HomeMy WebLinkAboutCOW 2013-02-11 Item 4A - Ordinance - Nuisance CodeCOUNCIL AGENDA SYNOPSIS
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02/11/13
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_i_t
02/19/13
KAS
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CATEGORY /1 Discussion
a Ordinance
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SPONSOR ❑ Council ❑ Mayor ❑ HR /1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR'S Updating TMC Chapter 8.28 to include revisions to Vacant Structures section and adding
SUMMARY regulations regarding Recreational Vehicles in residential zones.
REVIEWED BY ❑ COW Mtg.
❑ Utilities Cmte
DATE: 01/28/13
ITEM INFORMATION
ITEM NO.
1
STAFF SPONSOR: BOB BENEDICTO
ORIGINAL AGENDA DATE: 02/11/13
AGENDA ITEM TITLE
An Ordinance to update TMC Chapter
8.28 regarding
public nuisances.
02/11/13
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
CATEGORY /1 Discussion
a Ordinance
Mtg Date
Mtg Date 02/19/13
SPONSOR ❑ Council ❑ Mayor ❑ HR /1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW
SPONSOR'S Updating TMC Chapter 8.28 to include revisions to Vacant Structures section and adding
SUMMARY regulations regarding Recreational Vehicles in residential zones.
REVIEWED BY ❑ COW Mtg.
❑ Utilities Cmte
DATE: 01/28/13
1 CA &P Cmte
❑ F &S Cmte ❑ Transportation Cmte
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: EKBERG
❑ Arts Comm.
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/11/13
MTG. DATE
ATTACHMENTS
02/11/13
Informational Memorandum dated 2/1/13 (Amended after CAP meeting)
Ordinance as it appeared in CAP packet with changes to existing TMC (strike- through/
underlined) and after changes by the Committee (shaded)
Draft ordinance with all changes incorporated
Color photographs of vacant structures
Spreadsheet of known vacant structures
Minutes from the Community Affairs and Parks Committee meeting of 1/28/13
2/19/13
1
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Director
Department of Community Development
BY: Bob Benedicto, Building Official
Kathy Stetson, Code Enforcement Officer
DATE: February 1, 2013
SUBJECT: An Ordinance to update TMC Chapter 8.28 regarding public nuisances
(Amended after CAP Meeting as shown below)
ISSUE
TMC Chapter 8.28 contains a general statement concerning the declaration of nuisance. In
general, violations of development, land use, licensing, and public health ordinances are
declared to be nuisances. Since certain violations deal with private property rights, it is
important that specific violations are clearly defined in order to support abatement actions.
BACKGROUND
Since 2010, Code Enforcement has been reacting to an increase in vacant nuisance properties
(structures and vacant lots). The process for abatement of these nuisances can take several
months to several years to accomplish. Current language in Chapter 8.28 includes many topics
that are duplicated in the International Property Maintenance Code. Eliminating these
duplications and replacing them with needed definitions will serve to simplify and consequently
expedite the process of abatement.
Unregulated car repair in residential zones aid- Recreational vehicles used as permanent
dwellings outside of a licensed mobile home park are not specifically addressed in Chapter
8.28. Consequently, complaints that are received regarding these activities cannot be pursued
as nuisances.
individual operating the business cloaked his activities by registering the twelve to fifteen
vehicles in his name. Our recourse was to issue civil citation(s) to correct violations of parking
Although we proposed some language
regarding car repair operations at the Community Affairs and Parks Committee, we have
decided to pull that portion of the ordinance changes from consideration while we conduct
further research on the matter.
DISCUSSION
The proposed ordinance is intended to define and regulate three -two enforcement issues:
Vacant structures, car repair in residential zones and the use of recreational vehicles as
permanent dwellings outside a licensed mobile home park. The most critical is the vacant
nuisance structure and property. This is the seed of urban blight that will destroy neighborhoods
if permitted to continue unabated.
