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HomeMy WebLinkAboutCOW 2011-09-26 Item 4C - Ordinance - Chronic Nuisance PropertiesCOUNCIL AGENDA SYNOPSIS I CAS NUMBFIR: 11-092 AG E 'NDA I'1'I-;M Ti'n -j Council review 1 ITEM NO. 4.C. J ORIGINAL AGENDA DATE: 09/12/11 C,\ Discussion Motion Resolution Ordinance Bid xard Public Hearing Other Vltg Dale Mt g Date Nltg Date Mtg Date 10/3/11 Vltg Date Nltg Date Mtg Date S11O Council Mayor HR DCD ®.Finance Fire IT P &R Police PIV SPONSOR'S The City desires a way to address issues with both residential and commercial properties SUi\rMARY that present a consistent life /safety concern for residents, businesses and the City in general. The Council is being asked to consider the adoption of the chronic nuisance ordinance, which is one of several tools that can be used to address the above concerns. *A reference to RCW 66.24.010, Liquor Licenses Conditions and Restrictions has been incl ed on pag 3 of the ordinance b on Council discussion at th e 9/12/11 C.O.W. B) COQ Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/7/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department CONIN411"Tf_?1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ENI'I''.NDITURl Ri�:O UIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Conznnents: I MTG.DATEI RECORD OF COUNCIL ACTION 09/12/11 Forward to 9/26/11 Committee of the Whole, with added reference to RCW 09/26/11 10/3/11 MTG. DATE j ATTACHMENTS 09/12/11 I Informational Memo dated 8/30/11; Informational Memo dated 8/31/11; Chronic Nuisance Ordinance in Draft Form; Minutes from the Finance and Safety Committee meeting of 9/7/11 09/26/11 Informational Memo dated 8/30/11; Informational Memo dated 8/31/11; Chronic Nuisance Ordinance in Draft Form, with reference to RCW for Liquor Licenses Minutes from the Finance and Safety Committee meeting of 9/7/11 10/3/11 27 Initials Meetir,� Date Prepared by May revien, 09/12/11 MV 09/26/11 MV 10/03/11 MV ITEM INFORMATION STAFF SPONSOR: MIKE VILLA Chronic Nuisance Ordinance Council review 1 ITEM NO. 4.C. J ORIGINAL AGENDA DATE: 09/12/11 C,\ Discussion Motion Resolution Ordinance Bid xard Public Hearing Other Vltg Dale Mt g Date Nltg Date Mtg Date 10/3/11 Vltg Date Nltg Date Mtg Date S11O Council Mayor HR DCD ®.Finance Fire IT P &R Police PIV SPONSOR'S The City desires a way to address issues with both residential and commercial properties SUi\rMARY that present a consistent life /safety concern for residents, businesses and the City in general. The Council is being asked to consider the adoption of the chronic nuisance ordinance, which is one of several tools that can be used to address the above concerns. *A reference to RCW 66.24.010, Liquor Licenses Conditions and Restrictions has been incl ed on pag 3 of the ordinance b on Council discussion at th e 9/12/11 C.O.W. B) COQ Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/7/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department CONIN411"Tf_?1 Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ENI'I''.NDITURl Ri�:O UIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Conznnents: I MTG.DATEI RECORD OF COUNCIL ACTION 09/12/11 Forward to 9/26/11 Committee of the Whole, with added reference to RCW 09/26/11 10/3/11 MTG. DATE j ATTACHMENTS 09/12/11 I Informational Memo dated 8/30/11; Informational Memo dated 8/31/11; Chronic Nuisance Ordinance in Draft Form; Minutes from the Finance and Safety Committee meeting of 9/7/11 09/26/11 Informational Memo dated 8/30/11; Informational Memo dated 8/31/11; Chronic Nuisance Ordinance in Draft Form, with reference to RCW for Liquor Licenses Minutes from the Finance and Safety Committee meeting of 9/7/11 10/3/11 27 W City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Interim City Administrator Mike Villa, Police Chief DATE: August 31, 2011 SUBJECT: Chronic Nuisance Ordinance ISSUE The City desires a way to address issues with both residential and commercial properties that present a consistent life /safety concern for residents, businesses and the City in general. The attached draft ordinance is one of several tools the City might use, several of which are discussed below, in addressing these issues. BACKGROUND Certain commercial and residential properties are responsible for a proportionately higher number of calls versus other properties. This means that Police officers are not available for other calls for service throughout the community. These properties also present a safety concern to neighboring residents and businesses. In addition, the properties with persistent issues can drive down the value of neighboring properties and act as a disincentive to future economic development and redevelopment of the area. DISCUSSION Chronic Nuisance Ordinance The attached draft chronic nuisance ordinance creates a process by which the City can identify properties that consistently present a life /safety concern to the community, ways for the property owner or tenant to take corrective action, and for the imposition of penalties and other remedies if the owner or tenant does not take steps to abate the chronic nuisance. The ordinance defines a chronic nuisance property as one which has: 1. Three or more nuisance activities in a sixty -day period; or 2. Seven or more nuisance activities in a twelve -month period; or 29 INFORMATIONAL MEMO Page 2 3. Two or more instances in a twelve -month period whereby a court determines probably cause exists that illegal possession, manufacture or distribution of a controlled substance occurred on the property. Nuisance activities are