HomeMy WebLinkAboutOrd 1838 - Code Enforcement Procedures
Cover page to Ordinance1838
The full text of the ordinance follows this cover page.
Ordinance 1838 was amended or repealed by the following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord# Section(s) Repealed Repealed by Ord #
2 2 2547
2125
2 (part) 2 (part) 2038
2120, 2373
6, 163 2315
2549
134 2002
1906
5 2057
7 1868
8, 91995
112314
122121
132047
152062
162740
172303
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Repealed by 2303 §17, 2314 §11,
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Washington
Ordinance No. is
v 6 s p ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
1671, 1740, AND 1749 AS CODIFIED AT TUKWILA
G g� �l MUNICIPAL CODE CHAPTER 8.45; ADOPTING A NEW
TMC CHAPTER 8.45 RELATING TO CODE ENFORCEMENT
5 j a p b a 1 PROCEDURES; AMENDING VARIOUS TMC SECTIONS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City wishes to ensure more efficient and effective processing of civil code violations; and
WHEREAS, the existing Chapter 8.45 does not provide for enforcement through the issuance of civil
infraction citations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 1671, 1740 and 1749, are hereby repealed.
Section 2. TMC Chapter 8.45, Enforcement. Tukwila Municipal Code Chapter 8.45, retitled
"Enforcement," shall read as follows:
CHAPTER 8.45
ENFORCEMENT
Section 8.45.010 Purpose.
The purpose of this chapter is to establish an efficient process for enforcement of code violations.
Section 8.45.020 Scope.
The procedures set forth in this chapter shall be utilized to enforce violations of the Tukwila Municipal
Code, as such violations are described within the Code, and as this chapter is referenced throughout the Code.
Section 8.45.030 Violations.
A. It is unlawful for any person to initiate, maintain, or cause to be initiated or maintained, the use of any
structure, land or property within the City without first obtaining the permits or authorizations required for the
use by the applicable provisions of any of the Tukwila Municipal Code.
B. It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed,
located, or demolished, any structure, land, or property within the City in any manner that is not permitted by the
terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code.
C. It is unlawful for any person to engage in or conduct business within the City of Tukwila without first
obtaining appropriate business licensing.
D. It is unlawful to:
chapter;
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this
CODEENFC. DOC 412198 1
2. Misrepresent any material fact in any application, plans, or other information submitted to obtain
any building or construction authorization; and,
E. It is unlawful to:
TMC 5.04.115 Penalties.
8.22.290 Penalties.
8.28.260 Violation Penalty.
9.32.200 Penalties.
9.44.130 Enforcement.
11.22.220 Violation Penalties.
13.08.120 Enforcement.
14.06.070 Penalties.
14.16.110 Penalty for violation.
16.04.030 Uniform codes adopted.
16.16.072 Parking in fire lanes prohibited.
16.52.080 Penalties for noncompliance.
16.54.300 Penalties.
17.32.020 Penalties.
19.36.010 Penalty for violations.
Section 8.45.040 Enforcement.
3. Fail to comply with any of the requirements of an order to cease activity issued under this chapter
or issued pursuant to authority provided in other chapters of the Tukwila Municipal Code.
1. Maintain, allow, permit or fail to prevent a nuisance as defined in Tukwila Municipal Code Chapter
8.28 or as defined throughout the Tukwila Municipal Code; and
2. Fail to comply with any applicable provisions of the Tukwila Municipal Code, including, but not
limited to, the regulations and requirements found in the following sections of the Tukwila Municipal Code, as
now in effect or as may be amended hereafter:
A. The Code Enforcement Officer(s) is /are the person(s) authorized by the Mayor to enforce the civil
provisions of the Tukwila Municipal Code.
B. The Code Enforcement Officer shall have the responsibility for enforcement of this chapter. The Code
Enforcement Officer may call upon the police, fire, building, public works or other appropriate City departments
to assist in enforcement. As used in this chapter, "Code Enforcement Officer" shall also mean his or her duly
authorized designee.
C. This chapter shall be enforced for the benefit of the health, safety, and welfare of the general public, and
not for the benefit of any particular person or class of persons.
D. It is the intent of this chapter to place the obligation for complying with its requirements upon the
owner, occupier, tenant, manager, agent, or other person responsible for 'the condition of land and buildings
situated within the City of Tukwila and within the scope of the Tukwila Municipal Code.
E. No provision or any term used in this chapter is intended to impose any duty upon the City or any of its
officers or employees which would subject them to damages in a civil action.
Section 8.45.050 Investigation, Civil Infraction Citations and Notices of Violation.
