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HomeMy WebLinkAbout6708ORDINANCE NO. 6708 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING NEW SECTIONS 15.20.75 AND 15.20.77 AND AMENDING SECTIONS 1.25.030, 1.25.040, 1.25.065 AND 15.20.030 OF THE AUBURN CITY CODE RELATING TO CODE ENFORCEMENT WHEREAS, Auburn City Code requires that code enforcement officials first issue a code violator a Notice to Correct Violation prior to issuing an infraction for a violation; and WHEREAS, because some code violations call for a rapid response or concern damage that is uncorrectable, a Notice to Correct may be superfluous or cause undue delay in enforcement; and WHEREAS, RCW 7.80.050 requires code enforcement officers to use a different process for citing violators depending upon whether the violation occurs in the official's presence or not; and WHEREAS, the current requirement that the City send all Notices to Correct and Civil Penalties by both certified mail and regular post is cumbersome, unnecessary, and produces confusion; and WHEREAS, in 2016, the City Council adopted by reference the International Property Maintenance Code, which is a model code published by the International Code Council; and WHEREAS, although the International Property Maintenance Code is a model code, certain provisions of the Code require the adopting government to specify measurements, amounts, or dates that it prefers; and Ordinance No. 6708 December 11, 2018 Page 1 of 11 WHEREAS, the City is unable to enforce provisions of the Property Maintenance Code that contain unspecified figures or dates. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 1.25.030 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. 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 --------------------------- Ordinance No. 6708 December 11, 2018 Page 2 of 11 may amend the notice (a) to correct the notice, (b) for good cause to allow for a longer time to correct the violation, (c) to amend the scope of violation, or (d) 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 by regular mail, postage prepaid, 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 ------------------------------ Ordinance No 6708 December 11, 2018 Page 3 of 11 the county's records, and by posting a copy of the notice to correct violation conspicuously on the affected property or structure. Mailed notices shall be deemed received three (3) business days after the postmark. 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. 6615 § 5, 2016; 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 2. Amendment to City Code. That section 1.25.040 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.040 Notice of infraction. Notwithstanding the provisions of ACC 1.25.030, whenever the code enforcement official determines that a violation has occurred, he/she shall be authorized to issue a notice of infraction to the property owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or participating in the violation. If a violation occurs outside the official's presence, the official shall file, according to the process described in RCW 7.80.050, a notice of infraction with the court of limited jurisdiction for Auburn for the court to issue to the person(s). If a violation occurs in the official's presence, the official may issue the notice of infraction either directly to the person(s) or by filing it with the court, according to RCW 7.80.050. Once issued, the infraction shall be processed for court proceedings in accordance with applicable rules and procedures. (Ord. 6429 § 3, 2012; Ord. 5677 § 2, 2002; Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.) Section 3. Amendment to City Code. That section 1.25.065 of the Auburn City Code be and the same hereby is amended to read as follows: 1.25.065 Additional penalty and enforcement provisions Ordinance No. 6708 December 11, 2018 Page 4 of 11 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 or recurs within 60 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 60 days, the city may impose a penalty that is double 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 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 regular mail, postage prepaid. 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 regular 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. Ordinance No. 6708 December 11, 2018 Page 5 of 11 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 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. Ordinance No. 6708 December 11, 2018 Page 6 of 11 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, and shall be in similar form, be filed with the same county 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. 6647 § 2, 2017; Ord. 6615 § 7, 2016; Ord. 6328 § 4, 2010.) Section 4. Amendment to City Code. That section 15.20.030 of the Auburn City Code be and the same hereby is amended to read as follows: Ordinance No. 6708 December 11, 2018 Page 7 of 11 15.20.030 Section 103.1 and 103.5 amended. Sections 103.1 and 103.5 of the International Property Maintenance Code are amended to read as follows: 103.1 Department of property maintenance inspection. The department of community development and public works is responsible for implementation and enforcement of the International Property Maintenance Code. 103.5 Fees. The fees for activities and services performed by the city in carrying out its responsibilities under this code, including hearings conducted by the hearing examiner, shall be as indicated in the City of Auburn Fee Schedule. (Ord. 6615 § 1, 2016.) Section 5. New Section to City Code. That a new Section 15.20.075 of the Auburn City Code, entitled "Sections 302.4 and 304.14 Amended -- General Requirements," is hereby created to read as follows: 15.20.075 Sections 302.4 and 304.14 Amended -- General Requirements. Sections 302.4 and 302.14 of the International Property Maintenance Code are amended to read as follows: 302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, according to the abatement process contained in ACC 8.12, and the costs of such removal shall be paid by the owner or against responsible for the property. 304.14 Insect Screens. During the period from April 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food Ordinance No. 6708 December 11, 2018 Page 8 of 11 for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control shall have a self-closing device in good working condition." Section 6. New Section to City Code. That a new Section 15.20.077 of the Auburn City Code, entitled "Sections 602.3 and 602.4 Amended — Mechanical and Electrical Requirements," is hereby created to read as follows: 15.20.075. Sections 602.3 and 602.4 amended — Mechanical and Electrical Requirements. Sections 602.3 and 602.4 of the International Property Maintenance Code are amended to read as follows: 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during year-round to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-10C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat year-round to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: Ordinance No. 6708 December 11, 2018 Page 9 of 11 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities." Section 7. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 8. 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 9. 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. ATTEST: Ordinance No. 6708 December 11, 2018 Page 10 of 11 INTRODUCED: DEC 17 2018 PASSED: DEC 17 7018 APPROVED: DEC 17 2018 Shawn Campbell, City Clerk APPROVED AS TO FORM: , z4k-- —1 m c r 7 — Steven L. Gross, City Attorney Published: _ _ ,�2-z , Se���� Ordinance No. 6708 December 11, 2018 Page 11 of 11