HomeMy WebLinkAboutAgenda
AGENDA
Planning & Development Committee Regular Meeting
4:30 PM - Thursday, September 27, 2018
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Adoption of National Electrical Code
a) AB - 2223 Community & Economic Development Department recommends adoption of
the 2017 National Electrical Code (NFPA 70) to align City Code with most recent version of
the National Electric Code.
2. Wireless Communication Facilities Exemption Briefing
a) AB - 2224 Community & Economic Development Department recommends reviewing
regulations related to the permitting of wireless communication facilities in City right-of-
way. Following the review the Planning Commission will present recommendations to
Council.
3. Housing Opportunity Fund Award
Sunset Crest Townhomes
a) AB - 2213 Community & Economic Development Department recommends approval of a
$25,000 grant to Homestead Community Land Trust to support the development and
construction of the Sunset Crest Townhomes, which will provide twelve new affordable
homeownership units in the Sunset Area.
4. Shoreline Master Program Amendments
a) AB - 2218 Community & Economic Development Department recommends reviewing the
City's Shoreline Master Program (SMP). Following the review the Planning Commission
will submit related code revision recommendations to Council.
b) Renton SMP Periodic Checklist
5. Safe and Healthy Housing
a) Preliminary Code Memo
6. Emerging Issues in CED
AB - 2223
City Council Regular Meeting - 24 Sep 2018
SUBJECT/TITLE: Adoption of National Electrical Code, 2017 Edition
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Craig Burnell, Building Official
EXT.: 7290
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The State of Washington (WAC 296-46B) has adopted the 2017 National Electrical Code (NFPA 70) with an
effective date of July 1, 2017. It is necessary to update the City’s Construction Administrative Code to apply to
the most recent version of the National Electrical Code, update the reference to the National Electrical Code in
the Fire Code to be consistent with the Construction Administrative Code, and provide for severability and
establishing an effective date.
EXHIBITS:
A. Ordinance
STAFF RECOMMENDATION:
Adopt the amendments to RMC 4-5 updating references to the National Electrical Code.
AGENDA ITEM #1. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTIONS 4‐5‐060.A.2 AND 4‐5‐070.C.3 OF THE RENTON MUNICIPAL CODE,
BY UPDATING THE CONSTRUCTION ADMINISTRATIVE CODE TO APPLY TO THE
2017 NATIONAL ELECTRICAL CODE, UPDATING THE REFERENCE TO THE
NATIONAL ELECTRICAL CODE IN THE FIRE CODE TO BE CONSISTENT WITH THE
CONSTRUCTION ADMINISTRATIVE CODE, AND PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the 2017 version of the National Electrical Code was published in 2016; and
WHEREAS, it is necessary to update the City’s Construction Administrative Code to apply
to the most recent version of the National Electrical Code; and
WHEREAS, it is also necessary to update the reference to the National Electrical Code to
be consistent with the Construction Administrative Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4‐5‐060.A.2 of the Renton Municipal Code is amended as
follows:
2. 101.2 Scope. The provisions of this Construction Administrative Code shall
apply to building, plumbing, and mechanical permits and the following “Construction
Codes”:
a. 2015 International Building Code – WAC 51‐50;
b. 2015 International Residential Code – WAC 51‐51;
c. 2015 International Mechanical Code – WAC 51‐52;
d. 2015 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC 51‐52;
AGENDA ITEM #1. a)
ORDINANCE NO. ________
2
e. 2014 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51‐52;
f. 2015 Uniform Plumbing Code – WAC 51‐56 and 51‐57;
g. 2014 2017 National Electrical Code (NFPA 70);
h. 2015 International Property Maintenance Code;
i. 2015 International Existing Building Code – WAC 51‐50‐48000; and
j. 2015 International Swimming Pool and Spa Code – WAC 51‐50‐3109 and
WAC 51‐51‐0329.
SECTION II. Subsection 4‐5‐070.C.3 of the Renton Municipal Code is amended as
follows:
3. Subsection 102.7, Referenced codes and standards, of the
International Fire Code, 2015 Edition, is hereby amended to read as follows:
102.7 Referenced codes and standards. The codes and standards
referenced in this code shall be those that are listed in Chapter 80, except the
phrase “Electrical Code adopted by the City of Renton” shall be substituted for all
references to the NFPA 70‐14 National Electrical Code (NFPA 70). Such codes and
standards shall be considered part of the requirements of this code to the
prescribed extent of each such reference and as further regulated in Sections
102.7.1 and 102.7.2.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
3
SECTION IV. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2018.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2020:7/19/18:scr
AGENDA ITEM #1. a)
AB - 2224
City Council Regular Meeting - 24 Sep 2018
SUBJECT/TITLE: Wireless Communication Facilities Exemption in the Right-of-Way
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Jennifer Henning, Planning Director
EXT.: 7286
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Wireless communication facilities located in the right-of-way or public way are subject to franchise
agreements and development regulations. Wireless communication facilities should also be required to obtain
building and construction permits unless exempted by other code provisions.