3
4
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Fifty thousand dollars for 2013 and 2014 has been budgeted for the abatement of vacant
nuisance structures and property. Abatement will proceed each year as funds allow. The City
will recover the cost of abatement by tax liens or liens against the real property.
RECOMMENDATION
The Council is being asked to consider this item at the February 11, 2013 Committee of the
Whole Meeting and subsequent February 18, 2013 Regular meeting.
ATTACHMENTS
I. A version of the ordinance as it appeared in the CAP packet with changes to existing
TMC (strike- through /underlined) and after changes by the Committee (shaded); and
a version of the ordinance with all changes incorporated
11. Photos — Vacant structures of Tukwila.
111. Vacant structure inventory.
W:12013 Info Memos- CouncillNuisanceQrd2.doc
Shaded text =
Removed after
1 -28 -13 CAP.
This version of the ordinance is as it appeared in the
1 -28 -13 CAP agenda packet, showing changes from
existing Tukwila Municipal Code language, by using
strike - through and underlining of text. The shaded text
was recommended for deletion after the CAP meeting.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2144
§2, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC)
SECTION 8.28.030, TO CLARIFY AND UPDATE THE
NUISANCE CODE AND ITS PROVISIONS; ESTABLISHING
NEW REGULATIONS REGARDING CAR I EPA R w.,.,,IN
RESIDENTIAL ZONES / ND RECREATIONAL VEHICLES, TO
BE CODIFIED AT TM' C SECTION 8.28.070
RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is necessary from time to time to add, revise and redefine the
nuisance code provisions as codified in Tukwila Municipal Code (TMC) Chapter 8.28;
and
WHEREAS, the abatement of nuisances caused by vacant buildings or premises
and the repair and rehabilitation of vacant buildings and premises is in the best interest
of the citizens of Tukwila, and it is the City Council's desire to regulate vacant buildings,
structures and premises to provide for the health, safety and welfare of its citizenry; and
WHEREAS, the current regulations regarding vacant buildings have proven to be
difficult to understand and enforce, and the City Council desires to update and clarify
those regulations; and
WHEREAS, regulations currently exist in the International Property Maintenance
Code and the International Building Code and the lntcrnational Fire Code that
address the problem of vacant buildings, structures and premises; and
WHEREAS, consolidating code language in a single location in the Tukwila
Municipal Code will facilitate enforcement of these regulations; and
WHEREAS, vacant buildings, structures and premises in general, particularly those
that contain hazardous materials or that are unknowingly occupied, may pose an
extraordinary danger to police officers or firefighters entering the premises during an
emergency; and
Shaded text =
Removed after
1 -28 -13 CAP.
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WHEREAS, it is in the City's best interest to discourage property owners from
allowing their properties to remain indefinitely vacant and /or in a state of disrepair, and
to provide an incentive for the return of vacant buildings, structures or premises to
productive use; and
WHEREAS, the elimination of neighborhood blight is in the City's best interest; and
Shaded text =
Removed after
1 -28 -13 CAP.
rre
Oa-
WHEREAS, the use of recreational vehicles as dwelling units on private property
was formerly regulated in TMC Chapter 5.32, which was repealed by Ordinance No.
2355; and
WHEREAS, the use of recreational vehicles as dwelling units on private property
can pose a threat to public health due to lack of proper sanitary disposal facilities; and
WHEREAS, use of the public right -of -way for long -term storage of recreational
vehicles interferes with the public's use of such right -of -way for short -term parking and
other authorized uses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 8.28.030 Amended. Ordinance No. 2144 §2, as codified
at Tukwila Municipal Code (TMC) Section 8.28.030, is hereby amended to read as
follows:
8.28.030 Vacant Buildings, Structures and Premises
A. All vacant buildings, structures and premises, and all vacant land, shall be
maintained in a clean, safe, secure and sanitary condition as required by the
International Property Maintenance Code.
