HomeMy WebLinkAboutReg 2006-06-19 Item 6 - Ordinance - Code Enforcement & Nuisance Abatement 1 COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 06-072 IOIUGLNAL AGENDA DATE: 6/19/06
AGENDA ITEM TITLE Code Amendments Relating to Nuisance Abatement and Code Enforcement
CATEGORY Dutton Motion Resolution Ordinance Bid Award PuhacHearing Other
Acts Date Mtg Date ilftg Date 3ftg Date 6/19/06 Aftg Date Mtg Date Aftg Dale
I SPONSOR Council Ma3or El Adm Svcs DCD Finance Fire Mega! P &R Police Pik/
SPONSOR'S To date, the TMC does not contain provisions relating to voluntary correction and limited
SUMMARY right of entry agreements. The proposed amendments address the City's general authority
to contract with property owners relating to abatement of nuisance and code violations
and authorizes the City to collect all legal, actual, and incidental costs associated with
abatement and describes such costs with specificity.
REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm_ P Comm. Pionnin Comm.
DATE: n/a
RECOMMENDATIONS:
SPONSOR /ADMEN. Adopt the amending ordinance
CO\LIIITTEE n/a Council President requested this item go directly to Regular Mtg.
COST IMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$n /a
Fund Source:
Comments:
MTG. DATE RECORD` OF COUNCIL ACTION'
6/19/06 1
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MTG.DATEI ATTACHMENTS
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6/19/06 1 Information memo dated June 14, 2006 1
Proposed Ordinance in draft form. I
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KENYON DISEND, PLLC
THE}>'fUNICIPALLA I'f FIRM
11 FRONT STREET SOUTH
ISSAQuAH, WASHINGtON 93027-3820
\'ww.KENYONDlSEND.COM
(425) 392-7090 . (206) 628-9059
FAX (425) 392-7071
MICHAEL R. KENYoN
BRUCE L. DISF..'ID
SA..."'DRA S. lviEADOWCROFT
SHEI.IFi M. KER..'L\.'<:E
HEIDI L. BR05lUS
KERR! A. JORGENSEN
LACEY L. MADCHE
PErroR B. BECKVIITH
THO""S J Gurr.rorr.
RL..,I\E G. WAUJ;
JOSEPH B. k-v A.'I
KARl L. SAND
MONICA A. BUCK
KATHRYNJ. HARDY
INFOR1\1ATION MEMO
To:
Finance and Safety Committee
From:
Shelley Kerslake, City Attorney
Lacey Madche, Assistant City Attorney
Date:
June 14, 2006
Subject
Code Amenchmmts Relating to Nuisance Abatement and Code
Enforcement
ISSUE
Whether the City should adopt the attached code amendments to Chapter 8.45
TMC relating to voluntary correction of nuisance and code violations and recovery of
costs associated '.vith abatement measures taken by the City
BACKGROUND AND DISCUSSION
The primary goal of code enforcement is yoluntary correction .without
commencement of ailministrative or judicial proceedings. Cmrently, the Tukwila
Municipal Code does not contain provisions relating to voluntary correction and limited
right of entry agreements. TMC 8.45.045, as proposed, descn'bes the applicability and
the City's general authority to contract with property owners relating to abatement of
nuisance and code violations.
Should tenants, property owners, and other persons responsible for nuisance or
code violations fail to take the necessary corrective action proposed by the City, a
Heming Examiner, or a Court, the City may abate such violations and by law charge such
costs to the violator. TMC 8.45.105, as proposed and in pertinent part, authorizes the
City to collect all legal, actual, and incidental costs associated with abatement and
descn'bes such costs with specificity
RECOMMENDATION
Adoption of code amendments relating to nuisance abatement and code
enforcement as proposed.
Attachments: Proposed CodeAmcndmeots to Chapter 8.45 TMC.