In order to regulate wireless communication facilities consistently and equitably, those facilities located in the
right-of-way should also be subject to building and construction permits, unless otherwise exempt. The
elimination of the exemption for wireless communication facilities located in the public way should be
reviewed by the Planning Commission and Planning & Development Committee.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Refer to the Planning Commission and Planning & Development Committee for review. Following this review,
the Planning Commission will present recommendations to Council.
AGENDA ITEM #2. a)
AB - 2213
City Council Regular Meeting - 24 Sep 2018
SUBJECT/TITLE: Housing Opportunity Fund Grant Award to Homestead Community
Land Trust for Sunset Crest Townhomes
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Mark Santos-Johnson, Economic Development Manager
EXT.: 6584
FISCAL IMPACT SUMMARY:
$25,000 from Housing Opportunity Fund
SUMMARY OF ACTION:
The City of Renton and Renton Housing Authority (RHA) have been working with Homestead Community Land
Trust (HCLT) since early-2016 to create affordable homeownership opportunities in the Sunset Area. HCLT
preserves and advances access to permanently affordable homeownership as a means to create thriving,
equitable, and inclusive communities. In partnership with RHA, HCLT is developing the Sunset Crest
Townhomes, 12 permanently affordable 3- and 4-bedroom townhomes for ownership priced to be affordable
to those who make less than 80% of area median income. HCLT has requested $25,000 of Housing
Opportunity Funds to help develop and construct the Sunset Crest Townhomes. The project is an integral part
of the Sunset Area Transformation Plan and supports the City’s 2019 – 2024 Business Plan goal to “encourage
and partner in the development of quality housing choices for people of all ages and income levels.”
EXHIBITS:
A. Issue Paper
B. Project Eligibility and Uses of Funds
C. Housing Opportunity Fund Request Letter
D. Sunset Crest Townhomes Flyer
E. FAQs about Community Land Trusts
STAFF RECOMMENDATION:
Staff recommends Council approve a $25,000 grant to Homestead Community Land Trust to help develop and
construct the Sunset Crest Townhomes and provide twelve new affordable homeownership units in the Sunset
Area.
AGENDA ITEM #3. a)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:September 5, 2018
TO:Ed Prince, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C. E. “Chip” Vincent, CED Administrator
STAFF CONTACT:Mark Santos-Johnson, Economic Development Manager
(ext. 6584)
SUBJECT:Housing Opportunity Fund Grant Award to Homestead
Community Land Trust for Sunset Crest Townhomes
ISSUE:
Should Council provide a $25,000 grant to the Homestead Community Land Trust to help
develop and construct the Sunset Crest Townhomes and provide twelve new affordable
homeownership units in the Sunset Area?
RECOMMENDATION:
Staff recommends Council approve a $25,000 grant to Homestead Community Land Trust
to help develop and construct the Sunset Crest Townhomes and provide twelve new
affordable homeownership units in the Sunset Area.
BACKGROUND SUMMARY:
The City of Renton and Renton Housing Authority (RHA) have been working with
Homestead Community Land Trust (HCLT) since early-2016 to create affordable
homeownership opportunities in the Sunset Area. HCLT preserves and advances access to
permanently affordable homeownership as a means to create thriving, equitable, and
inclusive communities. The organization uses a community land trust model so that when
a homeowner decides to sell their home, they do so to another income qualified buyer at
an affordable price based on a resale value limited to 1.5% annual appreciation. (See the
attached “FAQs about Community Land Trusts” for additional information.)
In partnership with RHA, HCLT is developing the “Sunset Crest Townhomes” (a.k.a. Sunset
12 Townhomes), 12 permanently affordable 3- and 4-bedroom townhomes for ownership
priced to be affordable to those who make less than 80% of area median income (e.g.,
$50,400 for a one person household and $72,000 for a four person household). The
townhomes will be located in the Sunset Area, adjacent to the Glennwood Townhomes
(RHA’s first replacement housing project for the former Sunset Terrace public housing
AGENDA ITEM #3. a)
Ed Prince, Council President
Page 2 of 3
September 5, 2018
project). The development project is part of the Sunset Area Transformation Plan and
responds to the need for more affordable homeownership opportunities in the
neighborhood where only 34% of the housing is owner-occupied (compared with 49% for
Renton citywide and $53% for King County).
The moderate-income home buyers will be able to pay for approximately 55% of the cost
of the new homes. The balance of the costs need to be paid by other public and private
sources. To date, the project has successfully secured $500,000 from the JP Morgan Chase
Foundation, $500,000 from King County’s Transit Oriented Development fund, $500,000
from the Washington State Housing Trust Fund, and $95,000 from the Edwards Mother
Earth Foundation. In addition, RHA has donated the land for the project valued at
approximately $800,000.
