HomeMy WebLinkAboutPS 2017-09-05 COMPLETE AGENDA PACKETCity of Tukwila
Public Safety Committee
O Thomas McLeod, Chair
O Joe Duffie
O De'Sean Quinn
Distribution:
Recommended Action
T. McLeod
Mayor Ekberg
J. Duffle
D. Cline
D. Quinn
C. O'Flaherty
D. Robertson
L. Humphrey
TUESDAY, SEPTEMBER 5, 2017 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
City legislation updating the Tukwila Municipal Code (TMC)
Forward to 9/11 C.O.W. and
Pg.1
relating to code enforcement and violations:
9/18 Regular Mtg.
(1) An ordinance reenacting TMC Chapter 8.45,
Pg.5
"Enforcement."
(2) An ordinance establishing a new TMC Chapter 8.48,
Pg•21
"Unfit Dwellings, Buildings and Structures."
(3) An ordinance incorporating code amendments related
Pg•27
to updates to TMC Chapter 8.45, 'Enforcement."
(4) A resolution adopting a fee schedule related to TMC
Pg.45
Chapters 8.45 and 8.48.
Nora Gierloff, Deputy Community Development Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, September 18, 2017
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800(TukwilaCityClerk@TukwilaWA.aov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
TO:
Public Safety Committee
FROM:
Jack Pace, DCD Director
BY:
Nora Gierloff, Deputy DCD Director
CC:
Mayor Ekberg
DATE:
August 29, 2017
SUBJECT:
Code Enforcement Process Update
ISSUE
Should TMC Chapter 8.45 and other code sections that reference it be revised to update and
streamline the code enforcement process?
BACKGROUND
TMC Chapter 8.45 Enforcement contains two alternatives for enforcing violations of the Tukwila
Municipal Code — civil infractions and violation notice and orders. Either process is available to
the City staff pursuing the violation. The proposed changes would move all future DCD Code
Enforcement actions to the Notice of Violation process. Civil infractions would still be available
to the Police Department.
In the past our Code Enforcement Officers had received limited commissions from the Police
Department and used a police ticket book to write civil infractions (fines) for some code
violations. This was cumbersome for Code Enforcement, confusing for the public who received
what looks like a traffic ticket in the mail and required that these infractions pass through the
Police Department before moving to the Municipal Court. Code Enforcement has been working
with the Prosecutor and City Attorney to develop a more streamlined and effective enforcement
process.
DISCUSSION
After reviewing the current code provisions Code Enforcement staff and the City Attorney have
developed a more efficient approach using the Notice of Violation and Order process. Appeals
are held by the Hearing Examiner so do not require the involvement of the Police Department or
the Courts, speeding review times. Other changes include:
• Codifying our current practice of sending a courtesy "Request for Compliance" letter on
new violations
• Adding a repeat violator clause that allows us to move directly to a Notice of Violation
with increased penalties
• Removing the extra step of issuing an Emergency Order for urgent violations
• Moving appeal fees into a separate fee resolution so that they can eventually be
included in a Citywide fee schedule
• Increasing appeal fees to cover the City's cost as they were unchanged since 2006
• Adding a Notice of Assessment to provide due process for appeals of fines
• Creating a separate Chapter 8.48 for the Unfit Dwellings, Buildings and Structures
regulations
• Updating references to Chapter 8.45 and removing certain references to civil infractions
throughout the Tukwila Municipal Code
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
No budget changes requested.
RECOMMENDATION
The Council is being asked to approve the ordinances and resolution and consider these items
at the September 11, 2017 Committee of the Whole meeting and on the consent agenda at the
subsequent September 18, 2017 Regular Meeting.
ATTACHMENTS
A. Code Enforcement Process Flyer
B. Ordinance Repealing and Replacing TMC 8.45
C. Ordinance Establishing a new Chapter 8.48
D. Ordinance Amending Various TMC Sections that Reference TMC 8.45
E. Appeal Fee Resolution
Z:1Council Agenda ItemsOMPS 9-5-17 CE Ordinances.docx
2
TUKWILA
Department of Community Developnent
CODE ENFORCEMENT- FLOWCHART
CITY OF
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING VARIOUS ORDINANCES
AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 8.45,
"ENFORCEMENT"; REENACTING TUKWILA MUNICIPAL CODE
CHAPTER 8.45, "ENFORCEMENT," TO CLARIFY AND
STREAMLINE THE CODE ENFORCEMENT PROCESS; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal
code is essential to maintaining and enhancing the quality of life in the City; and
WHEREAS, the City Council desires to update and streamline the enforcement process
for code violations, while maintaining due process for property owners, residents and
businesses; and
WHEREAS, addressing most code violations through the Notice of Violation and Order
process will allow for more timely and efficient resolutions; and
WHEREAS, the City Council desires to provide an accelerated enforcement process
with higher penalties for repeat code violators; and
WHEREAS, the City Council desires to retain the ability of Code Enforcement Officers
to tailor enforcement penalties and timelines to address the specific facts of a case, while
maintaining consistency and predictability; and
WHEREAS, the City Council desires to address unfit dwellings, buildings and structures
in a separate chapter of the Tukwila Municipal Code; and
WHEREAS, as a procedural action, this ordinance is exempt from State Environmental
Policy Act (SEPA) review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Repealer. Ordinance No. 1838 §2, as codified in multiple sections of
Tukwila Municipal Code (TMC) Chapter 8.45, "Enforcement" (TMC Sections 8.45.010,
8.45.020, 8.45.030, 8.45.040, 8.45.050, 8.45.060, 8.45.070, 8.45.080, 8.45.090 and
8.45.100), is hereby repealed.
Section 2. Repealer. Ordinance No. 2120 §2, as codified at TMC Section 8.45.090,
"Appeal to Hearing Examiner," is hereby repealed.
Section 3. Repealer. Ordinance No. 2125, as codified in multiple sections of TMC
Chapter 8.45, "Enforcement" (TMC Sections 8.45.010, 8.45.040, 8.45.045, 8.45.050,
8.45.060, 8.45.080, 8.45.090, 8.45.100 and 8.45.105), is hereby repealed.
Section 4. Repealer. Ordinance No. 2373, as codified at TMC Section 8.45.030,
"Violations," is hereby repealed.
Section 5. TMC Chapter 8.45 Reenacted. Tukwila Municipal Code (TMC) Chapter
8.45 is hereby reenacted to read as follows:
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Page 2 of 16
CHAPTER 8.45
ENFORCEMENT
Sections:
8.45.010
Purpose
CGGpe
8.45.92-0
8.45.C -?,020
Violations
8.45. ,4zx::.030
Enforcement
8.45.040,5
Voluntary Correction and Limited Right to Enter Property
8.45.050
Investigation and Request for Compliance
8.45.060
Civil Infraction
8.45.070
-AuiatK-Notice of Violation and Order
8.45.080
Repeat Violations
8.45.07-0090
Stop Work Orders
8,45.08G1 00
AbatementE-R���
8.45.090110
Appeal To Hearing Examiner
8.45.4-00120
Penalties
8.45.4-0-5130
Abatement by the City
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Page 2 of 16
Section 6. TMC Section 8.45.010 is hereby reenacted to read as follows:
8.45.010 Purpose
The purpose of TMC Chapter 8.45 is to establish an efficient system to enforce the
development, land use, and public health regulations of the City; to provide an opportunity
for a prompt hearing and decision on alleged violations of these regulations; to establish
penalties for violations, including abatement of any affected properties; and to collect all
costs associated with abatement, including relocation/assistance expenses, pursuant to
TMC Chapter 8.46.
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Section 7. TMC Section 8.45.020 is hereby reenacted to read as follows:
8.45. 020 Violations
A. 'Fa I lure to comply with anV applicable civil provision of the Tukwila Municipal
Code shallbe enforced through the procedures set forth in TMC Chapter 8.45. In the
event of a conflict between this chapter and any other provision of the Code, the more
specific provision shall apply.