F:\APPS\C1V\TUKWILA\t.lemo\M~~~~GrON CmEs SINCE 1993
CITY OF TUKWJLA
WASHINGTON
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ORDINAi'i'CE NO. 0
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO CODE El'.'FORCEMEJ'i'T,
AMENDING TUKWILA IVIDNICIPAL CODE CHAPTER
8.45; PROVIDING FOR SEVERABILITY; A1\'D
ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City continues to work toward more efficient and effectiye processing of
civil code violations; and
WHEREAS, City staffhas proposed changes to the Code Enforcement Chapter to ensure
greater efficiencies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF 11JKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC Chapter 8.45. Amended. Tukwila Municipal Code Chapter 8.45, entitled
''Enforcement,'' shall be amended to read as follows:
CHAPTER 8.45
Et"WORCEMEJ.'IT
Chapter 8.45
ENFORCEl\fEt~T
SectiDns:
8.45.010 Purpose
8.45.020 Scope
8.45.030 Violations
8.45.040 Enforcement
8.45.045 V oluntarv Correction and Limited Right to Enter Prouertv
8.45.050 Investigation, Civil Infraction Citations And Notices Of Violation
8.45.060 Time In Which To Comply
8.45.010 Stop Work Orders
8.45.080 Emergency Orders
8.45.090 Appeal To Hearing Examiner
8.45.100 Penalties
8.45.105 Abatementbvthe City
8.45.110 Additional Enforcement Mechanism
8.45.120 RCW Chapter 35.80 Adopted
8.45.13 0 Improvement Officer and Appeals Commission Designated
8.45.140 Improvement Officer Authority - Is:ruance of Complaint
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8.45.150 Service of Complaint
8.45.160 Complaint Hearing
8.45.170 Determination, Findings of Fact, and Order
8.45.180 Appeal to Appeals Commission
8.45.190 Appeal to Superior Court
8.45200 RecommendationlPenalties
8.45.210 Tax Lien
8.45220 SalYage
8.45.010 Purpose
The purpose of this chapter is to establish an efficient prBcB<:3 ~ilr c.lli;f~~mlillt c~
cBde .iillatiBBS sYstem to enforce the develomnent. land use. and public health
re!!lJlations of the city. to -crovide an OPDOrtunity for a Drompt hearing and
decision on alleged violations of these re!!lJlations. to establish penalties for
violations. including abatement of any affected mODerties. and to collect all costs
associated with abatement. including relocation/assistance exPenses pursuant to
Chanter 8.46 of the Tukwila Municipal Code.
(Ord.1838 s2(part), 1998)
8.45.020 Scope
The procedures set forth in this chapter shall be utilized to enforce violations of
the Tukwila Municipal Code, as such violations are described within the Code,
and as this chapter is referenced throughout the Code.
(Ord. 1838 s2(part), 1998)
8.45.030 Violations
A. It is unlawful for any person to initiate, maintain, or cause to be initiated or
maintained, the use of any structure, land or property within the City ,vithout first
obtaining the pennits or authorizations required for the use by the applicable
provisions of any of the Tul.'Wila Municipal Code.
B. It is unlawful for any person to use, construct, locate, demolish or cause to be
used, constructed, located, or demolished, any structure, land, or property within
the City in any manner that is not pennitted by the terms of any permit or
authorization issued pursuant to the applicable provisions of the Tukwila
Municipal Code.
C. It is unlawful for any person to engage in or conduct business within the City
ofTukwila without:first obtaining appropriate business licensing.
D. It is unlawful to:
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1 Remove or deface any sign, notice, complaint or order required
by or posted in accordance "''lith this chapter;
2. Misrepresent any material fact in any application, plans, or other
information submitted to obtain any building or COllBtruction
authorization; and,
3. Fail to comply with any of the requirements of an order to cease
activity issued under this chapter or issued p=t to authority
provided in other cnapters of the Tukwila Municipal Code.
E. It is unlawful to:
1. Maintain, allow, permit or fail to prevent a nuisance as defined
in Tuh.'Vma Municipal Code Chapter 8.28 or as defined throughout
the Tukwila Municipal Code; and
2. Fail to comply with any applicable provisiollB of the Tukwila
Municipal Code, including, but not limited to, the regulatiollB and
requirements found in the following sections of the Tukwila
Municipal Code, as now in effect or as may be amended hereafter:
5.04.115 ... Penalties.
822.290 Penalties.
9.32.200 ..... Penalties.