A. Upon presentation of proper credentials, the Code Enforcement Officer may, with the consent of the
owner or occupier of a building or premises enter at reasonable times any building or premises in order to perform
the duties imposed by this chapter.
B. Investigation: The Code Enforcement Officer shall investigate any structure or use which he or she
reasonably believes does not comply with the applicable standards and requirements of the Tukwila Municipal
Code.
C. Civil Infraction Citation: If after investigation, or after the complaint of residents or others, the Code
Enforcement Officer has probable cause to believe that the applicable standards or requirements of the Tukwila
Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction citation in
accordance with RCW 7.80, which is incorporated herein by this reference, upon the owner, tenant, occupier,
manager, agent, or other person responsible for the condition.
CODEENFC.DOC 4/2/98 2
D. Notice of Violation: Alternatively, after investigation, or based upon the complaint of residents or
others, the Code Enforcement Officer may serve a Notice of Violation upon the owner, tenant, occupier,
manager, agent, or other person responsible for the condition. The Notice of Violation shall contain the following
information:
1. A statement of each standard, code provision or requirement violated;
2. What corrective action, if any, is necessary to comply with the standards, code provision or
requirement; and,
3. A reasonable time for compliance.
4. An explanation of the appeal process and the specific information required to file an appeal.
E. Service of a Notice of Violation: A Notice of Violation shall be served on the owner, tenant, occupier,
manager, agent, or other person responsible for the condition by personal service, registered mail, or certified mail
with return receipt requested, addressed to the last known address of such person. 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 Code Enforcement Officer 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 (2) consecutive weeks in the City's official
newspaper; and
2. Mailing a copy of the notice to each person named on the Notice of Violation 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 Notice of Violation may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation.
Section 8.45.060 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 Notices of Violation: Persons receiving a Notice of
Violation shall rectify the code violations identified within the time period specified by the Code Enforcement
Officer pursuant to Section 8.45.050(C) of this chapter.
C. Order Becomes Final Unless Appealed: Unless an appeal is filed with the Code Enforcement Officer for
hearing before the Hearing Examiner in accordance with Section 8.45.090(A) of this chapter, the Notice of
Violation shall become the final order of the Code Enforcement Officer. A copy of the notice may be filed and
recorded with the King County Recorder.
Section 8.45.070 Stop Work Orders.
Whenever a continuing violation of this Code will materially impair the Code Enforcement Officer's ability
to secure compliance with this Code, or when the continuing violation threatens the health or safety of the public,
the Code Enforcement Officer may issue a Stop Work Order specifying the violation and prohibiting any work or
other activity at the site. Any violation of a Stop Work Order is hereby declared to be a nuisance and the Code
Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as
may be available. The costs for the injunction or abatement shall be recovered by the City from the owner,
tenant, occupant, manager, agent, or other responsible person in the manner provided by law.
Section 8.45.080 Emergency Orders.
Whenever any use or activity in violation of the Tukwila Municipal Code threatens the health and safety of
the occupants of the premises or any member of the public, the Code Enforcement Officer may issue an
Emergency Order directing that the use or activity be discontinued and the condition causing the threat to the
public health and safety be corrected. The Emergency Order shall specify the time for compliance and shall be
CODEENFC.DOC 4/2/98 3
posted in a conspicuous place on the property, if posting is physically possible. Any condition described in the
Emergency Order which is not corrected within the time specified is hereby declared to be a public nuisance and
the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable
means as may be available. The cost of such abatement shall be recovered from the owner, tenant, occupant,
manager, agent, or other person responsible in the manner provided by law.
Section 8.45.090 Appeal to Hearing Examiner.
A. The person incurring the penalty described in a Notice of Violation issued by the Code Enforcement
Officer pursuant to Section 8.45.050(C) of this chapter may obtain an appeal of the Notice by requesting such
appeal within ten (10) calendar days after receiving or otherwise being served with the Notice pursuant to Section
8.45.050 of this chapter. When the last day of the period so computed is a Saturday, Sunday or federal or City
holiday, the period shall run until 4:30 p.m. on the next business day. The request shall be in writing, and upon
receipt of the appeal request, the Code Enforcement Office 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 Notice of
Violation under the procedures described in Section 8.45.050(D) of this chapter or as may be otherwise requested
by the appealing party.
B. At or after the appeal hearing, the Hearing Examiner may:
1. Sustain the Notice of Violation;
2. Withdraw the Notice of Violation;
3. Continue the review to a date certain for receipt of additional information; or
4. Modify the Notice of Violation, which may include an extension of the compliance date.
C. The Hearing Examiner shall issue a written decision within fourteen (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 Notice of Violation
under the same procedures described in Section 8.45.050(D) of this chapter or as otherwise directed by the
appealing party.