B. In addition to specific civil violations enumerated throughout the Tukwila
Municipal Code, the following actions are unlawful and are subject to enforcement
through this chapter:
1. 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 without first obtaining
the permits or authorizations required for the use by the applicable provisions of any of
the Tukwila Municipal Code.
- --2. 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 permitted by the terms of any permit or authorization issued
pursuant to the applicable provisions of the Tukwila Municipal Code.
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---3. It is unlawful to remove or deface any sign, notice, complaint or order
required by or posted in accordance with TMC Chapter 8.45.
24. It is unlawful to misrepresent any material fact in any application, plans, or
other information submitted to obtain any building or construction authorization 3 e'k-
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Section 8. TMC Section 8.45.030 is hereby reenacted to read as follows:
8.45. 030 Enforcement
A. The Code Enforcement Officer(s) is/are 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
TMC Chapter 8.45. 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 Officer may seek assistance from outside agencies or private
contractors, should the need exist. As used in TMC Chapter 8.45, "Code Enforcement
Officer" shall also mean his or her duly authorized designee.
C. TMC Chapter 8.45 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 TMC Chapter 8.45 to place the obligation for complying with its
requirements upon the owner, occupier, tenant, manager, 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 TMC Chapter 8.45 is intended to impose any
duty upon the City or any of its officers or employees WhiGh-that would subject them to
damages in a civil action.
F. `Person responsible for the condition" and "person responsible," as used in this
chapter means any person who is required by the applicable regulation to comply
therewith, or who commits any act or omission that is a violation or causes or permits a
violation to occur or remain upon property in the City, and includes but is not limited to
owner(s), lessor(s), tenant(s), manager(s), agent(s) or other person(s) entitled to control,
use and/or occupy property where a violation occurs.
Section 9. TMC Section 8.45.040 is hereby reenacted to read as follows:
8.45.04-6040 Voluntary Correction and Limited Right to Enter Property
A. APPLICABILITY. While it is the City's desire to obtain voluntary correction
pursuant to TMC Chapter 8.45, compliance is not a prerequisite for pursuing any of the
other remedies for correction in TMC Chapter 8.45, or any remedies available in law or
equity. This section may apply whenever the Code Enforcement Officer determines that
a nuisance or code violation has occurred or is occurring.
B. GENERAL. The Code Enforcement Officer may attempt to secure voluntary
correction by contacting the owner, occupier, tenant, manager, agent, or other person
responsible for the condition �,� ,
,
where possible, explaining the violation and requesting correction.
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C. VOLUNTARY CORRECTION AND LIMITED RIGHT OF ENTRY AGREEMENT.
A Voluntary Correction and Limited Right of Entry Agreement may be entered into
between the City of Tukwila — acting through the applicable department director — and the
owner, occupier, tenant, manager, agent, or other person responsible for the condition of
land and buildings situated within the City of Tukwila, for resolution of the violation. The
Voluntary Correction and Limited Right of Entry Agreement is a contract between the City
of Tukwila and the owner, occupier, tenant, manager, agent, or other person responsible
for the condition of land and buildings, under which such person agrees to abate the
violation cited by the City, within a specified time and according to specified conditions.
The Voluntary Correction and Limited Right of Entry Agreement may include the following:
1. The name and address of the person responsible for the violation;
2. The street address or other description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or is
occurring;
3. A description of the violation and a reference to the regulation that has been
violated;
4. The necessary corrective action to be taken, and a date or time by which
correction must be completed;
5. An agreement by the person responsible for the violation that the City may
inspect the premises as may be necessary to determine compliance with the Voluntary
Correction and Limited Right of Entry Agreement; and
6. An agreement by the person responsible for the violation that the City may
abate the violation, and recover its costs and expenses as described in TMC Section
9.45.85 8.45.130 and/or a monetary penalty pursuant to TMC Chapter 8.45 from the
person responsible for the violation, if the terms of the Voluntary Correction and Limited
Right of Entry Agreement are not satisfied.
Section 10. TMC Section 8.45.050 is hereby reenacted to read as follows:
8.45.050 Investigation and Request for Copliance,i
A. AUTHORITY. 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 perform the duties imposed by TMC
Chapter 8.45.
B. INVESTIGATION: The Code Enforcement Officer may investigate any structure
or use which he or she reasonably believes does not comply with the applicable standards
and requirements of the Tukwila Municipal Code.
C. REQUEST FOR COMPLIANCE: Upon receipt of a complaint regarding a
potential code violation of a non -emergency nature, the Code Enforcement Officer may
send a Request for Compliance to the owner, tenant, occupier, manager, agent, or other
person responsible for the alleged violation documenting the complaint and seeking
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voluntary compliance, The Code Enforcement Officer may issue a written Request for
Compliance in any manner reasonably - sufficient to give notice to the person(s)
responsible, such as by mail, e-mail or posting the Request on the subject property. The
Code Enforcement Officer may, in his or her discretion, issue multiple Requests for
Compliance in an attempt to resolve code violations prior to issuing a civil infraction,
Notice of Violation and Order or taking other enforcement action.
D. Nothing in this section prohibits the Code Enforcement Officer from immediately
issuing a civil infraction, Notice of Violation and Order or taking other enforcement action
without first issuing a Request for Compliance, when the circumstances warrant more
expeditious correction or when the person(s) responsible is a repeat offender.
Section 11. TMC Section 8.45.060 is hereby reenacted to read as follows:
X01 RFME
For violations deemed civil infractions, if a,,,#e+
the Code Enforcement 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 in accordance with Chapter 7.80 RCW, which is incorporated herein by this
reference, upon the = '- --- —�,,,,r - C- --person (s)
responsible for the condition.
Section 12. TMC Section 8.45.070 is hereby reenacted to read as follows:
t A. TIQA,�NOTICE OF VIOLATION AND ORDER:a�-taL, ve-ki, For all other
civil violations of the Tukwila Municipal Code. �4teX QY-�
upon the Code Enforcement Officer determining that a
violation of the TMC exists, the Code Enforcement Officer may serve a Vi_9_k-_1449�Notice
of Violation and Order upon the
person(s) responsible for the condition. The V -(,,1111,44 -Notice of Violation and Order shall
contain the following information:
1. A citation to the code provision or requirement
violated, along with a descrir)tion of the sDecific violation Dresent:
2. The corrective action, if any, that is necessary to comply with the standards,
code provision or requirement;
3. The date by which the corrective action(sl shall be completed by the
person(s) responsible ("compliance date"),,", and
4. An explanation of the appeal process and the specific information required
to file an appeal.
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SERVICE OFA b, NOTICE OF VIOLATION AND ORDER: A
Notice of Violation and Order shall be served on the ,DPkAl-P�f,
person(s) responsible for the condition by personal service
--
or, if after reasonable attempts personal service cannot be achieved, 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 and Order by first class mail to the last known address if known or, if unknown,
to the address of the property involved in the proceedings-, and
3. copy of the notice shall be posted at a conspicuous place
on the property, unless posting the notice is not physically possible.
4 C. AMENDMENT: A V,-4 4 --Notice of Violation and Order may be amended at
any time in order to:
Correct clerical errors; or
2. Cite additional authority for a stated violation.
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G -D. ORDER BECOMES FINAL UNLESS APPEALED.- Unless an appeal is filed with
the Code Enforcement Officer for hearing before the Hearing Examiner in accordance
with TMC Section 8.45.090A 8.45.110, the of Violation and Order shall
become the final administrative order of the Code Enforcement Officer.
E. RECORDING: A copy of the notice may be filed and recorded with the King
County Recorder.
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Page 8 of 16
Section 13. TMC Section 8.45.080 is hereby reenacted to read as follows:
A. DEFINITION. "Repeat violation" means a violation of the same or similar
regulation in any location by the same person responsible or on the same property for
which either: (1) voluntary compliance previously has been sought within two years - or
(2) a Notice of Violation and Order has been issued within two years.
B. PROCEDURE.- The Code Enforcement Officer may immediately issue a Notice
of Violation and Order when a reaeat violation occurs.