9.44.130 ... Enforcement.
11.22.220.. Violation - Penalties.
13.08.120. Enforcement.
14.06.070 . Penalties.
14.16.110... .Penalty for violation.
16.04.020.. Unifonn codes adopted.
16.16.072.. Parking in fire lanes probibited.
16.52.080.. Penalties for noncompliance.
16.54.300.. Penalties.
17.28.020.. Penalties.
19.36.010. Penalty for violations.
(Ord. 1838 92(part), 1998)
8.45.040 Enforcement
A. The Code Enforcement Officer(s) Ware the person(s) authorized by the Mayor
to enforce the civil provisions of the Tukwila Municipal Code.
B. The Code Enforcement Officer shall have the responsibility for enforcement of
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this chapter. The Code Enforcement Officer may call upon the police, fire,
building, public works or other appropriate City departments to assist in
enforcement. The Code Enforcement may seek assistance from outside agencies
or 1Jrivate contractors should the need exist. As used in this chapter, "Code
Enforcement Officer" shall also mean his or her duly authorized designee.
C. This chapter shall be enforced for the benefit of the health, safety, and welfare
of the general public, and not for the benefit of any particular person or class of
persons.
D. It is the intent of this chapter to place the obligation for complying with its
requirements upon the owner, occupier, tenant, =ger, agent, or other person
responsible for the condition of land and buildings situated within the City of
Tukwila and within the scope of the Tukwila Municipal Code.
E. No provision or any term used in this chapter is intended to impose any duty
upon the City or any of its officers or employees which would subject them to
damages in a civil action.
(Ord. 1838 ff2(part). 1998)
8.45.045 Voluntarv Correction and Limited Ri!'ht to Enter Property
A. APPllCABIIJTY. While it is the Citv's desire to obtain voluntarv correction
pursuant to this Chapter. compliance is not a prerequisite for 1Jursullg any of the
other remedies for correction in this Chapter. or anv remedies available in law or
eCIUitv. This section mav applv whenever the Code Enforcement Officer
determines that a nuisance or code violation has occurred or is occurring.
B. GENERAL. The Code Enforcement Officer mav attempt to secure voluntarv
correction by contacting the owner. occupier. tenant. manager. agent or other
person responsible for the condition ofJand and buildings situated within the Citv
of Tukwila and. where possible. explaining the violation and requesting
co=ction.
C. VOLUNTARY CORRECTION AND LIMITED RIGHT OF ENTRY
AGREEMENT. A voluntarv co=ction and limite<i right of entry agreement may
be entered into between the owner. occuPier. tenant. manager. agent or other
person responsible for the condition ofJand and buildings situated vtithin the Citv
of Tukwila for the violation and the Citv. acting through the applicable
denartment dire~tor. The vohmtarv correction and limited right of entry
agreement is a conuact between the Citv and the owner. oCCUDier. tenant
manager. agent. or other person responsible for the condition of land and
buildings under which such person agrees to abate the violation within a soecified
time and according to specified conditions. The voluntarv correction and limited
right of entry agreement mav include the fullowing:
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1. The name and address of the person resuonsible for the
violation:
2. The street address or other description sufficient for
identification of the building. structure. urenllses. or land upon or
within which the violation has occurred or is occurring:
3. A descriution of the violation and a reference to the regulation
which has been violated:
4. The necessary c{)rrective action to be taken. and a date or time
bv which correction must be completed:
5. An agreement by the person responsible for the violation that
the City may insuect the premises as may be necessary to
determine compliance with the voluntary correction and limited
right of entry agreement: and
6. An agreement bv the person re,,"Uonsible for the violation that
the City may abate the violation and recover its costs and expenses
as described in TMC 8.45.105 and/or a monetary penalty pursuant
to this Chapter rrom the person responsible for the violation if the
terms of the voluntary correction and limited right of entry
agreement are not satisfied.
(Ord. _8 _(part), 2006)
8.45.050 Investigation. Civil Infraction-Citations, and Notices of Violation
A. A UTHORlTY' Upon presentation of proper credentials, the Code Enforcement
Officer may, with the consent of the owner or occupier of a building or premises,
enter at reasonable times any building or premises in order to perfonn the duties
imposed by this chapter.