defined in the ordinance, and include such activities as drug related activity, assault, disorderly conduct, prostitution, permitting prostitution, soliciting prostitution and gang related activity. In situations where the chronic nuisance property is not owner occupied, the draft ordinance provides for notification of the owner of such property, and allows that individual or business to work with the Chief of Police in accomplishing the abatement requirements in the corrective action plan. The property owner also has other remedies available according to the terms of the lease agreement, and state and local laws, including eviction of the person in charge (the tenant) under certain circumstances. The draft ordinance gives owners and tenants the ability and time to abate nuisance activities on the property. Failure to take such corrective action could result in the following: 1. When appropriate, the City may summarily abate the nuisance activity and recovers the cost of such action from the person in charge; and 2. The owner or person in charge are each subject to civil infractions with a monetary penalty of $100 for the first violation, $175 for the second, and $250 for the third and subsequent violations; and 3. A Violation Notice and Order could be issued against the owner or person in charge for monetary penalties of $500 per day until compliance with the Order is achieved; and 4. Failure of the owner to cooperate with abatement of the nuisance activity would result in the owner being assessed a civil penalty of up to $25,000; and 5. The City Attorney may initiate court action to abate a chronic nuisance property, impose penalties under the chronic nuisance code, and seek any other relief authorized by law. The following is an estimated cost analysis for the police department for start-up and ongoing monitoring and enforcement of the chronic nuisance ordinance. The below figures include salary and benefits for the police department employees affected: Task Start-Up Tasks Task Outline Training Public Notifications Emplovee Hours Cost 80 4,480 40 1,840 Monitoring Enforcement* TOTAL (year one) 552 30,384 $36.704 WA2011 Info MemoslInfoMemo ChronicNuisance0rdinance.docx 30 INFORMATIONAL MEMO Page 3 *Tasks include various police department employees reviewing stats, reviewing police reports, meetings with police administration, meetings with city attorney's office, drafting letters of non compliance, meetings with the property owner, and monitoring compliance; the figure is based on addressing six properties during the first year the ordinance is in effect we anticipate that number dropping to four properties annually in the years following, the Start -Up Tasks no longer applicable and the number of hours pertaining to Monitoring Enforcement dropping to 368 for an estimated annual cost of $20,256. Call data is still being analyzed from the Police department, but it is estimated that twenty individual properties make up a disproportionate number (25 of the 600+ calls for service in 2010, that would fall under the chronic nuisance ordinance. At the rate identified above, it would take approximately five years to address those twenty properties. Pre litigation legal costs are estimated to range from $5,000 to $10,000 per case. If a case is litigated, the costs are estimated to be an additional $25,000 to $75,000 per case, depending on the particular circumstances of the case. Urban Overlay District and Plan The goal of the chronic nuisance ordinance is to give the owner and /or tenant time to abate the nuisance activity occurring on the property and remediate blight in the community. State law and the Tukwila Municipal Code give the City certain other tools in addressing blighted property. For instance, in the Urban Renewal Overlay District along Tukwila International Boulevard, one of the options available to the City is eminent domain. In accordance with the City's adopted urban renewal plan, use of eminent domain in the Urban Renewal Overlay District would allow the City to acquire, with compensation to the property owner, those properties where the current use or design standards are inconsistent with the City's vision for future development or redevelopment of properties along Tukwila International Boulevard in the overlay district. Community Challenge Grant At the August 22, 2011 Community Affairs Parks committee meeting approval was given to DCD to apply for a grant that would accomplish a number of things. Utilizing the grant funding, the City would amend the comprehensive plan, zoning codes, building codes, and infrastructure policies to achieve new development, redevelopment and revitalization of the TIB corridor. The goal would be for the area to be more economically viable and a sustainable neighborhood with more transit oriented development, expanded housing choices and a safer, more livable community. If awarded, the grant, among other things, would allow the City to assess current conditions along the TIB corridor and the capacity of utility providers to service the area for current and planned future uses. Citizen and business engagement, including W:12011 Info MemosllnfoMemo ChronicNuisance0rdinance.docx 31 INFORMATIONAL MEMO Page 4 underserved immigrant and minority populations, would be a goal during development of housing and other economic development options for Council to consider. The grant would also provide funding for an evaluation of the redevelopment potential for three "prototype" properties based on market financials. Economic Development Issues Properties which