HomeMy WebLinkAboutOrd 2125 - Enforcement Compliance Agreements and Compensation Requirements (Repealed by Ord 2547)
Cover page to Ordinance 2125
The full text of the ordinance follows this cover page.
Ordinance 2125 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed Repealed by Ord #
2547
City of Tukwila
Washington
Ordinance No. 2125
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 1838 §2 AND 2067 §1,
AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.45,
"ENFORCEMENT," ESTABLISHING PROCEDURES FOR VOLUNTARY
CODE COMPLIANCE AGREEMENTS; ESTABLISHING REGULATIONS
AND COMPENSATION REQUIREMENTS FOR CITY ABATEMENT
EXPENSES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council believes that more efficient and effective processing of
civil code violations could be realized through the use of written agreements to help
achieve voluntary code compliance; and
WHEREAS, in cases where abatement by the City becomes necessary, the City
Council desires that Tukwila's code clarify those expenses resulting from code
enforcement actions that will be recoverable by the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Amended. Ordinance Nos. 1838 2 and 2067 1, as codified
at Tukwila Municipal Code Chapter 8.45, "Enforcement," are hereby amended to read as
follows:
CHAPTER 8.45
ENFORCEMENT
Sections:
8.45.010 Purpose
8.45.020 Scope
8.45.030 Violations
8.45.040 Enforcement
8.45.045 Voluntary Correction and Limited Right to Enter Property
8.45.050 Investigation, Civil infraction, and Violation Notice and Order
8.45.060 Time In Which To Comply
8.45.070 Stop Work Orders
8.45.080 Emergency Orders
8.45.090 Appeal To Hearing Examiner
8.45.100 Penalties
8.45.105 Abatement by the City
8.45.110 Additional Enforcement Mechanism
8.45.120 Chapter 35.80 RCW Adopted
8.45.130 Improvement Officer and Appeals Commission Designated
8.45.140 Improvement Officer Authority Issuance of Complaint
8.45.150 Service of Complaint
8.45.160 Complaint Hearing
8.45.170 Determination, Findings of Fact, and Order
8.45.180 Appeal to Appeals Commission
8.45.190 Appeal to Superior Court
8.45.200 Recommendation /Penalties
8.45.210 Tax Lien
8.45.220 Salvage
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8.45.010 Purpose
The purpose of TMC Chapter 8.45 is to establish an efficient system to enforce the
development, land use, and public health regulations of the City; to provide an
opportunity for a prompt hearing and decision on alleged violations of these
regulations; to establish penalties for violations, including abatement of any affected
properties; and to collect all costs associated with abatement, including
relocation /assistance expenses, pursuant to TMC Chapter 8.46.
8.45.020 Scope
The procedures set forth in TMC Chapter 8.45 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.
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:
1. Remove or deface any sign, notice, complaint or order required by or
posted in accordance with TMC Chapter 8.45;
2. Misrepresent any material fact in any application, plans, or other
information submitted to obtain any building or construction authorization; and,
3. Fail to comply with any of the requirements of an order to cease activity
issued under TMC Chapter 8.45 or issued pursuant to authority provided in other
chapters of the Tukwila Municipal Code.
E. It is unlawful to:
1. Maintain, allow, permit or fail to prevent a nuisance as defined in TMC
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:
5.04.115 Penalties
8.22.290 Penalties
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
16.04.020 Uniform codes adopted
16.16.072 Parking in fire lanes prohibited
16.52.080 Penalties for noncompliance
16.54.300 Penalties
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8.45.040 Enforcement
17.28.020 Penalties
19.36.010 Penalty for violations
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
TMC Chapter 8.45. The Code Enforcement Officer may call upon the police, fire,
building, public works or other appropriate City departments to assist in enforcement.
The Code Enforcement Officer may seek assistance from outside agencies or private
contractors, should the need exist. As used in TMC Chapter 8.45, "Code Enforcement
Officer" shall also mean his or her duly authorized designee.
C. TMC Chapter 8.45 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 TMC Chapter 8.45 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 TMC Chapter 8.45 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.
8.45.045 Voluntary Correction and Limited Right to Enter Property
A. APPLICABILITY. While it is the City's desire to obtain voluntary correction
pursuant to TMC Chapter 8.45, compliance is not a prerequisite for pursuing any of the
other remedies for correction in TMC Chapter 8.45, or any remedies available in law or
equity. This section may apply whenever the Code Enforcement Officer determines
that a nuisance or code violation has occurred or is occurring.