HCLT has requested $25,000 from the City’s Housing Opportunity Fund (HOF) to help pay
for construction costs of the new homes. The Sunset Crest Townhomes meet/will meet
the following HOF project eligibility criteria:
The project is physically located within the Renton City Limits;
(First Priority) The project is new construction and increases the available supply of
affordable housing in Renton; and
The homeownership opportunities are affordable to households earning no more
than 80% of the King County median income
HCLT intends to maintain the units in perpetuity as an affordable community land
trust homeownership project
In addition, the project exceeds the preferred 1-to-4 projected match ($1 of City funds for
each $4 of projected other funds) with a 1-to-200 projected match ($1 City dollar for each
$200 of public and private match)! (Please see the attached Housing Opportunity Fund –
Project Eligibility & Uses of Funds for additional information.)
HCLT is working to start construction of the Sunset Crest Townhomes in spring 2019 and
complete the project by early-2020. The organization is currently working with the City
and many local organizations to implement an Affirmative Fair Marketing Outreach plan for
the project. As part of their efforts to create affordable homeownership, HCLT does
substantial community outreach, marketing, and education for their new homes. In
particular, they work to reach out to prospective homeowners in the neighborhood and
community where a project will be located and put special effort into reaching residents
who are considered “least likely to apply”. This includes, for example, historically
marginalized groups of people, people of color, people with disabilities, and those for
whom English is a second language. They also work with potential applicants to help them
prepare for and qualify to be a homeowner.
AGENDA ITEM #3. a)
Ed Prince, Council President
Page 3 of 3
September 5, 2018
HOUSING OPPORTUNITY FUND BACKGROUND:
In November 2008, the Council adopted Ordinance 5419 and transferred $200,000 of the
fund balance from the General Fund to establish the Housing Opportunity Fund (HOF). The
HOF is available to assist public and private housing projects serving low and/or moderate
income households and/or special-needs populations within the City limits. Requests for
funding from the HOF are brought to the Council for approval after staff review and
recommendation.
The Council has awarded $175,000 of the HOF to date for the following three projects:
$50,000 for construction of the RHA’s Glennwood Townhomes in the Sunset Area,
eight four-bedroom replacement housing units for the former Sunset Terrace public
housing project;
$75,000 for construction of the first phase of Habitat for Humanity’s La Fortuna
affordable home ownership project in the Benson Hill/Cascade neighborhood –
eleven three- to six-bedroom housing units; and
$50,000 for construction of RHA’s Kirkland Avenue Townhomes in the Sunset Area,
18 two-and three-bedroom townhomes, including 16 replacement housing units for
the former Sunset Terrace public housing project and two housing units for
veterans.
The proposed $25,000 grant to HCLT for the Sunset Crest Townhomes will use the balance
of the funds transferred in 2008 to establish the HOF.
CONCLUSION:
The $25,000 of Housing Opportunity Funds for Homestead Community Land Trust will help
support the development and construction of the Sunset Crest Townhomes and provide 12
units of new affordable homeownership in the Sunset Area. The project is an integral part
of the Sunset Area Transformation Plan and supports the City’s 2019 – 2024 Business Plan
goal to “encourage and partner in the development of quality housing choices for people of
all ages and income levels.”
cc: Bob Harrison, CAO
Jason Seth, City Clerk
Jan Hawn, ASD Administrator
Kelly Beymer, Community Services Administrator
Cliff Long, Economic Development Director
Guy Williams, Human Services Manager
Attachments:
Housing Opportunity Fund – Project Eligibility and Uses of Funds
Homestead Community Land Trust – Housing Opportunity Fund request letter
Homestead Community Land Trust – Sunset Crest Townhomes flyer
Homestead Community Land Trust - FAQs about Community Land Trusts
AGENDA ITEM #3. a)
HOUSING OPPORTUNITY FUND
(Adopted by Ordinance 5419 on November 10, 2008)
PROJECT ELIGIBILITY AND USES OF FUNDS
Projects must be physically located within the Renton city limits.
Projects must serve low and/or moderate income households and/or special-needs populations as
follows:
First priority – New construction projects to increase the available supply of affordable
housing in Renton with a preference for mixed-income projects.
Second priority – Acquisition and/or rehabilitation of existing multi-family housing
projects to increase the available supply of affordable housing in Renton.
Third priority – Rehabilitation or remodeling of existing multi-family housing projects to
maintain the facility as decent, safe, and sanitary affordable housing.
Eligible projects offering home ownership opportunities, such as condominiums,
townhouses, cottages, etc., must be affordable to households earning no more than 80% of the
median income in King County. Eligible rental projects must be affordable to households earning
no more than 60% of the median income in King County
The funds are available to entities to support the project activities noted above, but may not be
used to provide grants or other direct financial assistance to individuals.
The entities that receive the funds must agree to maintain the housing as affordable for a minimum
of ten years.
The City’s funds may be used, for example, for seed money, local match, land acquisition,
development costs, construction costs, etc. to support the project activities noted above.
The City will strive to maximize leverage for other public and private funds with a minimum
projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of
projected other funds).