trigger the chronic nuisance ordinance provisions could potentially drive down the value of the subject property and those surrounding it, and may be a deterrent to future economic development or redevelopment. For that and other reasons, it is in the public's interest that the nuisance activities cease. In a memo included with this agenda packet, Derek Speck, Economic Development Manager, discusses the development opportunities along the Tukwila International Boulevard corridor, which is an area that the City could focus attention on using a new chronic nuisance ordinance. RECOMMENDATION Staff is recommending adoption of the chronic nuisance ordinance. Council input on other actions they would like staff to explore, if any, will determine additional future steps to be taken. The Council is being asked to consider this item at the September 12, 2011 Committee of the Whole meeting and subsequent September 19, 2011 regular Meeting. ATTACHMENT Draft Ordinance Informational Memorandum Derek Speck RQ011 Info MemoslinfoMemo ChronicNuisance0rdinance.docx 32 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Interim City Administrator FROM: Economic Development Administrator DATE: August 30, 2011 SUBJECT: Economic Development Incentives to Redevelop Properties There are a number of economic development incentives that can encourage properties to redevelop. Following are descriptions of some of the main incentives. Which ones are most effective or appropriate will depend on many factors such as such as whether the property is blighted, is a nuisance, is located in the City's urban renewal area, or is likely to redevelop on its own in the current market conditions. Entitlement Process Assistance: The City could encourage the property owner to redevelop or sell the property by offering staff assistance through the entitlement and permitting process. Public Infrastructure: When private developers consider developing a property, they take into account the public infrastructure serving their property. If a property is already served by sidewalks, a road or alley, and sufficient utilities, it saves the developer money which makes development more feasible. In order to more directly use the public infrastructure as an incentive for redevelopment, the City could target redevelopment areas for needed upgrades in infrastructure. The City could also use a development agreement and negotiate the installation of these items if the developer takes action to redevelop the property. Local Improvement District: The City can fund public infrastructure by creating a local improvement district (LID). This is a mechanism in which properties that benefit from a public infrastructure project will pay for all or part of that project through an assessment that is added to their property tax bill. Local Revitalization Finance District: The City can designate a "revitalization area" and pay for public infrastructure within that area from existing property taxes. Multi family Property Tax Exemption: The City can designate an area in which it can exempt new construction of multi family apartments or condos from paying property tax for up to 12 years. Property Acquisition for Public Use: The City can purchase property for public use such as a municipal court, criminal justice center, emergency operations center, fire station, public parking, etc. If the property owner is unwilling to sell, the City can purchase the property through eminent domain proceedings. 33 INFORMATIONAL MEMO Page 2 Property Acquisition for Private Use: The City can purchase property and resell it to a developer. The seller must be willing unless the property is located within a designated "community renewal area" or the property is necessary for a "community renewal project In those cases the City can purchase the property through eminent domain, if necessary. In terms of purchasing property to be redeveloped for private use, there are a number of key factors to consider: Option to Purchase: It is not always necessary to purchase the property in order to get sufficient control to incentivize redevelopment. If the seller is willing, the City can purchase just the right to buy the property (an "option at a specified price. This would cost much less than actually purchasing the property. The City would then sell the option to a developer who could then purchase the property. If the City is unable to sell the option within a specified time frame, the option would expire and the City would have no further involvement with the property. Developer Selection Process: If the site is NOT in an urban renewal area, the City would most typically first acquire the property or option on the property and then select a developer. If the site IS in an urban renewal area, the City has more flexibility and can either select the property or developer first. In an urban renewal area, the City can generally reduce its financial risk by selecting a developer first and executing a sales agreement with the developer before the City purchases the property. Developer Selection Criteria: The City can select a developer based on criteria such as experience, financial capacity, and project concept or simply based on highest bid. Of course, highest bid only works if the City already owns the property or an option to purchase the property. Except for the multi family property tax exemption, local revitalization financing, or purchasing options on property, I have seen the City of Tukwila use all of the incentives described above. There are many pros and cons to consider with these incentives. If