B. GENERAL. The Code Enforcement Officer may attempt to secure voluntary
correction by contacting the owner, occupier, tenant, manager, agent, or other person
responsible for the condition of land and buildings situated within the City of Tukwila
and, where possible, explaining the violation and requesting correction.
C. VOLUNTARY CORRECTION AND LIMITED RIGHT OF ENTRY
AGREEMENT. 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 owner, occupier, tenant, manager, agent, or other person responsible
for the condition of land and buildings situated within the City of Tukwila, for
resolution of the violation. The Voluntary Correction and Limited Right of Entry
Agreement is a contract between the City of Tukwila and the owner, occupier, tenant,
manager, agent, or other person responsible for the condition of land and buildings,
under which such person agrees to abate the violation cited by the City, within a
specified time and according to specified conditions. The Voluntary Correction and
Limited Right of Entry Agreement may include the following:
1. The name and address of the person responsible for the violation;
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 violation and a reference to the regulation that has
been violated;
4. The necessary corrective action to be taken, and a date or time by which
correction must be completed;
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5. An agreement by the person responsible for the violation that the City may
inspect the premises as may be necessary to determine compliance with the Voluntary
Correction and Limited Right of Entry Agreement; and
6. An agreement by the person responsible for the violation that the City may
abate the violation, and recover its costs and expenses as described in TMC 8.45.105
and /or a monetary penalty pursuant to TMC Chapter 8.45 from the person responsible
for the violation, if the terms of the Voluntary Correction and Limited Right of Entry
Agreement are not satisfied.
8.45.050 Investigation, Civil Infractions, and Notices of Violation
A. AUTHORITY: 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
TMC Chapter 8.45.
B. INVESTIGATION: The Code Enforcement Officer may 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 INFRACTIONS: 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 in accordance with
Chapter 7.80 RCW, which is incorporated herein by this reference, upon the owner,
tenant, occupier, manager, agent, or other person responsible for the condition.
D. VIOLATION NOTICE AND ORDER: Alternatively, after investigation, or based
upon the complaint of residents or others, the Code Enforcement Officer may serve a
Violation Notice and Order upon the owner, tenant, occupier, manager, agent, or other
person responsible for the condition. The Violation Notice and Order shall contain the
following information:
1. A statement of each standard, code provision or requirement violated;
2. The corrective action, if any, that is necessary to comply with the
standards, code provision or requirement;
3. A reasonable time for compliance; and
4. An explanation of the appeal process and the specific information required
to file an appeal.
E. SERVICE OF A VIOLATION NOTICE AND ORDER: A Violation Notice and
Order 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 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.
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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.
8.45.060 Time in Which to Comply
A. CIVIL INFRACTIONS: Civil infractions may be issued by the City's Code
Enforcement Officer and shall be processed in accordance with Chapter 7.80 RCW,
which is incorporated herein by reference. The Tukwila Municipal Court shall have
jurisdiction over all civil infractions issued under TMC Chapter 8.45.
B. DETERMINATION OF TIME FOR COMPLIANCE WITH NOTICES OF
VIOLATION: Persons receiving a Violation Notice and Order shall rectify the code
violations identified within the time period specified by the Code Enforcement Officer
pursuant to TMC 8.45.050.
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 TMC 8.45.090A, the Violation Notice and Order shall become the final
administrative_order of the Code Enforcement Officer. A copy of the notice may be filed
and recorded with the King County Recorder.
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.
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 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. All costs of such abatement shall be recovered from the
owner, tenant, occupant, manager, agent, or other person responsible in the manner
provided by law.
8.45.090 Appeal to Hearing Examiner
A. The person incurring the penalty described in a Violation Notice and Order
issued by the Code Enforcement Officer pursuant to TMC 8.45.050 may obtain an
appeal of the Notice by requesting such appeal within ten calendar days after receiving
or otherwise being served with the Notice pursuant to TMC 8.45.050. When the last day
of the period so computed is a Saturday, Sunday or federal or City holiday, the period
shall run until 4:30PM 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 Violation Notice and Order under the
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procedures described in TMC 8.45.050E, or as may be otherwise requested by the
appealing party.
or
B. 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;
4. Modify the Violation Notice and Order, which may include an extension of
the compliance date.
