5245 regarding grant funding from the Port of Seattle was added
to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
1. Public Hearing for Franchise Agreement No. 16-36 (Snyder)
City Council to conduct a public hearing to receive public comments
and suggestions in consideration of Franchise Agreement No. 16-36
for Enumclaw Natural Gas
Mayor Backus opened the public hearing at 7:23 p.m. No one in
attendance spoke regarding Franchise Agreement No. 16-36, and the
hearing was closed.
Page 1 of 5
CA.A Page 5 of 104
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Phillip Dawdy, 1608 E Republican Street, Seattle
Mr. Dawdy stated he represents KF Industries which has been issued
the fourth retail marijuana license issued by the Washington State Liquor
and Cannabis Control Board for the city of Auburn. He said his client is
looking forward to opening soon in the city. They plan to employ as many
as 30 people. He noted that having legal cannabis stores open is taking
business away from the black market.
James Sloop, 6329 Discovery Street E, Fife
Mr. Sloop stated he was a consultant for KF Industries. He said limiting the
stores to only two stores in a city the size of Auburn raises prices. He said
having a marijuana store at their proposed site would increase the security
of the area.
Wanda Granquist, 2935 17th SE, Auburn
Ms. Granquist thanked Council for working to move the marijuana store by
her neighborhood. She does not agree a marijuana business improves the
neighborhood.
Jim
Jim thanked Council for their effort to move the marijuana store from his
neighborhood.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Baggett reported on behalf of the Finance ad hoc committee
that reviews claims and payroll vouchers. Councilmember Baggett reported
he and Councilmember Wagner reviewed the claims and payroll vouchers as
presented and described on this evening's agenda and recommend their
approval by Council.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Minutes of the July 18, 2016 Regular Meeting
B. Claims Vouchers (Coleman)
Claims voucher numbers 439789 through voucher 440023, dated August 1,
2016 in the amount of $1,252,825.59 and two wire transfers in the amount
of $185,027.14.
Page 2 of 5
CA.A Page 6 of 104
C. Payroll Vouchers (Coleman)
Payroll check numbers 536603 through 536635 in the amount of
$706,859.28, electronic deposit transmissions in the amount of
$1,522,954.36 for a grand total of $2,229,813.64 for the period covering
July 14, 2016 to July 27, 2016.
D. Public Works Project No. CP1320 (Snyder)
City Council to approve Final Pay Estimate No. 8 to Contract No. 14-11 in
the amount of $4,702.50 and accept construction of Project No. CP1320,
Maintenance and Operations Storm Drainage Improvement project
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to approve the Consent Agenda.
Deputy Mayor Wales stated the Consent Agenda consists of minutes,
claims and payroll vouchers and public works projects.
MOTION CARRIED UNANIMOUSLY. 7-0
VIII. UNFINISHED BUSINESS
There was no unfinished business.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6613 (Heid)
An Ordinance of the City Council of the City of Auburn, Washington,
creating a new Section, 5.20.250, Of The Auburn City Code and amending
Sections 1.04.060, 1.25.010, 5.20.030, 5.20.050 and 9.22.030 of the
Auburn City Code related to marijuana related businesses and activities,
and imposing a moratorium on marijuana related activities as identified
herewith
Deputy Mayor Wales moved and Councilmember Peloza
seconded to postpone Ordinance No. 6613 to August 15, 2016.
MOTION CARRIED UNANIMOUSLY. 7-0
XI. RESOLUTIONS
A. Resolution No. 5243 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
initiating street vacation proceedings and setting a public hearing to
consider the vacation of right-of-way in the vicinity of the 50 foot right-of-
way and the 14 foot alley south of East Main Street and east of A Street SE
Deputy Mayor Wales moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5243.
Director Snyder described the proposed vacation area and advised the City
is cleaning up the right of way.
Page 3 of 5
CA.A Page 7 of 104
Councilmember Holman asked if the vacation will increase the parking in
this area. Director Snyder stated it is a possibility.
Councilmember Peloza asked if the area currently has parking stalls.
Director Snyder stated there are some parking stalls in this area.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Resolution No. 5245
A Resolution of the City Council of the City of Auburn, Washington,
authorizing and supporting its grant funding application to the Port of
Seattle for Economic Development Partnership Program Funds
Deputy Mayor Wales moved and Councilmember Trout-Manuel seconded
to adopt Resolution No. 5245.
MOTION CARRIED UNANIMOUSLY. 7-0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City-
related activities since the last regular Council meeting.
A. From the Council
Deputy Mayor Wales reported she attended the South Vietnamese
memorial dedication in Les Gove Park. She reminded everyone that August
2, 2016 is National Night Out.
Councilmember DaCorsi reported he attended the Affordable
Housing Advisory Board meeting. The meeting was a joint meeting
between the Affordable Housing Advisory Board, the Interagency Council
on Homelessness and the State Advisory Council on Homelessness to
discuss legislative priorities.
Councilmember Peloza reported he attended the King County Flood
Control District meeting.
Councilmember Baggett reported he attended the Association of
Washington Cities Municipal Budgeting Workshop.
Councilmember Trout-Manual reported she attended the dedication
ceremony for the new Veterans Memorial at Les Gove Park.
B. From the Mayor
Mayor Backus noted Council meetings and study sessions will be held at
alternate sites during the Council Chambers remodel, which should take
approximately three months. She reported she attended the Bon
Odori event and the Kids Mystery Box camp put on by the City's Parks
Department.
XIII. EXECUTIVE SESSION
For clarification of these minutes, the executive session was held immediately
following the call to order and roll call. Page 4 of 5
CA.A Page 8 of 104
At 7:04 p.m. Mayor Backus recessed the meeting to executive session
for approximately 15 minutes in order to discuss pending litigation pursuant to
RCW 42.30.110(1)(i). City Attorney Heid, Assistant City Attorney Leiser, Human
Resources and Risk Management Director Roscoe, Community Development
and Public Works Director Snyder and Director of Administration Hinman
attended the executive session.
Mayor Backus reconvened the meeting at 7:22 p.m.
XIV. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 7:54 p.m.
APPROVED this 15th day of August, 2016.
________________________________ ______________________________
NANCY BACKUS, MAYOR Shawn Campbell, Deputy City Clerk
Page 5 of 5
CA.A Page 9 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers
Date:
August 10, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
approve claim vouchers.
Background Summary:
Claims voucher number 440024 through 440245, in the amount of $5,251,264.18 and
six wire transfers in the amount of $967,099.38 and dated August 15, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 15, 2016 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 10 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers
Date:
August 10, 2016
Department:
Finance
Attachments:
No Attachments Available
Budget Impact:
$0
Administrative Recommendation:
City Council approve Payroll Vouchers.
Background Summary:
Payroll check numbers 536636 through 536666 in the amount of $563,702.57,
electronic deposit transmissions in the amount of $1,498,779.55 for a grand total of
$2,062,482.12 for the period covering July 28, 2016 to August 10, 2016.
Reviewed by Council Committees:
Councilmember: Staff:Coleman
Meeting Date:August 15, 2016 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 11 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1522
Date:
August 8, 2016
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
City Council award Contract No. 16-19, to KLB Construction on their low bid of
$1,649,376.05 plus Washington State sales tax of $156,690.72 for a total contract
price of $1,806,066.77 for Project No. CP1522, 30th Street NE Area Flooding, Phase
1B.
Background Summary:
The City received six (6) responsive bids and the low bid was approximately 18%
below the engineer’s estimate. Staff has performed reference checks and other
verifications to determine that KLB Construction meets the responsible bidding criteria
and recommends award.
The purpose of this project is to construct a new 42-inch storm line from ‘I’ Street NE
to the existing Brannan Park Pump Station. The pipe will replace the existing 30-inch
storm pipe to relieve street flooding that results from the limited capacity of the
existing 30-inch line to convey the storm water to its current Brannan Park Pump
Station discharge point. This project is a continuation of the 30th Street NE Area
Flooding Phase 1A project, where a new 42-inch storm line was installed along 30th
Street NE from ‘C’ Street NE to ‘I’ Street NE in Summer of 2015. The project will also
include a joint utility trench within a private alleyway for PSE and Comcast work.
Construction of this project is anticipated to start in September 2016 and be
completed by December 2016.
Additional Authorized Contingency Consideration:
Additional project funding is available due to the low bid the City received for this
project. A contract contingency increase of $80,607.00 (above the city code
authorized contingency) is requested for a total of $180,607.00 (10% of the contract
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 12 of 104
amount) in authorized contingency due to the potential risks of working in close
proximity to the building and residential homes.
The estimated total project cost is $2,293,810.00, which is equal to the amount
budgeted for the project.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 15, 2016 Item Number:CA.D
AUBURN * MORE THAN YOU IMAGINEDCA.D Page 13 of 104
Project No: CP1522
Project Manager: Kim Truong
2015 Mid Biennial Adjustment
Initiation Date: _ 1/7/13 _ Permision to Advertise Date: 8/5/2016
Advertisement Date: 6/16/14 >>> Contract Award
Award Date: Change Order Approval
Budget Update
Funding 2015 2016
2017 Total
462 Fund - Storm* 4,932 2,288,878 2,293,810
Total 4,932 2,288,878 0 2,293,810
Activity 2015 (actual) 2016
2017 Total
Design Engineering - City Costs 992 20,678 21,670
Design Engineering - Consultant 3,940 60,929 64,869
Permits 598 598
PSE and Comcast Joint Utility Trench 100,000 100,000
Construction Contract 1,806,067 1,806,067
Authorized Contingency (10%)180,607 180,607
Construction Engineering - Consultant 50,000 50,000
Construction Engineering - City Costs 60,000 10,000 70,000
Total 4,932 2,278,878 10,000 2,293,810
2015 2016
2017 Total
*462 Funds Budgeted ( )(4,932) (2,288,878) 0 (2,293,810)
462 Funds Needed 4,932 2,278,878 10,000 2,293,810
*462 Fund Project Contingency ( )0 (10,000) 0 0
462 Funds Required 0 0 10,000 0
* ( # ) in the Budget Status Sections indicates Money the City has available.
BUDGET STATUS SHEET
30th Street NE Area Flooding - Phase 1B
The "Future Years" column indicates the projected amount to be requested in future budgets.
462 Storm Budget Status
CA.D Page 14 of 104
CA.DPage 15 of 104
30th Street NE Area Flooding, Phase 1B
Vicinity Map
July 2016
Not to Scale
Note to Scale
Project Site
CA.D Page 16 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6606
Date:
July 25, 2016
Department:
CD & PW
Attachments:
Ord 6606
Budget Impact:
$0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6606 for Enumclaw Natural Gas
Franchise Agreement No. 16-36.
Background Summary:
Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any
commercial utility operator who desires to occupy public ways of the City and to
provide commercial utility services to any person or area of the City.
During review of facilities located in City right-of-way the City determined that City of
Enumclaw Natural Gas is required to obtain a Franchise Agreement per Auburn City
Code Chapter 20.06.010. Enumclaw has applied for a Franchise Agreement for a term
of twenty (20) years to continue to operate within the City’s rights of way natural gas
transmission and distribution facilities for sale and service to customers within the City
of Auburn.
Enumclaw’s existing facilities currently serve customers located in south Auburn off of
Auburn Way South in the Academy and Lemon Tree Lane neighborhoods and
surrounding area. Enumclaw has no plans to expand services as the rest of Auburn is
currently served by PSE. Any construction, maintenance, improvements or changes to
Enumclaw’s facilities are managed through the City’s permitting processes that are a
requirement of the Franchise Agreement. Safety of Enumclaw’s facilities is regulated
and inspected through the Washington Utilities and Transportation Commission.
A staff presentation was given at the July 25th Study Session discussing Draft
Ordinance No 6606. A Public Hearing to consider this application and hear public
comment was held before the City Council on August 1, 2016 in accordance with
Auburn City Code Chapter 20.06.030.
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 17 of 104
Ordinance No. 6606, if adopted by City Council, approves Franchise Agreement No.
16-36 subject to terms and conditions outlined in the Ordinance.
Reviewed by Council Committees:
Councilmember: Staff:Snyder
Meeting Date:August 15, 2016 Item Number:ORD.A
AUBURN * MORE THAN YOU IMAGINEDORD.A Page 18 of 104
ORDINANCE NO. 6 6 0 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
CITY OF ENUMCLAW NATURAL GAS, A
FRANCHISE FOR GAS UTILITY
WHEREAS, City of Enumclaw Natural Gas ("Grantee") has applied to the
City of Auburn ("City") for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
investigation, the City Council now deems it appropriate and in the best interest
of the City and its inhabitants that the franchise be granted to Grantee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit "A", attached hereto and
incorporated by reference (the "Franchise Area").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
B", attached hereto and incorporated by reference, and all necessary
appurtenances thereto, ("Grantee Facilities") for provision of those services set
forth in Exhibit "C" ("Grantee Services") in, along, under and across the
Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the City. This Franchise is intended to convey only a limited
Ordinance No. 6606
May 31, 2016
Page 1 of 26
ORD.A Page 19 of 104
right and interest and is not a warranty of title or interest in the City's right-of
ways. The Agreement does not convey any right to Grantee to install Grantee
Facilities on or to otherwise impact, city-owned or leased properties, easements,
or rights-of way outside the ones identified in Exhibit A.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee acknowledges its use of the
Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate any right-of-way within the Franchise Area. If, at any time during the
term of this Franchise, the City vacates any portion of the Franchise Area
containing Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. This Franchise is subject to the provisions of Auburn City Code
ACC"), including specifically ACC Chapter 20.10, "CONDITIONS OF PUBLIC
WAY AGREEMENTS, FRANCHISES, AND FACILITIES LEASES", and all
federal and state laws, codes and regulations as currently exist or as amended?.
However, if the provisions of city code, as amended or superseded, conflict with
any terms and conditions of this agreement, the provisions of this agreement
shall govern. A conflict doesn't exist where this agreement is silent about a
condition or matter addressed by city code.
Section 2. Notice
A. Whenever this Franchise calls for notice to or notification by any
party, the same (unless otherwise specifically provided) shall be in writing and
directed by certified mail to the recipient at the address set forth in this Section.
If the date for making any payment, notice, or performing any act is a legal
Ordinance No. 6606
May 31, 2016
Page 2 of 26
ORD.A Page 20 of 104
holiday, payment or notice may be made or the act performed on the next
succeeding business day which is not a legal holiday.
City:Engineering Aide,
Community Development and Public Works Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: City of Enumclaw Gas Manager
2041 Railroad St
Enumclaw, WA 98022
360-825-5541
360-825-3505 (afterhours & emergency)
with a copy to: City Clerk
City of Enumclaw
1339 Griffin Avenue
Enumclaw, WA 98022
B. Any changes to the above-stated Grantee information shall be sent
to the City's Engineering Aide, Community Development and Public Works
Department, with copies to the City Clerk, referencing the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of 20 (twenty) years, from the
date of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
Ordinance No. 6606
May 31, 2016
Page 3 of 26
ORD.A Page 21 of 104
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently between 180 and 240 days prior
to expiration of the then-current term). Any materials submitted by the Grantee
for a previous application may be considered by the City in reviewing a current
application, and the Grantee shall submit those materials that differ from the
previous materials or as deemed necessary by the City to address changes in
the Grantee Facilities or Grantee Services, or to reflect specific reporting periods
mandated by the ACC.
C. Failure to Renew Franchise — Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
ACC" means the Auburn City Code.
Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
Rights-of-Way" means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Grantee Facilities" means, collectively, any and all natural gas systems owned
or operated by Grantee, including but not limited to gas pipes, pipelines, mains,
laterals, conduits, feeders, regulators, valves, meters meter-reading devise,
fixtures, communication systems, and any and all other equipment appliances,
attachments, appurtenances and other items necessary, convenient, or in any
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way appertaining to any and all of the foregoing for the purpose of transmission
of natural gas, whether the same be located over or under ground.
Hazardous Substance" shall specifically include, but shall not be limited to,
petroleum and petroleum products and their by-products, residue, and remainder
in whatever form or state.
Operate" or "Operations" shall mean the operation, use, and maintenance of
Grantee Facilities, pursuant to the terms of this Agreement.
Party" or "Parties" means collectively the City and Grantee, and individually
either the City or Grantee.
Public Works Project" means, any City capital improvement or the construction,
relocation, expansion, repair, maintenance, or removal of any part of the Public
Way or City-owned facilities located on or in the Public Way for: parks; streets;
sidewalks; curbs; pedestrian and/or vehicle traffic; sewers, storm water drains;
water facilities, and; City owned fiber optic cable, conduit or network facilities.
Third Party" means any person, party, or entity other than the City and Grantee.
FERC" means the Federal Energy Regulatory Commission, or such other
successor regulatory agency having jurisdiction over interstate pipeline
companies.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "D," and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 17, (3) the financial guarantees specified in Section 18 and (4)
payment of any outstanding application fees per the City fee schedule. These
four items shall collectively be the "Franchise Acceptance". The date that such
Franchise Acceptance is filed with the City Clerk shall be the effective date of this
Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within thirty (30) days after the effective date of the ordinance
approving the Franchise Agreement, the City's grant of the Franchise will be null
and void.