some look to be of interest, I can provide greater detail. If you have any questions, please let me know. 34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 8.27 ENTITLED "CHRONIC NUISANCE PROPERTIES;" AMENDING ORDINANCE NOS. 2333 §8 AND 2315 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR CHRONIC NUISANCE PROPERTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35.22.280 empowers first class cities to define and abate nuisances and impose fines upon persons responsible for creating or allowing nuisances; and WHEREAS, RCW 35A.21.160 grants code cities all of the powers which any city of any class may have to the extent such laws are appropriate and not in conflict with the provisions specifically applicable to code cities; and WHEREAS, the Tukwila City Council finds that people should be able to enjoy ownership, use and possession of property without the negative impacts caused by chronic nuisance properties; and WHEREAS, some persons who own or control property in the City of Tukwila allow their properties to be used for illegal purposes, with the result that these properties have become chronic nuisance properties; and WHEREAS, the current provisions of the Tukwila Municipal Code (TMC) do not provide adequate tools for abating chronic nuisances resulting from the use of properties for illegal purposes; and WHEREAS, chronic nuisance properties present serious health, safety and welfare concerns and interfere with the quality of life, comfort and solitude of other persons residing in the neighborhood, and WHEREAS, chronic nuisance properties cause a financial burden upon the City by the numerous calls for service to the properties because of the illegal activities that repeatedly occur or exist on such properties; W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 1 of 13 35 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 8.27 Adopted. TMC Chapter 8.27, "Chronic Nuisance Properties," is hereby established to read as follows: Chapter 8.27 CHRONIC NUISANCE PROPERTIES Sections: 8.27.010 Definitions 8.27.020 Violation 8.27.030 Investigation, Civil Infraction, and Violation Notice and Order 8.27.040 Time in Which to Comply 8.27.050 Owner Cooperation 8.27.060 Voluntary Correction Agreement and Limited Right to Enter Property 8.27.070 Appeal to Hearing Examiner 8.27.080 Penalties 8.27.090 Abatement by the City 8.27.100 Commencement of Action Enforcement 8.27.110 Burden of Proof 8.27.120 Additional Remedies 8.27.130 Suspension or Revocation of Business License 8.27.010 Definitions. For purposes of this chapter, the following words or phrases shall have the meaning prescribed below: A. "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition that constitutes a violation of this chapter by such means and in such a manner and to such an extent as the Chief of Police determines is necessary in the interest of the general health, safety and welfare of the community. B. "Chief of Police" means the Chief of Police or his or her designees. C. "Control' means the power or ability to direct or determine conditions, conduct, or events occurring on a property. D. "Chronic Nuisance Property" means: 1. A property on which 3 or more nuisance activities as described in TMC Section 8.27.010(E) exist or have occurred during any 60 -day period, or 7 or more nuisance activities have occurred during any 12 -month period, 2. A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court 2 or more times within a 12 -month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in RCW Chapter 69.50 has occurred on the property, or W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 2 of 13 36 3. In the case of anv property on which an establishment that sells. imports, manufactures. or distributes alcohol is located. a property on which 3 or more "chronic illeqal activities" as defined by RCW 66.24.010(12) have occurred durinq anv 60 -day period, or 7 or more such activities have occurred durinq anv 12 -month period. E. "Drug Related Activity" means activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW. F. "Nuisance Activity" includes: 1. A "most serious offense" as defined in RCW 9.94A; 2. A "drug related activity" as defined in TMC Section 8.27.010(E); 3. Any of the following activities, behaviors or criminal conduct: a. Assault, Reckless Endangerment, as defined in RCW 9A.36; b. Stalking or Harassment, as defined in RCW 9A.46; c. Disorderly Conduct, as defined in TMC Section 8.70.010; d. Promoting, advancing or profiting from prostitution as defined in RCW e. Prostitution, as defined in RCW 9A.88.030; f. Permitting Prostitution, as defined in RCW 9A.88.090(1); g. Prostitution Loitering, as defined in TMC Section 8.50.040 h. Failure to Disperse, as defined in TMC Section 8.70.020; Weapons violations, as defined in TMC Chapter 8.10; j. Gang related activity, as defined in RCW 59.18.030(7). G. "Owner" means any person who, alone or with others, has title or interest in any property. H. "Person" means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them. I. "Person in Charge" of a property means the owner, lessee, tenant, occupant, agent, manager of a property, and /or any other person in actual or constructive possession of a property. J. "Property" means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof. W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 3 of 13 37 K. "RCW' means the Revised Code of Washington. L. "TMC" means Tukwila Municipal Code. 8.27.020 Violation. A. Any property within the City of Tukwila that is a chronic nuisance property as defined in TMC Section 8.27.010 is in violation of this chapter and subject to its remedies. B. It is the responsibility of all persons in charge to ensure that the provisions of this code are met on any property they own, possess, or control. Any persons in charge of a chronic nuisance property as defined in TMC Section 8.27.010 shall be in violation of this chapter and subject to its remedies. C. An owner who fails to comply with TMC Section 8.27.050 is in violation of this chapter and is subject to penalties pursuant to TMC Section 8.27.080. 