C. PENALTY: For repeat violations that occur within two years of a previous
violation, the Code Enforcement Officer or Hearing Examiner may impose the following
penalties:
1. For the first repeat violation, the penalty may equal up to $1,000 per dam
2. For the second repeat violation, the penalty may equal up to $2,000 per day;
3. For the third repeat violation, the penalty may equal up to $3,000 per da\;
4. For the fourth repeat violation, the penalty may equal up to $4,000 per dad
and
5. For each additional repeat violation that may occur beyond the fourth repeat
violation, the penalty may equal up to $5,000 per day.
Section 14. TMC Section 8.45.090 is hereby reenacted to read as follows:
8.45. 090 Stop Work Orders
Whenever a continuing violation of this Code will materially impair the Code
Enforcement Officer's ability to secure compliance 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 may be prosecuted with a Notice of
Violation and Order, and is hereby declared to be aup blic nuisance The Code
Enforcement Officer is authorized to enjoin or abate suchup blic nuisance summarily by
any legal or equitable means as may be available. The City shall assess the cost of
abatement, including any and all legal fees incurred by the City attendant thereto, and
any fine levied jointly and severally against the responsible parties, the subject property
or both. The costs for the injunction or abatement, including any and all penalties and
legal fees incurred by the City, shall be recovered by the City from the ,
E)GGHp t, manager, m et -^r ^+"or rnsneRsible person(s) responsible in the manner
provided by law.
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13
Section 15. TMC Section 8.45. 100 is hereby reenacted to read as follows:
TZMAr.r. I...
Any
condition or violation described in the EMeFrec RG, ' OrdeFa Notice of Violation and Order
which -that is not corrected within the time specified_ therein is hereby declared to be a
public nuisance 'The Code Enforcement Officer is authorized to enjoin or abate
such nuisance summarily by any legal or equitable means as may be available. The City
shall assess the cost of abatement, including any and all legal fees incurred by the City
attendant thereto, and any fine levied jointlV and severally against the responsible parties,
the subject property Or both. The costs for the injunction or abatement, including anV and
all penalties and legal fees incurred by the City, shall be recovered by the City from the
person(s) responsible, in the manner provided bV
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Section 16. TMC Section 8.45.110 is hereby reenacted to read as follows:
8.45. 110 Appeal to Hearing Examiner
A. The person(s) responsible � :r +,4v�.�-4=inamed on a
;�I: Notice of Violation and Order issued by the Code Enforcement Officer, pursuant
to TMC Sectiong.45.050 8.45.070, may an appeal c) - the Notice by requesting such
appeal within 10 calendar days afterserved with the Notice
pursuant to TMC Section -8 45.050 8.45.070. When the last day of the period so
computed is a Saturday, Sunday, or a Federal or City holiday, the period shall run until
4:30 PM on the next business day. The request shall be in writing and include the
applicable appeal fee as specified in the City's fee schedule adopted by resolution of the
City Council. Upon receipt of the appeal request, the Code Enforcement Officer 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 T -mon --Notice of Violation and
Order under the procedures described in TMC Section 8.4 5.058F= 8.45.070, or as may be
otherwise requested by the appealing party.
tafQC)1ajIC)ir_j`4eth..(;ent-t (DSds�F..7d1 c3iti LDjd-...Z.opr�'_Frafl�3e SjCr4.`��';
GB. At or after the appeal hearing, the Hearing Examiner may:
Sustain the °<i! Notice of Violation and Order;
2. Withdraw the V c;a= cs-Notice of Violation and Order;
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14
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the 4-:4�-=-Notice of Violation and Order, which may include an
extension of the compliance date.
Q -C. The Hearing Examiner shall issue a written decision within 14 days of the date
of the completion of the review, and shall cause the same to be sent to the person(s)
named on the Notice of Violation and Order under the same procedures
described in TMC Section.45-050E 8.45.070 or as otherwise directed by the appealing
party.
;=D. The decision of the Hearing Examiner shall be final and conclusive unless
appealed. An appeal of the decision of the Hearing Examiner must be filed with superior
court within 21 calendar days from the date the Hearing Examiner's decision was mailed
to the person(s) responsible to whom the Notice of Violation and Order was directed, or
is thereafter barred., >^ wk �r
-app-e-311of -d
,hee o i:�@1,
the , r'..- irF T; -,I ,".--a r I -S rl
cost for transcription of all records ordered certified by the superior court for such review
shall be borne by the appellant.
Section 17. TMC Section 8.45.120 is hereby reenacted to read as follows:
8.45.4-W120 Penalties
A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE.-
1.
ODE:
1. Civil Infraction 11, > �
_, b .
rC" R4414', ,-,
5 -- Each civil infraction 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.
2. A4 �,4.-,4)-�--Notice of Violation and Order.
_4-4A ' — Notice of Violation
and Order @- -shall carry with it a cumulative monetary penalty of$508-99 $250.00 per
day for each violation from the compliance until compliance with the
` 4a4 -Notice Of Violation and Order is achieved.
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The Code Enforcement Officer shall have the discretion to impose
penalties in an amount lower than those set forth abeveherein taking into account the
mitigating factors described below: -
impacts?
(1) Was the responsible party willful or knowing of the violation?
(2) Was the responsible party unresponsive in correcting the violation?
(3) Was there improper operation or maintenance?
(4) Does the violation provide economic benefit for noncompliance?
(5) Does the discharge result in adverse economic impact to others?
(6) Will cleanup activities be able to fully mitigate or remediate the
(7) Is there a history of violations?
(8) Were there unforeseeable circumstances that precluded
(9) Did the responsible party make a good -faith effort to comply?
3. Liability for Damages: In addition to any penalty that may be imposed by the
City, any person violating or failing to comply with any of the provisions of the Tukwila
Municipal Code shall be liable for all damage to public or private property arising from
such violation, includina the cost of restorina the affected area to its condition r)rior to the
violation
4. Responsibility for violations of the codes enforced under this chapter and the
penalties imposed in this section are ioint and several, and the City is not prohibited from
taking action against a party where other persons may also be potentially responsible for
a violation, nor is the Citv required to take action aqainst all persons Potentialiv
responsible for a violation
.'.'5 Notice of Assessment: Within 30 days of the compliance date, either set b
a Notice of Violation and Order or an Order of the Hearing Examiner, whichever is later,
the Code Enforcement Officer shall issue a Notice of Assessment identifying the penalties
imposed under this chapter for any remaining uncorrected violations, as well as any other
costs and/or damages assessed against the person(s) responsible, pursuant to this
chapter. Notices of Assessment shall be served in the same manner as service of a
Notice of Violation and Order.
a. Assessment Appeal: A person receiving a Notice of Assessment may
appeal the fines stated therein within 10 calendar daVs after the date the Notice is served.
When the last day of the period so computed is a Saturday, Sunday, or a Federal or City
holidaV, the period shall run until 4:30 Pm on the next business day. The request shall be
in writing and include the applicable appeal fee as identified in the City's fee schedule
adopted by resolution of the City Council. Upon receipt of the appeal request, the Code
Enforcement Officer 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
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Notice of Assessment under the same manner as the procedures described in TMC
Section 8.45.070B, or as may be otherwise requested by the appealing partv,
b. Appeal Hearing: At or after the appeal hearing, the Hearing Examiner
may sustain the assessment, withdraw the assessment if the violation(s) have been
corrected or reduce the assessment amount. The Hearing Examiner shall issue a written
decision within 14 days of the date of the completion of the review, and shall cause the
same to be sent to the person(s) named on the Notice of Assessment under the same
procedures described in TMC Section 8.45.0708, or as otherwise directed by the
appealing party.
c. The decision of the Hearing Examiner shall be final and conclusive
unless appealed. Any judicial review of the Hearing Examiner's order shall be brought in
superior court within 21 days of issuance of the Hearing Examiner's decision.
d. Subsequent Notices of Assessment: The Code Enforcement Officer
shall issue additional notices of assessment in 30 -day increments until a violation is
corrected. Each subsequent notice of assessment may be appealed in the same manner
as described in TMC Section 8.45.110; provided, however, that any such appeal shall be
limited to only those penalties incurred since the issuance of the preceding Notice of
Assessment
G6. The penalty imposed by this section under a '1,,L�-'.,,4�4-Notice of Violation and
Order 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 to attachment of a
lien to the property.
