HomeMy WebLinkAboutOrd 2547 - Streamline Code Enforcement Process (TMC Chapter 8.45 "Enforcement")
Cover page to Ordinance 2547
The full text of the ordinance follows this cover page.
Ordinance 2547 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
12
2738
City of Tukwila
Washington
Ordinance No.
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 Department of Community Development enforced 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8.45.100), is hereby repealed.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"Appeal to Hearing Examiner," is hereby repealed.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:
CHAPTER 8.45
ENFORCEMENT
Sections:
8.45.010 Purpose
8.45.020 Violations
8.45.030 Enforcement
8.45.040 Voluntary Correction and Limited Right to Enter Property
8.45.050 Investigation and Request for Compliance
8.45.060 Civil Infraction
8.45.070 Notice of Violation and Order
8.45.080 Repeat Violations
8.45.090 Stop Work Orders
8.45.100 Abatement
8.45.110 Appeal To Hearing Examiner
8.45.120 Penalties
8.45.130 Abatement by the City
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. The enforcement mechanisms in this chapter are used by designated
staff throughout the City.
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Section 7. TMC Section 8.45.020 is hereby reenacted to read as follows:
8.45.020 Violations
A. Failure to comply with any applicable civil provision of the Tukwila Municipal
Code shall be 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.
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.
4. It is unlawful to misrepresent any material fact in any application, plans, or
other information submitted to obtain any building or construction authorization.
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. Such persons may include
staff from the Police, Fire, Public Works and Community Development Departments.
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,
Community Development, 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.
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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 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:
8.45.040 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 and, where possible, explaining the violation and requesting
correction.
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;
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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
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 Compliance
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
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.
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Section 11. TMC Section 8.45.060 is hereby reenacted to read as follows:
8.45.060 Civil Infraction
For violations deemed civil infractions, if 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 person(s) responsible for the condition.
Section 12. TMC Section 8.45.070 is hereby reenacted to read as follows:
8.45.070 Notice of Violation and Order
A. NOTICE OF VIOLATION AND ORDER: For all other civil violations of the
Tukwila Municipal Code, upon the Code Enforcement Officer determining that a violation
of the TMC exists, the Code Enforcement Officer may serve a Notice of Violation and
Order upon the person(s) responsible for the condition. The Notice of Violation and Order
shall contain the following information:
1. A citation to the standard, code provision or requirement violated, along with
a description of the specific violation present;
2. The corrective action, if any, that is necessary to comply with the standard,
code provision or requirement;
3. The date by which the corrective action(s) 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.
B. SERVICE OF A NOTICE OF VIOLATION AND ORDER: A Notice of Violation
and Order shall be served on the person(s) responsible for the condition by personal
service or certified mail with return receipt requested, addressed to the last known
address of such person, whichever method the Code Enforcement Officer determines will
most likely result in actual service of the Notice of Violation and Order. 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. A copy of the notice shall be posted at a conspicuous place on the property,
unless posting the notice is not physically possible.
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C. AMENDMENT: A Notice of Violation and Order may be amended at any time in
order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
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 8.45.110, the Notice 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.
Section 13. TMC Section 8.45.080 is hereby reenacted to read as follows:
8.45.080 Repeat Violations
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 repeat 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 day;
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 day;
4. For the fourth repeat violation, the penalty may equal up to $4,000 per day;
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
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Violation and Order, and is hereby declared to be a public nuisance. The Code
Enforcement Officer is authorized to enjoin or abate such public 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 person(s)
responsible in the manner provided by law.
Section 15. TMC Section 8.45.100 is hereby reenacted to read as follows:
8.45.100 Abatement
Any condition or violation described in a Notice of Violation and Order 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 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 person(s)
responsible, in the manner provided by law.
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 named on a Notice of Violation and Order issued by
the Code Enforcement Officer, pursuant to TMC Section 8.45.070, may appeal the Notice
by requesting such appeal within 10 calendar days after being served with the Notice
pursuant to TMC Section 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 Notice of Violation and Order under the procedures
described in TMC Section 8.45.070, or as may be otherwise requested by the appealing
party.
B. At or after the appeal hearing, the Hearing Examiner may:
1. Sustain the Notice of Violation and Order;
2. Withdraw the Notice of Violation and Order;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the Notice of Violation and Order, which may include an extension of
the compliance date.
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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 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. The 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:
8.45.120 Penalties
A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE:
1. Civil Infraction: 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. Notice of Violation and Order:
a. A Notice of Violation and Order shall carry with it a cumulative monetary
penalty of $250.00 per day for each violation from the compliance date until compliance
with the Notice of Violation and Order is achieved.
b. The Code Enforcement Officer shall have the discretion to impose
penalties in an amount lower than those set forth herein, taking into account the mitigating
factors described below:
(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
impacts?
(7)
(8)
(9)
Is there a history of violations?
Were there unforeseeable circumstances that precluded compliance?
Did the responsible party make a good -faith effort to comply?
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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, including the cost of restoring the affected area to its condition prior to the
violation.
4. Responsibility for violations of the codes enforced under this chapter and the
penalties imposed in this section are joint 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 City required to take action against all persons potentially
responsible for a violation.
5. Notice of Assessment: Within 30 days of the compliance date, either set by
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 days 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
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 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
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 party.
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 8.45.070B, 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.
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6. The penalty imposed by this section under a 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.
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.
Section 18. TMC Section 8.45.130 is hereby reenacted to read as follows:
8.45.130 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 Notice of Violation and Order has been issued and the required correction
has not been completed by the date specified in the Notice of Violation and Order; or
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 8.45.130B.
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(s) 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 person(s) responsible for the
condition of land and buildings.
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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 code violations shall be assessed to the person(s)
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:
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.
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F. INTEREST. All costs incurred by the City during abatement of nuisance and
code violations may include interest in amount as prescribed by law.
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.
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 / e day of ct2pl' w..11 r , 2017.
ATTEST/AUTHENTICATED:
Christy O'F erty, MMC, City Cler
APPROVED AS TO FORM BY:
(kic
Rachel B. Turpin, City Attorney
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Alla V .erg, Mayo
Filed with the City Clerk: U1 i
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing\Ordinances\TMC 8.45 -Enforcement reenacted 9-13-17
NG:bjs
Page 13 of 13
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2545-2550.
On September 18, 2017 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2545:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2494 §13, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 9.20.090, TO UPDATE REGULATIONS
REGARDING RECREATIONAL VEHICLE AND TRAILER PARKING IN RESIDENTIAL
ZONES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2546
: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TO SPRINT
COMMUNICATIONS COMPANY L.P., A DELAWARE LIMITED PARTNERSHIP
LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS-
OF-WAY IN THE CITY; REPEALING ORDINANCE NOS. 2102 AND 1439; PROVIDING
FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2547:
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.
Ordinance 2548
: 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;
DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2549:
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.
Ordinance 2550:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ELECTING NOT TO ADOPT RCW 8.26.035 THROUGH
RCW 8.26.115 FOR CERTAIN PROGRAMS OR PROJECTS NOT RECEIVING
FEDERAL FINANCIAL ASSISTANCE INITIATED ON OR BEFORE DECEMBER 31,
2017; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O’Flaherty, MMC, City Clerk
Published Seattle Times: September 21, 2017