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Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders, as they now exist or as may be hereafter
amended or superseded, in undertaking such work, which shall be done in a
thorough and proficient manner.
Grantee's work within the Public Way which directly affects Grantee's
construction, operation, and maintenance of Grantee Facilities shall be
performed in accordance with Federal law and regulation.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity. Such efforts shall include, at a minimum, reasonable and diligent
efforts to keep the other party and other utilities within the Public Way informed of
its intent to undertake such construction work.
C. In addition to complying with ACC 20.10.80, as hereafter amended
or superseded, Grantee Facilities shall be located and maintained within the
Right- of-way so as not to interfere with the reasonable ingress or egress to the
properties abutting the right-of-ways as they exist at the time of installation of the
Grantee Facilities. The City expressly reserves the right to prescribe how and
where Grantee Facilities shall be installed within the public right-of-way and may
from time to time, pursuant to the applicable sections of this Franchise, require,
at no cost to the City, the removal, relocation and/or replacement thereof in the
public interest and safety at the expense of the Grantee.
D. Grantee shall continuously be a member of the State of
Washington One Number Locator service under RCW 19.122, or an approved
equivalent as determined by the City, and shall comply with all such applicable
rules and regulations. Before commencing any work within the public right-of-
way, the Grantee shall comply with the One Number Locator provisions of RCW
Chapter 19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
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providing a clear path for radio signals. Any such general vegetation clearing will
require a land clearing permit.
H. Markers demarcating the pipeline's location shall be placed on the
surface at least every 100 yards in areas not under pavement so as to provide
clear warning of the presence of the pipeline but in a manner that does not
interfere with trails or other public uses in that area. Additionally, Grantee shall
place continuous underground markers demarcating the pipeline's location each
time Grantee digs to the pipeline for any reason.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City telephonically during normal business hours
at 253-931-3010 and during non-business hours at 253-876-1985 as promptly as
possible before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Grantee's
emergency contact phone number for the corresponding response activity. For
any emergency or after normal business hour issues involving the Grantee's
facilities which requires the Grantee's immediate response the City shall contact
the Grantee at 360-825-3505 which is operated 24 hours a day, seven days a
week. The City may act, at any time, without prior written notice in the case of
emergency, but shall notify the Grantee in writing as promptly as possible under
the circumstances of the nature of the emergency and the actions taken to
address it.
Section 8. Damages to City and Third-Party Property
A. Grantee agrees that if any of its actions under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Grantee will restore, at its own cost and expense, said property to a
safe condition. Such repair work shall be performed and completed to the
satisfaction of the City Engineer.
B. The City may at any time perform or have performed any and all
work that it considers necessary to restore to a safe condition any area within the
Public Way disturbed by Grantee in the performance of this Agreement. Grantee
shall pay all reasonable costs of such work upon demand of the City.
C. All survey monuments which are disturbed or displaced by Grantee
in its performance of any work under this Agreement shall be referenced and
restored by Grantee, as per WAC 332-120, as from time to time amended, and
all pertinent federal, state, and local standards and specifications.
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Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another private utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. When constructing new facilities, or replacing or reconstructing
facilities, Grantee shall maintain a minimum underground horizontal separation of
five (5) feet from City water and five (5) feet from City sanitary sewer and storm
sewer facilities; provided, that for development of new areas, the City, in
consultation with Grantee and other utility purveyors or authorized users of the
Public Way, will develop and follow the City's determination of guidelines and
procedures for determining specific utility locations, subject additionally to this
agreement .
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineer to coordinate municipal functions with
Grantee's activities and fulfill any municipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in
hard copy or electronic format, compatible with the City's data base system, as
now or hereinafter existing, including the City's geographic information Service
GIS) data base. Grantee shall keep the City Engineer informed of its long-range
plans for coordination with the City's long-range plans.
B. Upon the City's reasonable request, in connection with the design
of any Public Works Project, Grantee shall verify the location of its underground
Facilities within the Public Way by excavating (e.g., potholing) at no expense to
the City. In the event Grantee performs such excavation, the City shall not
require any restoration of the disturbed area in excess of restoration to the same
condition as existed immediately prior to the excavation.
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C. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Grantee
shall clearly mark any information that it provides to the City as "Proprietary"
information if Grantee believes that disclosure of that information would be
exempt under the trade secrets exemption in RCW 42.56.270. The City agrees
that if it receives a request for Grantee's proprietary information, it will initially
assert the exemption under 42.56.270, and will notify Grantee of the request.
The City shall not initiate legal action to prevent disclosure of Grantee's
proprietary information. If a requestor files a lawsuit to compel disclosure,
Grantee agrees to defend the action at Grantee's sole expense.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the City
because of non-disclosures requested by Grantee under Washington's open
public records act, provided the City has notified Grantee of the pending request
or Grantee is made aware of the request or claim.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities within thirty (30) days of being ordered
by the City Engineer at no expense or liability to the City, except as may be
required by RCW Chapter 35.99. Such alternate location for relocation of
Grantee's facilities shall be determined and approved jointly by the City and
Grantee at no cost to the City. Pursuant to the provisions of Section 16, Grantee
agrees to protect and save harmless the City from any customer or third-party
claims for service interruption or other losses in connection with any such
change, relocation, abandonment, or vacation of the Public Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof. Any contractor doing work pursuant to
contract with the City shall not be considered a Third Party for purposes of this
section.
C. Any condition or requirement imposed by the City upon any Third
Party (including, but not limited to, any condition or requirement imposed
pursuant to any contract or in conjunction with approvals or permits obtained
pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Grantee's Facilities within the Rights-of-Way
shall be a condition or requirement causing relocation of Grantee's Facilities to
occur subject to the provisions of Subsection B above; provided, however in the
event the City reasonably determines and notifies Grantee that the primary
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purpose of imposing such condition or requirement upon such Third party is to
cause or facilitate the construction of a Public Works Project to be undertaken
within a segment of the Right-of-Ways on the City's behalf and consistent with
the City's Capital Facility Plan or Transportation Improvement Program, then
Grantee shall relocate its Facilities within such segment of the Rights-of-Way in
accordance with this Agreement.
D. As to any relocation of Grantee's Facilities whereby the cost and
expense thereof is to be borne by Grantee in accordance with this Section 11,
Grantee may, after receipt of written notice requesting such relocation, submit in
writing to the City alternatives to relocation of its Facilities. Upon the City's
receipt from Grantee of such written alternatives, the City shall evaluate such
alternatives and shall advise Grantee in writing if one or more of such
alternatives are suitable to accommodate the work which would otherwise
necessitate relocation of Grantee's Facilities. In evaluating such alternatives, the
City shall give each alternative proposed by Grantee full and fair consideration
with due regard to all facts and circumstances which bear upon the practicality of
relocation and alternatives to relocation.. In the event the City determines that
such alternatives are not appropriate, Grantee shall relocate its Facilities as
otherwise provided in this Agreement.
E. Nothing in this Section 11 shall require Grantee to bear any cost or
expense in connection with the relocation of any Facilities under benefit of
easement independent of this Agreement or other rights not arising under this
Agreement, nor shall anything in this Section 11 require the City to bear any such
cost or expense. Nothing in this Section 11 shall be construed to be a waiver of
any right of either Grantee or the City to contest any claim or assertion by the
other of responsibility to pay such cost or expense.
F. Subject to ACC 20.10.160, in the event of an emergency posing a
threat to public safety or welfare requires the relocation of Grantee's Facilities
within the Rights-of-Way, the City shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the City (and
subject to the issuance of any necessary order(s) of the ( Washington Utilities
and Transportation Commission), Grantee shall endeavor to respond as soon as
reasonably practicable to relocate the affected Facilities.
Section 12. Abandonment and or Removal of Grantee Facilities
Subject to ACC 20.10.130, within one hundred and eighty days (180) of
Grantee's permanent cessation of use of the Grantee Facilities, or any portion
thereof, the Grantee shall (subject to any necessary approval(s) and/or order(s)
to be provided by WUTC concerning abandonment), at the City's discretion,
either abandon in place or remove the affected facilities. Abandonment or
removal shall be at the sole cost and expense of Grantee. Any Facilities left in
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place shall be made inert by purging all natural gas from such Facilities (including
displacement of natural gas with an appropriate inert gas) and disconnecting and
sealing such Facilities, all in compliance with applicable regulations and industry
standards. The City's consent shall not relieve Grantee of the obligation and/or
costs to subsequently remove or alter such Facilities in the event the City
reasonably determines that such removal or alteration is necessary or advisable
for the health and safety of the public, in which case Grantee shall perform such
work at no cost to the City. The obligations contained in this Section shall
survive the expiration, revocation, or termination of this Agreement.
Section 13. Encroachment Management
Grantee shall manage and inspect encroachments as defined by federal
and applicable state and local laws, rules, regulations and industry standards, as
now enacted or hereinafter amended, and any other future laws or regulations
that are applicable to Grantee, the Facilities, and business operations. Upon
notification to Grantee of planned construction by another within ten (10) feet of
Grantee's pipeline, Grantee shall flag the precise location of its Facilities before
the construction commences, provide a representative to inspect the construction
when it commences, and periodically inspect thereafter to ensure that Grantee's
pipeline is not damaged by the construction.
Section 14. Emergency Management, Leaks, Ruptures, and Emergency
Response.
A. Annually, upon the request of the City, Grantee shall meet with the
Valley Regional Fire Authority, the Auburn Police Department, and the City's
Emergency Management Office to coordinate emergency management
operations and, at least once a year, at the request of the City, Grantee
personnel shall actively participate with the Valley Regional Fire Authority and
the City in emergency preparedness drills or planning sessions.
B. Grantee shall have in place, at all times during the term of this
Agreement, a system for remotely monitoring pressures and flows across the
Public Way.
C. During the term of this Agreement, Grantee shall have a written
emergency response plan and procedure for locating leaks and ruptures and for
shutting down valves as rapidly as possible.
D. Upon acceptance of this Agreement, Grantee shall provide, for the
City's approval and acceptance, a copy of its emergency response plans and
procedures, including, but not limited to, emergency rupture response. If the
parties disagree as to the adequacy of Grantee's emergency response plan, the
parties will submit the plan to independent, third party review. If the review
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recommends that Grantee make modifications or additions to Grantee's
emergency response plan, Grantee covenants to consider said
recommendations in good faith. If Grantee declines to follow the
recommendations, Grantee shall provide a written report to the City explaining its
reasoning for not following said recommendations. The parties agree to comply
with the dispute resolution provisions contained herein to resolve any dispute
over whether to follow the recommendations. Upon completion of the review of
Grantee's emergency plans and procedures set forth in this section, Grantee
shall provide a copy of the plans and procedures to the City and to the Valley
Regional Fire Authority.
E. Grantee's emergency plans and procedures shall designate
Grantee's responsible local emergency response officials and a direct twenty four
24) hour emergency contact number for the control center operator. Grantee
shall, after being notified of an emergency, cooperate with the City and make
every effort to respond as soon as possible to protect the public's health, safety
and welfare.
F. Grantee shall be solely responsible for all its necessary costs
incurred in responding to any leak, rupture or other release of natural gas from
Grantee's Facilities, including, but not limited to, detection and removal of any
contaminants from air, earth or water, and all remediation costs.
G. If requested by the City in writing, Grantee shall provide a written
summary concerning any leak or rupture within thirty (30) days of the event,
including, but not limited to, the leak or rupture's date, time, amount, location,
response, remediation and other agencies Grantee has notified.
H. The City may request that any substantial leak or rupture be
investigated by an independent pipeline consultant selected by the City. Grantee
shall be solely responsible for paying all of the consultant's costs and expenses
incurred in investigating the occurrence and reporting the findings. Grantee shall
meet and confer with the independent consultant following the consultant's
investigation to address whether any modifications or additions to Grantee's
pipeline(s) and/or Facilities may be warranted.
If the consultant recommends that Grantee make modifications or
additions to Grantee's pipeline(s) and/or Facilities, Grantee covenants to
consider said recommendations in good faith. If Grantee declines to follow the
consultant's recommendations, Grantee shall provide a written report to the City
explaining its reasoning for not following said recommendations. The parties
agree to comply with the dispute resolution provisions contained herein to
resolve any dispute over whether to follow the consultant's recommendations.
Section 15. Maintenance, Inspection, and Testing.
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Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and/or repair of the pipeline or other activities
permitted under this Agreement. Grantee shall operate, maintain, inspect, and
test the Facilities in full compliance with all applicable federal, state, and local
laws, rules, regulations, and industry standards, as now enacted or hereinafter
amended, and any other future laws or regulations that are applicable to
Grantee, the Facilities, and business operations.
Section 16. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the sole negligence of the City.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee Facilities caused
by maintenance and/or construction work performed by, or on behalf of, the City
within the Franchise Area or any other City road, right-of-way, or other property,
except to the extent any such damage or loss is directly caused by the sole
negligence of the City, or its agent performing such work.
C. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services.
D. Acceptance or inspection by the City of any work performed by the
Grantee shall not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee's waiver of immunity
under Industrial Insurance, Title. 51. RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
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provisions of this section shall survive the expiration or termination of this
Agreement.
F. In addition to the promise of indemnification required by ACC
20.10.230, Grantee shall indemnify, defend and hold the City, its appointed and
elective officials, agents, officers, employees, and volunteers harmless from and
against any and all claims, demands, liability, loss, cost, damage or expense of
any nature whatsoever including all costs and attorney's fees, made against the
City on account of violation of any environmental laws applicable to the Grantee
Facilities, or from any release of natural gas or Hazardous Substances on or
from the Grantee Facilities. This indemnity includes, but is not limited to: (a)
liability for a governmental agency's costs of removal or remedial action for
hazardous substances; (b) damages to natural resources caused by hazardous
substances, including the reasonable costs of assessing such damages; (c)
liability for any other person's costs of responding to hazardous substances; and
d) liability for any costs of investigation, abatement, correction, cleanup, fines,
penalties, or other damages arising under any environmental laws.
G. The grantee, franchisee, or lessee further agrees to indemnify, hold
harmless and defend the City against any claims for damages, including, but not
limited to, business interruption damages and lost profits, brought by or under
users of the grantee, franchisee, or lessee's facilities as the result of any
interruption of service due to damage or destruction of the user's facilities caused
by or arising out of activities conducted by the City, its officers, agents,
employees, or contractors, except to the extent any such damage or destruction
is caused by or arises from the sole negligence or any willful or malicious actions
on the part of the City, its officers, agents, employees, or contractors.
Section 17. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $2,000,000.00 (two million dollars) per
accident. Coverage shall be written on Insurance Services Office (ISO) form CA
00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $20,000,000.00 (twenty million dollars) each occurrence, $20,000,000.00
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May 31, 2016
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twenty million dollars) general aggregate and a $20,000,000.00 (twenty million
dollars) products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
11 85. There shall be no endorsement or modification of the Commercial
General Liability insurance for liability arising from explosion, collapse, or
underground property damage.
3.Professional Liability insurance with limits no less than
1,000,000.00 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee's insurance
and shall not contribute with it.
2. The Grantee's insurance shall not be cancelled by either
party except after thirty (30) days' prior written notice by certified mail, return
receipt requested, has been given to the City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer's A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self insurance is subject to approval by the City.
Participation in a self-insured, governmental risk pool shall satisfy the conditions
set forth above.
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F. Grantee's maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 18. Relationship of the Parties
A. Nothing in this Agreement shall be construed to create or confer
any right or remedy upon any person(s) other than the City and Grantee. No
action may be commenced or prosecuted against any Party by any Third Party
claiming as a Third Party beneficiary of this Agreement. This Agreement shall
not release or discharge any obligation or liability of any Third Party to either
Party.
B. Nothing contained in this Agreement shall be construed to create
an association, trust, partnership, agency relationship, or joint venture or to
impose a trust, partnership, or agency duty, obligation or liability on or with
regard to any party. Each party shall be individually and severally liable for its
own duties, obligations, and liabilities under this Agreement.
C. Grantee accepts any privileges granted by the City in an "as is"
condition. Grantee agrees that the City has never made any representations,
implied or express warranties or guarantees as to the suitability, security or
safety of Grantee's location of facilities or the facilities themselves in public
property or rights of way or possible hazards or dangers arising from other uses
of the public rights of way or other public property by the City or the general
public. Grantee shall remain solely and separately liable for the function, testing,
maintenance, replacement and repair of the pipeline or other activities permitted
under this Agreement.
D. Except as specifically provided herein, this Agreement shall not
create any duty of the City or any of its officials, employees or agents and no
liability shall arise from any action or failure to act by the City or any of its
officials, employees or agents in the exercise of powers reserved to the City.
Further, this Agreement is not intended to acknowledge, create, imply or expand
any duty or liability of the City with respect to any function in the exercise of its
police power or for any other purpose. Any duty that may be deemed to be
created in the City shall be deemed a duty to the general public and not to any
specific party, group or entity.
Section 19. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
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contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 20. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Franchise shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. Each party shall bear its own cost in any such action for its own
attorneys' fees and costs of suit.