Projects will have up to three years to use the City’s funds from the date the project’s funds are
approved by the City Council.
PROJECT ELIGIBILITY AND USES OF FUNDS
Interested entities may submit an application to request funds at any time to the Department of
Community and Economic Development Administrator
The Department of Community and Economic Development Administrator will review the
application in collaboration with an interdepartmental team and prepare a recommendation to the
City Council for approval.
AGENDA ITEM #3. a)
____________________________________________________________________________________
412 Maynard Avenue South, Ste. 201. • Seattle, WA 98104 • (206) 323-1227 • info@HomesteadCLT.org
www.HomesteadCLT.org
August 23, 2018
Mark Santos-Johnson
Community Development Project Manager
Community & Economic Development Department
City of Renton
1055 South Grady Way
Renton, WA 98057
Dear Mr. Santos-Johnson,
RE: City of Renton Housing Opportunity Fund
Thank you for this opportunity to request consideration of our affordable homeownership project in
the Renton Sunset neighborhood for an award of funds from the City’s Housing Opportunity Fund.
In partnership with the Renton Housing Authority, Homestead Community Land Trust is developing
12 permanently affordable townhomes for ownership priced to be affordable to those who make less
than 80% of area median income. Through energy-efficient design and quality construction, we will
create homes that are economical to own and minimize their impact on the environment.
The development will be located in the Sunset neighborhood of the Renton Highlands, and serves as
a component of a multi-phased approach to transformation of the Sunset neighborhood. In the path
of expansion of Rapid Ride bus service in coming years, the neighborhood hosts the Highlands
Library, North Highlands Park, Neighborhood Center, and Renton Technical College are also located
within the Sunset Area boundary.
This project utilizes property owned by the Renton Housing Authority to be conveyed to Homestead
for the development. It represents the first time that Renton Housing Authority has made land
available for new construction for another entity to build affordable housing – in this case, affordable
homeownership to complement RHA’s affordable rental portfolio. As a result, this project is on the
cutting edge of implementing recommendations made to the State Department of Commerce by the
2017 Housing Affordability Response Team (HART). These include encouragement to “public
agencies to consider underutilized public property as an opportunity for affordable housing.”
This project meets the eligibility and use of funds criteria as follows:
First – Priority – New construction projects to increase the available supply of affordable
housing. This is a new construction project that will increase the supply of affordable homes
for ownership in the neighborhood by 12.
This project is a homeownership project that will create homes affordable to households who
make less than 80% of area median income.
AGENDA ITEM #3. a)
We request an allocation of $25,000 to be used for construction of the homes which will begin in
late 2018.
In terms of leverage, the project has already received a grant of $500,000 from the JPMorgan
Foundation and a $500,000 Transit Oriented Development fund award from King County, a
$500,000 award from the state Housing Trust Fund, and a $95,000 grant from the Edwards Mother
Earth Foundation.
I’m grateful for the opportunity to supply additional information as may be needed for successful
consideration of this request.
Thank you,
Kathleen Hosfeld, Executive Director
Homestead Community Land Trust
(206) 323-1227 Ext. 113
kathleen@homesteadclt.org
AGENDA ITEM #3. a)
Homestead
C o m m u n i t y L a n d T r u s t
CONTACT HOMESTEAD
206.323.1227
HomesteadCLT.org
Homestead is a 501c3 non-profit organization
WE PUT THE DREAM OF
HOMEOWNERSHIP WITHIN REACH
Homestead Community Land Trust and Renton
Housing Authority are working together to create
affordable homeownership opportunities in the
Renton Sunset neighborhood.
We are planning to complete twelve 3 – 4 bedroom
townhomes in 2019 priced below $300,000.
DO YOU QUALIFY? YOU MUST BE:
n A first-time homebuyer
n Able to contribute at least 1% of the
home purchase price (up to $3,000) as a
downpayment
n Able to qualify for a conventional 30-year fixed-
rate mortgage from one of our participating
lenders
n Make less than the following:
Household Size Maximum Year Income
1 $50,400
2 $57,600
3 $64,800
4 $72,000
5 $77,800
6 $83,550
7 $89,300
8 $95,050
Not Ready to Buy Yet?