C. 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
8.45.050E 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, approved in Chapter 36.70C RCW
(Land Use Petition Act), 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.
8.45.100 Penalties
A. VIOLATIONS OF THE TUKWILA MUNICIPAL CODE:
1. Civil Infraction: Any person violating or failing to comply with the
provisions of the Tukwila Municipal Code may be issued a civil infraction pursuant to
TMC 8.45.050(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; and
2. Violation Notice and Order:
a. Any person violating or failing to comply with the provisions of the
Tukwila Municipal Code 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 for each
violation from the date set for compliance until compliance with the Violation Notice
and Order or order is achieved;
b. In addition to any penalty that 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 Violation Notice and
Order 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, including but not limited to
attachment of a lien to the property; and
d. The Code Enforcement Officer shall have the discretion to impose
penalties in an amount lower than those set forth above.
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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
TMC Chapter 8.45 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
58.17 RCW or TMC 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 58.17 RCW or TMC Title 17, "Subdivisions shall be
deemed a separate and distinct offense.
D. CONTINUED DUTY TO CORRECT. Payment of a monetary penalty pursuant
to TMC Chapter 8.45 does not relieve the person to whom the Infraction or Violation
Notice and Order was issued of the duty to correct the violation.
8.45.105 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;
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
4. The nuisances or code violations are subject to summary abatement as
provided for in TMC 8.45.105B.
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 responsible for the violation 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 same is provided to the
owner, occupier, tenant, manager, agent, or other person responsible for the condition
of land and buildings.
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 8.45, 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 owner, occupier,
tenant, manager, agent, or other person responsible for the condition of land and
buildings. Such costs may include, but are not limited to, the following legal and
abatement expenses:
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1. "Legal expenses," for purposes of TMC Chapter 8.45, 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; and
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 8.45, shall include
but are not limited to the following:
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; and
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 8.45.105E.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 8.45, 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.
8.45.110 Additional Enforcement Mechanism
In addition to, and in combination with, the enforcement methods set forth in TMC
Chapter 8.45 and elsewhere in the Tukwila Municipal Code, violations of the Tukwila
Municipal Code may be enforced under the provisions set forth in TMC 8.45.110
through 8.45.220.
8.45.120 Chapter 35.80 RCW Adopted
Chapter 35.80 RCW, Unfit Dwellings, Buildings, and Structures, as it currently
exists, or is hereinafter amended, is hereby adopted.
8.45.130 Improvement Officer and Appeals Commission Designated
The Code Enforcement Officer, and the Code Enforcement Officer's designee, is
designated as the City's "Improvement Officer," and shall have the full scope of
authority granted to that official under Chapter 35.80 RCW. The City of Tukwila
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Hearing Examiner is designated as the City's "Appeals Commission," and shall have
the full scope of authority granted to that commission under Chapter 35.80 RCW.
8.45.140 Improvement Officer Authority Issuance of Complaint
If, after a preliminary investigation of any dwelling, building, structure or
premises, the Improvement Officer finds that it is unfit for human habitation or other
use, the Improvement Officer may issue a complaint conforming to the provisions of
35.80.030 RCW, stating in what respects such dwelling, building, structure or premises
is unfit for human habitation or other use. In determining whether a dwelling, building,
structure or premises should be repaired or demolished, the Improvement Officer shall
be guided by the Tukwila Municipal Code and such other codes adopted pursuant to
the Tukwila Municipal Code as the Improvement Officer deems applicable, in
particular the most recent edition of the International Property Maintenance Code.
8.45.150 Service of Complaint
A complaint issued under TMC Chapter 8.45 shall be served on the parties and
posted on the subject property pursuant to 35.80.030 RCW, and shall also be filed with
the King County Auditor. All complaints or other documents posted on the subject
property shall remain in place until the complaint has been resolved. For purposes of
service, such complaints or other documents are deemed effective on the day of posting.
8.45.160 Complaint Hearing
Not less than ten days nor more than 30 days after serving a complaint, the
Improvement Officer shall hold a hearing conforming to the provisions of Chapter
35.80.030 RCW, at which all parties in interest shall be given the right to appear in
person, to bring witnesses, and to give testimony regarding the complaint. At any time
prior to or at the time of the hearing, any party may file an answer to the complaint. The
Improvement Officer shall adopt procedural rules governing the procedure of such
hearing, which shall be available for public inspection at the Tukwila Department of
Community Development.