B. Definitions. As used in TMC Chapter 8.28, the following definitions shall have
the meanings set forth below:
1. "Abandoned Premises" means buildings, structures and premises for
which an owner cannot be identified or located by dispatch of a certificate of mailing to
the last known or registered address, which persistently or repeatedly becomes
unprotected or unsecured, or which have structural collapse or fire spread to adjacent
properties.
2. "Boarded" means covering of all entry points, including all doors and
windows, with •I, wood or other materials for the •ur ose of preventin_ entry into the
building by persons or animals.
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3. "Chronic Nuisance Building or Premises" means a vacant nuisance building
or vacant nuisance premises that has been abated but is not maintained free from
violations for at least one year following abatement.
4. "Code Official" means the Building Official or designated Code
Enforcement Officer.
5. "IBC" means International Building Code.
Shaded text =
Removed after
1 -28 -13 CAP.
"IPMC means International Property Maintenance Code.
7. "Vacant Building" means a building or structure that has not been occupied
for over 30 days.
2, "V- cant i er Definod
T-asr�+trrcT -aldfT �--- gcrmzor
Definition: The Code Enforcement Officials or Building Official (otherwise
8. "Vacant Nuisance Building" means a building, structure or portion thereof
that is vacant and exists with any one or more of the following conditions:
a. Unoccupied and unsecured;
a. Unsecured against entry;.
b. Unoccupied, unsecured and so Old, dilapidated or has become so out
of repair as to be dangerous, unsafe, and unsanitary or otherwise unfit for human
habitation or occupancy;
c. Condemned by the Code Official;
d. and a dangerous structure;
e. Unoccupied and condemned by the Building Official;
f. Unoccupied and has multiple code violations;
#� d. Unoccupied Vacant for over 180 30 days, during which time the Code
Officials have has issued an order to correct the public nuisance violations and those
violations have not been corrected;
e. Not monitored and maintained in accordance with the IPMC.,
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f. Incomplete construction whereby the building permit has expired and
the construction project has been abandoned for more than 30 days;
q. An abandoned premises as defined in this section.
i. Unoccupied for over two years.
9. "Vacant Nuisance Premises" means the exterior premises of a vacant
building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage,
overgrown weeds, noxious weeds, unmaintained plant material- and landscaping, or
other violation of the IPMC for over 30 days, during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have not
been corrected.
C. Authority to Inspect. Whenever the Code Official has reason to believe that a
premise or a building is vacant, the Code Official may inspect the premises and /or the
building and surrounding premises.
D. Declaration of Nuisance. Abandoned premises, chronic nuisance buildings or
premises, vacant nuisance buildings, and vacant nuisance properties are found and
declared to be public nuisances.
2. Exceptions: Vacant buildings which are undergoing construction,
codes and regulations, and for which construction, renovation or rehabilitation is
proceeding diligently to completion. New buildings and those buildings undergoing
renovation that do not receive final inspections, or whose permits expire due to lack of
3. Inspection: Whenever the Code Official has reason to believe that a
building is vacant, the Code Official may inspect the building and surrounding premises.
upon which the building is located, stating the violations and required corrections, and
or real property upon which the building is located is in violation of this Section, an
•
approve if found acceptable. A Plan of Action may allow:
a. Extended boarding of openings;
b. Extended use of temporary security fencing;
c. Extended time before the demolition of a building is required; or
d. For substandard conditions to exist for a specific period of time, provided
the building is secured in an approved manner.
When considering a Plan of Action, the Building Official shall take into consideration
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B. APPEARANCE: Vacant buildings shall, in the opinion of the Code Official,
entry, which shall include the provision of windows and doors with adequate strength to
from the date the building becomes unoccupied or vacant. Where it is impractical to
secure the building by normal building amenities, the Code Official may permit thc use
consistent with the rest of the structure.
D. SECURITY FENCES: Temporaryy construction fencing shall not be used as a
method to secure a building from entry, but in the event the property owner is repairing
or remodeling the structure, temporary construction fencing may be used for a
E. WEATHER PROTECTION: The exterior roofing and siding shall be maintained
- - 1 4 -
FIRE SAFETY:
1. Fire protection systems: All fire suppression and alarms systems shall be
Department
Flammable liquids: No vacant building or premises or portion thereof shall
fire hazard.