Section 21. Enforcement and Remedies
Ordinance No. 6606
May 31, 2016
Page 17 of 26
ORD.A Page 35 of 104
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the City determines the
breach cannot be cured within thirty days, the City may specify a longer cure
period, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the specified period, commencement of work within the
original thirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the specified time, or the Grantee does not
comply with the specified conditions, the City may, at its discretion, either (1)
revoke the Franchise with no further notification, or (2) claim damages as
provided in ACC 20.10.340 per day for every day after the expiration of the cure
period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise upon thirty days (30) written
notice to Grantee and require the Grantee to apply for, obtain, and comply with
all applicable City permits, franchises, or other City permissions for such actions,
and if the Grantee's actions are not allowed under applicable federal and state or
City laws, to compel Grantee to cease such actions.
C. Interpretation or construction of this Franchise shall not be affected
by any determination as to who is the drafter of this Franchise, this Franchise
having been drafted by mutual agreement of the parties.
Section 22. Compliance with Laws and Regulations
A. In carrying out any authorized activities under the privileges granted
herein, Grantee shall meet accepted industry standards and comply with all
applicable laws, rules, and regulations, of any governmental entity with
jurisdiction over the pipeline and its operation (specifically including, but not
limited to, all requirements, rules, regulations, and orders of FERC and the
applicable provisions of the City's comprehensive plan). This shall include all
applicable laws, rules and regulations existing at the Effective Date of this
Franchise or that may be subsequently enacted by any governmental entity with
jurisdiction over Grantee or the pipeline(s) and the Facilities. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the general
public in relation to the rights granted in the Franchise Area.
Ordinance No. 6606
May 31, 2016
Page 18 of 26
ORD.A Page 36 of 104
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted federal or state statute
or regulation relating to the public health, safety, and welfare, or relating to
roadway regulation, or a City Ordinance enacted pursuant to such federal or
state statute or regulation upon providing Grantee with thirty (30) days written
notice of its action setting forth the full text of the amendment and identifying the
statute, regulation, or ordinance requiring the amendment. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to
the terms of the amendment within thirty (30) days of the call for negotiations, the
City may enact the proposed amendment, by incorporating the Grantee's
concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 23. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 24. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 25. Force Majeure
In the event that either Party is prevented or delayed in the performance of
any of its obligations under this Agreement by reason beyond its reasonable
control (a "Force Majeure Event"), then that Party's performance shall be
excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God;
laws, regulations, rules or orders of any governmental agency; sabotage; strikes
or similar labor disputes involving personnel of a party, its contractors or a Third
party; or any failure or delay in the performance by the other party, or a Third
Party who is not an employee, agent or contractor of the Party claiming a Force
Majeure Event, in connection with this Agreement. Upon removal or termination
of the Force Majeure Event, the Party claiming a Force Majeure Event shall
promptly perform the affected obligations in an orderly and expedited manner
Ordinance No. 6606
May 31, 2016
Page 19 of 26
ORD.A Page 37 of 104
under this Agreement. The Parties shall use all commercially reasonable efforts
to eliminate or minimize any delay caused by a Force Majeure Event. The
occurrence of a Force Majeure Event shall not alter or impair any of the
provisions concerning liability and/or insurance as provided in this Agreement.
Section 26. Severability & Survival
In the event that a court or agency of competent jurisdiction declares a
material provision of this Franchise to be invalid, illegal or unenforceable, the
parties shall negotiate in good faith and agree, to the maximum extent
practicable in light of such determination, to such amendments or modifications
as are appropriate actions so as to give effect to the intentions of the parties as
reflected herein. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the
value of this Franchise, either party may apply to a court of competent jurisdiction
to reform or reconstitute the Franchise so as to recapture the original intent of
said particular provision(s). All other provisions of the Franchise shall remain in
effect at all times during which negotiations or a judicial action remains pending.
All provisions, conditions and requirements of this Agreement that may be
reasonably construed to survive the termination or expiration of this Agreement
shall survive the termination or expiration of the Agreement. Subject to Section
15 above, the Parties' respective rights and interests under this Agreement shall
inure to the benefit of their respective successors and assigns.
Section 27. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 28. Implementation.
The parties each represent and warrant that they have full authority to
enter into and to perform this Agreement, that they are not in default or violation
of any permit, license, or similar requirement necessary to carry out the terms
hereof, and that no further approval, permit, license, certification, or action by a
governmental authority is required to execute and perform this Agreement,
except such as may be routinely required and obtained in the ordinary course of
business.
Whenever this Agreement sets forth a time for any act to be performed,
such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Agreement.
Section 29. Entire Agreement
Ordinance No. 6606
May 31, 2016
Page 20 of 26
ORD.A Page 38 of 104
This Agreement, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous Agreements between the parties pertaining to GRANTEE's operation of
its pipeline(s) and/or Facilities are hereby superseded.
Section 30. 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:
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
A 7 ED FORM:/
t
diel B. -'•,_Gi •ttorney
Published:
Ordinance No. 6606
May 31, 2016
Page 21 of 26
ORD.A Page 39 of 104
ORD.A Page 40 of 104
ORD.A Page 41 of 104
Exhibit6
One Main Gate Station
Two District Regulator Stations
One Corrosion Control Rectifier
One Odorizer
6 inch steel high pressure pipe operating at 250 psig
2 inch steel intermediate pipe operating at 40 psig
2 inch Polyethylene pipe operating at 40 psig
2" steel and plastic services
Ordinance No. 6606
May 31, 2016
Page 24 of 26
ORD.A Page 42 of 104
Exhibit C
Gas Services Provided by the City of Enumclaw Gas
1. 250,000 — 425,000 Btu/hr Residential Service Line and Meter Set.
2. 615,000 -800,000 Btu/hr Commercial or Industrial Service Line and Meter
Sets.
3.1.5 MMBtu/hr — 17 Mmbtu/hr Commercial or Industrial Service Line and
Meter Sets.
Ordinance No. 6606
May 31, 2016
Page 25 of 26
ORD.A Page 43 of 104
EXHIBIT "D"
STATEMENT OF ACCEPTANCE
for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
Grantee]
By: Date:
Name:
Title:
STATE OF
ss.
COUNTY OF
On this day of 2016, before me the undersigned, a
Notary Publicin and for the State of duly commissioned and sworn,
personally appeared, of the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the
uses and purposes therein mentioned, and on oath stated that he/she is
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
residing at
MY COMMISSION EXPIRES:
Ordinance No. 6606
May 31, 2016
Page 26 of 26
ORD.A Page 44 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6611
Date:
August 9, 2016
Department:
Community Development &
Public Works
Attachments:
Ord 6611
Budget Impact:
$0
Administrative Recommendation:
City Council to Adopt Ordinance No. 6611.
Background Summary:
Auburn City Code section 17.14.005 currently states that an applicant cannot submit
their civil plans for review and consideration until after they have received preliminary
plat approval from the Hearing Examiner. Community Development staff are
proposing that an applicant be allowed to submit their civil plans for review earlier than
preliminary plat approval. This will allow an applicant to experience several weeks to
months of time savings for project reviews.
Subdivisions are reviewed in three general phases – (1) Preliminary Plat, (2) Civil
Review (followed by construction of permitted civil improvements), (3) Final
Plat. Because City code currently requires that an applicant wait until they have
received preliminary plat approval it creates a window of time where the applicant is
delayed while they wait to submit their civil plan review application. The draft
amendment seeks to reduce their delay by 4 to 12 weeks because it changes the
submittal milestone from “preliminary plat approval” to “staff recommendation”. A
minimum 4 week time savings is realized because a staff recommendation is issued
approximately 2 weeks before the Hearing Examiner conducts a hearing and the
Hearing Examiner’s decision is generally rendered 2 weeks after the hearing. An
additional 8 weeks of time savings will be realized for some projects that are appealed
or where a request for reconsideration is submitted to the Hearing Examiner in
instances where further clarification of the decision is needed.
Besides allowing for earlier submittal of civil plan applications, the draft amendments
also include language that is intended to declare that an early submittal does not
equate to a vesting right. The vesting right is still hinged to the Hearing Examiner’s
decision. The reason this language is included is in the event that the Hearing
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 45 of 104
Examiner modifies the staff recommendation, it is the Hearing Examiner’s decision
that must be adhered to and not the staff recommendation. Because this type of
scenario is possible there is additional draft language that is intended to point out that
there is a modest amount of risk assumed by the applicant if they choose to submit
early. Therefore, it is important to ensure that the applicant is aware that they are
taking some risk and that they will not hold the City liable in the event they have
submitted an early civil application and the Hearing Examiner modifies the staff
recommendation (which could then result in the applicant having to modify the civil
design that was submitted before the preliminary plat was approved).
The draft amendments were presented to City Council during the July 25, 2016 Study
Session with approval to bring forward for Council action.
Reviewed by Council Committees:
Other: Legal, Public Works, and Planning
Councilmember: Staff:Snyder
Meeting Date:August 15, 2016 Item Number:ORD.B
AUBURN * MORE THAN YOU IMAGINEDORD.B Page 46 of 104
ORDINANCE NO. 6 6 1 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION 17.14.005 OF
THE AUBURN CITY CODE, RELATING TO CIVIL PLAN
PREPARATION, SUBMITTAL AND APPROVAL
WHEREAS, the current provisions of the Auburn city code provides that plans for
civil improvements shall be submitted to the city following preliminary plat approval; and
WHEREAS, the reason for the requirement that plans for facility extension
agreements and other development related civil plans be submitted to the city following
preliminary plat approval is to allow the city to measure the consistency of the subsequent
civil plans against the approved preliminary plat; and
WHEREAS, there may be occasions when it would be advantageous for a
developer to submit such civil plans in advance of the approval of the preliminary plat, so
long as the City has conducted enough review of the preliminary plat application to gauge
sufficiency for processing and feasibility of the proposal and the developer understands
and agrees that the risks of doing so are born by the developer; and
WHEREAS, in order to authorize this opportunity for earlier submittal of plans, it is
appropriate that the city code be amended to specify requirements related to such early
submittal of civil plans.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 17.14.005 of the
Auburn City Code, be, and the same hereby is, amended to read as follows:
17.14.005 Plan preparation, submittal and approval.
A. Plans for improvements shall be prepared, signed, dated and
stamped by a professional civil engineer registered in the state of Washington and
shall be in accordance with city standards and specifications. Plans shall be
submitted to the city, following preliminary plat approval, for circulation and review.
No construction permit or approval shall be issued and no construction activity
Ordinance No. 6611
July 13, 2016
Page 1
ORD.B Page 47 of 104
shall commence relating to subdivision improvements until the plans required by
this chapter have been approved and signed by the city engineer. Plans shall be
consistent with the approved preliminary plat. All sanitary sewer, water, drainage
and street improvements to be dedicated to the city shall be covered by a public
facilities extension agreement, as required by ACC Titles 12 and 13.
B. For preliminary plats that were approved, but not constructed, prior
to the effective date of the amendments to this chapter as adopted by the
ordinance codified in this chapter, the owner/developer may choose to use the
standards in effect at the time of the preliminary plat approval or, if approved by
the city engineer, use the standards adopted pursuant to this chapter.
C. Notwithstanding the previous requirement that civil plans for
improvements shall be submitted following approval of the preliminary plat, the city
may, in its sole discretion, allow an applicant/developer to submit plans after the
Department issues its recommendation to. the Hearing Examiner and prior to
preliminary plat approval, provided that the applicant/developer recognizes and
acknowledges that the city's willingness to receive civil plans .in advance of
preliminary plat approval does not constitute a submittal which would vest any
rights for the applicant/developer, and that the applicant/developer bears all risks
of submitting plans in advance of preliminary plat approval. Furthermore, early
submittal shall be allowed by the City only upon the applicant/developer entering
into an agreement with the city whereby the applicant/developer agrees to the
following:
1. That the application shall not be considered "complete" for any
purpose under federal, state, or city law, until after the preliminary plat is approved,
and all possible appeal periods of that approval have expired.
2. That since the application is not "complete," an early submitted
application is not vested. Further, that the applicant/developer has no vested rights
based on the filing of these plans, and that any comprehensive plan provisions,
development regulations, or administrative regulations adopted prior to the date
the preliminary plat is approved shall apply to the application.
3. That the applicant/developer waives, on behalf of itself, heirs,
assigns, successors, etc., any claim based on the city agreeing to allow plan
submission and review before preliminary plat approval.
4. That the applicant/developer will defend, indemnify, and hold the city
harmless against any and all claims based on the city's agreement to allow
submission and review before preliminary plat approval.
5. That the city's acceptance of plans -before preliminary plat approval
does notcreatean obligation upon the city to accept plans prior to plat approval in
the future. (Ord. 6239 § 1, 2009; Ord. 6186 § 9, 2008; Ord. 5164 § 1, 1998; Ord.
4296 § 2, 1988. Formerly 17.12.010.)
Section 2. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
Ordinance No. 6611
July 13, 2016
Page 2
ORD.B Page 48 of 104
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 4. Necessary for Immediate Effectiveness. That this ordinance
is deemed to be necessary for immediate use in effect, and is declared to be an
emergency ordinance effective upon passage by a number of votes by councilmembers
constituting a quorum plus one.
Section 5. Effective Date. This ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 6611
July 13, 2016
Page 3
ORD.B Page 49 of 104
APPROVED AS TO FORM:
rTh
i
Daniel B. Heid; City Attorney
Published:
Ordinance No. 6611
July 13, 2016
Page 4
ORD.B Page 50 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6612
Date:
August 9, 2016
Department:
Community Development &
Public Works
Attachments:
Ord 6612
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Ordinance No. 6612
Background Summary:
On December 14, 2015 City Council took action on Ordinance No. 6584 to adopt the
2015 Core Comprehensive Plan, the Land Use Element, the Housing Element, the
Capital Facilities Element, the Utilities Element, the Economic Development Element,
the Parks and Recreation Element, and a series of supporting planning
documents/appendices.
Chapter 14.22 of the Auburn City Code is titled “Comprehensive Plan”. Chapter 14.22
is the section of City Code that incorporates the specific names of the chapters and
documents that comprise the full Comprehensive Plan.
The purpose of the draft amendments to Chapter 14.22 is to update the names of the
documents so that they are consistent with those titles that are used in Ordinance No.
6584.
The draft amendments were presented to City Council during the July 25, 2016 Study
Session with approval to bring forward for Council action.
Reviewed by Council Committees:
Other: Legal and Planning
Councilmember: Staff:Snyder
Meeting Date:August 15, 2016 Item Number:ORD.C
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 51 of 104
AUBURN * MORE THAN YOU IMAGINEDORD.C Page 52 of 104
ORDINANCE NO. 6 6 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTION
14.22.020 OF THE AUBURN CITY CODE RELATING TO
REQUIREMENTS FOR UPDATING THE
COMPREHENSIVE PLAN
WHEREAS, cities and towns within King and Pierce Counties are required to
periodically update their comprehensive plans; and
WHEREAS, the City Council finds that the proposed amendment is in conformity
with state law, to wit RCW 36.70A.130.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 14.22.020 of the Auburn City
Code be and the same hereby is amended to read as follows:
14.22.020 Comprehensive plan adopted.
The city of Auburn comprehensive plan, as amended in April 1995 to comply
with the Growth Management Act and as may subsequently be amended
thereafter, consisting of the following elements, is hereby adopted by reference.
A. Chapters of the Comprehensive Plan.
Introduction.
1. Plan Background.Core Comprehensive Plan
2. Central Planning Approach.The.Land Use Element
3. Land Use.The Housing Element
4. Housing:The Capital Facilities Element
5. Capital-Fasilities.The Utilities Element
6. oc.ate UtUities-The Transportation Element
7. Transportation-The Economic Development Element
8. Economic Dovelopment.The Parks and Recreation Element
9- The Environment.
4-0- Historic Preservation.
44, Parks, Recr ation and Open Space.
42- Urban Design.
4
449. Comprehensive Plan Map.
4 3 Implcmcntation,
Appendix A--Auburn Community Vision Report
Appendix B--Auburn Housing Needs and Characteristics Assessment
Appendix C — Auburn Housing Element Checklist
Ord. No. 6612
July 27, 2016
Page 1
ORD.C Page 53 of 104
Appendix D —Auburn Health Impact Assessment
Appendix E —Auburn Public Participation Plan
Appendix F.1 — King County Buildable Lands Analysis
Appendix F.2 — Pierce County Buildable Lands Analysis
Appendix G —Auburn Airport Master Plan
Appendix H —Auburn Community Profile
Appendix I —Auburn Greenhouse Gas Inventory
Appendix J — Parks, Arts & Recreation Open Space Plan
B. Additional Elements Documents of the Comprehensive Plan, that are
incorporated by reference.
1. Comprehensive Transportation Plan.
2. Capital Facilities Plan.
3- Parks and Recreation Plan.
43. Shorelines Management Program.
54. Comprehensive Water Plan (2009).
65. Comprehensive Sewer Plan {2009).
76. Comprehensive Drainage Plan (2009).
87. Auburn Downtown Plan (May 2001).
98. Lakeland Hills Plan (1988).
4-99. Auburn Adventist Academy Plan (1991).