Get more information about our Homebuyers
Club. Visit our Become a Homeowner page on
our website for more information
www.homesteadclt.org/become-a-homeowner
¿Necesita traducción en Español? Correo
electrónico: josé@homesteadclt.org
ትርጉም በአማርኛ ትርጉም ያስፈልገዋል? ኢሜይል:
josé@homesteadclt.org
Cần dịch sang tiếng Việt? E-mail: josé@
homesteadclt.org
Нужен перевод на русский? Эл. Адрес:
josé@homesteadclt.org
NE 12th St
NE 9th
St.Harrington Ave. NEEdmonds Ave NEKirkland Ave NELynnwood Ave NEGlennwood Ave NEHarrington Pl NESunset Ln NEN
E NE Sunset BlvdJeffersonNE 9th Pl NE 11th PlHarrington Aly NEGlenwood Ave. NEAv
e
NEHarrington Ave. NESunset Crest Townhomes Sunset Business and RetailRenton
Highlands
Library
Su
n
s
e
t
Blvd
McKnight
Middle School
Future Multiservice
Center
Highlands Park &
Neighborhood Center
Meadow Crest Early Learning Center North Highlands Neighborhood Center
NE
1
0
t
h
S
t
Ln
S
u
n
s
e
t
Sunset NeighborhoodPark
NE
n Residential n Business and Retail
AGENDA ITEM #3. a)
____________________________________________________________________________________
412 Maynard Avenue South, Ste. 201. • Seattle, WA 98104 • (206) 323-1227 • info@HomesteadCLT.org
www.HomesteadCLT.org
FAQs about Community Land Trusts
Interest in community land trusts is growing in King County and across the United States. As
community leaders and activists explore how to use community land trusts to solve housing
affordability and housing equity issues, this Q&A provides essential information about what they are
and how they work.
What is a Community Land Trust?
A community land trust is a private, non-profit, membership-based organization established to
acquire and hold parcels of land in perpetuity and to lease such parcels for housing, most often
homeownership, and other community purposes that benefit low- and moderate-income families and
communities.
The essential features of United States’ community land trusts are defined in the federal Housing
and Community Development Act of 1992 (Section 213). This includes that the community land trust
is a membership organization and that the community land trust’s lessees represent a third of the
members of the governing board.
Individual community land trusts across the United States adapt this basic model to their needs and
circumstances.
How Does Community Land Trust Homeownership Work?
Homestead serves households who make less than 80% of area median income. Homestead
secures public and private funds to lower the cost of each home to the buyer to well below market
rates . The home price is determined to be affordable to the target market when not more than 35%
of an income-eligible homebuyer’s income is used to pay for housing costs. These funds can take the
form of City, County, State and Federal funds, bank Community Reinvestment Act grants, corporate
and charitable foundation gifts, below market land, and the gifts of individual donors. The buyer pays
for and owns the home (structure and improvements) on the land. Homestead continues to own the
land under the structure and leases it to the homeowner for a small monthly fee. The home
appreciates at a rate of 1.5% compounded per year in order to keep the home affordable to future
low-income buyers while the homeowner gains equity in the form of that increased value, principal
paydown and mortgage interest tax breaks. They do not have to sell their home if their income
increases after purchase. They can own as long as they wish, and can bequeath the home and the
leasehold interest in the land to their heirs. If they sell their home, whenever they decide to sell it,
they do so to another income qualified buyer at an affordable price based on the resale formula.
When You Say You Serve People Who Make Less than 80% of Area Median Income, What Does That
Mean in Annual Salary?
Our homeowners make between 50% and 80% of area median income as determined by the
Housing and Urban Development (HUD) a federal government entity. HUD calculates of 80% of Area
Median Income for a family of one at $50,400. For a family of four it is $72,000. For comparison,
according to Salary.com, a King County school teacher’s salary starts at $50,000, medical assistant
$37,000; police patrol officer $57,000, dental assistant $39,000, a Paramedic $44,630.
AGENDA ITEM #3. a)
AGENDA ITEM #3. a)
How Much Investment Does It Take to Make a Home Affordable?
Total costs for a nonprofit organization to build a home – usually in a subdivision or townhome
project – are $400,000 to $450,000. The affordable price for our buyers averages at $225,000.
This means we need to raise $175,000 to $225,000 for every home to make it permanently
affordable.
Where Does the Public Investment Come From to Make Homes Affordable?
In King County the main sources of funds to make homes affordable include the King County
Housing Finance, City of Seattle Housing Levy, State of Washington Housing Trust Fund, federal
“sweat equity” funding from Housing and Urban Development, bank community reinvestment fund
grants, private foundations and philanthropists.
Who Owns the Land in a Community Land Trust?
Parcels of land stewarded by the community land trust are owned by the community land trust. To
the extent that such land may have been purchased using public or other funds, the community land
trust typically will have legal obligations to its funding partners. As there are typically three or more
sources of tax-based funding used to create the affordability of homes in a community land trust
project no one government entity can be said to have sole authority or control over the community
land trust. It is a common misconception in Seattle that community land trusts are “owned” by the
City of Seattle.
Does Each Development/Property/Address Have to Have its Own Community Land Trust?
No. This is one of the most common myths about community land trusts. A community land trust is
an organization, a legal entity, not a development or a piece of property. Homestead Community
Land Trust (one entity) owns the land under and stewards the affordability of over 214 homes, which
includes several multiunit developments. Community land trusts are organizations established to
steward multiple homes, developments and projects. The largest community land trust in the United
States, Champlain Housing Trust in Vermont, stewards 565 owner-occupied homes and 2,200
apartments spread over three counties.
What are Community Land Trust Values?