8.27.030 Investigation, Civil Infraction, and Violation Notice and Order. A. Authority. Upon presentation of proper credentials, the Chief of Police may, with the consent of any person in charge, or with other lawful authority, enter any building or premises in order to perform the duties imposed by this chapter. B. Investigation. The Chief of Police may investigate any activity that he or she reasonably believes to be a nuisance activity as defined by TMC Section 8.27.010. C. Civil Infraction. If, after investigation, or after the complaint of residents or others, the Chief of Police has probable cause to believe the applicable standards or requirements of the Tukwila Municipal Code have been violated, the Chief of Police may issue a civil infraction citation in accordance with RCW 7.80, which is incorporated herein by this reference, upon the person(s) in charge. D. Violation Notice and Order. Alternatively, after investigation, or based upon the complaint of residents or others, the Chief of Police may serve a Violation Notice and Order upon the person(s) in charge. The Violation Notice and Order shall contain the following information: 1. A declaration that the Chief of Police has determined the property has become a chronic nuisance property and a concise description of the nuisance activities that exist or that have occurred. 2. What corrective action, if any, is necessary in order to remedy the nuisance activities. 3. A reasonable time for compliance. 4. A notice that the owner and other persons in charge of the property are subject to monetary penalties as set forth in TMC Section 8.27.080. 5. An explanation of the appeal process and the specific information required to file an appeal. W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 4 of 13 i E. Service of a Violation Notice and Order. A Violation Notice and Order shall be served on the person(s) in charge by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. When a notice is issued pursuant to this section to a person in charge other than an owner or an owner's agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be served on the owner of the property. 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 Chief of Police 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 Violation Notice 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. F. Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible. G. Amendment. A Violation Notice and Order may be amended at any time in order to: 1. Correct clerical errors; or 2. Cite additional authority for a stated violation. 8.27.040 Time in Which to Comply. A. Civil Infraction Citations. Civil infraction citations will be issued and processed in accordance with RCW 7.80, which is incorporated herein by reference. The Tukwila Municipal Court shall have jurisdiction over all civil infraction citations issued under this chapter. B. Determination of Time for Compliance with Violation Notice and Order. Persons receiving a Violation Notice and Order shall rectify the nuisance activity identified within the time period specified by the Chief of Police pursuant to Section 8.27.030(D) of this chapter. C. Order Becomes Final Unless Appealed. Unless an appeal is filed with the Chief of Police for hearing before the Hearing Examiner in accordance with Section 8.27.070 of this chapter, the Violation Notice and Order shall become the final order of the Chief of Police. A copy of the notice may be filed and recorded with the King County Recorder. 8.27.050 Owner Cooperation. An owner who receives a copy of a violation notice and order pursuant to TMC Section 8.27.030(D) describing a chronic nuisance property permitted by a person in charge other than the owner or the owner's agent, shall promptly take all reasonable steps W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 5 of 13 T requested in writing by the Chief of Police to assist in abatement of the nuisance property. Such reasonable steps may include, but are not limited to, the owner taking all acts and pursuing all remedies, including pursuing eviction of the person(s) in charge, that are (1) available to the owner pursuant to any lease or other agreement, and (2) consistent with state and local laws, including but not limited to RCW 59.18.580, the Victim Protection Limitation on Landlord's Rental Decisions. 8.27.060 Voluntary Correction Agreement and Limited Right to Enter Property. A. Applicability. While it is the City's desire to obtain voluntary correction pursuant to TMC Chapter 8.27, compliance is not a prerequisite for pursuing any of the other remedies for correction in TMC Chapter 8.27, or any remedies available in law or equity. This section may apply whenever the Chief of Police determines that a chronic nuisance exists. B. General. The Chief of Police may attempt to secure voluntary correction by contacting any person(s) in charge and explaining the violation and requesting correction. C. Voluntary Correction and Limited Right of Entry Agreement. A Voluntary Correction and Limited Right of Entry Agreement is a contract between the City and any person(s) in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement, to abate the nuisance activities within a specified time and according to specified conditions. 