4-410. Auburn North Business Area Plan (1992). (Ord. 6329 § 1, 2010; Ord.
6172 § 1, 2008.)
Section 2. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. Severability. 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 4. 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:
Ord. No. 6612
July 27, 2016
Page 2
ORD.C Page 54 of 104
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP-• ED FORM:fn
OP
Daniel B. Heid, City Attorney
Published:
Ord. No. 6612
July 27, 2016
Page 3
ORD.C Page 55 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6613
Date:
August 10, 2016
Department:
City Council
Attachments:
Ord 6613
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
This ordinance would allow, under limited circumstances, marijuana related
businesses, including retailers, producers and processors, to operate within the City of
Auburn. Marijuana related businesses or activities that are not specifically authorized
in this ordinance would (still) be prohibited by a moratorium. The moratorium includes
a work plan for review of ongoing issues. It may be that other changes to the
ordinance and other limitations or accommodations for marijuana related businesses
and activities could come out of the Planning Commission and City Council review
consistent with the work plan.
In the meantime, the ordinance imposes a limitation on the number of retail
establishments, limiting them to not more than two such businesses within the City,
provided that where more than two such businesses have been licensed or have
received permits from the City related to their business, they may continue even
though that exceeds the limitation of two such businesses for the City. However, the
ordinance also provides that if any of those businesses leave or cease operation, the
limitation on the number of retail businesses reverts to two (2).
There is also a limitation on the total square footage - up to 90,000 ft.² for producers
and processors operating within the City, and an individual minimum limitation on the
size of such operations of 4000 ft.². Businesses that are currently operating or
licensed to operate within the City that have less than the 4000 ft.² minimum would be
allowed to continue operation at their initial location. At any change in the location or
additional businesses would need to meet the 4000 minimum square foot
requirement.
The ordinance also includes specific reference to statutory and regulatory provisions
relating to use of organic solvents. When not used in conformity with required
procedures and protocols, use of organic solvents can create hazards for the city.
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 56 of 104
Reviewed by Council Committees:
Councilmember: Staff:Heid
Meeting Date:August 15, 2016 Item Number:ORD.D
AUBURN * MORE THAN YOU IMAGINEDORD.D Page 57 of 104
ORDINANCE NO. 6 6 1 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
SECTION, 5.20.250, OF THE AUBURN CITY CODE AND
AMENDING SECTIONS 1.04.060, 1.25.010, 5.20.030,
5.20.050 AND 9.22.030 OF THE AUBURN CITY CODE
RELATED TO MARIJUANA RELATED BUSINESSES AND
ACTIVITIES, AND IMPOSING A MORATORIUM ON
MARIJUANA RELATED ACTIVITIES AS IDENTIFIED
HEREWITH
WHEREAS, the voters of the State of Washington approved Initiative
Measure No. 502 (1-502), in 2012, now codified within Chapters 69.50, 46.04,
46.20, 46.21 and 46.61 of the Revised Code of Washington (RCW), which
initiative decriminalized possession and use of certain amounts of marijuana and
marijuana paraphernalia, and authorized promulgation of regulations and
issuance of licenses by the Washington State Liquor and Cannabis Board
WSLCB) for the production, processing and retailing of marijuana; and
WHEREAS, pursuant to Section 13 of 1-502, the City of Auburn was
initially allocated a maximum of two (2) marijuana retailers licensed by the
WSLCB; and
WHEREAS, Second Engrossed Substitute House Bill 2136 and Senate
Bill 5052 (SB 5052), adopted on April 24, 2015, revised state requirements for
state marijuana regulations, including marijuana processors, producers, retailers,
and cooperatives; and
WHEREAS, the WSLCB notified the City of Auburn on September 23,
2015, that pursuant to SB 5052 it would not limit the number of marijuana
retailers licensed within the City of Auburn to only those allocated per 1-502; and
WHEREAS, the WSLCB notified the City of Auburn on March 8, 2016, that
it would increase the number of marijuana retailers licensed within the City of
Auburn to the two (2) authorized by 1-502 and identified as the Stash Box and
Evergreen Market, AND an additional two (2) Priority 1 applicants for licenses
under SB 5052 ; and
WHEREAS, the WSLCB has since indicated that the number of SB 5052
Ordinance No. 6613
July 26, 2016
Page 1 of 20ORD.D Page 58 of 104
retail licenses within the City of Auburn (presently two [2]) may be increased in
the future; and
WHEREAS, the City of Auburn adopted a moratorium, through Resolution
No. 5194, prohibiting any new marijuana retailers not already in operation on
January 4, 2016; and
WHEREAS, in a public hearing on February 16, 2016, and in comment to
City elected officials, including social media posts, Auburn residents voiced
concern for any marijuana retailers in excess of the initial two (2) originally
approved by 1-502; and
WHEREAS, WSLCB then notified the City of Auburn on March 8, 2016,
that marijuana retailers, including the Evergreen Market, that were licensed using
the 1-502 lottery are not allowed to move out of the jurisdictions where they are
licensed; and
WHEREAS, based upon — and in reliance on — that information, the City of
Auburn amended its moratorium, through Resolution No. 5215, to authorize the
operation of the two (2) marijuana retailers initially provided for by 1-502; and
WHEREAS, other cities, including Everett, Renton and Vancouver have
adopted restrictions on the number of licensed retailers to conform to initial 1-502
approved caps; and
WHEREAS, the WSLCB continued to process and issue licenses to
marijuana retailers within the City of Auburn pursuant to SB 5052 despite
transmittal of Resolution No. 5215 to the WSLCB; and
WHEREAS, because of the continued processing and issuing of WSLCB
licenses of retail marijuana businesses, and because new retail marijuana
businesses continued to engage in activities contrary to the City's moratoria, and
in response to the inconsistent, conflicting, and uncooperative position of the
WSLCB , the City of Auburn adopted Ordinance No. 6595 on April 4, 2016, which
ordinance prohibited all marijuana related activities within the City of Auburn ;
and
WHEREAS, consistent with a report by the Northwest High Intensity Drug
Ordinance No. 6613
July 26, 2016
Page 2 of 20ORD.D Page 59 of 104
Trafficking Area, a division of the Office of National Drug Control Policy,
Ordinance No. 6595 protects public health, safety and welfare by minimizing
societal effects of marijuana, including a 122% increase in fatality motor vehicle
accidents involving the use of marijuana between 2010 and 2014 and a 312%
increase in contacts to the Washington Poison Center for intoxication calls
pertaining to youth consumption of marijuana, and other increases on demands
for public services such as fire and police presence; and
WHEREAS, despite the City's transmittal of Ordinance No. 6595 to the
WSCLB, the WSLCB has continued to process and issue licenses to marijuana
retailers within the City of Auburn pursuant to SB 5052; and
WHEREAS, the City of Auburn has been forced to expend significant
resources to enforce Resolution No. 5194, Resolution No. 5215 and Ordinance
No. 6595, due to WSLCB's continued issuance of marijuana retailer licenses
pursuant to SB 5052; and
WHEREAS, the City desires to provide greater clarity as to permitted and
prohibited marijuana retailers within the City of Auburn, avoid onerous
enforcement proceedings, improve voluntary compliance with local laws
pertaining to marijuana activities, facilitate improved cooperation with the
WSLCB, and protect the public health, safety and welfare while remaining
cognizant of the approval of 1-502 by voters within the City of Auburn; and
WHEREAS, the incorporation of marijuana retailers into the City's
business licensing requirements will provide greater clarity, consistency,
predictability and uniformity that will benefit Auburn businesses and residents;
and
WHEREAS, in a public hearing on February 16, 2016, and in comment to
City elected officials, including social media posts, Auburn residents have not
expressed objection to, or concern over, licensed marijuana processors or
producers operating within the City of Auburn; and
WHEREAS, the revisions to state requirements for marijuana processors
and producers included in SB 5052 were minimal and have not resulted in a
Ordinance No. 6613
July 26, 2016
Page 3 of 20ORD.D Page 60 of 104
noticeable increase in police and fire calls within the City of Auburn; and
WHEREAS, marijuana processors and producers are not accessed by the
general public and, consequently, result in impacts to the surrounding community
that are different than the impacts created by marijuana retailers and are properly
addressed through development and consideration of zoning provisions, as is
evidenced in other cities in Washington, including Vancouver and Spokane
Valley; and
WHEREAS, the Planning Commission of the City of Auburn has held and
conducted various public meetings and workshops to address marijuana
production, processing, and retailing, and subsequent zoning requirements for
licensed marijuana processors and producers is expected; and
WHEREAS, the WSLCB continues to license marijuana processors and
producers within the City of Auburn; and
WHEREAS, the incorporation of marijuana processors and producers into
the city's business licensing requirements will provide greater clarity,
consistency, predictability and uniformity that will benefit Auburn businesses and
residents; and
WHEREAS, the City desires to better align the regulation of licensed
marijuana processors and producers with the expressed preference of its
residents, improve voluntary compliance with local laws pertaining to marijuana
activities, facilitate improved cooperation with the WSLCB and protect the public
health, safety and welfare while remaining cognizant of the approval of 1-502 by
voters within the City of Auburn; and
WHEREAS, issues related to the schedule I classification of marijuana in
the Controlled Substances Act of 1970 and clinical and trial research on
marijuana's potential therapeutic effects warrant review of how or whether this
should be addressed in the Auburn City Code; and
WHEREAS, existing marijuana retailers, approved and licensed under I-
502, within the City as well as others within neighboring communities can provide
adequate access to marijuana for medicinal purposes; and
Ordinance No. 6613
July 26, 2016
Page 4 of 20ORD.D Page 61 of 104
WHEREAS, Article XI, Section 11 of the Washington State Constitution
provides that any city may make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws; and
WHEREAS, the City has all powers possible under the Constitution and
not specifically denied to it; and
WHEREAS, the Washington Attorney General, through Opinion 2014-02,
has advised that 1-502 left in place the normal powers of local governments to
regulate marijuana related businesses within their jurisdictions; and
WHEREAS, the Washington Supreme Court also upheld city authority to
prohibit medical marijuana related land uses within their jurisdictions in Cannabis
Action Coalition v. City of Kent; and
WHEREAS, the City's right to exact license fees through business
licensing requirements has been upheld by the Washington Supreme Court in
Diamond Parking, Inc. v. City of Seattle, City of Port Angeles v. Hadsell, and
World Wide Video, Inc. v. City of Tukwila; and
WHEREAS, ACC 5.10.040(A) requires any person desiring to establish
or undertake any activity, occupation, trade, putsuit, profession or other matter
with a physical presence in the City, whether operated with the object of profit or
operated not for profit, to first apply for, and obtain a business license; and
WHEREAS, the City code does not currently include business licensing
requirements for marijuana related businesses; and
WHEREAS, amendment of the City code to provide business licensing
requirements for marijuana related businesses will improve voluntary compliance
with local laws pertaining to marijuana activities, facilitate improved cooperation
with the WSLCB and protect the public health, safety and welfare while
remaining cognizant of the approval of 1-502 by voters within the City of Auburn;
and
WHEREAS, the Auburn City Code does not currently have specific
provisions addressing the number of statutorily permitted marijuana provisions
and/or uses; and
Ordinance No. 6613
July 26, 2016
Page 5 of 20ORD.D Page 62 of 104
WHEREAS, the provisions for marijuana cooperatives, marijuana
researchers and marijuana transporters contained within SB 5052 go into effect
July, 2016; and
WHEREAS, marijuana cooperatives, marijuana researchers and
marijuana transporters are not explicitly addressed by current code provisions;
and
WHEREAS, the impacts and effects of marijuana cooperatives, marijuana
researchers and marijuana transporters on Auburn and the Auburn community
are unknown and deserving of study and review; and
WHEREAS, the inclusion of the prohibition of marijuana cooperatives,
marijuana researchers and marijuana transporters in the City's business
licensing requirements, pending review and potential amendment of the City
Code, will provide greater safety, clarity, consistency, predictability and uniformity
that will benefit Auburn businesses and residents; and
WHEREAS it would be advantageous for the City of Auburn to have a
thorough review made of the impacts and effects of marijuana cooperatives,
marijuana researchers and marijuana transporters; and
WHEREAS, Sections 35A.63.220 and 36.70A.390 of the Revised Code
of Washington ( RCW) authorize the City Council to adopt an immediate
moratorium for a period of up to twelve (12) months if a public hearing on the
proposal is held within at least sixty (60) days of its adoption and a work plan
is developed for related studies providing for the moratorium period; and
WHEREAS, the City Council desires to impose a moratorium for an
initial term of twelve (12) months on the acceptance and/or processing of any
permit or applications, for or related to any marijuana related activities,
including, but not limited to, licensing, permitting, siting, making structural or
building improvements, or operating any new marijuana activities; and any
other marijuana uses or activities that are not expressly provided by the City
Code regulations addressed herein; and
Ordinance No. 6613
July 26, 2016
Page 6 of 20ORD.D Page 63 of 104
WHEREAS, the City Council anticipates that it can develop and adopt
appropriate controls for marijuana retail facilities prior to the expiration of the
moratorium enacted hereby; and
WHEREAS it would be advantageous for the City of Auburn to have a
thorough review made of the alternatives and options available to it for
regulation of marijuana related uses and activities; and
WHEREAS, in the event permanent regulations are adopted prior to
the expiration of the twelve (12) month moratorium established by this
Ordinance this Ordinance may be repealed, terminating the moratorium.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. That the City Council hereby adopts the
recitals contained in this Ordinance as Findings of Facts and Conclusions, as
appropriate given the context of each recital and incorporates said recitals herein
by this reference.
Section 2. Replacement of Prior Ordinance.That this Ordinance
replaces and supersedes Ordinance No. 6595.
Section 3. Creating a New Section of the City Code. That a new
Section, 5.20.250, of the Auburn City Code is hereby created to read as follows:
5.20.250 Marijuana Related Activities.
A. Definitions,
1. "Marijuana cooperative" means up to four qualifying patients, as
defined by RCW 69.51A.010(19), who share responsibility for acquiring and
supplying the resources needed to produce and process marijuana, including
tetrahydrocannabinols or cannabimimetic agents, only for the medical use of
members of the cooperative and not for profit. At least until a thorough review of
land use and code enforcement issues by the planning commission and the city
council, and possible amendment to the city code, marijuana cooperatives shall
not be permitted within the city of Auburn .
2. "Marijuana related business" means a person or entity engaged in
Ordinance No. 6613
July 26, 2016
Page 7 of 20ORD.D Page 64 of 104
for-profit activity that includes the possession, cultivation, production, processing,
distribution, dispensation, or sale of tetrahydrocannabinols or cannabimimetic
agents, as defined by the controlled substances act, codified at 21 U.S.C. § 812,
including marijuana retailers, marijuana processors, and marijuana producers, as
defined herein.
a. "Marijuana processor" means any person or entity licensed by the
Washington state liquor and cannabis board to process, package, and label
marijuana concentrates, including tetrahydrocannabinols or cannabimimetic
agents, in accordance with the provisions of RCW chapters 65.50 and 69.51a
and WAC chapter 314-55.
b. "Marijuana producer" means any person or entity licensed by the
Washington state liquor and cannabis board to produce marijuana, including
tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana
processors and other marijuana producers pursuant to RCW 69.50.325.
c.Marijuana retailer" means any person or entity established for the
purpose of making marijuana concentrates, usable marijuana and marijuana-
infused products, including tetrahydrocannabinols or cannabimimetic agents,
available for sale to adults aged twenty-one and over.
d. "Marijuana researcher" is a position licensed by the Washington
state liquor and cannabis board that permits a licensee to produce, process, and
possess marijuana for the limited research purposes set forth in RCW 69.50.372.
at least until a thorough review of land use and code enforcement issues by the
planning commission and the city council, and possible amendment to the city
code, marijuana researcher businesses shall not be permitted within the city of
Auburn.
e. "Marijuana transporter" is a position licensed by the Washington
state liquor and cannabis board pursuant to WAC 314-55-310 that allows a
licensee to physically transport or deliver marijuana, marijuana concentrates, and
marijuana-infused products between licensed marijuana businesses within
Washington state. at least until a thorough review of land use and code
enforcement issues by the planning commission and the city council, and
possible amendment to the city code, marijuana transporter businesses shall not
be permitted within the city of Auburn.
B. License application — qualification — requirements to apply. in
addition to the information required to be included with an application form
pursuant to ACC 5.10.040(a), an application for a license for marijuana related
business shall also include:
1. License — each application for a marijuana related business shall
be accompanied by a current, valid license to operate as a marijuana producer or
marijuana processor issued by the Washington state liquor and cannabis board,
or a current, valid license to operate as a marijuana retailer awarded by the
Washington state liquor and cannabis board on the basis of 1-502 lottery
selection. even if permitted or licensed by and/or registered with the Washington
state liquor and cannabis board, marijuana cooperatives, marijuana researchers
Ordinance No. 6613
July 26, 2016
Page 8 of 20ORD.D Page 65 of 104
and marijuana transporters are not qualified or entitled to operate within the city
of Auburn or to apply for a permit or business license within the city of Auburn.1
a. The maximum number of licensed marijuana retailers authorized
and allowed to operate in the city of Auburn shall not exceed two (2), provided
that a marijuana retailer licensed by the Washington state liquor and cannabis
board may be allowed to operate within the city even if it constitutes more than
two (2) such businesses, if :
1) the business was engaged in lawfully licensed business at a time
when the city did not have a moratorium or a ban prohibiting such
activity,
or
2) the business applied to the city for permits or approvals patently
related to its intended marijuana retailers business at a time when
the city did not have a moratorium or a ban prohibiting such activity,
and
3) the business operation is at a location approved by the city.