D. 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 twenty -one (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.
Section 8.45.100 Penalties.
A. Violations of the Tukwila Municipal Code:
1. Civil Infraction Citation.
a. Any person violating or failing to comply with the provisions of the Tukwila Municipal Code,
may be issued a civil infraction citation pursuant to Section 8.45.050(B) of this chapter. 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. Notice of Violation.
a. Any person violating or failing to comply with the provisions of the Tukwila Municipal Code,
may, in the alternative, be issued a Notice of Violation which shall carry with it a cumulative monetary penalty of
$500.00 per day for each violation from the date set for compliance until compliance with the Notice of Violation
or order is achieved.
b. In addition to any penalty which may be imposed by the City, any person violating or failing to
comply with any of the provisions of the Tukwila Municipal Code 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 Notice of Violation may be collected by civil action
brought in the name of the City. The Code Enforcement Officer 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 Code Enforcement Officer,
take appropriate action to collect the penalty.
CODEENFC.DOC 4/2/98 4
B. Additional Relief: The Code Enforcement Officer may seek legal or equitable relief to enjoin any acts or
practices and abate any condition which constitutes or will constitute a violation of the Tukwila Municipal Code.
The remedies provided in this chapter are cumulative and shall be in addition to any other remedy provided by
law.
C. Subdivision Violations: Any person, firm, corporation, or association or any agent of any person, firm,
corporation, or association who violates any provision of RCW 58.17 or Tukwila Municipal Code Title 17,
Subdivisions, relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land, shall be guilty of
a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in
violation of any provision of RCW 58.17 or Tukwila Municipal Code Title 17, Subdivisions, shall be deemed a
separate and distinct offense.
Section 3. TMC 5.04.115, Penalties. Tukwila Municipal Code Chapter 5.04.115 is hereby created to
read as follows:
Any violation of this chapter, or failure to comply with any of the requirements of this chapter, shall be
subject to the penalties prescribed in Chapter 8.45 of the Tukwila Municipal Code "Enforcement and shall be
imposed pursuant to the procedures and conditions set forth in that chapter.
Section 4. TMC 8.22.290, Penalties. Ordinance No. 1363, as codified at Tukwila Municipal Code
Chapter 8.22.290, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 5. TMC 8.28.260, Violation Penalty. Ordinance No. 1363, as codified at Tukwila Municipal
Code Chapter 8.28.260, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 6. TMC 9.32.200, Penalties. Ordinance No. 1370, as codified at Tukwila Municipal Code
Chapter 9.32.200, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 7. TMC 9.44.130, Enforcement. Ordinance No. 1660, as codified at Tukwila Municipal Code
Chapter 9.44.130, is hereby amended to read as follows:
A. Compliance: For the purpose of this chapter, compliance shall mean submitting all required reports and
documentation at the prescribed times and fully implementing all provisions in an approved CTR program.
B. Violations: The following actions shall constitute a violation of this chapter:
1. Failure to implement an approved CTR program, unless the program elements that are carried out
can be shown through quantifiable evidence to meet or exceed VMT and SOV goals as specified in this chapter.
Failure to implement a CTR program includes, but is not limited to:
a. Failure to submit a complete CTR program within the deadlines specified;
b. Failure to submit required documentation for annual reports; and /or,
c. Submittal of fraudulent data.
2. Failure to modify a CTR program found to be unacceptable by the City following program review.
C. .Penalties: Any violation of any provision, or failure to comply with any of the requirements of this
chapter, shall be subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 8. TMC 11.22.220, Violation Penalties. Ordinance No. 1341, as codified at Tukwila
Municipal Code Chapter 11.22.220, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
CODEENFC.DOC 4/2/98 5
Section 9. TMC 13.08.120, Enforcement. Ordinance No. 486 7, as codified at Tukwila Municipal
Code Chapter 13.08.120, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 10. TMC 14.06.070, Penalties. Ordinance No. 951, as codified at Tukwila Municipal Code
Chapter 14.06.070, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 11. TMC 14.16.110, Penalty for violation. Ordinance No. 1714, as codified at Tukwila
Municipal Code Chapter 14.16.110, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 12. TMC 16.04.030, Uniform codes adopted. Tukwila Municipal Code Chapter 16.04.030 is
hereby amended to read as follows:
A. Effective June 30, 1995, the following codes are adopted by reference as if fully set forth:
1. The Uniform Building Code 1994 Edition, including Appendix Chapters: 3, Division II (Agricul-
tural Buildings); 12, Division II (Sound Transmission Control); 15, (Reroofing); 31, Division II (Membrane
Structures); 31, Division -III (Patio Covers); and standards hereto as published by the International Conference of
Building Officials and as adopted by the State of Washington in Chapter 51 -30 WAC.