B. INVESTIGATION. The Code Enforcement Officer shaJl mav investigate any
structure or use which he or she reasonably belieyes does not comply with the
applicable standards and requirements of the Tuk\vila Municipal Code.
C. CIVIL INFRACFION CITATION If after investigation, or after the complaint
of residents or others, the Code Enfurcement Officer has probable cause to believe
that the applicable standards or requirements of the Tukwila Municipal Code have
been violated, the Code Enforcement Officer may issue a civil infraction citation
in accordance ,vith Chapter ~ 7.80 RCW, which is incorporated herein by this
reference, upon the owner, tenant, occupier, manager, agent, or other person
responsible for the condition.
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D. NOTICE OF VIOLATION: Alternatively, after investigation, or based upon the
complaint of residents or others, the Code Enforcement Officer may serve a
Notice of Violation upon the owner, tenant, occupier, manager, agent, or other
person r&"ponsible for the condition. The Notice of Violation shall contain the
following information:
1. A statement of each standard, code provision or requirement
violated;
2. What corrective action, if any, is necessary to comply with the
standards, code provision or requirement; ooe, ,
3. A reasonable time fQr compliance; and
4 An explanation of the appeal process and the specific
information required to file an appeal.
E. SERVICE OF A NOTICE OF VIOLATION' A Notice of Violation shall be
served on the owner, tenant, occupier, manager, agent, or other person responsible
for the condition by personal service, registered mail, or certified mail with return
receipt requested, addressed to the last known address of such person. If; after a
reasonable search and reasonable efforts are made to obtain service, the
whereabouts of the person(s) is unknown or service cannot be accomplished and
the Code Enforcement Officer makes an affidavit to that effect, then service of the
notice upon such person(s) may be made by'
1. Publishing the notice once each week for two consecutive weeks
in the City's official newspaper; and
2. Mailing a copy of the notice to each person named on the Notice
of Violation by first class mail to the last known address if known
or, if unknown, to the address of the property involved in the
proceedings.
F POSTING: A copy of the notice shall be posted at a conspiCllous place on the
property, unless posting the notice is not physically possible.
G. AMENDMENT A Notice of Violation may be amended at any time in order
to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
(Ord. 183892(part), 1998)
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8.45.060 Time in Which to Comply
A. CIVIL INFRACTION CITATIONS: Civilinftaction citations wMl may be issued
by the City's Code Enforcement Officer and shall be processed in accordance
with Chauter ~ 7.80 RCW. which is incorporated herein by reference. The
Tukwila Municipal Court shall have jurisdiction over all civilinftaction citations
issued under this Chapter.
B. DETERIvmlATION OF TIME FOR COlviPLlANCE WITH NOTICES OF
VIOLATION: Persons receiving a Notice of Violation shall rectify the code
violations identified within the time period specified by the Code Enforcement
Officer pursuant to TMC 8.45.050C.
C. ORDER BECOlv!ES FINAL UNLESS APPEALED' Unless an appeal is filed
with the Code Enforcement Officer for hearing before the Hearing Examiner in
accordance with TMC 8.45.090(A), the Notice of Violation shall become the final
Hilmini.u:ative order of the Code Enforcement Officer. A copy of the notice may
be filed and recorded ,vith the King County Recorder.