We don't "have" a community land trust. We are a community land trust. A community land trust is
not just a legal structure or type of nonprofit, although it is that too; it is a deeply democratic way of
being and way of doing that emphasizes equity and justice.
Social justice. Lifting up people and places that have been left behind by inequitable housing
policies, discriminatory practices or runaway real estate prices.
Land reform. Expanding the supply of "community-owned" (via non-profit ownership) land,
removing such acreage permanently from the speculative market.
Housing reform. Expanding the supply of permanently affordable homes.
Place-based development. Place making in neighborhoods, villages, cities, and towns,
promoting not only the development of affordable housing, but also the provision of other
facilities, activities, and services that enhance the quality of life in a place of residence.
Community engagement. Engaging place-based communities in planning and guiding the
trajectory of their own development.
Democratic governance. Involving the people who live on and around its lands in guiding and
governing the organization itself.
How Does the Community Exercise its Voice in a Community Land Trust?
As a community land trust, Homestead is distinguished from housing entities that otherwise provide
for permanent affordability of homes in our commitment to democratic and community-based
AGENDA ITEM #3. a)
governance through our membership. A community land trust by definition has a Board structure
that includes representation of lessee members (our own homeowners), as well as representatives
of the communities in the area we serve. Our bylaws call for membership participation in governance
and ascribe meaningful decision-making authority to members. These are demonstrations of
Homestead’s commitment to community ownership and accountability.
What Was Homestead Founded to Do?
Homestead Community Land Trust's articles of incorporation establish our purposes for benefiting
low- and moderate-income people through housing and development of land. Among our first four
purposes are
acquiring, improving and preserving housing for low and moderate income people,
leasing or selling homes through our shared equity model,
acquiring and developing land in ways that support the development and improvement of
low- and moderate-income neighborhoods and communities, and
supporting and developing community-based, democratically controlled organizations that
will improve housing, land, and other activities.
How Does Homestead Keep Homes Permanently Affordable?
Public and private investments close the gap between what homes cost to build or acquire and what
modest people can afford. We use voluntary agreements to restrict resale prices after initial
purchase to perpetuate affordability. Putting homes or land in the land trust without public
investment does not necessarily make a property affordable or keep it affordable. It is the initial
investment that creates the affordable price, and the owners’ agreement to resale restrictions that
keeps the home permanently affordable.
Why Do We Call Community Land Trust Homeownership a "Pay It Forward" Model?
Public investment puts the price of the home within reach. And then our homeowners themselves
keep homes permanently affordable by agreeing to "pay it forward" when they go to resell their
home. They can own their home as long as they wish, but when they sell, they do so at a formula
price that keeps the home affordable to the next modest income person. This pooling and sharing of
resources has created over 200 homes that are affordable to low-income homebuyers and will
remain affordable permanently as an asset to our community.
What do People Mean When They Call CLT Homeownership a "One and Done" Model?
“One and Done” refers to the fact that once the public investment is made to create the affordability
of the home at the first sale, it is usually unnecessary to increase or add to that investment at
subsequent sales. If the initial price of the home is truly affordable to start with and subject to a
formula resale price at all subsequent sales, the home stays affordable in perpetuity. Additional
public investments can then be used to create additional homes, not to replace homes that may
have been affordable at the first sale but were sold at market-rate to the next buyer.
Why is CLT Homeownership an Important Part of a City's Housing Strategy?
Many of our homeowners pay less per month for their mortgage than they would pay in market rate
rent (the ultimate rent control). And unlike rent payments, a mortgage payment accrues equity and
ownership increases housing stability. The typical net worth of a renter is $2,000 compared with
$160,000 of a homeowner (US.gov). Without equity, people are rental dependent, and subject to
displacement. The equity that people build in just five years of ownership can be the path to other
opportunities. Cities that care about giving residents a path to self-sufficiency as well as affordable
housing can use community land trust ownership programs to achieve both objectives while making
efficient use of public funds. Creating a growing inventory of permanently affordable homes benefits
AGENDA ITEM #3. a)
the community by creating ownership opportunities for households shut out of the market and by
reducing displacement.
Why is Affordable Homeownership an Important Part of an Equitable Housing Strategy?
A root cause of racial and ethnic disparities of homeownership is structural racism embedded in
federal, state, regional and municipal housing policies. The larger system of overt racial
discrimination in housing -- discriminatory FHA insurance policies, bank redlining, and restrictive
neighborhood covenants - may be a thing of the past. But its legacy lives on – homeownership rates
of African Americans are 41.5% compared with 72.1% for whites (U.S Census 1st Qtr 2016). Further
the net worth of whites is 13 times that of African Americans (Pew Research) because the principle
means of wealth creation in our society is homeownership. Community land trust homeownership
puts homeownership within reach of those who have been historically shut out of ownership.
How Do I Become A Member of Homestead?
Information on how to become a member of Homestead is available here on our website.