It is further provided, that if any such licensed marijuana retail business ceases to
operate within the city, the number of authorized marijuana retail businesses
would be reduced to a number not exceeding two (2).
For the purposes hereof, the mayor or designee shall be authorized to determine
whether a marijuana retailer was engaged in lawfully licensed business at a time
when the city did not have a moratorium or a ban prohibiting such activity, or the
whether such business applied to the city for permits or approvals related to its
intended business operations at a time when the city did not have a moratorium
or a ban prohibiting such activity
b. Any marijuana producer or marijuana processors operating within
the city (i) shall strictly comply with all industrial, health and safety codes,
including but not limited to section 314.55.104 WAC and section 69.50.348 RCW,
and (ii) shall have at least 4,000 square feet of building utilized for its individual
business, and the total square feet of all marijuana producers and processor in
the city shall not exceed 90,000 square feet of building space; provided that any
such business that was licensed and existing prior to August 1, 2016, that did not
have at least 4,000 square feet of building utilized for its individual business may
continue operating at its current location even though it did not have at least
4,000 square feet of building utilized for its individual business.
2. Security requirements — each application for a marijuana related
business shall be accompanied by documentation of compliance with the security
requirements of WAC 314-55-083 (2) and (3).
3.Fingerprints — Each application for a marijuana related business or
1 See Section 5.20.250 ACC.
Ordinance No. 6613
July 26, 2016
Page 9 of 20ORD.D Page 66 of 104
renewal shall be accompanied by a complete set of fingerprints of all managers
and owners of the business, utilizing fingerprint forms as prescribed by the chief
of police.
C. License regulations.
1. Access by city officials — all city officials shall have free access to
marijuana related businesses licensed under the provisions of this chapter for the
purposes of inspecting and enforcing compliance with the provisions of this
chapter.
2.Entry prohibitions for certain person — It is unlawful for the owner,
proprietor, manager, or person in charge of any marijuana related business
licensed under the provisions of this chapter, or for any employee of said place,
to allow entry or admission to any person under the age of 21 years of age, any
lewd or dissolute person, any drunken or boisterous person, or any person under
the influence of any intoxicant.
3.Law enforcement officers entry right — It is unlawful for the owner,
proprietor, manager or person in charge of any marijuana related business
licensed under the provisions of this chapter to refuse admission to any peace
officer of the city or of the state, or any officer of the united states government
charged with the duty of enforcing the police laws of the united states. said
officers shall have free access at all times to any marijuana related businesses
licensed under the provisions of this chapter.
4. Operation regulations — All marijuana, including
tetrahydrocannabinols or cannabimimetic agents, equipment and all cultivation,
processing, production, storage or sales shall be conducted entirely inside
buildings. any perimeter fencing intended for security purposes shall meet the
requirements of the city of Auburn and of the state of Washington applicable
thereto.
5. State statute compliance — All marijuana related businesses
licensed under the provisions of this chapter shall also comply with RCW
chapters 69.50 and 69.51A, and WAC chapter 314-55, as applicable.
Section 4. Amendment to City Code. That section 1.04.060 of
the Auburn City Code is hereby amended as follows:
1.04.060 Conflict of ordinances with state or federal law.
A. All ordinances and city code provisions, and regulations therein, shall
not be in conflict with all other regulations and/or requirements of state and
federal law, insofar as not permitting or allowing any action, use or conduct which
is in violation of or prohibited by any state or federal laws, regulations or codes.
Any such provisions that cannot be implemented or enforced because of
provisions of state or federal law, or that cannot be reconciled with any state or
federal law, shall be deemed to be in conflict therewith. Any provisions of city
ordinances or of the city code deemed by the city council to be in conflict with
Ordinance No. 6613
July 26, 2016
Page 10 of 20ORD.D Page 67 of 104
state or federal law shall be null and void. The provisions of this section do not
allow any action, use or conduct which is in violation of any local, state or federal
laws, regulations, codes and/or ordinances, .and the city is not authorized to
permit, or license such action, use or conduct.
B. Any action, use or conduct which is not permitted or allowed is
prohibited. It is provided, how-
apply to any person or persons who has/have a valid, lawful licence issued by
the state of Washington to produce, p a-- e - - - - -, marijuana
concentrates, usable marijuana and/or marijuana infused products and is acting
in full confe •• e • -•• -• e e - • - - elated to such
liter-sc pursuant-to-ROA/ 60.50.301 through 69.50.369, an
through 311 55 540. In such instances, the state of Washington, not the city, is
e . ted, however, that this provision
does not preclude-the-pity-from taking enforcement-action in instances-where
Auburn-butis n t-in-compliance--with or violates the requirements of such statc
licensing
g
or permitting. For the purposes of this section only, the provisions of
ROW--60.5n 325 thr n- _ •,- e.-_ _ et ' ' - - ' - - - - - - - - d-5acg
arc hereby adopted by referencc and incorporated herein.
C. Except as provided by ACC 5.20.250 and 9.22.010, no action, activity,
business or enterprise shall be allowed or permitted to be conducted within the
city of Auburn that is in violation of state or federal law. (Ord. 6525 § 2, 2014;
Ord. 6416 § 3, 2012.)
Section 5. Amendment to City Code. That section 1.25.010 of
the Auburn City Code is hereby amended as follows:
1.25.010 Purpose.
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
court of limited jurisdiction authorized to hear cases of the city as assigned in the
Ordinance No. 6613
July 26, 2016
Page 11 of 20ORD.D Page 68 of 104
ACC or as otherwise provided by law. (Ord. 6429 § 1, 2012; 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 6. Amendment to City Code. That section 5.20.030 of
the Auburn City Code is hereby amended as follows:
5.20.030 License required — Fee — Term — Notices — Exemptions.
A. It is unlawful for any person, firm or corporation to engage in any
business as provided in this chapter within the city limits without first obtaining a
license pursuant to the provisions of this chapter.
B. The fee licensing under the provisions of this chapter shall be as
follows:
Type Fee Term
Initial Renewal
Ambulance Services License
Business No Fee No Fee 1/1 — 12/31
Attendant No Fee No Fee 1/1 — 12/31
Amusement Device License
1 to 4 40.00 20.00 1/1 — 12/31
5 or more 70.00 20.00 1/1 — 12/31
Auto Races License 70.00 20.00 1/1 — 12/31
Cabaret License 50.00 20.00 1/1 — 12/31
Carnivals, Circuses, Shows, etc., Licenses
Carnival/circus 70.00 20.00 1/1 — 12/31
Theater 70.00 20.00 1/1 — 12/31
Show/exhibition 70.00 20.00 1/1 — 12/31
Public amusement 70.00 20.00 1/1 — 12/31
Dance License 50.00 20.00 1/1 — 12/31
Fire Extinguisher
Without testing 30.00 20.00 1/1 — 12/31
With testing 45.00 20.00 1/1 — 12/31
Fireworks Stands License 70.00 20.00 Noon 6/28
to Noon 7/6
Regulation of fireworks stands under Chapter 8.24 ACC)
Massage Business, Health Salon, Public Bathhouse License
Business 85.00 20.00 1/1 — 12/31
Ordinance No. 6613
July 26, 2016
Page 12 of 20ORD.D Page 69 of 104
Type Fee Term
Initial Renewal
Attendant 85.00 20.00 1/1 — 12/31
Merchant Patrol, Private Detective License
Merchant patrol agency 55.00 20.00 1/1 — 12/31
Patrolman 55.00 20.00 1/1 — 12/31
Detective agency 55.00 20.00 1/1 — 12/31
Detective 55.00 20.00 1/1 — 12/31
Motor Vehicle Wreckers License 70.00 20.00 1/1 — 12/31
Outdoor Musical Entertainment License
85.00/Event 1/1 — 12/31
Pawnbrokers/Secondhand Dealers License
40.00 20.00 1/1 — 12/31
Solicitor License
Master 40.00 20.00 1/1 — 12/31
Agent 40.00 20.00 1/1 — 12/31
Individual 40.00 20.00 1/1 — 12/31
Taxicab License — Requires King County license only to operate in Auburn
Tow Truck Business License
Business 60.00 20.00 1/1 — 12/31
Driver 40.00 20.00 1/1 — 12/31
Marijuana Related Businesses 500.00 500.00 1/1 — 12/31
Provided, that for the 2010 calendar year only, the renewal fee for
business licenses for the period July 1, 2010, to December 31, 2010, shall be
one-half of the specified renewal fees.
C. A duplicate license shall be issued by the business license clerk, as
designated by the mayor, to replace any license previously issued which has
been lost, stolen, defaced or destroyed, upon the filing of an affidavit attesting to
such fact and the paying to the business license clerk of a fee of $1.00.
D. Any notice required by this chapter to be mailed to any licensee shall
be sent by ordinary mail, addressed to the address of the licensee shown by the
records of the business license clerk or, if no such address is shown, to such
address as the business license clerk is able to ascertain by reasonable effort.
Failure of the licensee to receive such mailed notice shall not release the
licensee from any fee or penalties thereon, nor shall such failure operate to
extend any time limit set by the provisions of this chapter.
E. This section grants an exemption from paying a fee for any licenses
required under the provisions of this chapter to bona fide nonprofit, charitable,
religious, or philanthropic persons or organizations.
Ordinance No. 6613
July 26, 2016
Page 13 of 20ORD.D Page 70 of 104
1. Any person or organization claiming the exemptions of this section shall
file with the business license clerk an affidavit setting forth facts sufficient to show
the application of this section and the right to such exemption.
2. Persons or organizations required to be licensed by the state of
Washington, wherein the state has preempted the field of endeavor of any such
persons or organizations, shall not be required to obtain a license from the city
under the provisions of this title; provided however, any such persons or
organizations doing business within the city limits of the city shall carry the state
license on his or her person at all times when doing business within the city, and
shall exhibit such state license whenever he or she is requested to do so by any
police officer or any person who asks to see the same.
F. For the 2010 calendar y ar only, individual license renewals shall be
vat's e -- es - a !, e ! - -mber 31, 2010, subject to the payment
of one half of the specified renewal fee. For the 2011 calendar year and
subsequent calendar y ars, individual license renewals shall be for the period
January 1st thco ^"h December 3 (Ord. 6309 § 4, 2010; Ord. 5897 § 7, 2005;
Ord. 4012 § 2, 1984.)
Section 7. Amendment to City Code.. That section 5.20.050 of
the Auburn City Code is hereby amended as follows:
5.20.050 License application —Approval or disapproval procedure.
The business license staff person shall collect all license fees and shall
issue licenses in the name of the city to all persons qualified under the provisions
of this chapter and shall:
A. Adopt all forms and prescribe the information required to implement this
chapter;
B. Submit all applications, to department heads as listed below for their
endorsements as to compliance by applicant with all city regulations which they
have the duty of enforcing:
1. Ambulance services license: Valley Regional Fire Authority and police
department;
2. Amusement device license: police (four or under) and community
development and public works and police (five or more);
3. Auto races license: Valley Regional Fire Authority, community
development and public works, , and police departments;
4. Cabaret licenses: Valley Regional Fire Authority and police
departments;
5. Carnivals, circuses, shows, etc., licenses: Valley Regional Fire
Authority, community development and public works, and police departments;
6. Dance licenses: Valley Regional Fire Authority and police department;
7. Fire extinguisher service licenses: Valley Regional Fire Authority;
8. Massage business, health salon, etc., licenses: community
Ordinance No. 6613
July 26, 2016
Page 14 of 20ORD.D Page 71 of 104
development and public works, police departments and appropriate County
health department;
9. Merchant patrol and private detective licenses: police department;
10. Motor vehicle wreckers licenses: community development and public
works and police departments and Valley Regional Fire Authority;
11. Outdoor musical entertainment licenses: community development and
public works and police departments and Valley Regional Fire Authority;
12. Pawnbrokers/secondhand dealers licenses: police department;
13. Solicitor license: police department;
14. Tow truck business license: Valley Regional Fire Authority, community
development and public works and police departments;
15. Marijuana related business license: community development and
public works, police and utilities departments, and Valley Regional Fire Authority.
C. Notify any applicant of the acceptance or rejection of his/her application
and shall, upon denial of any license state in writing the reasons therefor, the
process for appeal and deliver them to the.applicant.
D. Deny any application for license upon written findings that the granting
would be detrimental to the public peace, health or welfare:
1. Whenever any such license is denied the applicant may within 15
calendar days from date of action, file written notice of appeal to the city's
director of community development and public works. Action of the city's director
of community development and public works may be appealed 15 calendar days
from date of action to the hearing examiner, and action of the hearing examiner
shall be conclusive and not subject to review.
2. When the issuance is denied and any action instituted by the applicant
to compel its issuance, such applicant shall not engage in the business for which
the license was refused unless a license is issued pursuant to a judgment
ordering the same. (Ord. 6532 § 7, 2014; Ord. 5897 § 9, 2005; Ord. 4012 § 2,
1984.)
Section 8. Amendment to City Code. That section 9.22.030 of
the Auburn City Code is hereby amended as follows:
9.22.030 Drug paraphernalia — Definitions.
Except as authorized under United States Code (USC) Title 21: the
Controlled Substances Act, and except as authorized by the Revised Code of
Washington under RCW 69.50.301 through 69.50.369, as As—used in this
chapter, "drug paraphernalia" means all equipment, products, and materials of
any kind Which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
Ordinance No. 6613
July 26, 2016
Page 15 of 20ORD.D Page 72 of 104
smoking, or otherwise introducing into the human body a controlled substance. It
includes, but is not limited to:
A. Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of plant which is a
controlled substance or from which a controlled substance can be derived;
B. Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
C. Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance;
D. Testing equipment used, intended for use or designed for use in
identifying or in analyzing the strength, effectiveness or purity of controlled
substances;
E. Scales and balances used, intended for use or designed for use in
weighing or measuring controlled substances;
F. Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed for use in
cutting controlled substances;
G. Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or in otherwise cleaning or refining,
marijuana;
H. Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances;
J.Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances;
K. Hypodermic syringes, needles and other objects used, intended for
use or designed for use in parenterally injecting controlled substances into the
human body;
L. A device "designed primarily for" such smoking or ingestion set
forth in this section is a device which has been fabricated, constructed, altered,
adjusted or marked especially for use in the smoking, ingestion or consumption
of marijuana, hashish, hashish oil, cocaine or any other "controlled substance,"
and is peculiarly adapted to such purposes by virtue of a distinctive feature or
combination of features associated with drug paraphernalia, notwithstanding the
fact that it might also be possible to use such device for some other purpose.
Paraphernalia includes, but is not limited to, the following items or devices:
1.Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes;
3.Carburetion tubes and devices;
4. Smoking and carburetion masks;
Ordinance No. 6613
July 26, 2016
Page 16 of 20ORD.D Page 73 of 104
5.Roach clips, meaning objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to be held in the
hand;
6.Miniature cocaine spoons and cocaine vials;
7. Chamber pipes;
8.Carburetor pipes;
9. A smokable pipe which contains a heating unit, whether the device
is known as an "electric pipe" or otherwise;
10. Air-driven pipes;
11. Chillums;
12. A device constructed so as to prevent the escape of smoke into the
air and to channel smoke into a chamber where it may be accumulated to permit
inhalation or ingestion of larger quantities of smoke than would otherwise be
possible, whether the device is known as a "bong" or otherwise;
13. A device constructed so as to permit the simultaneous mixing and
ingestion of smoke and nitrous oxide or other compressed gas, whether the
device is known as a "buzz bomb" or otherwise;
14. A canister, container or other device with a tube, nozzle or other
similar arrangement attached thereto so constructed as to permit the forcing of
smoke accumulated therein into the user's lungs under pressure, whether the
device is known as a "power hitter" or otherwise;
15. A device for holding a marijuana cigarette, whether the device is
known as a "roach clip" or otherwise;
16. A spoon for ingestion of a controlled substance through the nose;
17. A straw or tube for ingestion of a controlled substance through the
nose or mouth;
18. A smokable pipe constructed with a receptacle or container in
which water or other liquid may be placed into which smoke passes and is cooled
in the process of being inhaled or ingested;
19. Ice pipes or chillers. (Ord. 6300 § 1, 2010.)
Section 9. Moratorium. Pursuant to the provisions of sections
35A.63.220 and 36.70A.390 RCW, the moratorium established by this Ordinance
prohibits the acceptance or processing of any permits or applications, for or
related to any marijuana related activities, including, but not limited to, licensing,
permitting, siting, making structural or building improvements for such an activity,
or operating any new marijuana activities; and any other marijuana uses or
activities that are not expressly provided by the City Code regulations addressed
Ordinance No. 6613
July 26, 2016
Page 17 of 20ORD.D Page 74 of 104
herein.