B. ADDITIONAL RELIEF: 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 Tukwila Municipal Code. The remedies provided in
TMC Chapter 8.45 are cumulative and shall be in addition to any other remedy provided
by law.
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Q'C. CONTINUED DUTY TO CORRECT. Payment of a monetary penalty pursuant
to TMC Chapter 8.45 does not relieve the person to whom the Infraction or
Notice of Violation and Order was issued of the duty to correct the violation.
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Section 18. TMC Section 8.45.130 is hereby reenacted to read as follows:
8.45.44)5130 Abatement by the City
A. ABATEMENT. The City may abate nuisance or code violations when:
1. The terms of the Voluntary Correction and Limited Right of Entry Agreement
have not been met; or
2. A '\y'G4�2i-Notice of Violation and Order has been issued and the required
correction has not been completed by the date specified in the '-im-Notice of Violation
and Order;
3. A written decision issued by the City's Hearing Examiner has not been
complied with by the date specified in the written decision; or
4. The nuisances or code violations are subject to summary abatement as
provided for in TMC Section 8.45.105B 8.45.130B.
B. SUMMARY ABATEMENT. Whenever any 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 may summarily and without prior
notice abate the condition. Notice of such abatement, including the reason for it, shall be
given to the person responsible for the violation as soon as reasonably possible 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 cure 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�r1
+ person responsible for the condition of land and buildings.
C. AUTHORIZED ACTION BY THE CITY. Using any lawful means, the City may
enter upon the subject property and may remove or correct the condition that is subject
to abatement. Prior to or during such abatement, the City may seek such judicial process
as it deems necessary to effect the removal or correction of such condition, including but
not limited to obtaining an injunction or warrant of abatement.
D. INTERFERENCE. Any person who knowingly obstructs, impedes, or interferes
with the City or its agents, or with the person responsible for the violation, in the
performance of duties imposed by TMC Chapter 8.45, shall be guilty of a misdemeanor
punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.00.
E. RECOVERY OF COSTS AND EXPENSES. All costs and expenses incurred by
the City during abatement of 1i r -code violations shall be -assessed to the
YAR r i persons responsible for the condition
and responsibility for all costs and expenses is joint and several.
Such costs and expenses may include, but are not limited to, the following Dnc
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IN
1. "Legal expenses," for purposes of TMC Chapter 8.45, 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 to abate nuisances and code
violations;
b. Actual and incidental expenses and costs incurred by the City in
preparing notices, contracts, court pleadings, and all other necessary documents required
to abate nuisances and code violations; and
c. All costs associated with retention and use of expert witness or
consultants during the course of abatement.
2. "Abatement expenses," for purposes of TMC Chapter 8.45, shall include but
are not limited to the following:
a. Costs incurred by the City for preparation 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 Examiner
or a Court of competent jurisdiction-,
c. All costs incurred by the City for hauling, storage, disposal or removal of
vegetation, trash, debris, dangerous structures or structures unfit for human habitation
pursuant to the International Building Code and/or International Property Maintenance
Code, potential vermin habitat or fire hazards, junk vehicles, obstructions to the public
right-of-way, and setback obstructions-,
d. All costs incurred by law enforcement or related enforcement agencies
necessary to assist the City during abatement of nuisance or code violations; and
e. All relocation/assistance costs pursuant to TMC Chapter 8.46.
F. INTEREST. All costs incurred by the City during abatement of nuisance and
code violations may include interest in amount as prescribed by law.; � a
t r % ":� + }i i '�� r��; 7^�-�'-...t �-�v H -4d -'-`e *-;4=`44��---�4
G. LIEN — AUTHORIZED. The City shall have a lien for any monetary penalty
imposed, the cost of any abatement proceedings under TMC Chapter 8.45, and all other
related costs including attorney and expert witness fees, against the real property on
which the monetary penalty was imposed or any of the work of abatement was performed.
Section 19. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
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Section 20. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 21. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 16 of 16
}� 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2067,
AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL
CODE CHAPTER 8.45, "ENFORCEMENT"; ADOPTING A NEW
CHAPTER OF THE TUKWILA MUNICIPAL CODE TO
CONSOLIDATE PROCEDURES FOR ENFORCEMENT ISSUES
RELATED TO UNFIT DWELLINGS, BUILDINGS AND
STRUCTURES, TO BE CODIFIED AS TUKWILA MUNICIPAL
CODE CHAPTER 8.48; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal
code is essential to maintaining and enhancing the quality of life in the City; and
WHEREAS, the City Council desires to update and streamline the enforcement process
for code violations, while maintaining due process for property owners, residents and
businesses; and
WHEREAS, the City Council desires to address unfit dwellings, buildings and structures
in a separate chapter of the Tukwila Municipal Code; and
WHEREAS, as a procedural action, this ordinance is exempt from State Environmental
Policy Act (SEPA) review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2067, as codified in multiple sections of TMC
Chapter 8.45, "Enforcement" (TMC Sections 8.45.110, 8.45.120, 8.45.130, 8.45.140,
8.45.150, 8.45.160, 8.45.170, 8.45.180, 8.45.190, 8.45.200, 8.45.210 and 8.45.220), is
hereby repealed in its entirety.
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Section 2. Chapter 8.48 of the Tukwila Municipal Code Established. A chapter
of the Tukwila Municipal Code entitled "Unfit Dwellings, Buildings and Structures," to be
codified as Tukwila Municipal Code (TMC) Chapter 8.48, is hereby established to read as
follows:
CHAPTER 8.48
UNFIT DWELLINGS, BUILDINGS AND STRUCTURES
Sections:
8.48.010 Additional Enforcement Mechanism for Unfit Dwellings, Buildings
and Structures
8.48.020 Improvement Officer and Appeals Commission Designated
8.48.030 Improvement Officer Authority — Issuance of Complaint
8.48.040 Service of Complaint
8.48.050 Complaint Hearing
8.48.060 Determination, Findings of Fact, and Order
8.48.070 Appeal to Appeals Commission
8.48.080 Appeal to Superior Court
8.48.090 Recommendation/Penalties
8.48.100 Tax Lien
8.48.110 Salvage
Section 3. The TMC section entitled "Additional Enforcement Mechanism" is hereby
recodified as TMC Section 8.48.010, to read as follows:
8.46.110 8.48.010 Additional Enforcement Mechanism for Unfit Dwellings,
Buildings and Structures
A. In addition to, and in combination with, the enforcement methods set forth in TMC
Chapter 8.45 and elsewhere in the Tukwila Municipal Code, unfit dwelling, building and
structure violations, as defined by Chapter 35.80 RCW,
ca,de may be enforced under the provisions set forth in = rl 8- �, a 11 f, e�M 0-r)
8-4,,. 2� '-this chapter.
B. RCW Chapter 35.80, "Unfit Dwellings, Buildings, and Structures", as it currently
exists or is hereinafter amended, is hereby adopted.
Section 4. The TMC section entitled "Improvement Officer and Appeals Commission
Designated" is hereby recodified as TMC Section 8.48.020, to read as follows:
8.45.130 8.48.020 Improvement Officer and Appeals 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 Chapter 35.80 RCW. The City of Tukwila Hearing Examiner
is designated as the City's "Appeals Commission," and shall have the full scope of
authority granted to that commission under Chapter 35.80 RCW.
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Section 5. The TMC section entitled "Improvement Officer Authority — Issuance of
Complaint" is hereby recodified as TMC Section 8.48.030, to read as follows:
9.46.140 8.48.030 Improvement Officer Authority — Issuance of Complaint
If, after a preliminary investigation of any dwelling, building, structure or premises,
the Improvement Officer finds that it is unfit for human habitation or other use, the
Improvement Officer may issue a complaint conforming to the provisions of RCW
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 Tukwila 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.