Membership is only $25 OR 3 hours of volunteer service per year completed before January. We hold
our annual meeting in January and want to verify members eligible to vote prior to the meeting. Non-
homeowner membership is renewed every year.
What Can I Do to Support Homestead?
For additional information about how to support Homestead financially, as a volunteer or through
advocacy work, please contact Executive Director Kathleen Hosfeld, kathleen@homesteadclt.org,
206-323-1227 Ext. 113
AGENDA ITEM #3. a)
AB - 2218
City Council Regular Meeting - 24 Sep 2018
SUBJECT/TITLE: Shoreline Master Program Amendments
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Paul Hintz, Senior Planner
EXT.: 7436
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The City is undertaking a periodic review of its Shoreline Master Program (SMP), as required by the
Washington State Shoreline Management Act (SMA). The SMA requires each SMP be reviewed and revised, if
needed, on an eight-year schedule established by the Legislature. The review ensures the SMP stays current
with changes in laws and rules, remains consistent with other City of Renton plans and regulations, and is
responsive to changed circumstances, new information, and improved data.
RMC 4-8-070G outlines the types of review the Planning Commission shall conduct. The review of the
Shoreline Master Program Amendments process is specifically listed. The Planning Commission will make
recommendations to Council and the final recommendation will be the authority of Council.
Proposed amendments are largely technical in nature. Additionally, other amendments to improve the
administration of the SMP while retaining its current intent to balance shoreline uses, public access, and
ecological protection are being proposed.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Refer to the Planning & Development Committee and Planning Commission for review. Following this review,
the Planning Commission will present code revision recommendations to Council.
AGENDA ITEM #4. a)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 1
SHORELINE MASTER PROGRAM PERIODIC REVIEW
Periodic Review Checklist
Introduction
This document is intended for use by counties, cities and towns conducting the “periodic review” of
their Shoreline Master Programs (SMPs). This review is intended to keep SMPs current with
amendments to state laws or rules, changes to local plans and regulations, and changes to address local
circumstances, new information or improved data. The review is required under the Shoreline
Management Act (SMA) at RCW 90.58.080(4). Ecology’s rule outlining procedures for conducting these
reviews is at WAC 173-26-090.
This checklist summarizes amendments to state law, rules and applicable updated guidance adopted
between 2007 and 2017 that may trigger the need for local SMP amendments during periodic reviews.
How to use this checklist
See Section 2 of Ecology’s Periodic Review Checklist Guidance document for a description of each item,
relevant links, review considerations, and example language.
At the beginning: Use the review column to document review considerations and determine if local
amendments are needed to maintain compliance. See WAC 173-26-090(3)(b)(i).
At the end: Use the checklist as a final summary identifying your final action, indicating where the SMP
addresses applicable amended laws, or indicate where no action is needed. See WAC 173-26-
090(3)(d)(ii)(D), and WAC 173-26-110(9)(b).
Local governments should coordinate with their assigned Ecology regional planner for more information
on how to use this checklist and conduct the periodic review.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 2
Row Summary of change Review Action
2017
a. OFM adjusted the cost threshold
for substantial development to
$7,047.
RMC 4-9-190.C.2 lists the old
exemption threshold of
$5,000.
Update 4-9-190.C.2 to reflect
this change.
The City will also update its
permit application forms to ensure consistency with this
exemption.
b. Ecology amended rules to clarify
that the definition of
“development” does not include
dismantling or removing
structures.
RMC 4-11-040 does not
specifically include
dismantling or removing
structures.
City may optionally add the
following sentence to its
definition: “’Development’
does not include dismantling
or removing structures if there
is no other associated
development or re-
development.”
c. Ecology adopted rules that clarify
exceptions to local review under
the SMA.
RMC 4-9-190.C does not
include exceptions to local
review.
Amend 4-9-190.C to include
the current section on
exceptions for substantial
development permits. This will
require renumbering.
Add a new section that
includes the new exceptions,
using the example language in
the Periodic Review Checklist
Guidance document.
d. Ecology amended rules that
clarify permit filing procedures
consistent with a 2011 statute.
RMC 4-9-190.K and RMC 4-9-
190.J.9 both refer to “date of
filing” and refer to RCW
90.58.140(6).
No code change is needed.
The City will ensure its internal
procedures for filing are up to
date with this change in
statute.
e.
Ecology amended forestry use
regulations to clarify that forest
practices that only involves
timber cutting are not SMA
“developments” and do not
require SDPs.
Renton’s SMP does not
address forestry use
regulations because there are
no forestry uses within
shoreline jurisdiction
No change is needed.
f. Ecology clarified the SMA does
not apply to lands under
exclusive federal jurisdiction
Renton does not have lands
within shoreline jurisdiction
that are witihin exclusive
federal jurisdiction.
No change is needed.
g.
Ecology clarified “default”
provisions for nonconforming
uses and development.
RMC 4-10-095 adopts local
provisions for nonconforming
use and development.