a. Section 103 of the Uniform Building Code, 1994 Edition, is amended to include:
"The violation of any provision, or failure to comply with any of the requirements of this chapter, shall be subject
to the terms and conditions of TMC Chapter 8.45 "Enforcement
b. Sections 1514 and 1515, Appendix Chapter 15 of the Uniform Building Code, 1994 Edition,
are amended to exclude Group R., Division 3, single family dwellings. A building permit will not be required for
reroofing single- family residences.
2. The Uniform Plumbing Code and the Uniform Plumbing Code Standards 1991 Edition, published
by the International Association of Plumbing and Mechanical Officials, and as adopted by the State of Washington
in Chapter 51 -26 WAC, and as adopted or amended by King County, which King County Code is hereby
included by reference. The Seattle -King County Plumbing Board of Appeals is hereby authorized to hear and
determine all matters subject to appeal as specified in such Code.
3. The Uniform Mechanical Code, 1994 Edition, including Chapter 13, Fuel Gas Piping, Appendix B,
as published by the International Conference of Building Officials and as adopted by the State of Washington in
Chapter 51 -22 WAC.
'4. The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, as published by the
International Conference of Building Officials.
Section 13. TMC 16.16.072, Parking in fire lanes prohibited. Tukwila Municipal Code Chapter
16.16.072 is hereby amended to read as follows:
A. Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a
police or fire official or traffic control sign, signal or device, no person shall:
1. Stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs
are posted, except:
a. Momentarily to pick up or discharge a passenger or passengers, or
b. Temporarily for the purpose of and while actually engaged in loading property.
B. Any violation of any provision, or failure to comply with any of the requirements of this chapter,
shall be subject to the terms and conditions of Chapter 8.45 "Enforcement
CODEENFC.DOC 4/2/98 6
Section 14. TMC 16.52.080, Penalties for noncompliance. Ordinance No. 1462, as codified at
Tukwila Municipal Code Chapter 16.52.080, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter, shall be
subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 15. TMC 16.54.300, Penalties. Ordinance No. 1591 6.6, as codified at Tukwila Municipal
Code Chapter 16.54.300, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter,
shall be subject to the terms and conditions of Chapter 8.45 "Enforcement
Section 16. TMC 17.32.020, Penalties. Ordinance No. 1014, as codified at Tukwila Municipal Code
Chapter 17.32.020, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter,
shall be subject to the terms and conditions of TMC 8.45 "Enforcement
Section 17. TMC 19.36.010, Penalty for violations. Ordinance No. 1274, as codified at Tukwila
Municipal Code Chapter 19.36.010, is hereby amended to read as follows:
Any violation of any provision, or failure to comply with any of the requirements of this chapter,
shall be subject to the terms and conditions of TMC 8.45 "Enforcement
Section 18. 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 19. 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 and effect five (5) days after passage and
publication as provided by law.
PASSED B_Y� CITY COUNCjJgOF TI- CITY OF TUKWILA, WASHINGTON, at a Regular Meeting
thereof this day of Y� 1998.
Co
ATTEST /AUTHENTICATED:
e E. Cantu, City Clerk
APP' e (I AS TO FORM:
By
Office of the City Attorney
CODEENFC.DOC 4/2/98
FILED WITH THE CITY CLERK: 1/4/
PASSED BY THE ITY COUNCIL:
PUBLISHED: 3/ /O�p
EFFECTIVE DA E: l/ /y r
ORDINANCE NO.:
n W. Rants, Mayor
7
On to the City Council of the City of Tukwila passed Ordinance
No. /t 'X adopting a new TMC Chapter 8.45 and amending various TMC sections
relating to code enforcement procedures and penalties; repealing Ordinance Nos. 1671, 1740, and
1749 as codified at Tukwila Municipal Code Chapter 8.45; providing for severability and
establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times:
SUMMARY OF ORDINANCE NO. 2
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, REPEALING
ORDINANCE NOS. 1671, 1740, AND 1749 AS
CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 8.45; ADOPTING A NEW TMC CHAPTER
8.45 RELATING TO CODE ENFORCEMENT
PROCEDURES; AMENDING VARIOUS TMC
SECTIONS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
CITY OF TUKWILA
Le
JaniE) Cantu, City Clerk