Section 6. The TMC section entitled "Service of Complaint" is hereby recodified as
TMC Section 8.48.040, to read as follows:
8.48.040 Service of Complaint
A complaint issued under = 4; -this chapter u 4�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.
Section 7. The TMC section entitled "Complaint Hearing" is hereby recodified as
TMC Section 8.48.050, to read as follows:
8.48.050 Complaint Hearing
Not less than 10 days nor more than 30 days 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
witnesses, 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 Community Development.
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Section 8. The TMC section entitled "Determination, Findings of Fact, and
Order" is hereby recodified as TMC Section 8.48.060, to read as follows:
8.48.060 Determination, Findings of Fact, and Order
Within 10 days 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 Sections.45.159 8.48.040, and if no appeal is filed within
the deadline specified in TMC Section645-1R9 8.48.070, a copy of the Determination,
Findings of Fact, and Order shall be filed with the King County Auditor.
Section 9. The TMC section entitled "Appeal to Appeals Commission" is hereby
recodified as TMC Section 8.48.070, to read as follows:
8.48.070 Appeal to Appeals Commission
Within 30 days of service of a Determination, 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 Tukwila Hearing Examiner's procedural rules, except that the Appeals Commission
shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the
appeal is filed; and if the Appeals Commission issues any oral findings of fact, the ruling
shall 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 Section6-45. 0
8.48.040, and if no appeal is filed within the deadline specified in TMC Section 8.4 5.190
8.48.080, a copy of the ruling shall be filed with the King County Auditor.
Section 10. The TMC section entitled "Appeal to Superior Court" is hereby recodified
as TMC Section 8.48.080, to read as follows:
.199 8.48.080 Appeal to Superior Court
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 Section8.45.188 8.48.070 may, within 30 days after the Appeals
Commission's ruling has been served and posted pursuant to TMC Sectiong.45. 0
8.48.040, petition the King County Superior Court for an injunction restraining the
Improvement Officer from 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.
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Section 11. The TMC section entitled "Remediation/Penalties" is hereby recodified
as TMC Section 8.48.090, to read as follows:
8.45.2008.48.090 Remediation/Penalties
If a party, following exhaustion of the party's rights to appeal, fails to comply with the
Determination, Findings of Fact, and Order, the Improvement 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 Chapter 35.80 RCW.
Section 12. The TMC section entitled "Tax Lien" is hereby recodified as TMC Section
8.48.100, to read as follows:
8.46.210 8.48.100 Tax Lien
The cost of any action taken by the Improvement Officer under TMC Section8.4 5.200
8.48.090 shall be assessed against the subject property pursuant to Chapter 35.80 RCW.
Upon certification by the City of Tukwila Finance Director that the assessment amount is
due and owing, the King County Treasurer shall enter the amount of such assessment
upon the tax rolls against the subject property pursuant to the provisions of RCW
35.80.030.
Section 13. The TMC section entitled "Salvage" is hereby recodified as TMC Section
8.48.110, to read as follows:
8."0�0 8.48.110 Salvage
Materials from any dwelling, building, structure, or premises removed or demolished
by the Improvement Officer shall, if possible, be salvaged and sold as if the materials
were surplus property of the City of Tukwila, and the funds received from the sale shall
be credited against the cost of the removal or demolition; and 4, t � — any balance
remaining, --41 shall be paid to the parties entitled thereto, as determined by the
Improvement Officer, after deducting the costs incident thereto.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 15. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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25
Section 16. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of )2017.
ATTEST/AUTH E NTI CATE D:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
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Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 6 of 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES
AS CODIFIED IN MULTIPLE TITLES OF THE TUKWILA
MUNICIPAL CODE, TO INCORPORATE HOUSEKEEPING CODE
AMENDMENTS RELATED TO UPDATES TO TUKWILA
MUNICIPAL CODE CHAPTER 8.45, "ENFORCEMENT;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council finds that effective enforcement of Tukwila's municipal
code is essential to maintaining and enhancing the quality of life in the City; and
WHEREAS, the City Council desires to update and streamline the enforcement process
for code violations, while maintaining due process for property owners, residents and
businesses; and
WHEREAS, addressing most code violations through the Notice of Violation and Order
process will allow for more timely and efficient resolutions; and
WHEREAS, updates to Tukwila Municipal Code Chapter 8.45, "Enforcement," require
correcting references to that chapter throughout other sections of the Tukwila Municipal
Code -,and
WHEREAS, as a procedural action this ordinance is exempt from State Environmental
Policy Act (SEPA) review;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Ordinance No. 2315 §1 (part), as codified at Tukwila Municipal Code
(TMC) Section 5.04.114, "Violations," is hereby amended to eliminate TMC Section
5.04.114, "Violations," in its entirety.
Section 2. Ordinance No. 2315 §1 (part), as codified at TMC Section 5.04.115,
"Penalties," is hereby amended to read as follows:
5.04.115 Penalties
Any violation of this chapter, or failure to comply with any of the requirements of this
chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter
8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070
Section 3. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.200,
"Penalties," is hereby amended to read as follows:
5.06.200 Penalties
A. Violations of the provisions of this chapter shall be subject to enforcement and
enalties as prescribed in TMC Chaoter 8.45 and the issuance of a Notice of Violation in
accordance with TMC Section 8.45.070
y-
B. Any violation of this chapter that constitutes an immediate health or safety threat
shall constitute a public nuisance.
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�� iii `-rfi" ....-r���''� #=-%��l �-�I L --i �1-�rrcmt � c�n-y—�-✓=� r�C`��� 4� 5--�-r,� ��—��---1:�`' �'ri 1--� i� �'"`-- C—E3f� - -E3 ��-4�-c�-I-S
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-F-, In addition to penalties -4b G4e, the City shall not issue or shall revoke the
unit's business license and require that the unit be vacated until the unit is brought into
compliance.
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Section 4. Ordinance No. 2293 §16, as codified at TMC Section 8.22.150, "Violation
— Penalty," subparagraph A, is hereby amended to read as follows:
8.22.150 Violation — Penalty
A. Every person, entity, firm or corporation who is determined to be in violation of
this chapter has committed a civil infraction and shall be subject to the provisions of TMC
Section 9.4 5.050 8.45.060. The monetary penalties are set forth below:
1. First civil penalty, $250.00.
2. Second civil penalty, $500.00.
3. Third and subsequent violations shall be misdemeanors, the maximum
penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and
imprisonment.
4. At such time that two civil penalties have been assessed within a one-year
period, City -issued permits and/or licenses for the site or the site activity may be
suspended or revoked until the condition is corrected.
5. Each day that a property or person is not in compliance with the provisions
of this chapter may constitute a separate violation of this chapter.
Section 5. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.010,
"Definitions," is hereby amended to read as follows:
8.24.010 Definitions
As used in TMC Chapter 8.24, the following definitions shall have the meanings set
forth below:
1. "Code Enforcement Officer" is Tukwila's Code Enforcement Officer or his or
her designee as set forth in TMC Section 8.45.049 8.45.030, or an officer of the Tukwila
Police Department.
2. "Hearing Examiner" is that person authorized by TMC Chapter 2.76 to hear
appeals and other matters as set forth therein, or his or her designee.
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3. "Junk vehicle" is a vehicle that meets three or more of the following
requirements:
a. Is three years old or older;
b. Is extensively damaged, such damage including but not limited to any of
the following: a broken window or windshield; or missing wheels, tires, motor, or
transmission;
c. Is apparently inoperable;
d. Is without valid, current license plates or is unregistered; or
e. Has an approximate fair market value equal only to the approximate
value of the scrap in it. "Junk vehicle" also includes a partially disassembled vehicle or
individual parts of vehicles no longer attached to one another.
4. "Repeat violator" is a person, entity or agent thereof, who has received a
a Notice of Violation, _for the same
property two times within one calendar year.