(Ord. 1838 s2(part), 1998)
8.45.070 Stop Work Orders
Whenever a continuing violation of this Code ,vill materially impair the Code
Enforcement Officer's ability to secure c9mpliance with this Code, or when the
continuing violation threatens the health or safety of the public, the Code
Enforcement Officer may issue a Stop Work Order specifying the violation and
prohibiting any work or other activity at the site. Any violation of a Stop Work
Order is hereby declared to be a nuisance, and the Code Enforcement Officer is
authorized to enjoin or abate such nuisance summarily by any legal or equitable
means as may be available. The costs for the injunction or abatement shall be
recovered by the City rrom the owner, tenant occupant, manager, agent, or other
responsible person in the manner provided by law
(Ord. 1838 s2(part), 1998)
8.45.080 Emergency Orders
Whenever any use or activity in violation of the Tu.1c\vila Municipal Code
threatens the health and safety of the occupants of the premises or any member of
the public, the Code Enforcement Officer may issue an Emergency Order
directing that the use or activity be discontinued and the condition causing the
threat to the public health and safety be corrected. The Emergency Order sball
specify the time for compliance and shall be posted in a conspicuous place on the
prop6rty, if posting is physically possible. Any condition described in the
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Emergency Order which is not corrected \vithin the time specified is hereby
declared to be a public nuisance and the Code Enforcement Officer is authorized
to enjoin or abate such nuisance summarily by any legal or equitable means as
may be available. :flw All cost of such abatement shall be recovered ITom the
owner, tenant, occupant, manager, agent, or other person re:,"]Jonsible in the
manner provided bylaw
(Ord. 1838 f2(part). 1998)
8.45.090 Appeal to Hearing Examiner
A. The person incurring the penalty described in a Notice of Violation issued by
the Code Enforcement Officer pursuant to TWIC 8.45.050C may obtain an appeal
of the Notice by requesting such appeal within ten calendar days after receiving or
otherwise being served with the Notice pursuant to TWIC 8.45.050. When the last
day of the period so compute~ is a Saturday, Sunday or federal or City holiday,
the period shall run unti14:30PM on the next business day The request shall be in
writing, and upon receipt of the appeal request, the Code Enforcement Office shall
schedule an appeal hearing before the Hearing Examiner. Notice of the hearing
shall be sent to the appellant and/or the person(s) named on the Notice of
Violation under the procedures descn'bed :in '!MC 8.45.050D or as may be
othenvise requested by the appealing party
B. At or after the appeal hearing, the Hearing Examiner may'
1. Sustain the Notice of Violation;
2. Withdraw the Notice of Violation;
3. Continue the review to a date certain for receipt of additional
infolIllation; or
4. Modify the Notice of Violation, which may inc1ude an extension
of the compliance date.
C. The Hearing Examiner shall issue a written decision within 14 days of the date
of the completion of the review and sball cause the same to be sent to the
person(s) named on the Notie<: of Violation under the same procedures descn'bed
in TMC 8.45.050D or as otherwise directed by the appealing party.
D. The decision of the Hearing Examiner shall be final and conclusive unless
appealed. In order to appeal the decision of the Hearing Examiner, a person with
standing to appeal must file a land use petition, approved:in Chapter ~ 36.70C
RCW (Land Use Petition Act). within 21 days of the isswmce of the Hearing
Examiner's decision. The cost for transcription of all records ordered certified by
the superior court for such review shall be borne by the appellant.
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(Ord. ]83892(part), ]998)
8.45.100 Penalties
A. VIOLATIONS OF TIlE TUKWILA lvfllJllICIP AL CODE.
1. Civil Inftaction: Citfllil3ill Any person violating or failing to
comply \vith the provisions of the Tukwila Municipal Code, may
be issued a civil in:fi:action d:a!imJ. pursuant to TMC 8.45.050(B).
Each civil in:fi:action shall carry with it a monetary penalty of
$100.00 for the first violation, $175.00 for a second violation of
the same nature or a continuing violation, and $250.00 for a third
or subsequent violation of the same nature or a continuing
violation; and .
2. Notice of Violation:
a. Any person violating or failing to comply with
the provisions of the Tukwila Municipal Code, may,
in the alternative, be issued a Notice of Violation
which shall carry with it a cumulative monetary
penalty of $500.00 per day for each violation from
the date set for compliance until compliance "rith
the Notice of Violation or order is achieved;
b. In addition to any penalty which may be imposed
by the City, any person violating or failing to
comply with any of the provisions of the Tukwila
Municipal Code sball be liable for all damage to
public or private property arising from sucb
violation, including the cost of restoring the affected
area to its condition prior to the violation;
c. The penalty imposed by this section under a
Notice of Violation may be collected by civil action
brought in the name of the City The Code
Enforcement Officer may notify the City Attorney
of the name of any person subject to the penalty,
and the City Attorney may, with the assistance of
the Code Enforcement Officer, take appropriate
action to collect the penalty. including but not
limited attachment of a lien to the proPerty: and
d. The Code Enforcement Officer sball have the
discretion to impose penalties in an amount lower
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than those set forth aboye.