Section 10. Term of Moratorium. The moratorium imposed by this
Ordinance shall become effective on the effective date hereof, and shall continue
in effect for an initial period of one year, unless repealed, extended or modified
by the City Council after subsequent public hearing(s) and entry of appropriate
findings of fact pursuant to RCW 35A.63.220, provided that the moratorium shall
automatically expire upon the effective date of zoning and land use regulations
adopted by the City Council to address the implementation of the State's
licensing of any marijuana/cannabis related business to be located in the City of
Auburn.
Section 11. Work Plan. The following work plan is adopted to address
the issues involving marijuana/cannabis related business regulations:
A. The City of Auburn Planning Commission shall be authorized
and directed to hold public hearings and public meetings to fully receive
and consider statements, testimony, positions and other documentation or
evidence related to the issue of marijuana/cannabis related businesses,
including, but not limited to, regulations related to the number of allowed
retail businesses, and including but not limited to marijuana cooperatives,
marijuana researchers and marijuana transporters.
B. The Planning Commission and City staff are authorized and
directed to review the experiences of other jurisdictions, the status of legal
cases, and statistical data, information, studies and other evidence
compiled by other municipalities, of adverse impacts of such
marijuana/cannabis related businesses, and to review State and Federal
law and regulations and the regulations, ordinances and codes adopted
and implemented by other municipalities to address marijuana/cannabis
related business land uses, and any other information that is pertinent to
consideration of marijuana/cannabis related businesses, including, but not
limited to, regulations related to the number of allowed retail businesses.
C. The City of Auburn Planning Commission shall work with
City staff and the citizenry of the City to develop proposals for regulation of
marijuana/cannabis related business land uses and zoning considerations,
Ordinance No. 6613
July 26, 2016
Page 18 of 20ORD.D Page 75 of 104
to be forwarded in their recommendations to the City Council for inclusion
in ordinances and ultimate adoption as a part of the City Code of the City
of Auburn, including regulations related to the number of allowed retail
businesses.
D. The Mayor, in consultation with the City Attorney,
Community Development and Public Works Director, the Police Chief, the
Human Resources and Risk Management Director and other staff, shall
periodically advise and report to the City Council as to the status of
hearings, meetings and information development regarding activities of
the Planning Commission and City staff relative to the evaluation,
consideration and development of regulations concerning
marijuana/cannabis related land uses, including, but not limited to,
regulations related to the number of allowed retail businesses, with such
reports to be scheduled approximately every six (6) months or as
appropriate throughout the period of the moratorium and any extensions
thereof, until adoption of a comprehensive ordinance as developed,
relating to marijuana/cannabis related business land uses becoming
effective in conjunction with the termination of the moratorium referred to
in this Ordinance.
Section 12. Public Hearing. A public hearing shall be scheduled for
7:00 p.m. or as soon thereafter as the matter may be heard, on the 19th day of
September, 2016, in City Council Chambers, 25 West Main Street, Auburn,
Washington 98001, to hear and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 13. Ordinance to be Transmitted to State. Pursuant to
RCW 36.70A.106, a copy of this Ordinance shall be transmitted to the
Washington State Department of Commerce. A copy of this Ordinance shall also
be transmitted to the Washington State Liquor and Cannabis Board.
Section 14. Implementation. That the Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Ordinance No. 6613
July 26, 2016
Page 19 of 21ORD.D Page 76 of 104
Section 15. Severability. That 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 16. Effective date. This Ordinance shall be in full force and
effect five (5) days after publication, at which time the provisions of Ordinance
No. 6595 shall be superseded and replaced insofar as inconsistent herewith.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
NANCY BACKUS MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP' •VEDAS TO FORM:
AS, ‘4
g - •, City svrorney
Published:
Ordinance No. 6613
July 26, 2016
Page 20 of 20ORD.D Page 77 of 104
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6615
Date:
August 9, 2016
Department:
Community Development &
Public Works
Attachments:
Ord 6615
Budget Impact:
$0
Administrative Recommendation:
City Council to adopt Ordinance No. 6615
Background Summary:
On a periodic basis City of Auburn Code Enforcement staff bring forward to City
Council requests to adopt a resolution that authorizes abatement action to occur on
private properties where initial code enforcement actions have not been responded
to. On several occasions City Council has asked staff why Council action is required
and if there are options for expediting abatement actions and enhancing the efficiency
of the overall abatement process. Ordinance 6615 modifies seeks to modify several
chapters of Auburn City Code that are intended to both modify the City’s code
enforcement abatement procedures as well as improve several standards that pertain
to management of vegetation and vacant structures. The vegetation and vacant
structure amendments are combined with the abatement procedures because most
abatement actions are related to these two matters. While there are a number of code
changes proposed, the following list is provided that highlights and summarizes the
effect of the overall package of amendments:
1. Simplification of the methods to notify a property owner of a violation.
2. Establishing a higher burden on the City for notifying a property owner of a potential
abatement action.
3. Establishing that an enforcement lien placed on property shall be of equal rank with
state, county and municipal taxes.
4. Clarify that it is a violation to allow solid waste to remain uncontained on private
property.
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 78 of 104
5. Declare that a violation of City Code constitutes a public nuisance. This allows
abatement authority and procedures to apply to any violation of City Code.
6. Establish an administrative process for abatement of public nuisances and
vegetation violations. The process identifies the authority under which abatement
action can occur, the method of serving a property owner notice of the City’s intent to
abate, an appeal process that utilizes the existing Hearing Examiner process,
authority for the City to seek cost recovery, and the range of costs that may be
recouped (including administrative costs incurred as a result of inspections,
preparation of notices, contracts for performing the abatement, filing fees, legal fees,
etc.).
7. The abatement process described in the amendments to Chapter 8.12 are then
repeated in Chapter 8.20.
8. Clarification in Chapter 12.36 that it is the responsibility of an abutting landowner to
maintain the vegetation that is located in the landscape strips that are within the right
of way.
9. Creation of a new chapter in the City building code – Chapter 15.20 – which
elaborates on certain provisions of the International Property Maintenance Code
(IPMC). The IPMC is already adopted by the City of Auburn however there are
provisions of the Auburn City Code that should be used instead of what is stated in the
IPMC. For example, the IPMC establishes an appeal process that is different than the
City’s appeal process. The draft amendments seek to clarify that the City procedures
are to be used instead of the IPMC procedures.
10. The draft amendments also seek to modify the IPMC “boarding” standard which
allows the windows and doors on vacant structures to be boarded for up to one
year. The draft amendments limit boarding to 30 days when a product such as
plywood is used and allows up to one year if a clear product is used. This is included
because wood presents an image of blight and it precludes law enforcement from
being able to see inside of a vacant structure that is harboring nefarious activity. Clear
products mitigate these problems.
11. The draft amendments include a vacant property registration program that
requires the owners of vacant property to inform and register their property with the
City. The registration process allows the City to understand who is responsible for
addressing issues that occur at the property and it establishes requirements for how
the property is to be managed while it is vacant. The registration program exempts
properties that are rental homes (that have a valid business license) and residences
that are used part time.
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 79 of 104
City Council discussed the draft amendments during their August 8, 2016 Study
Session and authorized Ordinance 6615 to move forward for Council action.
Reviewed by Council Committees:
Other: Legal and Planning
Councilmember: Staff:Snyder
Meeting Date:August 15, 2016 Item Number:ORD.E
AUBURN * MORE THAN YOU IMAGINEDORD.E Page 80 of 104
ORDINANCE NO. 6 6 1 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 15.20 OF THE AUBURN CITY CODE
PROPERTY MAINTENANCE CODE], AND NEW
SECTIONS 8.12.100, 8.20.060, 8.20.070, OF THE CITY
CODE AND AMENDING SECTIONS 1.25.030, 1.25.050,
1.25.065, 8.08.080, 8.12.020, 8.12.070, 8.12.080,
8.12.090, 8.20.030, 8.20.040, 8.20.050, 12.36.050 AND
15.06.010 OF THE AUBURN CITY CODE AND
REPEALING SECTION 1.25.070 OF THE AUBURN CITY
CODE RELATING TO NUISANCE ABATEMENT
WHEREAS, the current provisions of the Auburn city code include strategies and
methodologies for abating certain types of nuisances; and
WHEREAS, because there are different types of nuisances that need to be
considered in abatement actions, as well as different approaches that work better for
some nuisances than others, a review of these factors has been made to consolidate
abatement approaches and to assist the city in the ability to effectively abate nuisances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 15.20 of the Auburn
City Code be and the same hereby is created to read as follows:
Chapter 15.20
Property Maintenance Code
Sections:
15.20.010 Adoption of International Property Maintenance Code.
15.20.020 Appendices adopted.
15.20.030 Section 103 amended — Department of property maintenance
inspection
15.20.040 Section 107 amended — Notices and orders
15.20.050 Section 110 amended — Demolition
15.20.060 Section 111 amended — Means of appeal
15.20.070 Section 112 amended — Stop work order
15.20.010 Adoption of International Property Maintenance Code.
The 2015 International Property Maintenance Code is adopted as the property
maintenance code of the city; provided, that the amendments, deletions and additions
Ord. No. 6615
August 15, 2016
Page 1
ORD.E Page 81 of 104
thereto as provided in this chapter shall govern over the published provisions of the
International Property Maintenance Code.' A copy of the International Property
Maintenance Code shall be on file in the office of the city clerk.
15.20.020 Appendices adopted.
International Property Maintenance Code Appendix Chapter A, Boarding
Standard, is hereby adopted. A copy of the International Property Maintenance Code
Appendix Chapter A, Boarding Standard, shall be on file in the office of the city clerk.
15.20.030 Section 103.1 amended
Section 103.1 of the International Property Maintenance Code is amended to read
as follows:
103.1 CcneralDepartment of property maintenance inspection. The department of
community development and public works is responsible for implementation and
enforcement of the International Property Maintenance Codeprepecty
maintenance inspection is hereby created and the executive official in charge
thereof shall be known as the code official.
15.20.040 Sections 107.2 and 107.3 amended
Sections 107.2 and 107.3 of the International Property Maintenance Code are
amended to read as follows:
107.2 FormNotices and orders. Such notice prescribed in Section 107.1 shall be
in accordance with the provisions of Chapter 1.25 regarding the form of noticesa l
of the following:
1 . Bc in Writing.
2, Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is
being issued.
4. Include a correction order allowing a r asonable time to make the repairs
with the provisions of this code.
5. Inform the property owner or owners's authorized agent of the right-te
app al.
6. Include a statement of the right to file a lien in accordance with Section}
106.3.
107.3 Method of service. Such nNotices shall be deemed to be property served if
delivered in accordance with the provisions of Chapter 1.25 regarding the method
of services of noticesa copy thereof is:
1 For the purposes hereof, where the International Property Maintenance Code references the code official, that
shall refer to and be construed to mean the building official as used in the city code. Unless the context clearly
indicates otherwise,the terms"code official"and "building official"shall be synonymous.
Ord. No. 6615
August 15, 2016
Page 2
ORD.E Page 82 of 104
1. Delivered personally;
2. Sent by certified or first class mail addrez&zcd to the last known address;
of
3. If the notice is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure affected
by such noticc.
15.20.050 Section 110 amended — Demolition.
International Property Maintenance Code Section 110.1 is amended to read as
follows:
Section 110.1 General. The code official shall order the owner or owner's
authorized agent of any premises upon Which is located any structure, which in the
code official's or owner's authorized agent judgment after review is so deteriorated
or dilapidated or has become so out of repair as to be dangerous, unsafe,
insanitary or otherwise unfit for human habitation or occupancy, and such that it is
unreasonable to repair the structure, to demolish and remove such structure; or if
such structure is capable of being made safe by repairs, to repair and make safe
and sanitary, or to board up and hold for future repair or to demolish and remove
at the owner's option; or where there has been a cessation of normal construction
of any structure for a period of more than two (2) years, the code official shall order
the owner or owner's authorized agent to demolish and remove such structure, or
board up Until future repair. Unless the code official determines that other
measures are appropriate based on the circumstances, Boarding boarding the
building up for future repair shall comply with appendix A and the structure shall
not extend beyond one year, unleoc approved by the building officiakemain
boarded beyond thirty (30) days, except where a non-opaque material is used that
provides the same level of security asprovidedbytherequirements of Appendix
A, the boarding may remain in place for no more than one year. Timeframe
extensions may be approved by the code official.
15.20.060 Section 111 amended — Means of appeal
Section 111 of the International Property Maintenance Code is deleted in its
entirety and is replaced with the following:
111 Means of appeal.Any person directly affected by a decision of the code official
or a notice or order issued under the international property maintenance code shall
have the right to appeal the decision, notice, or order, accept notices to correct
and the notices described in section 107. The means for appealing shall be that
provided in ACC 15.07.130, as hereafter amended.
15.20.070 Sections 112.2 and 112.4 amended — Stop Work Order.
Sections 112.2 and 112.4 of the International Property Maintenance Code are
amended to read as follows:.
Ord. No. 6615
August 15, 2016
Page 3
ORD.E Page 83 of 104
112.2 Issuance. The provisions of Auburn City Code Chapter 1.25 regarding stop
work orders shall govern the issuance of a stop work order under this codeA stop
owner's authorized agent, or to the person doing the work. Upon is..uance of a
state the r ason for the order and the conditions under which the cited work is
authetized-te-reserne.
112.4 Failure to comply. The provisions of Auburn City Code Chapter 1.25 shall
govern the enforcement of stop work orders and the penalty for failing to comply
with an order • e - • - • - -
with a stop work order except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be liable to a fine of not less than
15.20.080 Vacant property registration.
A. The Vacant Property Registration program is hereby established. All
properties shall register their property with the City as a vacant property when it is remains
vacant for more than thirty (30) days. Failure to register a vacant property shall constitute
a violation that is punishable under the terms and procedures of Chapter 1 .25. This
section shall not apply to properties that are the subject of a current rental business
license issued pursuant to ACC 5.22 or are inhabited by the property owner part-time.
B. In addition to registration, vacant properties shall be managed as follows:
1.. The property must be kept free of code violations.
2. The structure and property must remain secure from unauthorized access.
All doors and windows must be in place and remain locked. Brocken doors and windows
must be repaired or replaced consistent with all provisions of Title 15.
3. The roof, flashing, rain gutters, and down spouts must be present and
functional.
4. Exterior lighting, consistent with the requirements of this code, shall remain
functional and shall be set on a timer to provide nighttime illumination.
5. Water service shall be disconnected.
6. All vegetation shall be maintained consistent with Auburn City Code.
Additionally, shrubs, ground covers, vines, and trees must be kept trimmed and not
encroach into the public right-of-way or onto other neighboring properties.
7. The exterior appearance of all structures shall be kept clean and in good
condition, consistent with section 304 of this code. Tarps are not allowed as a means of
securing or screening damaged, degraded or moss covered roofs, doors, windows or
walls, except as a temporary measure prior to a permanent repair or replacement.
8. Appropriate winterization measures shall be taken to ensure that the
structure and property is not further degraded due to extended periods of cold and/or wet
weather.
9. Gas, electrical, and plumbing fixtures shall be maintained in a condition that
is safe and that avoids risk to public health and safety.
Ord. No. 6615
August 15, 2016
Page 4
ORD.E Page 84 of 104
10. A notice shall be placed in a visible location on the property that indicates
who the property is registered to and must include contact information for the responsible
party.
11 . The property must be registered with the City of Auburn Police Department
trespass program.
C. The provisions of this section can be applied retroactively. Vacant
properties and structures existing on the date of adoption of this section are not vested.
Section 2. New Section to City Code. That a New Section 8.12.100 of the Auburn
City Code be and the same hereby created to read as follows:
8.12.100 Summary abatement.
A. Abatement. Whenever any violation of this code poses an imminent threat to
the health, safety, or welfare of persons or property, or to the environment, the director of
the department of community development and public works, or designee, may summarily
and without prior notice order the condition abated. The city, or its agents, may enter
upon property and abate the condition to the extent necessary to remedy the immediate
threat.
Actions taken to abate imminently dangerous violations may include but are not
limited to repair, removal or demolition of the condition creating the danger and/or the
restriction from use or occupancy of the property on which the dangerous condition exists
or any other abatement action determined by the city to be necessary.
B. Notice. Whenever the director determines that summary abatement is justified
the city shall attempt to provide notice to the property owner as to the violation and the
need for immediate abatement. If the property owner cannot be located or the owner fails
to take prompt appropriate action to abate the violation, the city may proceed to take
abatement action authorized in this chapter without further notice or right to a prior
hearing.
Regardless of any prior notice, the city shall provide written notice of such
abatement to the person responsible for the violation as soon as reasonably possible
after the abatement. If the person responsible for the violation is a tenant, notice of such
abatement shall also be given to the landlord or owner of the property where the violation
is occurring. In addition to the items listed in ACC 1.25(C)(1-4), the notice shall include
the reason for the summary abatement, a description of the abatement, and the right to
appeal the city's action in the manner described for an appeal in ACC 8.12.080. The
notice shall be served according to the service requirements of ACC 8.12.080.