Section 6. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.030,
"Violation Notification Process," is hereby amended to read as follows:
8.24.030 Violation Notification Process
4-A. The Code Enforcement Officer is authorized to issue and serve a Civil 'RfFaGt'
Notice of Violation pursuant to TMC
Section8.45-8508 8.45.070; upon reasonable belief that a violation of one or more
provisions of TMC Chapter 8.24 has occurred.
2B.- The Notice of Violation shall be issued to the property
owner of record upon which land, as shown on the last equalized assessment roll, a
vehicle deemed to be in violation of TMC Chapter 8.24 is located; and to the last
registered and legal owner of record of such vehicle, unless the vehicle is in such
condition or location that identification numbers are not available or accessible by the
Code Enforcement Officer to determine ownership.
3C. The Notice of Violation shall be delivered by mailing a
copy to such person, at his/her last known address as
determined by the Code Enforcement Officer.
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Page 4 of 17
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5D. A Notice of Violation shall contain substantially the following information:
a1. The name and address of the person to whom the Notice of Violation is
issued;
t)2. The location of the subject property by address or other description sufficient
for identification of the subject property;
G3. A description of the vehicle and its location, and the reasons for which the
City deems it to be a public nuisance in violation of TMC Chapter 8.24;
d4. A statement of the corrective action that the Code Enforcement Officer
believes necessary to comply with the provisions of TMC Chapter 8.24, and a date by
which compliance is required in order to avoid further enforcement action by the Code
Enforcement Officer;
e5. A statement that if any of the persons to whom the Notice of Violation is
issued wish to contest the Notice of Violation, they must request a hearing before the
Hearing Examiner pursuant to TMC Section 8.24.040;
f6. A statement that if the persons to whom the Notice of Violation is issued fail
to complete the corrective action and provide notice of same to the Code Enforcement
Officer by the date for compliance specified in the Notice of Violation, fail to appear at the
hearing, or fail to demonstrate at the hearing that the Notice of Violation should not be
sustained, the City or its designee shall remove, impound and dispose of or sell the
vehicle, and will assess all costs of administration and removal against the owner of the
property upon which the vehicle is located or otherwise attempt to collect such costs from
the owner of the vehicle; and
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g7.A statement that the owner of the land upon which the vehicle is located may
provide a written statement, in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land with his or her reasons for the
denial, as provided in TMC Section 8.24.040.
Section 7. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.040,
"Hearing," is hereby amended to read as follows.-
8.24.040
ollows:
8.24.040 Hearing
A hearing on a Notice of Violation shall be held before the Hearing Examiner in
accordance with the provisions set forth in TMC Section 8.45.99() 8.45.110, and the
Hearing Examiner shall have the same powers as set forth therein. The time limit for an
appeal of a Notice of Violation is 10 days as set forth in TMC Section
8.45.110.A. If a request for a hearing is received, a notice giving the time, location and
date of the hearing shall be mailed, by certified mail with a five-day return receipt
requested, to the owner of the land as shown on the last equalized assessment roll, and
to the vehicle's last registered and legal owner of record, unless the vehicle is in such
condition that identification numbers are not available to determine ownership. The owner
of the land on which the vehicle is located may appear in person at the hearing or present
a written statement in time for consideration at the hearing, and deny responsibility for the
presence of the vehicle on the land, with his or her reasons for the denial. If it is
determined at the hearing that the vehicle was placed on the land without the consent of
the landowner and that he/she has not subsequently given consent without protest in the
presence of the vehicle, then the Hearing Examiner shall not assess costs of
administration or removal of the vehicle against the property upon which the vehicle is
located or otherwise attempt to collect the cost from the property owner.
Section 8. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.050,
"Order of the Hearing Examiner—Violation," is hereby amended to read as follows:
8.24.050 Order of the Hearing Examiner—Violation
The decision issued by the Hearing Examiner shall be issued and sent to the persons
named in the Notice of Violation pursuant to TMC Section 8.45.110.C.
Thereafter, violation of TMC Chapter 8.24 shall constitute a misdemeanor, and a separate
misdemeanor shall be committed for each day that an order is violated.
Section 9. Ordinance No. 2045 §1 (part), as codified at TMC Section 8.24.060,
"Monetary Penalty," is hereby amended to read as follows:
8.24.060 Monetary Penalty
The monetary penalty for violation of the Notice of Violation issued pursuant to TMC
Chapter 8.24 shall be assessed in the amounts set forth in TMC Chapter 8.45.1_ 44 .
Payment of a monetary penalty pursuant to TMC Chapter 8.24 does not relieve the
person(s) to whom the GiVil iRfFaGtiGR GitatiGR.Notice of Violation was issued of the duty to
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32
correct the violation or preclude the City from taking action to abate the situation as
provided herein. The monetary penalty constitutes an obligation of the person(s) to whom
the Govil lnfFaGtiGR GitatiGR eF Notice of Violation is issued.
Section 10. Ordinance Nos. 2144 §1 and 1837 §2 (part), as codified at TMC Section
8.28.010, "Declaration of Nuisance," are hereby amended to read as follows:
8.28.010 Declaration of Nuisance
A All violations of development, land use, licensing and public health ordinances
are found and declared to be nuisances.
B. Unless otherwise provided, violations of this chapter and any violations of this
code deemed a "nuisance" or a "public nuisance" shall be subject to enforcement and
Penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in
accordance with TMC Section 8.45.070.
C9. The following are declared to be public nuisances: buildings and structures that
are determined by the City's Building Official to be vacant and so old, dilapidated or have
become so out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for
human habitation or occupancy, and such that it is unreasonable to repair the structure
(collectively referred to as a "Vacant Building").
Section 11. Ordinance No. 2481 §2, as codified at TMC Section 8.28.020,
"International Property Maintenance Code Adopted," subparagraphs 13.5 and B.6, is
hereby amended to read as follows:
5. IPMC Section 111 is hereby repealed in its entirety. Any person directly affected
by a decision of the code official or a Notice of Violation #ewe -and Order or a civil
infraction, or any other order issued under this code or TMC Chapter 8.45, shall have the
right to appeal to the City Nearing Examiner or the Municipal Court as set forth in TMC
Chapter 8.45. In addition to, or in lieu of, any other state or local provisions for the
recovery of costs or penalties incurred or assessed under TMC Chapter 8.45, the City
Treasurer may, pursuant to RCW 35.80.030(1)(h), certify to the King County Treasurer
an assessment amount equal to the costs of abatement, removal, or repair of the property
and/or any associated penalties and collections to 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 and in such manner as
provided for in RCW 84.56.020.
6. IPMC Section 112.4 is hereby repealed in its entirety. Violations shall be subject
to E -enforcement and penalties as prescribed in TMC Chapter 8.45-s --andthe
issuance of a Notice of Violation in accordance with TMC Section 8.45.070
T -MG Chapter 8.45.
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Section 12. Ordinance No. 2396 §1, as codified at TMC Section 8.28.030, "Vacant
Buildings, Structures and Premises," is hereby amended to eliminate subparagraph
8.28.030.E, "Enforcement," in its entirety.
8.28.030 Vacant Buildings, Structures and Premises
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Section 13. Ordinance No. 2122 §1 (part), as codified at TMC Section 8.46.050,
"Penalty," is hereby amended to read as follows:
8.46.050 Penalty
Failure by the landlord to repay the City for the advanced relocation assistance within
60 days shall result in the assessment of civil penalties in the amount of $50 per day for
each displaced tenant. In addition, interest shall accrue at the maximum legal rate of
interest permitted under RCW 19.52.020, commencing 30 days after the date the City
first advanced relocation assistance funds to the displaced tenant(s). The City shall also
be entitled to attorney's fees and costs arising from any legal action taken to recover
unpaid relocation assistance, penalties and interest. The City may also recover advanced
relocation assistance, penalties and interest pursuant to TMC Section 8.45.200 8.48.090,
"Remediation/Penalties."