3. Combustible materials: All debris, combustible materials, litter and
garbage shall be removed from vacant buildings, their acce -sory buildings and
items.
1. Fire inspections: Periodic fire inspections may be required at intervals set
forth by the Fire Chief or his designee.
G. TERMINATION OF UTILITIES:
1. Termination: The Code Official may, by written notice to the owner and to
the appropriate water, electricity or gas utility, request that water, electricity or gas
2. Restoration of service: If water, electricity or gas service has been
terminated-or-disconnected, no one except the utility may take any action to restore thc
written notification is given by the Code Official that service may be restored.
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authorized to summarily abate the violation by closing the building to unauthorized
by law.
Section 110.
E. Enforcement.
1. Enforcement of this section shall be in accordance with TMC Chapter 8.45.
2. The owner of an abandoned premise, vacant nuisance building or vacant
nuisance premises. shall be subject to the penalties set forth in TMC Chapter 8.45.
3. Should a Violation Notice and Order be issued pursuant to TMC Chapter
8.45 and if compliance has not been achieved within 30 days from the date of the
Violation Notice, the Code Official may proceed with abatement of the nuisance in
accordance with TMC Section 8.45.105. The costs of such abatement, including any
unpaid penalties, shall be recovered through a lien against the property.
4. Owners of chronic nuisance buildings or premises shall immediately and
without notice be cited with penalties in accordance with TMC Section 8.45.100.
blished. T
Residential Zones," is hereby established to read as follows:
- :+:.II
Shaded text =
Removed after
1 -28 -13 CAP.
10
8.28:060 Car Repair in Residential Zones
ir= is- defined as adding or replacing oil or other fluids and
the exchange-of minor or parts, such as tires, batteries, belts and the like.
B. Minor car repair in residential zones is permitted as long as all of the
All work is conducted by the vehicle owner.
2. All work is conducted inside a garage—at—the—vehicle owner's
reacir{canr+es
C. Replacement of major components such as engines; 4Fa sr s ic, s tee
like is prohibited.
D. Major body work or painting is prohibited.
Section 2. Regulations Established. TMC Section 8.28.070, "Recreational
Vehicles,,, is hereby established to read as follows:
8.28.070 Recreational Vehicles
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A. Definitions:
1. "Recreational Vehicle" means travel trailer, motorhome, or the like used for
temporary accommodations while traveling. Recreational vehicles also include boats,
personal watercraft, snowmobiles and the like.
2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or
bathing for longer than two weeks in any six month period.
B. Recreational vehicles may not be occupied as a dwelling unit in any zone,
except when parked in a licensed mobile home park.
C. Recreational vehicles may be stored on private property on improved surfaces
as specified in TMC Chapter 8.25.
D. It is unlawful to park or store recreational vehicles on the public right -of -way
except when actively loading or unloading.