C. Appeal. The abatement may be appealed in the manner described in ACC
8.12.080. No right of action shall lie against the city or its agents, officers, or employees
for actions reasonably taken to prevent or cure any such immediate threats, or the failure
to take such actions.
D. Cost Recovery. The necessary and reasonable charges and costs of summary
abatement, including legal and administrative costs and charges, shall be collected
according to ACC 8.12.080, unless the property owner, tenant, or person responsible for
the violation prevails in an appeal.
Ord. No. 6615
August 15, 2016
Page 5
ORD.E Page 85 of 104
Section 3. New Section to City Code. That a New Section 8.20. 060 of the
Auburn City Code be and the same hereby created to read as follows:
8.20.060 Appeal of abatement determination
A. Request of an Appeal Notices of abatement may be appealed to the
director of the department of community development and public works within ten (10)
calendar days of the date of mailing or service. The appeal may contest the determination
that a violation exists and the reasonableness of the corrective action ordered. An appeal
shall be filed by providing a written request to and shall contain the address that is the
subject of the violation, the property owner's name, phone number, and address, and a
description of the reason(s) for contesting the abatement.
B. Notice of meeting. If an appeal is properly and timely filed, the director shall
set a meeting for a date within thirty (30) calendar days of the date the city received the
request for an appeal. The notice of hearing shall contain the file number of the case, the
date & place of the meeting, and a statement of who may participate in the appeal. The
notice shall be placed in the mail at least 10 calendar days prior to the date of the meeting
and sent to the last known address of the property owner and to the subject property.
C. Meeting. At the appeal meeting, the property owner my submit a written
document to the director or make an oral statement providing any facts and reasons
supporting the person's position . Any written document may be provided to the director
prior to the meeting date. The director may reasonably limit the extent of comments at
the meeting to facilitate the orderly and timely conduct of the meeting. A code
enforcement officer shall be present at the meeting to answer questions and the director
shall electronically record the meeting. The property owner shall have the burden of proof
by a preponderance of the evidence that a violation has not occurred at the subject
property and/or that the corrective action is unreasonable.
D. Ruling. In response to an appeal, the mayor may rescind the abatement
notice, affirm it, or may modify the notice. Additionally, the mayor may vacate or reduce
any penalties pending, or previously imposed, for any violations related to the nuisance
that is the subject of the abatement. If previously imposed penalties are vacated or
reduced, any liens for those amounts shall be released or modified accordingly as well.
E. Continuances — Communication of the Ruling. The director may continue
the meeting if he or she is unable to hear all the statements, or for other good cause. If
the meeting is continued, announcement of the new time, date and location of the next
meeting is sufficient and no further notice of the meeting need be given by the city.
After the appeal meeting, the director will issue its final determination, in writing,
within ten (10) calendar days of the meeting. The determination shall be sent by certified
mail, return receipt requested, or served, to the property owner's last known address.
F. Stay. The timely filing of an appeal shall stay the abatement during the
pendency of the appeal, but an appeal does not lift or stay a stop work order. Monetary
penalties shall accrue during the appeal period unless the appellant prevails on appeal.
In addition to ruling upon the issues presented by the appellant, the director may vacate
or reduce any penalties pending, or previously imposed, for any violations related to the
vegetation nuisance that is the subject of the abatement. If previously imposed penalties
Ord. No. 6615
August 15, 2016
Page 6
ORD.E Page 86 of 104
are vacated or reduced, any liens for those amounts shall be released or modified
accordingly.
If the examiner denies the appellant's request for relief, the appellant shall pay the
hearing fee as set forth in the city of Auburn fee schedule within 14 calendar days of the
hearing. Failure to pay the fee shall be a cost of the abatement subject to cost recovery
under this section.
Section 4. New Section to City Code. That a New Section 8.20.070 of the Auburn
City Code be and the same hereby created to read as follows:
8.20.070 No city liability for violations
It is the specific intent of this chapter to place the obligation of complying with its
requirements upon the property owner or owners and no provisions nor term used in this
chapter is intended to impose any duty whatsoever upon the City or any of its officers and
employees, for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
Nothing contained in this chapter is intended to be, nor shall be, construed to
create or form the basis for any liability on the part of the City, or its officers, employees
or agents, for any injury or damage resulting from the failure of a property owner to comply
with the provisions of this chapter, or by reason or in consequence of any inspection,
notice, order, certificate, permission or approval authorized or issued or done in
connection with the implementation or enforcement of this chapter, or by reason of any
action or inaction on the part of the City related in any manner to the enforcement of this
chapter by its officers, employees or agents.
Section 5. Amendment to City Code. That Section 1.25.030 of the Auburn City
Code be and the same hereby is amended to read as follows:
1.25.030 Notice to correct violation.
A. Authority to Issue.
1.. Whenever the code enforcement official or other authorized 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. If a notice to correct the violation has been issued, the code enforcement
official 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, in the
sole discretion of the code enforcement official or other authorized enforcement official,
or his/her designee, by the scope of violation, the history of prior violations by the same
persons and/or at the same location and method needed to correct violation. All violations,
in any event, shall be corrected expediently.
B. Receipt of Correction Notice.
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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 to
correct within the time frame set out in subsection (B)(3) of this section.
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
prior to 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, if timely
received, no later than seven calendar days from the date the request for reconsideration
was received. The code enforcement official may amend the notice (i) to correct the
notice, (ii) for good cause to allow for a longer time to correct the violation, (iii) to amend
the scope of violation, or(iv) to rescind the notice. A stay of the time allowed for correction
shall be in effect from the date that a request for reconsideration was received, if timely
received, until the date a response to the request for 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
reconsideration of 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 may
result in monetary penalties and/or other enforcement requirements; 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 by personal service
or by mailing a copy of the notice to correct violation both by regular mail and by certified
mail, postage prepaid, return receipt requested, to such person(s) at his/her last known
address. If the person's address is unknown, service shall be completed by mailing the
notice to the address of the most recent payer of the property tax for the property, as
shown in the county's records, and by posting a copy of the notice to correct violation
conspicuously on the affected property or structure.
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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 consideration of
substantial completion of the necessary correction or unforeseeable circumstances which
render completion impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a
repeat violation, the code enforcement official or other authorized enforcement official, or
his/her designee, may issue a notice of infraction regardless of whether a notice to correct
violation has been issued. For the purposes hereof, "repeat violation" means that the
same person or property has been the subject of one or more notice to correct violation
within the preceding 12 months. (Ord. 5966 § 3, 2006; Ord. 5677 § 2, 2002; Ord. 5246 §
1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Section 6. Amendment to City Code. That Section 1.25.050 of the Auburn City
Code be and the same hereby is amended to read as follows:
1.25.050 Penalties for infractions.
Unless otherwise specifically provided in connection with particular sections,
chapters or titles 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. In addition to this amount, a court of competent
jurisdiction may order a person found to have committed a civil infraction to pay restitution,
including the city's reasonable enforcement and abatement costs.
It is provided, however, that if the same violator has been found, in any court of
competent jurisdiction, to have previously committed an infraction violation for the same
or similar conduct three or more separate times, with the infraction violations occurring at
the same location and involving the same or similar sections of ACC Titles 5, 6, 8, 10, 12,
13, 15, 16, 17 or 18, or other similar code(s), any further violations shall constitute
misdemeanors, punishable as provided in ACC 1.24.010. For the purposes hereof, it shall
be prima facie evidence that the same violator has previously been found to have
committed any infraction if a certified copy of the judgment, docket or other court
document showing that such violation was found committed is filed with the court. (Ord.
5837 § 2, 2004; Ord. 5677 § 2, 2002.)
Section 7. Amendment to City Code. That Section 1.25.065 of the Auburn City
Code be and the same hereby is amended to read as follows:
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
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500.00 for the first day and $100.00 per day for each additional full day the violation
continues. Each day on which a violation or failure continues shall constitute 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 recurring daily penalty shall
commence on the date service is effective. Service by certified mail shall be effective five
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. Recurring penalties shall become effective every
24 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 penalty for
each day the violation(s) continues, and, if applicable, the conditions on which
assessment of such civil penalty is contingent.
2. A statement that the recurring 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 taxes.
C. Withdrawal. The code enforcement officer may withdraw a notice of penalty
if compliance is achieved, as determined by the officer, within 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 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 civil penalty may be appealed to the city hearing examiner
within 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 14-
day period, penalties shall be final 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
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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
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 final, 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
monetary penalty, to a maximum of$100.00 per day, from the date of service of the notice
of penalty if the hearing examiner finds that 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 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.
F. Cost Recovery and 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 file a lien with the county auditor on the property where the
violation exists for the amount of the unpaid civil penalties. The lien shall be of equal rank
with state, county and municipal taxes. The claim of lien shall contain the following:
a. The authority for 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 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. (Ord. 6328 § 4, 2010.)
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Section 8. Amendment to City Code. That Section 8.08.080 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.08.080 Containers — Required.
A. All persons accumulating garbage in the city shall place and accumulate the
same in a micro-can, cart, detachable container, drop-box container, or such other
collection container that is approved by the city's solid waste service provider(s).
Recyclables may be accumulated, for collection by the city service provider(s), in
recycling carts or recycling containers, or such other collection container that is approved
by the city's current service provider(s). Compostables may initially be accumulated for
collection by the city service provider(s) in compostables carts and, once such cart is full,
in such other collection container that is approved by the city's current service provider(s)
for overflow volumes. It is a violation of this chapter for any persons who accumulate
garbage to maintain garbage and recyclables upon their property uncontained in a city-
approved collection container without a permit issued according to ACC 8.08.090.
B. It is the duty of the owner of any dwelling, flat, apartment house or mobile
home park to furnish or to see that his/her tenants have adequate garbage service and
are adequately supplied with such cans/containers.
C. It is the duty of the property owner of a commercial building to see that
his/her tenants have adequate garbage service and are adequately supplied with such
cans/containers.
D. All single-family residential garbage shall be placed in a service provider-
provided micro-can or wheeled cart. In all cases, customers shall have at least one rigid
container as their primary garbage container. Plastic bags or garbage cans may be used
for overflow volumes of garbage, but not as a customer's primary container, and may be
subject to an additional service charge or fee. All containers shall be packed so that the
contents of the container will dump out rapidly when the container is inverted. Containers
shall be located at their appropriate storage location as required in ACC Title 18, Zoning,
except on the day of scheduled pickup.
E. All multifamily and commercial customer garbage shall be placed in a
service provider-provided micro-can, wheeled cart, detachable container or drop-box
container. Micro-cans, wheeled carts and detachable containers shall be packed so that
the contents of the container will dump out rapidly when the container is inverted. All
containers shall be located in conformance with the requirements set forth in ACC Title
18, Zoning.
F. Garbage containers and other approved containers shall not weigh more
than the weight limits set forth in their respective definitions in ACC 8.08.030, Definitions.
Garbage containers shall not be overloaded beyond the point where covers can be
securely replaced. Single-family residential customers shall place all garbage carts,
micro-cans, recycling carts, compostables carts or other approved containers at curbside
on a public street or private road as provided in ACC 8.08.100, Containers — Set-out of
containers —Anti-scavenging. (Ord. 6367 § 3, 2011; Ord. 6160 § 1 , 2008; Ord. 6139 § 1,
2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006; Ord. 5622 § 1,
2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 4500 § 2, 1991.)
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Section 9. Amendment to City Code. That Section 8.12.020 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.12.020 Nuisances affecting public health and safety.
Acts or omissions, places, conditions 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 permitting 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;
B. 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 kept in covered
bins 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 be deemed
approved by the city;
E. Trash, litter, rags, debris, accumulations of empty barrels, boxes, crates,
packing cases, mattresses, bedding, excelsior, packing hay, straw, or other packing
material, lumber not neatly piled, or other material, which provides harborage for insects,
rodents, or other pests;
F. Any unsightly and dangerous building, billboard or structure, as determined
by the city building official;
G. All places used or maintained as junkyards 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 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, junkyards
or machinery being used;
H. Garbage disposed of in any manner other than provided in the solid waste
code (Chapter 8.08 ACC);
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 fowl, butchers' trimmings or offal, or any
waste, vegetable or animal matter in any quantity, garbage, human excreta or other
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offensive substance; provided, nothing in this subsection shall prevent the temporary
retention of waste in a manner approved by the mayor or designee;
K. Blackberry vines or any tall grass or weeds which are infested with insects,
rodent or other pests;
L. Grass clippings, cut brush or cut weeds which may create an insect or
rodent harborage;
M. Nests, colonies, hives or apiaries of bees, Africanized honey bees, yellow
jacket, hornets or wasps which are not in full compliance with Chapter 15.60 RCW 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;
O. Ditches, holes, pits, accumulations of debris, dirt or construction materials
or other materials, or breaks in impervious surface in any public right-of-way, or any other
condition that obstructs or interferes with safe pedestrian or vehicular travel on or along
said right-of-way; and
P. Failure, after reasonable notice, to restore a city street, sidewalk or related
infrastructure facility to city standards after having destroyed, disrupted or adversely
impacted such street, sidewalk or related infrastructure facility from its use for safe public
travel;
Q. 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 similar items. The term junk also
includes travel trailers, boats and boat trailers, truck campers, utility trailers, tent 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 otherwise allowed for storage will be
considered junk and a public nuisance.
R. Any and all other violations of the provisions of titles 1, 5, 8, 12, 13, 15, 16,
17, 18, and 20 of the Auburn City Code. (Ord. 5837 § 5, 2004; Ord. 5747 § 1, 2003; Ord.
2904 § 1, 1976; 1957 code § 7.04.280.)
Section 10. Amendment to City Code. That Section 8.12.070 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.12.070 Maintaining or permitting nuisance.
Every person who commits or maintains a public nuisance, for which no special
punishment is prescribed, or who Willfully omits or refuses to perform any legal duty
relating to the removal of such nuisance, and every person who lets or permits to be used
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any building or boat or portion thereof, knowing that it is intended to be or is being used
for committing or maintaining any such nuisance, is guilty of a violation of this code and
is punishable in accordance with ACC 1.25.040. (Ord. 6461§ 1, 2013; Ord. 5747 § 1,
2003; 1957 code § 7.04.340.)
Section 11. Amendment to City Code. That Section 8.12.080 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.12.080 Abatement by city— Costs liability.
A. Abatement. Notwithstanding the existence or use of any other remedy, the
city may order the abatement of any nuisance, or seek legal or equitable relief to enioin
or abate any nuisance. If within thrcc ten (10) calendar days after service ofreseiving 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 director of community development and public works, or designee, mayor or
designee, the person owning, occupying or controlling such premises fails, neglects or
refuses to remove the same, such nuisance may be repaired, demolished, remedied,
removed or abated by order of the directorm ayo ordesigneeT. The director, or designee,
may seek judicialprocess as he.or she deems necessary to effect the repair, demolition,
remedy, removal, or abatement of such nuisance.
B. Service. The director shall cause the noticeofabatement to be-served-on
the property owner(s) and/or tenant(s) and to any person(s) causing or allowing or
participating in the violation. The notice shall beservedby personal service orby.mailing
a copy of the notice 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
conspicuously onthe property.
C. Appeal.
1. Notices of abatement may be appealed to the hearing examiner within 10
calendar days of the date of mailing or service. The appeal may contest the determination
that a violation exists and the reasonableness of the corrective action ordered. An appeal
shall be filed by providing a written request to the City Clerk. The application shall contain
the following:
a. The address that is the subject of the violation.
b. The person's name, phone number, and address.
c. A brief description of the legal interest the person has in the real or personal
property to be abated.
d. The reason(s) supporting reversal, modification, or limitation of the proposed
abatement, together with any material facts that support those reason(s).
e. A description of the relief sought.
a-f.Signatures of the person(s) submitting the application.
A fee is not required to be paid to file an appeal, unless the examiner denies the
appellant any relief regarding the abatement, in which case the fee is that fee set forth in
the city of Auburn fee schedule.
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2. If an appeal is properly and timely filed, the examiner shall set a date, time,
and place for the hearing of the appeal. Such date shall be within 30 calendar days of
thedatethecity received the request for an appeal. Written notice of the time and place
of the hearing shall be given at least 7 calendar days prior to the date of the hearing to
each appellant by either causing a copy of such notice to be delivered to the appellant
personally or by mailing a copy, postage prepaid, to the address shown on the appeal.
3. The effect of failure to appeal, the scope of the hearing, the hearing procedures,
the conduct of the hearing, the right to review of the appeal, limitations of the examiner's
authority, and the form and effective.date of the examiner'sdecision shall.all.be governed
by the provisions in ACC 15.07.130, as hereafter amended.
The property owner shall have the burden of proof by a preponderance of the evidence
that a violation has not occurredat the subject property and/or that the corrective action
is unreasonable.