B. ADDITIONAL REIJEF The Code Enforcement Officer may seek legal or
equitable relief to enjoin any acts or practices and abate any condition which
constitutes or will constitute a violation of the Tu.1c.viIa Municipal Code. The
remedies provided in this chapter are cumulative and shall be in addition to any
other remedy provided by law
C. 8UBDIVISION VIOLATIONS: Any person, firm, corporation, or association or
any agent of any person, :firm, corporation, or association who violates any
provision of RCW 58.17 or Tukwila Municipal Code Title 17, Subdivisions,
relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of
land, shall be guilty of a gross misdemeanor; and each sale, offer for sale, lease or
transfer of each separate lot, tract, or parcel of land in violation of any provision
of RCW 58.17 or Tokwila Municipal Code Title 17, Subdivisions, shall be
deemed a separate and distinct offense.
D. CONTINUED DUTY TO CORRECT. Payment of a monetary penalty
pursuant to this Chapter does not relieve .the person to whom the Infiaction or
Notice of Violation was issued of the duty to correct the violation.
(Ora. ]838 &2(part), ]998)
8.45.105 Abatement by the City
A. ABATEMENT. The City mav abate nuisance or code violations when:
1. The tenns of the voluntary correction and limited right of entry
agreement have not been met: or
2. A Notice of Violation has been issued and the required
correction has not been completed bv the date specified in the
Notice of Violation:
3. A written decision issued bv the City's Hearing Examiner has
not been complied with bv the date specified in the written
decision: or
3. The nniBances or code violations are subiect to summary
abatement as provided for in subsection (13) of this section.
B. SU1vfMARY ABATEMENT. Whenever anv nuisance or code violation causes a
condition. the continued existence of which constitutes an immediate threat to the
public health. safety or welfare or to the environment the City mav summarily
and without prior notice abate the condition. Notice of such abatement including
the reason for it shall be given to the person rc,,'1Jonsible for the violation as soon
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as reasonably lJossible after the abatement No right of action shall lie against the
City or its agents. officers. or employees for actions reasonably taken to prevent
or ClITe any such immediate threats. but neither shall the City be entitled to
recover any costs incurred for summary abatement. prior to the time that actual
notice of same is provided to the owner. occupier. tenant. manager. agent or other
person resPonSJ'ble for the condition ofland and buildings.
C. AUlliORlZED ACTION BY THE CITY. Using any lavrful me-ans. the City
may enter upon the subject proPerty and mav remove or correct the condition
which is subject to abatement. Prior to or during such abatement. the City may
seek such judicial lJrocess as it deems necessary to effect the removal or
correction of such condition. including but not limited to obtaining an iniunction
or warrant of abatement
D. INTERFERENCE. Any person who knowim!ly obstructs. impedes. or
interferes with the City or its agents. or with the person resPonsible for the
violation in the performance of dnties imposed by this Chapter. shall be guilty of a
misdemeanor lJunishable by imprisonment not exceeding 90 dayS and a fine not
exceeding S1.000.00.
E. RECOVERY OF COSTS AND EXPENSES. All costs incurred by the City
during abatement of nuisance or code violations shall be billed to the owner.
oCCUDier. tenant. mana!!er. agent. or other person responsible for the condition of
land and buildin!!S. Such costs may include. but are not limited to. the following
legal and abatement expenses:
1. For DUrPOSes of this Chapter. "legal exPenses" shall include but
are not limited to the following:
a. Personnel costs. both direct and indirect.
including attorney's fees and all costs incurred by
the City Attorney's office or its designee taken to
abate nuisances and code violations:
b. Actual and incidental expenses and costs incurred
by the City in preparing notices. contracts. court
lJleadings. and all other necessary documents
reauired to abate nuisances and code violations: and
c. All costs associated with retention imd use of
expert witness or consultants during the course of
abatement
2. For purposes of this Chapter. "abatement expenses" shall
include bITt are not limited to the following:
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a. Costs incurred by the City for ureparation of
notices. contracts. and related documents necessary
to abate nuisance or code violations:
b. All costs associated with inspection of the
property and monitoring of said property consistent
with orders of compliance issued by the City's
Hearing Examiller or a Court of competent
iurisdiction:
c. All costs incurred bv the City for hauling.
