HomeMy WebLinkAbout6647 ORDINANCE NO. 6 6 4 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
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CITY OF AUBURN, WASHINGTON, AMENDING
SECTIOIVS 1.25.065, 8.12.080 AND 8:20.050 OF
THE AUBURN CITY CODE RELATING TO THE
ABATEMENT OF PUBLIC NUISANCES
WHEREAS, the current provisions of #he Auburn City Code include
several methodologies for abating certain types of nuisances; and
WHEREAS, the current provisions of the Auburn City Code also include
varying methodologies for the recovery of costs associated with the abatement of
nuisances; and
WHEREAS, the City has abated multiple nuisances but has been hindered
in recovering costs thereof due to the variety of inethodologies; and
WHEREAS, maintaining a flexible approach to the abatement of
nuisances while consolidating recovery efforts into a uniform methodology for the
recovery of costs associated with the abatement of nuisances will enhance City
efforts to improve public health safety and welfare by improving cost recovery of
past and future abatements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adoptec9. The City Council hereby adopts the recitai
clauses contained in this Ordinance as Findings of Fact or Conclusions, as may
be appropriate given the context of each recital.
Section 2. Amendment to Citv 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
Ordinance No. 6647
March 27, 2017
Page 1 of 9
corrected pursuant to ACC 1.25,030 within the time specified in the notice #o
� correct violation or recucs within sixtv days of remediation of the same violation,
he/she is authorized to impose a civil penalty against the property owner on
whose property the violation exists, and/or the person in possession of the
property, and/or the person otherwise causing or responsible for the violation.
The penalty shall be up to $500.00 for the first day and $100.00 per day for each
additional full day the violation continues. In the event a violation is remediated
but recurs within sixty days, the city may impose a penaltv that is doubJe that of
the above listed penalty amounts. Each day on which a violation or recurrence
thereof#�� continues shall constitute a separate violation. If unpaid within 14
calendar days of beeoming 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 nofice 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 a.mount of the inifial penalty and the amount of the per day penalty
for each day#he 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
effe.ctive, they shall become a lien on the property that shall be of equal rank with
state, county and mu_nicipal taxes.
C. Withdrawal. The code enforcement officer may withdraw a notice of
penalty if compliance is achieved, as determined by the offcer, 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.
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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
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March 27, 2017
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of the obligation to pay the penalty assessed, unless dismissed, withdrawn, or
modified by th� 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 the notice of penalty due to good cause. The burden of
proving sueh 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
fnal 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
penal#ies, whether effectiye or final, that were imposed for the alleged violation.
3. The civil penalties for a continuing �iolation 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 penatties 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.-, and shall be in
Ordinance No. 6647
March 27, 2017
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similar form, be filed with the same countv office, be enforced and foreclosed in
the same manner, and subject to the same exemptions as state law provides for
the foreclosure of labor and material liens. 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. 6615 § 7, 2016; Ord. 6328 § 4, 2010.)
Section 3. Amendment to Citv 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. Notwithstandinq the existence or use of anv ather
remedv, the city may order the abatement of any nuisance detrimental to the
health and welfare of the public, or source of filth.
1. Prior to any order, written notice for the repair, demolition, remedv,
removal, or abatement shall be signed by the director of communitv development
and public works, ar designee, and served upan the person owninq, occupvinq,
or controllinq such premises.
2. If the nuisance has not been repaired, demolished, remedied,
removed, ar otherwise abated, or if the notice has not been appealed pursuant to
subsection C within 10 calendar days after service thereof, then the director of
community development and public works, or his or her designee, may issue an
order autharizing the City to effect the abatement.
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B. Service. The director shall cause#�aea�notice or order of abatement to
be served on the property owner(s) and/or tenant(s), all parties that have an
interest in the property, and to any person(s) causing or allowing or participating
I in the viola#ion; The notice or order of abatement to the owner(s) shall be served
by personal service or by mailing a copy �t#�,�;��by certified mail, postage
prepaid, return receipt requested, sent to his/her last known address, and to any
other such person(s) by sending via regular mail, postage prepaid to his/her last
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Ordinance No. 6647
March 27, 2017
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� known address. A nA�otice or order of _abatement shall also be provided by
posting a copy thereof conspicuously on the 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 exists1 a� the reasonableness of the corrective
I action orderedS or both. An appeal shall be filed by providing a written request to
the city clerk. The application shall eontain 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.
f. Signatures of the person(s) `submitting the application.
� 2_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.
� 3�. 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 the date the city reeeived the request for an appeal. Written
notice of the time and place of the hearing shall be given at least seven 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.
� 4�. The effect of failure to appeal, the scope of the hearing, the hearing
procedures, the conduet of the hearing, the right to review of the appeal,
limitations of the examiner's autho"rity, and the form and effective date of the
examiner's decision 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 occurred at the subject
property and/or that the corrective action is unreasonable.
� 54. 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 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.
� 6_If the examiner denies the appellanf'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.