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 , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, 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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DRAFT
This version of the draft ordinance reflects
the ordinance language if all the proposed
changes are accepted by the City Council.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NO. 2144 §2, AS CODIFIED AT TUKWILA MUNICIPAL
CODE (TMC) SECTION 8.28.030, TO CLARIFY AND
UPDATE THE NUISANCE CODE AND ITS PROVISIONS;
ESTABLISHING NEW REGULATIONS REGARDING
RECREATIONAL VEHICLES, TO BE CODIFIED AT TMC
SECTION 8.28.070; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, it is necessary from time to time to add, revise and redefine the
nuisance code provisions as codified in Tukwila Municipal Code (TMC) Chapter 8.28;
and
WHEREAS, the abatement of nuisances caused by vacant buildings or premises
and the repair and rehabilitation of vacant buildings and premises is in the best interest
of the citizens of Tukwila, and it is the City Council's desire to regulate vacant buildings,
structures and premises to provide for the health, safety and welfare of its citizenry; and
WHEREAS, the current regulations regarding vacant buildings have proven to be
difficult to understand and enforce, and the City Council desires to update and clarify
those regulations; and
WHEREAS, regulations currently exist in the International Property Maintenance
Code and the International Building Code that address the problem of vacant buildings,
structures and premises; and
WHEREAS, consolidating code language in a single location in the Tukwila
Municipal Code will facilitate enforcement of these regulations; and
WHEREAS, vacant buildings, structures and premises in general, particularly those
that contain hazardous materials or that are unknowingly occupied, may pose an
extraordinary danger to police officers or firefighters entering the premises during an
emergency; and
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13
WHEREAS, it is in the City's best interest to discourage property owners from
allowing their properties to remain indefinitely vacant and /or in a state of disrepair, and
to provide an incentive for the return of vacant buildings, structures or premises to
productive use; and
WHEREAS, the elimination of neighborhood blight is in the City's best interest; and
WHEREAS, the use of recreational vehicles as dwelling units on private property
was formerly regulated in TMC Chapter 5.32, which was repealed by Ordinance No.
2355; and
WHEREAS, the use of recreational vehicles as dwelling units on private property
can pose a threat to public health due to lack of proper sanitary disposal facilities; and
WHEREAS, use of the public right -of -way for long -term storage of recreational
vehicles interferes with the public's use of such right -of -way for short -term parking and
other authorized uses;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 8.28.030 Amended. Ordinance No. 2144 §2, as codified
at Tukwila Municipal Code (TMC) Section 8.28.030, is hereby amended to read as
follows:
8.28.030 Vacant Buildings, Structures and Premises
A. All vacant buildings, structures and premises, and all vacant land, shall be
maintained in a clean, safe, secure and sanitary condition as required by the
International Property Maintenance Code.
B. Definitions. As used in TMC Chapter 8.28, the following definitions shall have
the meanings set forth below:
1. "Abandoned Premises" means buildings, structures and premises for
which an owner cannot be identified or located by dispatch of a certificate of mailing to
the last known or registered address, which persistently or repeatedly becomes
unprotected or unsecured, or which have structural collapse or fire spread to adjacent
properties.
2. "Boarded" means covering of all entry points, including all doors and
windows, with plywood or other materials for the purpose of preventing entry into the
building by persons or animals.
3. "Chronic Nuisance Building or Premises" means a vacant nuisance building
or vacant nuisance premises that has been abated but is not maintained free from
violations for at least one year following abatement.
4. "Code Official" means the Building Official or designated Code
Enforcement Officer.
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Page 2 of 5
5. "IBC" means International Building Code.
6. "IPMC" means International Property Maintenance Code.
7. "Vacant Building" means a building or structure that has not been occupied
for over 30 days.
8. "Vacant Nuisance Building" means a building, structure or portion thereof
that is vacant and exists with any one or more of the following conditions:
a. Unsecured against entry;
b. Old, dilapidated or has become so out of repair as to be dangerous,
unsafe, and unsanitary or otherwise unfit for human habitation or occupancy;
c. Condemned by the Code Official;
d. Vacant for over 30 days, during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have not
been corrected;
e. Not monitored and maintained in accordance with the IPMC;
f. Incomplete construction whereby the building permit has expired and
the construction project has been abandoned for more than 30 days;
g. An abandoned premises as defined in this section.
9. "Vacant Nuisance Premises" means the exterior premises of a vacant
building, or vacant land that harbors junk vehicles, accumulation of rubbish or garbage,
overgrown weeds, noxious weeds, unmaintained plant material and landscaping, or
other violation of the IPMC for over 30 days, during which time the Code Official has
issued an order to correct the public nuisance violations and those violations have not
been corrected.
C. Authority to Inspect. Whenever the Code Official has reason to believe that a
premise or a building is vacant, the Code Official may inspect the premises and /or the
building and surrounding premises.