storage. disposal or removal of: yegetation. trash.
debris. dangerous structures or structures unfit for
human habitation Durnuant to the International
Building Code and/or International Property
Maintenance Code. potential vermin habitat or fire
hazards. iunk vehicles. obstructions to the public
right-of-wav. and setback obstructions:
do All costs incurred bv 1aw enforcement or re1ated
enforcement agencies necessary to assist the City
during abatement of nuisance or code vi01ations:
and
e. All relocation/assistance costs pursuant to
Chapter 8.46 of the TukwilaMunicipal Code.
F. INTEREST. All costs incurred bv the City during abatement of nuisance and
code violations shall include interest in amount as prescribed by law. Interest
shall start to accrue on the 30th dav fi:om mmling of the invoice purnIant to
subsection E above.
G. LIEN-AUTHORIZED. The City shall have a lien for anv monetary penalty
imoosed. the cost of anv abatement proceedingS under this chapter. and all other
related costs including attornev and expert witness fe<:s. against the real property
on which the monetary penalty was imposed or anv of the work of abatement was
perfonned.
(Ord. 9 _(part), 2006)
8.45.110 Additional Enforcement Mechanism
In addition to, and in combination with, the enforcement methods set forth in
TMC Chapter 8.45 and elsewhere in the Tnk\vila Municipal Code, violations of
the Tukwila Municipal Code may be enforced under the provisions set forth in
TMC 8.45.110 through 8.45220.
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(Ord. 206781(part), 2004)
8.45.120 RCW Chapter 35.80 Adopted
RCW Chapter 35.80, Unfit Dwellings, Buildings, and Structures, as it currently
exists or is hereinafter amended, is hereby adopted.
(Ord. 206781(part), 2004)
8.45.130 Improvement Officer and AppeaIs Commission Designated
The Code Enforcement Officer, and the Code Enforcement Officer's designee, is
designated as the City's "Improvement Officer," and shall have the full scope of
authority granted to that official under RCW Chapter 35.80. The City ofTul.'Wila
Hearing Examiner is designated as the City's "Appeals Commission," and sball
have the full scope of authority granted to that commission under RCW Chapter
35.80.
(Ord. 206781(part), 2004)
8.45.140 Improvement Officer Authority - Issuance of Complaint
If, after a prelimimrry investigation of any dwelling, building, otructure or
premises, the Improvement Officer finds that it is 1lllfit for human habitation or
other use, the Improvement Officer may issue a complaint conforming to the
provisions ofRCW 35.80.030, stating in what respects such dwelling, building,
structure or premises is unfit for human habitation or other use. In determining
whether a dwelling, building, structure or premises should be repaired or
demolished, the Improvement Officer shall be guided by the Tubvila Municipal
Code and such other codes adopted pursuant to the Tukwila Municipal Code as
the Improvement Officer deems applicable, in particular the most recent edition of
the International Property Maintenance Code.
(Ord. 206781 (part), 2004)
8.45.150 Service of Complaint
A complaint issued under TMC Chapter 8.45 shall be served on the parties and
posted on the subject property pursuant to RCW 35.80.030, and shall also be:filed
with the King County Auditor. All complaints or other documents posted on the
subject property shall remain in place until the complaint has been resolved. For
purposes of service, such complaints or other documents are deemed effective on
the day of posting.
(Ord. 206781(part), 2004)
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8.45.160 Complaint Hearing
Not less than ten days nor more than 30 day:; after serving a complaint, the
Improvement Officer shall hold a hearing conforming to the provisions of RCW
35.80.030, at which all parties in interest shall be given the right to appear in
person, to bring vritnesses, and to give testimony regarding the complaint. At any
time prior to or at the time of the hearing, any party may file an answer to the
complaint. The Improvement Officer shall adopt procedural rules governing the
procedure of such hearing, which shall be available for public inspection at the
Tukwila Department of Co=unity Development.