Section 14. Ordinance No. 2526 §6, as codified at TMC Section 8.47.050,
"Enforcement," is hereby amended to read as follows:
8.47.050 Enforcement
EAolatio is of tThe provisions of this &,ia t ,r shall be S .sble t to E„"lfr),''cerrientand'
p��"1,ciiti escribe(j in VMC {,,Itch ter 8.45 anid the is st-ia ce of a I o ic,e of Violation in
accor0.ance vF114"1 TMC Sectiong-45.050 8.45.071 i ��- .
and .J ; 55 y
anr{.aI......�r ('���t� f� ��°o-I'`�i-t� ._n 5 o YI-�F`J Lr:'I._apter.
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Section 15. Ordinance No. 2526 §7, as codified at TMC Section 8.47.060,
"Penalties," is hereby amended to eliminate TMC Section 8.47.060, "Penalties," in its
entirety.
8.47.060 -Penalties
iRfFaGtieR Shall GaFFy with it a R�GRetaFy PeR@Ity 9f $1,000 44 the fiFSt VielatieR, and $2,500
€3
Section 16. Ordinance Nos. 1838 §6, and 1370 §1 (part), as codified at TMC Section
9.32.200, "Penalties," are hereby amended to read as follows.-
9.32.200
ollows:9.32.200 Penalties
Any violation of any provision, or failure to comply with any of the requirements of this
chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter
8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070.
Section 17. Ordinance Nos. 2503 §3, 2402 §4, 2171 §1 (part) and 2121 §1 (part),
as codified at TMC Section 16.04.250, "Procedures applicable to all construction permits,"
subparagraph 1, "Violations," are hereby amended to read as follows:
16.04.250 Procedures applicable to all construction permits
I. Violations. F 4-#;
%,/Violations of this code- shall be subject to enforcement and penalties as prescribed in
TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC
Section
^-
For unattended or abandoned locations, a copy of such Notice of Violation
shall be posted on the premises in a conspicuous place, at or near the entrance to such
premises, and the Notice of Violation shall be mailed by certified mail, with
return receipt requested, to the last known address of the owner, occupant or both.
Section 18. Ordinance Nos. 2503 §3, 2402 §4, 2171 §1 (part), and 2121 §1 (part),
as codified at TMC Section 16.04.250, "Procedures applicable to all construction permits,"
are hereby amended to eliminate subparagraph 16.04.250.J, "Penalties," in its entirety.
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Section 19. 19. Ordinance No. 2517 §6, as codified at TMC Section 16.54.065,
"Seasonal Limitation Period," subparagraph E., is hereby amended to read as follows:
16.54.065 Seasonal Limitation Period
E. If, during the course of construction activity or soil disturbance during the seasonal
limitation period, silt -laden runoff violating standards in the Surface Water Design Manual
leaves the construction site or if clearing and grading limits or erosion and sediment control
measures shown in the approved plan are not maintained, a Violation Notice and Order shall
be issued in accordance with TMC Section 8 45-950 8.45.070.
Section 20. TMC Section 17.28.015 is hereby established to read as follows:
Anv person, firm, corporation, association, or anv agent of anv person, firm
corporation, or association who violates anv provision of RCW 58.17 or Tukwila Municipal
Code Title 17, "Subdivisions and Plats", 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 Tukwila Municipal Code Title 17, "Subdivisions
and Plats", shall be deemed a separate and distinct offense.
Section 21. Ordinance Nos. 1838 §16, and 1833 §1 (part), as codified at TMC
Section 17.28.020, "Penalties," are hereby amended to read as follows:
17.28.020 Penalties
Any other violation of any provision, or failure to comply with any of the requirements
of this chapter, shall be subject to ;..0 enforcement and penalties
as prescribed in TMC Chapter 8.45 and the issuance of a Notice of
Violation in accordance with TMC Section 8.45.070.
Section 22. Ordinance Nos. 2518 §9 and 2443 §25, as codified at TMC Section
18.28.240, "General Landscaping," subparagraph B.9., are hereby amended to read as
follows:
B. 9. Maintenance and Pruning.
a. Any landscaping required by this chapter shall be retained and
maintained by the property owner for the life of the project in conformance with the intent
of the approved landscape plan and this chapter. Maintenance shall include keeping all
planting areas free of weeds and trash and replacing any unhealthy or dead plant
materials.
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b. Pruning of trees is only allowed for the health of the tree, to maintain
sight distances or sight lines into commercial areas, or if interfering with overhead utilities.
All pruning must be done in accordance with American National Standards Institute
(ANSI) A-300 specifications. No tree planted by a property owner or the City to fulfill
landscape requirements, or any existing tree, may be topped or removed without prior
approval from the City. If a tree is topped or removed without approval, it shall be replaced
with a new tree that meets the intent of this chapter within 120 days or the property owner
will be subject to code enforcement � L4r-and penalties as prescribed in ei- TMC Chapter
8.45 and the issuance of a Notice of Violation min accordance with TMC
Section8.45.070. Options at the Director's discretion are to require replacement of the
tree with a new tree of similar species that will achieve a similar canopy size at maturity,
replace the tree with multiple smaller diameter trees of an appropriate species (only if
there are limitations on space or conflicts with utility infrastructure), and/or require an in -
lieu fee for off-site tree replacement.
Section 23. Ordinance No. 2346 §15, as codified at TMC Section 18.44.150,
"Enforcement and Penalties," is hereby amended to read as follows:
18.44.150 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
1. To use, construct or demolish any structure, or to conduct clearing, earth-
moving, construction or other development not authorized under a Substantial
Development Permit, Conditional Use Permit or Variance Permit, where such permit is
required by this chapter.
2. Any work which is not conducted in accordance with the plans, conditions,
or other requirements in a permit approved pursuant to this chapter, provided that the
terms or conditions are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or
posted in accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other
information submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
B. Enforcement. It shall be the duty of the Director to enforce this chapter, and anV
violation of any provision of the SMP or failure to comply with any of the requirements of
this chapter shall be subject to enforcement and penalties as prescribed in TMC Chapter
8.45 and the issuance of a Notice of Violation in accordance with TMC Section
;-,%a— � .w: -.:_!- ..-1.L:-`;- �.� �a r�_..0 � r' ...,. �.:,. �, � • t -`m � r- : -i._'} -,1.! i r�ar_ ,r- tt .'�..
C. Inspection Access.
1. For the purpose of inspection for compliance with the provisions of a permit
or this chapter, authorized representatives of the Director may enter all sites for which a
permit has been issued.
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37
2. Upon completion of all requirements of a permit, the applicant shall request
a final inspection by contacting the planner of record. The permit process is complete
upon final approval by the planner.
D. t.
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3 ---No Defense. It shall not be a defense to the prosecution for failure to obtain
a permit required by this chapter, that a contractor, subcontractor, person with
responsibility on the site, or person authorizing or directing the work, erroneously believed
a permit had been issued to the property owner or any other person.
E. Remedial Measures Required. In addition to penalties provided in TMC
Chapter 8.45, the Director may require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and guidelines of this
chapter and the Shoreline Management Act.
2. The cost of any remedial measures necessary to correct violation(s) of this
chapter shall be borne by the property owner and/or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe that any person is
violating or threatening to violate this chapter or any rule or other provisions adopted or
issued pursuant to this chapter, it may, either before or after the institution of any other
action or proceeding authorized by this ordinance, institute a civil action in the name of
the City for injunctive relief to restrain the violation or threatened violation. Such action
shall be brought in King County Superior Court.
2. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or criminal penalty prescribed for
violations of the Master Program.
G. Abatement. Any use, structure, development or work that occurs in violation of
this chapter, or in violation of any lawful order or requirement of the Director pursuant to
this section, shall be deemed to be a public nuisance and may be abated in the manner
provided by th-e Tukwila Municipal Code Chapter 8.45-4-4-5.
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WN
Section 24. Ordinance Nos. 2479 §8 and 2407 §10, as codified at TMC Section
18.50.210, "Marijuana Related Uses," are hereby amended to read as follows:
18.50.210 Marijuana Related Uses
A. The production, processing and retailing of marijuana is and remains illegal
under federal law. Nothing herein or as provided elsewhere in the ordinances of the City
of Tukwila is an authorization to circumvent federal law or provide permission to any
person or entity to violate federal law. Only state -licensed marijuana producers,
marijuana processors, and marijuana retailers may locate in the City of Tukwila and then
only pursuant to a license issued by the State of Washington. The purposes of these
provisions is solely to acknowledge the enactment by the state Liquor and Cannabis
Board of a state licensing procedure and to permit, but only to the extent required by state
law, marijuana producers, processors, and retailers to operate in designated zones of the
City.
