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HomeMy WebLinkAboutReg 2013-02-19 Item 4B - Ordinance - TMC Chapter 8.28 "Nuisance Code" UpdateCOUNCIL AGENDA SYNOPSIS Initials Meetin. Date Pre.ared b Major's review Council review 02/11/13 KAS In aili. tr1♦ .� 02/19/13 KAS ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY 0 Discussion a Ordinance Mtg Date Mtg Date 02/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR I 1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW ITEM INFORMATION ITEM NO. 4.B. 33 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 0 Discussion a Ordinance Mtg Date Mtg Date 02/19/13 SPONSOR ❑ Council ❑ Mayor ❑ HR I 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. COMMrhTEE 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 Forward to next Regular Meeting 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 Ordinance in final form 33 34 Washington Ordinance No, 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 W: Word Processing \Ordinances\Nuisance Code updated final 2-12-13 KS:bjs Page 1 of 5 35 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. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs 36 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. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs Page 3 of 5 37 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. W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs 38 Page 4 of 5 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: W: Word Processing \Ordinances \Nuisance Code updated final 2 -12 -13 KS:bjs Page 5 of 5 39