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 person in charge for resolution of the violation. A Voluntary Correction and Limited Right of Entry Agreement shall be signed by the person(s) in charge and, if different, the owner, and may include the following: 1. The name and address of the person(s) in charge; 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 nuisance activities, 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(s) in charge that the City may inspect the premises as may be necessary to determine compliance with the Voluntary Correction and Limited Right of Entry Agreement; 6. An agreement by the person(s) in charge that the City may abate the nuisance and recover its costs and expenses and monetary penalties pursuant to this chapter from the person in charge if the terms of the correction agreement are not met; and W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 6 of 13 iy 7. When a person in charge other than an owner or an owner's agent has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take all acts and pursue all remedies requested by the Chief of Police pursuant to TMC Section 8.27.050. 8.27.070 Appeal to Hearing Examiner. A. The person(s) incurring the penalty described in a Violation Notice and Order issued by the Chief of Police, pursuant to TMC Section 8.27.030(D), may obtain an appeal of the Notice by requesting such appeal within 10 calendar days after receiving or otherwise being served with the notice pursuant to TMC Section 8.27.030(E). When the last day of the period so computed is a Saturday or Sunday, or a Federal or City holiday, the period shall run until 4:30 PM the next business day. The request shall be in writing and include the applicable appeal fee. Upon receipt of the appeal request, the Chief of Police 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 Violation Notice and Order under the procedures described in TMC Section 8.27.030(E), or as may be otherwise requested by the appealing party. B. The appeal fee for a Violation Notice and Order in an LDR zone shall be $100.00, and in all other zones shall be $200.00. C. At or after the appeal hearing, the Hearing Examiner may: 1. Sustain the Violation Notice and Order; 2. Withdraw the Violation Notice and Order; 3. Continue the review to a date certain for receipt of additional information; or 4. Modify the Violation Notice and Order, which may include an extension of the compliance date. D. 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 Violation Notice and Order under the same procedures described in TMC Section 8.27.030(E) or as otherwise directed by the appealing party. E. The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21 days of the issuance of the Hearing Examiner's decision. The cost for transcription of all records ordered certified by the Superior Court for such review shall be borne by the appellant. 8.27.080 Penalties. A. Violations of the Tukwila Municipal Code. 1. Civil Infraction. Any person in charge who violates or fails to comply with the provision of this chapter may be issued a civil infraction pursuant to TMC Section W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 7 of 13 41 8.27.030(C). 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. Violation Notice and Order. a. Any person in charge who violates or fails to comply with the provision of this chapter may, in the alternative, be issued a Violation Notice and Order that shall carry with it a cumulative monetary penalty of $500.00 per day from the date set for compliance until compliance with the Violation Notice and Order is achieved. b. In addition to any penalty that may be imposed by the City, the persons in charge 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. The penalty imposed by this section under a Violation Notice and Order may be collected by civil action brought in the name of the City. The Chief of Police 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 Chief of Police, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property. d. The Chief of Police shall have the discretion to impose penalties in an amount lower than those set forth above. 3. An owner who fails to comply with TMC Section 8.27.040 is subject to a civil penalty of up to $25,000. B. Additional Relief. The Chief of Police may seek legal or equitable relief to enjoin any acts or practices and abate any condition that constitutes or will constitute a violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.27 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 8.27 does not relieve the person to whom the infraction or Violation Notice and Order was issued of the duty to correct the violation. 8.27.090 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 Violation Notice and Order has been issued and the required correction has not been completed by the date specified in the Violation Notice 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 W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 8 of 13 42 4. An action has been initiated in a court of competent jurisdiction pursuant to TMC Section 8.27.100, and the court has found that the property is a chronic nuisance property and issued an Order of Abatement for the property accordingly; or 5. The nuisances or code violations are subject to summary abatement as provided for in TMC Section 8.27.090(B). 