HomeMy WebLinkAboutOrd 2549 - TMC Chapter 8.45 "Enforcement" AmendmentsWashington.
Cover page to Ordinance 2549
The full text of the ordinance follows this cover page.
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Ordinance 2549 was amended or repealed by the following ordinances.
AMENDED
Sections) Amended
A
vended by Ord #
2
2768
23
2627
REPEALED
Sectlan(s) Repeale
Repealed by Ord #
17
2648
20, 21
2740
22, 24, 25
2741
26, 27, 28
2742
City of Tukwila
Washington
Ordinance No.
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:
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.
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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
penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in
accordance with TMC Section 8.45.070.
B. Any violation of this chapter that constitutes an immediate health or safety threat
shall constitute a public nuisance.
C. In addition to penalties, 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.
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 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.
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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 8.45.030, 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.
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
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
A. The Code Enforcement Officer is authorized to issue and serve a Notice of
Violation pursuant to TMC Section 8.45.070 upon reasonable belief that a violation of one
or more provisions of TMC Chapter 8.24 has occurred.
B. 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.
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C. 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.
D. A Notice of Violation shall contain substantially the following information:
1. The name and address of the person to whom the Notice of Violation is
issued;
2. The location of the subject property by address or other description sufficient
for identification of the subject property;
3. 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;
4. 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;
5. 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;
6. 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
7. 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 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 8.45.110, 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
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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. Payment
of a monetary penalty pursuant to TMC Chapter 8.24 does not relieve the person(s) to
whom the Notice of Violation was issued of the duty to 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 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.
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C. 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 B.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 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 Hearing 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 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 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.
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 8.48.090,
"Remediation/Penalties."
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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
Violations of the provisions 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 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.
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 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 I, "Violations," are hereby amended to read as follows:
16.04.250 Procedures applicable to all construction permits
I. Violations. 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 8.45.070. 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. 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 8.45.070.
Section 20. TMC Section 17.28.015 is hereby established to read as follows:
17.28.015 Sale, lease or transfer of land in violation of this chapter
Any person, firm, corporation, association, or any agent of any person, firm,
corporation, or association who violates any provision of RCW 58.17 or Tukwila Municipal
Code Title 17, "Subdivisions 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 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 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. 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 any
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 8.45.070.
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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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. 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 Tukwila Municipal Code Chapter 8.45.
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
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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.
B. Marijuana production, processing, selling or delivery.
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
2. Violations.
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.
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.
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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 TMC Chapter 8.45. Each day any violation of
this section occurs or continues shall constitute a separate offense.
F. 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
violation.
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B. 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:
1. 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 as 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,
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:
19.24.090 Violations
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 1 1W day of �.12 ,'17Q„r, 13.Q, , 2017.
ATTEST/ UTHENTICATED:
City
Cler
Christy O'Flaherty, MMC
APPROVED AS TO FORM BY:
(40-C-/kaer6
{►�
Rachel B. Turpin, City Attorney
Al 4r'v`berg, Mayor
Filed with the City Clerk: CI
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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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