8.45.170 Determination, Findings of Fact, and Order
Within ten days of the complaint hearing, the Improvement Officer shall issue a
Determination, Findings of Fact, and Order stating the Improvement Officer's
determination as to whether the subject dwelling, building, structure or premises is
unfit for human habitation or other use, the findings of fact supporting the
determination, and an order specifying the actions necessary to address any unfitness
and a deadline for completing the actions. The Determination, Findings of Fact, and
Order shall be served and posted as set forth in TMC 8.45.150, and if no appeal is filed
within the deadline specified in TMC 8.45.180, a copy of the Determination, Findings of
Fact, and Order shall be filed with the King County Auditor.
8.45.180 Appeal to Appeals Commission
Within 30 days of service of a Determination, Findings of Fact, and Order, any
party may file an appeal to the Appeals Commission. Such an appeal shall be governed
by the City of Tukwila Hearing Examiner's procedural rules, except that the Appeals
Commission shall conduct a hearing on the appeal and issue a ruling within 60 days
from the date the appeal is filed; and if the Appeals Commission issues any oral
findings of fact, the ruling shall contain a transcript of such findings in addition to any
findings issued at the time of the ruling. The ruling shall be served and posted as set
forth in TMC 8.45.150, and if no appeal is filed within the deadline specified in TMC
8.45.190, a copy of the ruling shall be filed with the King County Auditor.
8.45.190 Appeal to Superior Court
Any person affected by a Determination, Findings of Fact, and Order issued by the
Improvement Officer, who has brought an appeal before the Appeals Commission
pursuant to TMC 8.45.180 may, within 30 days after the Appeals Commission's ruling
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has been served and posted pursuant to TMC 8.45.150, petition the King County
Superior Court for an injunction restraining the Improvement Officer from carrying out
the provisions of the Determination, Findings of Fact, and Order. In all such
proceedings, the Court is authorized to affirm, reverse or modify the order, and such
trial shall be heard de novo.
8.45.200 Remediation/Penalties
If a party, following exhaustion of the party's rights to appeal, fails to comply with
the Determination, Findings of Fact, and Order, the Officer may direct or cause the
subject dwelling, building, structure or premises to be repaired, altered, improved,
vacated, and closed, removed, or demolished pursuant to Chapter 35.80 RCW.
8.45.210 Tax Lien
The cost of any action taken by the Improvement Officer under TMC 8.45.200 shall
be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon
certification by the City of Tukwila Finance Director that the assessment amount is due
and owing, the King County Treasurer shall enter the amount of such assessment upon
the tax rolls against the subject property pursuant to the provisions of 35.80.030 RCW.
8.45.220 Salvage
Materials from any dwelling, building, structure, or premises removed or
demolished by the Improvement Officer shall, if possible, be salvaged and sold as if the
materials were surplus property of the City of Tukwila, and the funds received from the
sale shall be credited against the cost of the removal or demolition; and if there be any
balance remaining, it shall be paid to the parties entitled thereto, as determined by the
Improvement Officer, after deducting the costs incident thereto.
Section 2. 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 3. 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 C F THE CITY O TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 19TH DAY OF JUNE, 2006.
ATTEST/ AUTHENTICATED:
JANE E. Cantu, City Clerk
APPROVE M BY:
Office of the C•
'Attorney
C:\Documents and Settings\AI1 Users \Desktop\Kelly \MSDATA \Ordinances \Nuisance.doc
SK:ksn 6/19/2006
Steven M. Mullet, Mayor
Filed with the City Clerk- G5
Passed by the City Council- 6 1 6
Published• a 3 —6)4.
Effective Date-
Ordinance Number
Page 10 of 10
Published Seattle Times: June 23, 2006
SUMMARY OF ORDINANCE
No. 2125
City of Tukwila, Washington
On June 19, 2006, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2125, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
Ordinance Nos. 1838 §2 and 2067 §1, as codified at Tukwila Municipal Code Chapter
8.45, "Enforcement," establishing procedures for voluntary code compliance
agreements; establishing regulations and compensation requirements for City
abatement expenses; providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of June 19, 2006.
nE E. Cantu, CIVIC, City Clerk