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) in charge 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 the same is provided to the person(s) in charge. 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 8.27, 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 incurred by the City during abatement of nuisance or code violations shall be billed to the person(s) in charge. Such costs may include, but are not limited to, the following legal and abatement expenses 1. "Legal expenses," for purposes of TMC Chapter 8.27, 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. 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 8.27, shall include but are not limited to the following: W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 9 of 13 43 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. 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. Interest shall start to accrue on the 30th day from mailing of the invoice pursuant to TMC Section 8.27.090.E.2.e. G. Lien Authorized. The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under TMC Chapter 8.27, 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. 8.27.100 Commencement of Action Enforcement. Upon referral by the Chief of Police, the City Attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under City or state laws and seek any other relief authorized by law. 8.27.110 Burden of Proof. A. In an action against the person(s) in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the City shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter. B. In an action against an owner to recover penalties authorized by TMC Section 8.27.070, the City shall have the additional burden to prove by a preponderance of the evidence that the owner failed to comply with TMC Section 8.27.040. Copies of police incident reports and reports of other City departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property's general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions. W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 10 of 13 ii 8.27.120 Additional Remedies. In addition to the remedies authorized by TMC Section 8.27.090, the court or Hearing Examiner may impose any or all of the following penalties on a person in charge of a chronic nuisance property: 1. Order the person in charge to immediately abate nuisance activity from occurring on the property. 2. Order that the Chief of Police shall have the right to inspect the property to determine if the court's orders have been complied with. 3. Impose a penalty of up to $500 per day against the person in charge for each day from the date the notice pursuant to TMC Section 8.27.030(D) was issued until the Chief of Police confirms the property is no longer a chronic nuisance property. 4. Make any other order that will reasonably abate nuisance activities from occurring on the property, including issuing an injunction to prevent the continued use of the property in a manner that encourages chronic nuisance activity or authorizing the City to take action to abate nuisance activities on the property and providing that the costs of such City action are to be paid for by the person in charge of the property. 5. If the person in charge is an owner and the court finds that this owner failed to take all reasonable steps requested in writing pursuant to TMC Section 8.27.050, the court may impose a civil penalty up to $25,000. 6. If, as part of its order abating a chronic nuisance property, the court orders the person in charge to cease renting or leasing a property, the court may order the person in charge to pay relocation in the amounts authorized by TMC Chapter 8.46 to any tenant who (1) must relocate because of the order of abatement, and (2) the court finds not to have caused or participated in nuisance activities at the property. For purposes of this section (8.27.120), the term "tenant" shall have the meaning as set forth in RCW 59.18.030(19). 8.27.130 Suspension or Revocation of Business License. In addition to any other remedy authorized by this chapter or other laws, the business license of any person in charge shall be revoked and a new license not issued for one year, pursuant to Title 5 of the Tukwila Municipal Code, upon: 1. A finding by the court that a property is a chronic nuisance property pursuant to this chapter, 2. Issuance of a Violation Notice and Order for a chronic nuisance property that is not timely remedied or appealed, or 3. A finding by the Hearing Examiner that a property is a chronic nuisance property. W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 11 of 13 45 Section 2. TMC Section 5.04.110, "Denial Revocation," Amended. Ordinance Nos. 2333 §8 and 2315 §1 (part), as codified at TMC Section 5.04.110, are amended to read as follows: 5.04.110 Denial —Revocation. A. The Finance Director may deny any business license application pursuant to TMC Section 5.04.105. B. The Finance Director may deny or revoke any license under this chapter where one or more of the following conditions exist: 1. The licensee is in default of any fee, charges or amounts due and payable to the City of Tukwila, as outlined in the Tukwila Municipal Code or City policy. 2. The license was procured by fraud or by a false or misleading representation of fact in the application, or in any report or record required to be filed with the Finance Department. 3. The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. 