HomeMy WebLinkAboutReg 2011-10-03 Item 7E - Ordinance - Adopt New Chapter of TMC Entitled "Chronic Nuisance Properties"COUNCT
Meeting Date Prepared by
09/12/11 MV
09/26/11 l MV
10/03/11 MV
E AGENDA SYNOPSIS
1nitialr ITEM NO.
Mayor;r review Council review
7.E.
ITEM INFORMATION
CAS NUMBI'R: 11-092 STAFF SPONSOR: MIKE VILLA ORIGINALAGkNDA DATL: 09/12/11
AGE'NIDA 1rr-m Trrl.F, Chronic Nuisance Ordinance
C. Discussion Motion Resolution Ordinance Bid Award Public Hearin Otber
VVg Dote l�lzg Date Nltg Date Mtg Date 10/3/11 tlltg Date Mtg Date Nltg Date
9 ?R J /2�
SM )NS( )R Council Mayor .HR DCD Finance E] Eire IT P &R Police PUI
SPONSOR'S The City desires a way to address issues with both residential and commercial properties
SUMMARY 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 oaa 3 of the or base on Council discussion e 9 C.0W.
lZl. "II;�UI ;I) m! COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'rE: 9/7/11 COMMITTEE CHAIR: HOUGARDY
RECOMMENDATIONS:
S1 /Ai)N4JN. Police Department
Ccyn- rnn"rrI I Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPI ;NISI "1'URI? Rl ;c )U IRI ,D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
09/12/11
09/26/11
10/3/11
MTG. DATE
09/12/11
09/26/11
10/3/11
RECORD OF COUNCIL ACTION
Forward to 9/26/11 Committee of the Whole, with added reference to RCW
Forward to next Reqular Meeting
ATTACHMENTS
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
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
Ordinance in final form
47
.rim;
Washingt ®n
Ordinance No.
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;
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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:
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
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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
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3. In the case of any property on which an establishment that sells, imports,
manufactures, or distributes alcohol is located, a property on which 3 or more "chronic
illegal activities" as defined by RCW 66.24.010(12) have occurred during any 60 -day
period, or 7 or more such activities have occurred during any 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;
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.
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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.
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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
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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
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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
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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
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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:
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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.
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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.
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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
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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:
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