4. The timely filing of an appeal.shall stay the abatement during the pendency of
the appeal, but an appeal does not lift or stay a stop work order. Monetary penalties
shall accrue during the appeal period unless the appellant prevails.on appeal. In.addition
to ruling upon the issues presented by the appellant, the examiner may vacate or reduce
any penalties pending, or previously imposed, for any violations related to the nuisance
that is thesubject of the. abatement. If previously imposed penalties are vacated or
reduced, any liens for those amounts shall be released or modified accordingly as well.
If the examiner denies the appellant's request for relief, the appellant shall pay the
hearing fee as set forth in the city of Auburn fee schedule Within 14 calendar days of the
hearing. Failure to pay the fee shall be a cost of the abatement subject to.cost recovery
under this section.
D. Cost recovery -- Lien. tThe person on whom such notice for the removal of
same was served, in addition to incurring-head penalty provided, shall become indebted
to the city for the damages; and legal and administrative costs and charges incurred by
the city in the repair, demolition, remedy, removal, or abatement of such nuisance.
The city shall bill its costs to the person(s) obligated to perform the Work under the
notice of failure to correct a violation, an order to stop work or an order of.a court, which
costs shall become due and payable 30 calendar days after the date of the bill.
If unpaid after 30 calendar days, Ssuch 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 behalf of the city. The mayor or
designee is also authorized to file a lien against the property on which the nuisance was
abated, whether pursuant to this chapter or by other legal 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.
The lien shall be in the amount of the city's damages and costs in abating the nuisance,
including administrative and legal costs, the amount of relocation assistance advanced
under RCW 59.18.085, in-the costs of enforcing the lien, 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. The amount of unpaidcivilpenalties
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shall constitute a lien against the property that shall be of equal rank with state, county
and municipal taxes.
For purposes of this section "administrative costs" shall include, but are not limited
to, recording and filing fees, personnel costs incurred in the inspection of the property,
preparation of notices, contracts, and other documents necessary for performing the
abatement and providing law enforcement during the abatement. In this section, "legal
costs" shall include, but not be limited to, attorney fees, expert witness fees, recording
and filing fees, and personnel costs incurred in preparing contracts, and notices
necessary for performing the abatement.
E. Special assessment. Additionally, the mayor may levy a special
assessment on the property on which the nuisance was abated for the amount of the
city's damages and costs in abating the nuisance, unless previously paid, and to contract
with the county treasurer to collect the assessment pursuant to RCW 84.56.035, including
interest at such rates.as provided in RCW 84.56.020, as noworhereafter amended. The
finance director shall certify to the county treasurer the city's costs, charges, and
damages. The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is commenced within 15
calendar days after the assessment is placed upon the assessment roll.
F. Salvage -- Any salvage value proceeds resulting from the abatement of the
property shall first be applied to the costs of abatement. Any remaining such monies shall
be paid to the property owner as shown on the last equalized assessment roll.
G. Obstruction with work prohibited. No person shall obstruct, impede or
interfere with the city, its employees or agents, or any person who owns, or holds any
interest or estate in any property in the performance of any necessary act, preliminary or
incidental to carrying out the requirements of this section. A violation of this provision shall
constitute.a misdemeanor, andshall bepunishable as provided by ACC 1.24.010. (Ord.
6328 § 2, 2010; Ord. 5837 § 6, 2004; Ord. 5747 § 1, 2003; 1957 code § 7.04.330.)
Section 12, Amendment to City Code. That Section 8.12.090 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.12.090 Abatement order.
The magistrate before whom there may be pending any proceeding for a violation
of maintaining or permitting a nuisance, except as defined hereinabove, shall, in addition
to any fine or other punishment which it may impose for such violation, order the
defendant to abate such nuisance abated—and all property unlawfully used in the
maintenance thereof destroyed by the chief of police at the cost of the defendant. (Ord.
5747 § 1, 2003; 1957 code § 7.04.350.)
Section 13. Amendment to City Code. That Section 8.20.030 of the Auburn City
Code be and the same hereby is amended to read as follows:
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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 aad-brush and other vegetation growing in violation of ACC
8.20.010 and 8.20.020 which is dangerous to public health, safety and welfare. The notice
shall be sent in the same manner, containing the same contents, and to the same
individuals or entities as is required by ACC 1.25.030, as hereafter amended, for notices
to correct a violation. 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 civil penalty, punishable in
accordance with Chapter 1.25 ACC, exceptwhere the violation is designated as a
misdemeanor as provided in ACC 1.25.050.
For purposes of this chapter, a person's property shall include any landscape strip,
also known as the parking strip, planting area or planting strip, which is the ground area
situated between a roadway edge and the sidewalk, or if there is no sidewalk,.the right of
way line. (Ord. 6328 § 3, 2010; Ord. 5837 § 7, 2004; Ord. 5747 § 3, 2003; Ord. 4504 §
10, 1991; Ord. 4040 § 2, 1985.)
Section 14. Amendment to City Code. That Section 8.20.040 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.20.040 Removal - City action.
Upon the failure, neglect or refusal of any owner or agent so notified to properly
cut and dispose of grass, weeds aad-brush, and any other vegetation dangerous to the
public health, safety or welfare within the time specified in the notice provided in ACC
8.20.030, the code enforcement official is authorized and empowered to pay for the
disposing-of abate such grass, weeds,and brush, and vegetation and to order its disposal
by the city. At least ten (10) calendar days prior to abating the nuisance, the code
enforcement officialshallnotify the property owner of the intended abatement. The notice
shall be sent in the same manner and to the same individuals as provided in 8.20.030.
The notice shall include a statement that the property owner shall-be responsible for the
costs of the abatement, which-shall be a lien upon the property if unpaid, that the property
owner may appeal the abatement determination pursuant to ACC 8.20.080 of this
ordinance, and the procedures for making such appeal. (Ord. 5747 § 3, 2003; Ord. 4504
11, 1991; Ord. 4040 § 3, 1985.)
Section 15. Amendment to City Code. That Section 8.20.050 of the Auburn City
Code be and the same hereby is amended to read as follows:
8.20.050 Removal - Cost- Payment.
When the city has effected the removal of said grass, weeds, er-brush or
vegetation, a code enforcement officer shall render a statement covering the costs of
such abatement, including all of the city's expenses, which may include the time of the.
officer to arrange for and accomplish the abatement, and mailthe bill to the property
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owner at both the last known address and the address listed in the county's property tax
records. The cost of such abatement shall be a lien upon the propertythatis of equal
rank With state, county, and municipal_taxes. If the property owner fails to pay such bill,
or if the. owner cannot be found, the officer may cause a lien to be filed against the
property. The lien shall be in similar form, be.filed with the same county office, filed within
the same time and.manner, and be enforced and foreclosed in the same way as.state-law
provides for the foreclosure of labor and material liens. Additionally, the city may refer to
a collection agency the abatement costs, which shall include the collection agency fee,
andany penalty assessed pursuant to Chapter 1.25 ACC shall include the abatement
costscity's actual costs. The provisions of this chapter relative to the recovery of
abatement costs are not exclusive, and all other rights or remedies of the.city, or any
citizen thereof, relative to recovering abatement costs are to remain in full force and effect.
Ord. 5747 § 3, 2003; Ord. 4504 § 12, 1991; Ord. 4040 § 4, 1985.)
Section 16. Amendment to City Code. That Section 12.36.050 of the Auburn City
Code be and the same hereby is amended to read as follows:
12.36.050 Nuisances — Designated.
Trees, shrubs or vegetation or parts thereof which so overhang any sidewalk or
street or which are growing thereon in such manner as to obstructor impair the free and
full use of the sidewalk or street by the public are public nuisances. Oras, weeds, shrubs,
bushes, tr
which is a fire hazard or a menace to public health, safety or welfare are likewise public
nuisances. It is the duty of the owner of the property wherein or whereon any such
nuisances exist to abate the nuisances by destroying, removing or trimming the growth.
1957 code § 8.15.040.)
Section 17. Amendment to City Code. That Section 15.06.010 of the Auburn City
Code be and the same hereby is amended to read as follows:
15.06.010 International codes adopted.
There is adopted by reference, upon the effective date of the ordinance codified in
this chapter and upon filing with the city clerk one copy thereof, the following described
chapters of the Washington Administrative Code, International Codes and standards, and
Uniform Plumbing Code and standards together with appendix chapters, amendments,
deletions and additions as set forth in this section or in the appropriate chapters in this
code.
A. International Building Code adopted. The 2015 edition of the International
Building Code, as published by the International Code Council, as adopted and hereafter
amended by the State Building Code Council in Chapter 51-50 WAC,is adopted by
reference with amendments, deletions and additions thereto as provided in Chapter
15.08A ACC, Building Code.
B. International Residential Code adopted. The 2015 edition of the
International Residential Code, as published by the International Code Council, as
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August 15, 2016
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adopted and hereafter amended by the State Building Code Council in Chapter 51-51
WAC is adopted by reference, including Chapter 11, "Energy Efficiency," Chapters 25
through 33, "Plumbing," and Chapters 34 through 43, "Electrical."
C. International Mechanical Code adopted. The 2015 edition of the
International Mechanical Code, as published by the International Code Council, as
adopted and hereafter amended by the State Building Code Council in Chapter 51-52
WAC, is adopted by reference.
D. International Fire Code adopted. The 2015 edition of the International Fire
Code, as published by the International Code Council, as adopted and hereafter amended
by the State Building Code Council in Chapter 51-54A WAC, is adopted by reference with
amendments, deletions and additions thereto as provided in ACC Chapter 15.36A Fire
Code.
E. National Fuel Gas Code (NFPA 54) adopted. The 2015 edition of ANSI
Z223.1/ NFPA 54 National Fuel Gas Code, as published by NFPA, as adopted and
hereafter amended by the State Building Code Council in Chapter 51-52 WAC, is adopted
by reference.
F. Liquefied Petroleum Gas Code (NFPA 58) adopted. The 2015 edition of the
Liquefied Petroleum Gas Code, as published by NFPA, as adopted and hereafter
amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by
reference.
G. International Fuel Gas Code adopted. The 2015 edition of the International
Fuel Gas Code, as published by the International Code Council, as adopted and hereafter
amended by the State Building Code Council in Chapter 51-52 WAC, is adopted by
reference.
H. Uniform Plumbing Code adopted. The 2015 edition of the Uniform Plumbing
Code, as published by the International Association of Plumbing and Mechanical Officials,
as adopted and hereafter amended by the State Building Code Council in Chapter 51-56
WAC, is adopted by reference, including Chapter 12, "Fuel Piping," Chapter 15, "Firestop
Protection," Appendix A, "Recommended Rules for Sizing the Water Supply System,"
Appendix B, "Explanatory Notes on Combination Waste and Vent Systems," Appendix C,
Alternate Plumbing Systems," Appendix I, "Installation Standards," and those
requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel-
fired appliances as found in Chapter 5 and those portions of the code addressing building
sewers.
I.International Energy Conservation Code adopted. The 2015 edition of the
International Energy Conservation Code, as published by the International Code Council,
as amended by the State Building Code Council in Chapters 51-11C and 51-11R. The
most current Washington State Energy Code as established under Chapter 19.27A RCW
most recently amended in 2012). The Washington State Energy Code, as adopted and
hereafter amended by the State Building Code Council in Chapters 51-11C and 51-11R
WAC, is adopted.
J. International Property Maintenance Code adopted. The 2015 edition of the
International Property Maintenance Code , as published by the International Code
Council,-excluding Chapter 1, Section 111, "Means of Appeal," is adopted by reference
subiect to the exceptions and conditions of Chapter 15.20.
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K. International Swimming Pool and Spa Code adopted. The 2015 edition of the
International Property Management Code, as published by the International Code
Council, excluding Chapter 4, "Public Swimming Pools," Chapter 5, "Public Spas and
Public Exercise Spas," and Chapter 6, "Aquatic Recreation Facilities," is adopted by
reference.
L. International Existing Building Code adopted. The 2015 edition of the
International Existing Building Code, as published by the International Code Council, and
hereafter amended by the State Building Code Council in Chapter 51-50-480101 , is
adopted.
M. International Green Construction Code adopted. The 2015 edition of the
International Green Construction Code, as published by the International Code Council
is adopted by reference, as an optional reference for developers who choose to utilize
elements of the code for guidance.
Section 18. Repeal of Section in City Code. That Section 1 .25.070 of the Auburn
City Code be and the same hereby is repealed.
Section 19. Repeal of Section 111 of the International Property Maintenance
Code. That Section 111 of the 2015 International Property Maintenance Code be and
the same hereby is repealed.
Section 20. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 21. Severability. 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 22:. 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:
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CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daakam, City Clerk
AP/PR0I• D A , e •RM:
L /
Da iel B. Heid, City Attorney
Published:
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TEXT OF REPEALED CODE SECTION
1.25.070 Abatement.
A. Abatement by City. The city may perform the abatement required upon noncompliance
with the terms of an order of the court.
1. The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are expressly
authorized to enter upon the property of the violator for such purposes.
2. The city shall bill its costs, including incidental expenses, of abating the violation to the
person(s) obligated to perform the work under the notice of failure to correct.a violation, an order
to cease activity or an order of the court, which costs shall become due and payable 30 days after
the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel
costs, both direct and indirect, including attorney's fees incurred by the city; costs incurred in
documenting the violation; the actual expenses and costs to the city in the preparation of notices,
specifications and contracts, and in inspecting the work; and the cost of any required printing and
mailing.
B. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the
city, its employees or agents, or any person who owns, or holds any interest or estate in any
property in the performance of any necessary act, preliminary or incidental to carrying out the
requirements of this section, A violation of this provision shall constitute a misdemeanor, and shall
be punishable as provided by ACC 1.24.010.
C. Report to City Council and Hearing on Cost of Abatement. In the event the person(s)
responsible fails to pay within the 30-day period set forth in subsection (A)(2) of this section, the
enforcement official shall prepare a written itemized report to the city council showing the cost of
abatement, including rehabilitation, demolition, restoration or repair of such property, including
such salvage value relating thereto plus the amount of any outstanding penalties.
1. A copy of the report and a notice of the time and date when the report shall be heard
by the city council shall be served on the person responsible for payment at least five days prior
to the hearing before the city council.
2. The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city councilshall confirm or revise the amounts
in the report, authorize collection of that amount or, in the case of a debt owed by a property
owner, authorize placement of an assessment lien on the property as provided herein.
D. Assessment Lien. Following the hearing and authorization by the city council, the city
clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter
the amount of such assessment upon the tax rolls against the property for the current year and
the same shall become a part of the general taxes for that year to be collected at the same time
and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for
delinquent taxes, and when collected to be deposited to the credit of the general fund or other
appropriate fund of the city. The lien shall be of equal rank with the state, county and municipal
taxes.
E. The validity of any assessment made under the provisions of this chapter shall not be
contested in any action or proceeding unless the same is commenced within 15 calendar days
after the assessment is placed upon the assessment roll. (Ord. 5966 § 5, 2006; Ord. 5677 § 2,
2002.) 1.25.070 Abatement.
A. Abatement by City. The city may perform the abatement required upon noncompliance
with the terms of an order of the court.
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1. The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are expressly
authorized to enter upon the property of the violator for such purposes.
2. The city shall bill its costs, including incidental expenses, of abating the violation to the
person(s) obligated to perform the work under thenotice of failure to correct a violation, an order
to cease activity or an order of the court, which costs shall become due and payable 30 days after
the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel
costs, both direct and indirect, including attorney's fees incurred by the city; costs incurred in
documenting the violation; the actual expenses and costs to the city in the preparation of notices,
specifications and contracts, and in inspecting the work; and the cost of any required printing and
mailing.
B. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the
city, its employees or agents, or any person who owns, or holds any interest or estate in any
property in the performance of any necessary act, preliminary or incidental to carrying out the
requirements of this section. A violation of this provisionshall constitute a misdemeanor, and shall
be punishable as provided by ACC 1.24.010.
C. Report to City Council and Hearing on Cost of Abatement. In the event the person(s)
responsible fails to pay within the 30-day period set forth in subsection (A)(2) of this section, the
enforcement official shall prepare a written itemized report to the city council showing the cost of
abatement, including rehabilitation, demolition, restoration or repair of such property, including
such salvage value relating thereto plus the amount of any outstanding penalties.
1. A copy of the report and a notice of the time and date when the report shall be heard
by the city council shall be served on the person responsible for payment at least five days prior
to the hearing before the city council.
2. The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the amounts
in the report, authorize collection of that amount or, in the case of a debt owed by a property
owner, authorize placement of an assessment lien on the property as provided herein.
D. Assessment Lien. Following the hearing and authorization by the city council, the city
clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter
the amount of such assessment upon the tax rolls against the property for the current year and
the same shall become a part of the general taxes for that year to be collected at the same time
and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for
delinquent taxes, and when collected to be deposited to the credit of the general fund or other
appropriate fund of the city. The lien shall be of equal rank with the state, county and municipal
taxes.
E. The validity of any assessment made under the provisions of this chapter shall not be
contested in any action or proceeding unless the same is commenced within 15 calendar days
after the assessment is placed upon the assessment roll. (Ord. 5966 § 5, 2006; Ord. 5677 § 2,
2002.)
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