D. Declaration of Nuisance. Abandoned premises, chronic nuisance buildings or
premises, vacant nuisance buildings, and vacant nuisance properties are found and
declared to be public nuisances.
E. Enforcement.
1. Enforcement of this section shall be in accordance with TMC Chapter 8.45.
2. The owner of an abandoned premise, vacant nuisance building, or vacant
nuisance premises, shall be subject to the penalties set forth in TMC Chapter 8.45.
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3. Should a Violation Notice and Order be issued pursuant to TMC Chapter
8.45 and if compliance has not been achieved within 30 days from the date of the
Violation Notice, the Code Official may proceed with abatement of the nuisance in
accordance with TMC Section 8.45.105. The costs of such abatement, including any
unpaid penalties, shall be recovered through a lien against the property.
4. Owners of chronic nuisance buildings or premises shall immediately and
without notice be cited with penalties in accordance with TMC Section 8.45.100.
Section 2. Regulations Established. TMC Section 8.28.070, "Recreational
Vehicles," is hereby established to read as follows:
8.28.070 Recreational Vehicles
A. Definitions:
1. "Recreational Vehicle" means travel trailer, motorhome, or the like used for
temporary accommodations while traveling. Recreational vehicles also include boats,
personal watercraft, snowmobiles and the like.
2. "Occupied as a dwelling unit" means used for sleeping, cooking, eating or
bathing for longer than two weeks in any six month period.
B. Recreational vehicles may not be occupied as a dwelling unit in any zone,
except when parked in a licensed mobile home park.
C. Recreational vehicles may be stored on private property on improved surfaces
as specified in TMC Chapter 8.25.
D. It is unlawful to park or store recreational vehicles on the public right -of -way
except when actively loading or unloading.
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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, 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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18
Vacant Structures of Tukwila
ATTACHMENT 11
13217 40th Ave. S.
15010 MaeAdam Road S.
4651 S 146th Street
15026 42" Ave S.
19
20
ATTACHMENT 111
Vacant Structures
CC
Status
On 02 -29 -12 Bank of
America secured and
cleaned up property.
Attractive nuisance.
Problem Property
Owner walked away.
Property has become a
dumping site for
neighborhood. Possible
squatters.
Attractive nuisance
Problem Property
Attractive nuisance
Problem Property
03 -23 -12 Property cleaned
up. Repeat offender
Property owner has fenced
off the property.
0
y
C
A
E
o
0
Police and
citizen
complaints
Police, fire
and citizen
complaints
Citizen
complaint
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y
C
c Ta
NE
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U U
Citizen
Complaints
Citizen
Complaints
Citizen
Complaints
Citizen
Complaints
Citizen
Complaints
and Police
Calls
a
Comments
Recent Foreclosure.
Structure destroyed by Fire.
No one taking responsibility
Unable to locate property
owner.
2001 Construction of and
moving existing house onto
a foundation. All permits
expired.
2006 Remodeling &
relocating home onto
foundation. All permits
expired.
Unable to locate property
owner
Across from High School.
Unable to locate property
owner
Unable to locate property
owner
Church is trying to sell
property
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Property Address
11854 42nd Ave S.
15010 MacAdam Road S.
5155 S. 160th Street
13217 40th Ave S.
4033 S. 128th Street
4321 S. 140th Street
13862 38th Ave S.
15436 42th Ave S.
0
Owner from KC taxes
Gaskill, Herbert
(Deceased)
Dempere, Jackie
Dempere, Jackie
Calleung, Flory A.
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Vacant Structures
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Attractive nuisance
Problem Property
Attractive nuisance
Problem Property.
Overgrowth cutback
January 2013 - Property
being worked on.
Attractive nuisance
Problem Property
Problem Property.
Someone working on
the overgrowth.
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remodeled without permits.
All work ceased January
2010. Unable to locate
responsible party.
Structure is deteriorating.
PL10 -062 Development
agmt for 12,500 sq. ft mixed
use bldg. NCC Zoning
Dead end road, Property
owner out of state.