1. The production, processing, selling, or delivery of marijuana, marijuana -
infused products, or useable marijuana may not be conducted in association with any
business establishment, dwelling unit, or home occupation located in any of the following
areas:
Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use Office
Office
Residential Commercial Center
Neighborhood Commercial Center
Regional Commercial
Regional Commercial Mixed Use
Tukwila Urban Center
Commercial/Light Industrial
Light Industrial
Manufacturing Industrial Center/Light
Manufacturing Industrial Center/Heavy
a. Any person violating or failing to comply with the provisions of this
section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in
TMC Chapter 8.45 and the issuance of a Notice of Violation and Order, in accordance
with TMC Section 8.45.070, that shall carry with it a cumulative monetary penalty of
$1,000.00 per day for each violation from the date set for compliance until compliance
with the Notice of Violation and Order is achieved.
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b. In addition to any penalty that may be imposed by the City any person
violating or failing to comply with this section shall be liable for all damage to public or
private property arising from such violation, including the cost of restoring the affected
area to its condition prior to the violation.
c. Any penalties imposed under this section may be doubled should the
violation(s) occur within 1,000 feet of the perimeter of the grounds of any elementary or
secondary school, playground, recreation center or facility child care center, public park
public transit center, or library, or any game arcade to which admission is not restricted
to persons aged 21 years or older, as such terms are defined in WAC 314-55-010 as now
enacted or hereafter amended.
C. Growth of medical marijuana for the personal medical use of an individual
qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all
state regulations, procedures and restrictions as set forth or hereafter adopted at RCW
Chapter 69.51A.
D. The establishment, location, operation, licensing, maintenance or continuation of
a cooperative, as described in Chapter 69.51 RCW, or medical cannabis collective
gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of
the City. Any person who violates this subsection (TMC Section 18.50.210.D) shall be
guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00,
or by imprisonment in jail for a term not exceeding one year, or by both such fine and
imprisonment.
E. Any violation of this section is declared to be a public nuisance per se, and, in
addition to any other remedy provided by law or equity, may be abated by the City under
the applicable provisions of this code or state law. Such violations shall be enforced and
appealed with the procedures set forth in T., Chapter 8.45.
Each day any violation of this section occurs or continues shall constitute a separate
offense.
F.
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3----Additional Relief. The City may seek legal or equitable relief to enjoin any acts or
practices and abate any condition which constitutes or will constitute a violation of this
section of the Tukwila Municipal Code. The remedies and penalties provided herein are
cumulative and shall be in addition to any other remedy provided by law.
Section 25. Ordinance No. 1758 §1, as codified at TMC Section 18.96.110,
"Penalty," is hereby amended to read as follows:
18.96.110 Penalty
Any violation of any provision, or failure to comply with any of the requirements of this
chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter
8.45 and the issuance of a Notice of Violation in accordance with TMC Section
8.45.070 .
Section 26. Ordinance No. 2303 §3, as codified at TMC Section 19.12.170, "Sign
Code Violations," is hereby amended to read as follows:
19.12.170 Sign Code Violations
A. It is the responsibility of a property owner and/or business owner to ensure the
provisions of this code are met on any real property they own or control. The City shall
issue a warning to any property owner where illegal permanent or temporary signs have
been installed or where permanent or temporary signs have been installed without first
obtaining a permit. Each day that an unlawful sign remains will be deemed a separate
sr d r I SPI h c€ ihi orf t z tha i
violation���-.�,
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B. '-i' � t } , 4,4— � � � z-i,� .,.�. .;w=�+-,- ..-.fi r' ? � _a ... ;'.,_,_ ?:'"-"-t`-:":a'- '- i'-7 ,...:z. ¢"?-�-. , `- §
th_s —E?t _� "�;�?� 4,�iY «�, �(i� q+#i�fi�d far °-fir .>'r� -t3U"t�"--�
The City shall have the right to remove any signs illegally placed within the City's right-
of-way, easements under City control or property owned and/or controlled by the City.
No duty is created to require the City to remove such signs. The City shall retain all signs
removed from the City's right-of-way for 10 days. The owner of the signs may retrieve
the signs from the City and pay a $50 -per -sign fee to the City to recover a portion of the
City's cost in removing the illegal signs. Once the 10 -day period has expired, the City
shall have the right to dispose of the signs.
C. Any violation of this code shall be considered a public nuisance and subject to
enforcement and penalties as prescribed by TMC Chapter 8.45 and the issuance of a
Notice Of Violation in accordance with TMC Section 8.45.070.
Section 27. Ordinance No. 2303 §3, as codified at TMC Section 19.12.180,
"Business License and Affidavit Requirement," is hereby amended to read as follows:
19.12.180 Business License and Affidavit Requirement
A. Any sign contractor who does business within the City must first obtain a
business license from the City. As part of the business license registration, the contractor
shall sign an affidavit acknowledging they have read the City's Sign Code, specifically:
Section 19.12.020, "Sign Permits Required."
2. Chapter 19.36, "Non -Conforming Provisions."
B. Any sign contractor who possesses a City business license and violates the
requirements of this code shall be subject to -enforcement and penalties
prescribed by TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance
with TMC Section 8.45.070. The City shall also revoke the business license of the sign
contractor and the City shall not permit a new business license to be issued for at least
one year, nor SeGt GR pursuant to TMC Section 5.04.110.
C. Any sign contractor found operating in the City without a Tukwila business license
shall be subject to a fine not less than $1,000. Additionally, the City shall report the
violation to the State for further enforcement action. Any contractor who has a business
license revoked or has fines issued shall have the right to appeal such actions to the
Hearing Examiner, pursuant to TMC Section 5.04.112.
Section 28. TMC Section 19.24.090 is hereby established to read as follows:
RL-WrIXIMM
Any violation of this chapter, or failure to comply with any of the requirements of this
chapter, shall be subject to enforcement and penalties as prescribed in TMC Chapter
8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070
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Section 29. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 30. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 31. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Flu,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A FEE SCHEDULE
FOR TUKWILA MUNICIPAL CODE CHAPTERS 8.45,
"ENFORCEMENT," AND 8.48, "UNFIT DWELLINGS,
BUILDINGS AND STRUCTURES."
WHEREAS, the City Council intends to remove specific amounts for fees and
charges from the Tukwila Municipal Code in favor of a City-wide fee resolution; and
WHEREAS, the City Council intends to repeal and replace the existing Tukwila
Municipal Code (TMC) Chapter 8.45 and establish a new TMC Chapter 8.48; and
WHEREAS, the specific fee amounts to appeal violations currently listed in TMC
Chapter 8.45 will not be included in the updated ordinance; and
WHEREAS, the appeal fees have not been increased since 2006; and
WHEREAS, the current appeal fees do not cover the cost to conduct an appeal
before the Hearing Examiner; and
WHEREAS, City policy is to recover the direct cost of appeals;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Appeals of violations of Tukwila Municipal Code (TMC) Chapter 8.45,
"Enforcement," and TMC Chapter 8.48, "Unfit Dwellings, Buildings and Structures," shall
be charged to appellants according to the following fee schedule:
Type of appeal
Fee
Fee to appeal a Notice of Violation and Order
$300
TMC Section 8.45. 110
Fee to appeal a Notice of Assessment
$300
TMC Section 8.45.120
Fee to appeal a Determination, Findings of Fact and Order
$300
TMC Section 8.48.070
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Section 2. Credit Card Surcharge. If payment is made by credit card, a
processing fee of 3% will be added to the total order.
Section 3. Effective Date. This resolution and the fee schedule contained herein
shall be effective upon adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/RUTH ENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Dennis Robertson, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
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