Ordinance No. 6647
March 27, 2017
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D. Cost Recoverv. The person on whom an order of abatement was
served in addition to incurring any penalty provided, shall become indebted to
the citv for the damaqes and legal and administrative costs and charaes.incurred
� the city in the repair demolition remedy, removal, or abatement of such
nuisance.
1. The city shall bill its costs to the person(s) obliqated 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 became due and payable 30 calendar davs
after the date of the bill.
2. If the costs remain unpaid after 30 calendar days, the Mayor may
levy a special assessment an the propertv on which the nuisance was abated,
includinq interest at such rates as provided in RCW 84.56.020, as now or
hereafter amended and contract with the county treasurer to callecf the
assessment pursuant ta RCV1/ 84.56.035. The finance directar shall certif� to the
countv treasurer the city's costs, charges, and damages. The validitv of anv
assessment made under the pravisions of this chapter shall not be contested in
any action or proceeding unless the same is commeneed within 15 calendar davs
after the assessment is placed upon the assessment roll.
a. The special assessment shall be in the amount of the citv's costs,
charqes and damages in abatinq the nuisance, ineludinq administrative and legal
costs the amount af relocation assistance advanced under RCW 59.18.085, the
costs of enforcin�the assessment and the amount of all outstandinq penalties.
In anv such assessment bv the city, the city shall also be entitled to interest
accruinq at the rate ofi 12 percent per annum beainninq thirtv days after the date
of the bill described in subsection 1.
3. Additionally, if the amount described in subsection 1 is unpaid after
30 calendar days the M�or, or his or her designee, is authorized to file a lien
aqainst the praperty where the nuisance was abated, or on the adiacent propertv
where the nuisance was located on public propertv or on public right-of-wav and
where the nuisance was caused by or on behalf of the owner of the adiacent
property.
a. The lien shall be in the amount af the citv's damaqes and costs in
abatinq the nuisance, including administrative and leqal costs, the amount of
relocation assistance advanced under RCW 59.18.085, the costs of enforcinq the
lien and the amount af.all outstanding penalties. In any such assessment by the
city the city shall also be entitled to interest accruinq at the rate of 12 percent per
annum beginnina thirty davs after the date of the_bill described in subsection 1.
b. The lien shall be of equal rank with state, county and municipal
taxes and shall be in similar form, be filed with the same countv office; filed in the
same manner, be enforced and foreclosed in the same wav, and subiect to the
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same exemptions as state law provides for the foreclosure of labor and material
liens. . -
4. Additionally the citv may, in conformitv with ACC 3.30, refer to a
collection .agencv the abatement costs described in subsection 1, which shall
include the collection aqency fee and any penalty assessed; pursuant to
Chapter 1.25 ACC.
Ordinance No. 6647
March 27, 2017
Page 6 of 9
5. The provisions of this chapter relative to the recovery of abatement
costs are not exclusive, and all other riqhts or remedies of the city, ar any citizen
thereof relative to recoverinq abatement costs are to remain in full force and
effect.
6. For purposes of this secfion "administrative costs" shall include, but
are not limited to, recordinq and filing fees, personnel costs incurred in the
inspection of the property, preparation of natices, contracts, and other documents
necessarv for perForminq the abatement and providing law enforcement during
the abatement.
�7. In this section, "legal costs" shall include, but not be limited to,
attorney fees, expert witness fees, recordinc�and filing fees, and personnel costs
incurred in preparinq contracts, and notices necessary for performinq the
abatement.
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Ordinance No. 6647
March 27, 2017
Page 7 of 9
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E€. Salvage. Any salvage value proeeeds 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.
� F6. 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 neeessary 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.Q10. (Ord. 6615 § 11, 2016; Ord. 6328 § 2,.
2010; Ord. 5837 § 6, 2004; Ord. 5747 § 1, 2003; 1957 code § 7.04.330.)
Section 4. Amendment to Citv 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 fhe city has effeeted the removal of said grass, weeds, brush or
vegetation, a code enforcement officer shall render a statement cove�ing tfie
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 mail the
bill to the property owner at bofh the last known address and the address listed in
the counfy's property tax records. The cost of such abatement shall be a lien
upon the property that is 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
I officer may cause a special assessment to be levied, in the manner provided in
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ACC 8.12.080, and/or 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, and any penalty assessed pursuant to Chapter 1.25 ACC shall include the
abatement 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. 6615 § 15, 2016; Ord. 5747 § 3, 2003; Ord. 4504 § 12,
1991; Ord. 4040 § 4, 1985.)
Ordinance No. 6647
March 27, 2017
Page 8 of 9
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severabilitv. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall nof affect the validity of the
remainder of fhis ordinance, or the validity of its application to other persons or
circumstances.
Section 7. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approyal and publication as provided
by law.
INTRODUCED: APR -3 2017
PASSED: APR -3 2017
APPROVED: APR -3 2017
NA CY BA , MAYOR
ATTEST:
�t�lG�
v� c
Danielle E. Daskam, City Clerk
APP A FORM:
niel B. Hei ity A rney
Published: � fo �� 7:,.�-�� ���i:.��� ��"'``�
Ordinance No. 6647
March 27, 2017
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