(Ord. 206791(part), 2004)
8.45.170 Determination, Findings of Fact, and Order
Within ten day:; of the complaint hearing, the Improvement Officer shall issue a
Determination, Findings of Fact, and Order stating the Improvement Officer's
determination as to whether the subject dwelling, building, structure or premises
is unfit for human habitation or other use, the findings of fact supporting the
determination, and an order specifying the actions necessary to address any
unfitness and a deadline for completing the actions. The Determination, Findings
of Fact, and Order shall be served and posted as set forth in TMC 8.45.150, and if
no appeal is filed ,vithin the deadline specified in TMC 8.45.180, a copy of the
Determination, Findings of Fact, and Order shall be filed ,vith the King County
Auditor.
(Ord. 206791(part), 2004)
8.45.180 Appeal to Appeals Commission
Within 30 days of service of a Detennination, Findings of Fact, and Order, any
party may file an appeal to the Appeals Commission. Such an appeal shall be
governed by the City of Tuk\vila Hearing Examiner's procedural rules, except that
the Appeals Commission shall conduct a hearing on the appeal and issue a ruling
,vithin 60 days from the date the appeal is filed; and if the Appeals Commission
issues any oral :findings of fact, the rnling sball contain a transcript of such
findings in addition to any findings issued at the time of the ruling. The ruling
shall be served and posted as set forth in TMC 8.45.150, and ifno appeal is filed
\vithin the deadline specified in ThlC 8.45.190, a copy of the ruling shall be filed
with the King County Auditor.
(Orc!. 206791 (part), 2004)
8.45.190 Appeal to Superior Court
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Any person affected by a Determination, Findings of Fact, and Order issued by
the Improvement Officer, who has brought an appeal before the Appeals
Commission pursuant to TMC 8.45.180 may, 'within 30 days after the Appeals
Commission's ruling has been served and posted pursuant to TMC 8.45.150,
petition the King County Superior Court for an injIDlction restraining the
lmproyement Officer rrom carrying out the provisions of the Determination,
Findings of Fact, and Order. In all such proceedings, the Court is authorized to
affirm, reverse or modify the order, and such trial shall be heard de novo.
(Ord. 2067 ffl(part), 2004)
8.45.200 RemediationIPenalties
If a party, following exhausti.on of the party's rights to appeal, fails to comply
with the Determination, Findings of Fact, and Order, the Officer may direct or
cause the subject dwelling, building, structure or premises to be repaired, altered,
improved, vacated, and closed, removed, or demolished pursuant to RCW Chapter
35.80.
(Ord. 2067 ffl(part), 2004)
8.45.210 Tax Lien
The cost of any action taken by the Improyement Officer under TMC 8.45.200
shall be assessed against the subject property pursuant to RCW Chapter 35.80.
Upon certification by the City of Tukwila Finance Director that the assessment
amount is due and owing, the King Co~ty Treasurer shall enter the amount of
such assessment upon the tax roils against the subject property pursuant to the
provisions ofRCW 35.80.030.
(Ord. 2067 ffl(part), 2004)
8.45.220 Salvage
Materials rrom any dwelling, building, structure, or premises remoyed or
demolished by the Improvement Officer shall, ifpossible, be salvaged and sold as
if the materials were surplus property of the City of Tukwila, and the funds
receiyed ITom the sale shall be credited against the cost of the remoyal or
demolition; and if there be any balance remaining, it shall be paid to the parties
entitled thereto, as determined by the Improvement Officer, after deducting the
costs incident thereto.
COrd. 2067 ff 1 (part), 2004)
Section 2. Severability Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
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FMPPS\.C[v\11JK\VIU'D~\.,,{ciru-..cc Cod:.dodMEiUf.l14.lQi5I
otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or
federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall be published in the official newspaper of
the City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF , 2006, AND SIGNED IN AUTHENTICATION OF ITS
PASSAGE TIllS DAY OF ,2006.
CITY OF TUKWILA
Mayor Steven M. Mullet
ATTEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to form:
Shelley Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council.
Ordinance No.
Date of Publication:
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