Unable to locate property
owner
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Phan, Jimmy
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Two vacant trailers on
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4014 S. 115th Street
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Vacant Structures
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Property cleaned up and
maintained.
01-11-12 Garbage
removed.
Structure being worked
on
Property is cleaned up
and now up for sale.
Recent purchase
Overgrowth being cut
back and new gate
being put up.
Structure is being used. I
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Structure is tucked away
behind large trees and
bushes; can not be seen
from right -of -way. Unable to
locate property owner.
New complaint trying to
reach property owner.
Property owner acquired
Demo permit 011 -057
(March 2011) Structure
remains.
Vacant for years. Owner
passed away; family walked
away from property. BAC
Field Services maintaining
,front yard.
Recent new owners.
Bank now owns property
Prior tenants were hoarders,
tenants were evicted and
property owner working on
removing all rubbish.
Someone working on
property.
Accessory structure was in
fire years ago, never
demolished or repaired.
Owner died 2 years ago,
Property being cleaned up
slowly.
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13741 Macadam Road S.
5210 S. 142nd Street
12221 44th Ave S.
14426 42nd Ave S.
4462 S. 150th Street
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Cyril, Mork
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property, Stopped paying
Mortgage but was still
renting out property. 06 -18-
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and structure vacant.
Property being maintained.
Property being maintained.
Property being maintained.
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derelict. Falling apart and
being used.
Structure was completely
destroyed inside when
home was foreclosed.
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4260 S. 148th Street
4454 S. 158th Street
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12253 47th Ave S.
12219 47th Ave S.
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Sergio, Salinas
Flagstar Bank, FSB
Baldridge, Thelma
IVeeny, Van
Rivera, Romeo E.
Albrecht, Leanna
Wallin, James G
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ATTACHMENT 111
Vacant Structures
CC
Property being
maintained.
Property being
maintained
Property being
maintained
Property being
maintained
Property being
maintained
Property in limbo, No
foreclosure started
Property being
maintained
Property being
maintained
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Citizen
Complaints
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owner.
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11609 39th Ave S.
13862 38th Ave S.
16642 53rd Ave S.
14800 46th Ave S.
0
Norris, Nancy
Behnke, John
Wells Fargo Bank
Jensen, Martin David
Adams, David
Voiland, Steven
Condon, Florence
Folau, liaise
US Bank National
Association
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27
Community Affairs & Parks Committee Minutes January 28, 2013 — Page 2
C. Ordinance: Public Nuisances
Staff is seeking Council approval of an ordinance amending Tukwila Municipal Code Chapter 8 regarding
public nuisances. The amendment will define and regulate vacant structures, car repair in residential zones,
and recreational vehicles as dwellings outside of a licensed mobile home park. Additionally many topics
previously included in the Chapter are also included in the International Property Maintenance Code used
by the City. This duplication is not necessary.
The three significant changes are summarized below:
• Clarification of definitions for vacant buildings, structures and premises, including abandoned,
boarded and chronic nuisance. Defines vacancy as 30 days.
• Adds regulations for car repairs in residential zones, allowing minor car repair to be conducted be a
vehicle owner inside a garage at the vehicle owner's residence.
• Defines and adds regulations regarding recreational vehicles including storage and use as a
dwelling unit when not in a license mobile home park.
Committee Members expressed concerns in regard to regulating car repair to the extent of the specificity as
outlined in the draft ordinance. The Committee requested additional research be conducted in comparison to
surrounding cities' codes relating to specific car repair regulations and the length of time a recreational
vehicle can be occupied as a dwelling unit. Staff will conduct the research as requested by the Committee,
and present the findings during discussion at full Council. UNANIMOUS APPROVAL. FORWARD TO
FEBRUARY 11 COW FOR DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 6:33 p.m.
Next meeting.: Monday, February 11, 2013 — 5:00 p.m. — Conference Room #3
Minutes by KAM.
Committee Chair Approval
29