4. The license holder, his or her employee, agent, partner, director, officer or manager has knowingly violated any provisions of any chapter of the Tukwila Municipal Code, or has knowingly permitted, failed to prevent, or has otherwise allowed a violation of any of the provisions of any chapter of the Tukwila Municipal Code to occur on his or her business premises. 5. Conduct of the business would be in violation of any local, state or federal law, rule or regulation prohibiting the conduct of that type of business. 6. The property at which the business is located has been determined by a court to be a chronic nuisance property, a Violation Notice and Order for a chronic nuisance property has been issued and not timely remedied or appealed, or the Hearing Examiner has determined the property to be a chronic nuisance property, as provided in TMC Chapter 8.27. C. Upon determination that grounds for denial, suspension or revocation of a license exist, the Finance Director shall send the license holder a Notice of Denial, Suspension or Revocation. Grounds for denial, suspension or revocation include repetition of a violation of any provision of City policies or the Tukwila Municipal Code that has been accompanied by a warning notice of such violation or previous notice of the violation. The Notice of Denial, Suspension or Revocation shall set forth the grounds for and terms of the denial, suspension or revocation and a statement advising that the person may appeal from the Notice of Denial, Suspension or Revocation to the Hearing Officer, provided that the appeal is made in writing and filed with the Finance Director within 10 days from the date of receipt of the Notice of Denial, Suspension or Revocation, and that failure to so appeal shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter. Upon issuance of such W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 12 of 13 W Notice, the license is suspended or revoked and is no longer valid and current, unless appealed as provided in this chapter, in which case the effect of the suspension or the revocation is stayed pending the outcome of the appeal. D. Receipt of the Notice of Denial, Suspension or Revocation. The Notice of Denial, Suspension or Revocation shall be served upon the license holder either personally or by mailing a copy of such Notice by certified mail, postage prepaid, return receipt requested to such license holder to his or her last known address as provided in the license application. Alternatively, the Notice may be posted upon the premises where such license holder conducts his or her business, which is the subject of the denied or revoked license. Section 3. 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 4. 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 5. 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Chronic Nuisance Properties 9 -20 -11 RT:bjs Page 13 of 13 47 .rim; Finance Safety Committee Minutes September 7, 2011- Paae 2 After discussion, Committee Members determined that they would like staff to return to Committee with a draft ordinance outlining and implementing Option 1 above. Staff anticipates returning with a draft in late October. Per Committee request, and additional discussion, staff will begin outreach with businesses this month to explain the potential change and invite public participation and comment. Committee Members emphasized the importance of outreach regarding business licenses and the RGRL. DRAFT ORDINANCE OF OPTION 1. RETURN TO COMMITTEE. C. DRAFT: Chronic Nuisance Ordinance Staff is returning to Committee with a draft ordinance regarding chronic nuisance properties, per the request of the City Council. The intent of the draft ordinance is to be used as a tool for the City to address issues with residential and commercial properties that consistently present life- safety concerns in the community. Chief Mike Villa distributed an updated draft ordinance at Committee which clarifies some definitions and RCW applicability. These changes will be included in the packet that goes forward to Council. Staff reviewed the following in relation to the draft ordinance: Definition of a chronic nuisance property Definitions of nuisance activities Y Opportunities for tenants and/or owners to abate nuisance activities The informational memo included in the Committee agenda packet also briefly outlined other options and mechanisms for addressing nuisance concerns within the community including the Urban Overlay District and Plan, the recently applied for Community Challenge grant (see Community Affairs Parks Committee minutes dated August 22, 2011) and other economic development issues. After a lengthy discussion regarding the definition and use of the term person in charge, staff will conduct an additional review of the document to ensure consistent use of the definition and term throughout the ordinance. Staff responded to questions regarding the funding resources that will be needed to enforce and implement this ordinance. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 12 COW FOR DISCUSSION. D. Revenue Report: June Sales tax revenues continue to show a steady increase compared to the prior year. Receipts through June put the City at almost 10% above budgeted sales tax revenues year -to -date. Staff has renamed the report to Miscellaneous Revenue Report since it now includes gambling and admission tax revenues. Additionally, if one -time construction revenues are removed from the revenue total, the City is still ahead of budgeted revenues. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:43 p.m. Next meeting: Tuesday, September 20, 2011 5:00 p.m. Conference Room #3 Y� Committee Chair Approval tvlin by nAM. Reviewed by SH. 50