No change is needed.
h. Ecology adopted rule Renton has not adopted local No change is needed.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 3
Row Summary of change Review Action
amendments to clarify the scope
and process for conducting
periodic reviews.
language to specify the
process for conducting
periodic reviews.
i. Ecology adopted a new rule
creating an optional SMP
amendment process that allows
for a shared local/state public
comment period.
Renton’s SMP amendment
process is governed by RMC 4-
9-020 Comprehensive Plan
Adoption and Amendment
Process and RMC 4-9-025 Title
IV Development Regulation
Revision Process. Neither
process incudes review
provisions that would impede
the optional SMP amendment
process.
No change is needed.
j. Submittal to Ecology of proposed
SMP amendments.
Renton does not include the
Ecology submittal process in
its code.
No code change is needed.
The City will ensure that its
internal procedures for
submittal are updated.
2016
a.
The Legislature created a new
shoreline permit exemption for
retrofitting existing structures to
comply with the Americans with
Disabilities Act.
RMC 4-9-190.C does not
include this exemption for
retrofitting existing structures
to comply with ADA
requirements.
Add the ADA exmption to
RMC 4-9-190.C using the
example language in the SMP
Periodic Review Checklist
Guidance document.
b. Ecology updated wetlands
critical areas guidance including
implementation guidance for the
2014 wetlands rating system.
RMC 4-3-090.D.2.c addresses
critical areas within shoreline
jurisdiction. The City updated
its critical area ordinance in
2015 and plans to update the
SMP for compliance as part of
this update.
Update RMC 4-3-090.D.2.c to
reflect updates to the critical
areas ordinance in 2015.
Ensure these updates included
the 2014 amendments to the
Wetland Rating System.
2015
a. The Legislature adopted a 90-day
target for local review of
Washington State Department of
Transportation (WSDOT)
projects.
RMC 4-9-190.J does not
include this review target for
WSDOT projects. However 4-
9-190.J.11 does include a
provision that permits shall be
processed according to state
requirements.
City may optionally add the
following to RMC 4-9-190.J or
J.11:
Pursuant to RCW 47.01.485,
the Legislature established a
target of 90 days review time
for local governments.
2014
a. The Legislature raised the cost
threshold for requiring a
Substantial Development Permit
(SDP) for replacement docks on
lakes and rivers to $20,000 (from
RMC 4-9-190.C repeats the
WAC but does not include the
exemption for replacement
docks on lakes and rivers.
Add a provision to 4-9-190.C
to allow an exemption for
replacement docks on lakes
and rivers valued at less than
$20,000 under certain
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 4
Row Summary of change Review Action
$10,000). circumstances using the
example language in the SMP
Periodic Review Checklist
Guidance document.
b. The Legislature created a new
definition and policy for floating
on-water residences legally
established before 7/1/2014.
Renton does not have any
floating on-water residences
legally established before
7/1/2014.
No change is needed.
2012
a. The Legislature amended the
SMA to clarify SMP appeal
procedures.
Renton does not include the
process for SMP
approval/appeal pathway by
Ecology in its code.
No change is needed.
2011
a. Ecology adopted a rule requiring
that wetlands be delineated in
accordance with the approved
federal wetland delineation
manual.
RMC 4-3-090.D.2.d includes a
reference to the old
delineation manual. The City
updated its critical area
ordinance in 2015 and plans
to update the SMP for
compliance as part of this
update.
Update RMC 4-3-090.D.2.d to
reflect updates to the critical
areas ordinance in 2015.
Ensure these updates included
the correct wetland
delineation manual reference.
b. Ecology adopted rules for new
commercial geoduck
aquaculture.
Renton does not have any
marine shorelines to support
geoduck aquaculture.
No change is needed.
c. The Legislature created a new
definition and policy for floating
homes permitted or legally
established prior to January 1,
2011.
Renton does not have any
floating homes permitted or
legally established prior to
January 1, 2011
No change is needed.
d. The Legislature authorized a new
option to classify existing
structures as conforming.
RMC 4-10-095 does not
identify existing structures
within the shoreline as
conforming.
City may optionally add the
language recommended in the
SMP Periodic Review Checklist
Guidance document to classify
legally established residential
structures as conforming even
if they do not meet updated
standards in the SMP. This
would allow redevelopment,
expansion, and replacement
as long as it is consistent with
the SMP and no net loss
requirements.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 5
Row Summary of change Review Action
2010
a. The Legislature adopted Growth
Management Act – Shoreline
Management Act clarifications.
Renton’s SMP was adopted
after these provisions went
into effect. The RMC does not
specify the effective date of
amendments to the SMP.
No change is needed.
2009
a.
The Legislature created new
“relief” procedures for instances
in which a shoreline restoration
project within a UGA creates a
shift in Ordinary High Water
Mark.
RMC 4-9-190.B.10 already
contains these provisions
since it was adopted after this
change went into effect.
No change is needed.
b. Ecology adopted a rule for
certifying wetland mitigation
banks.
RMC 4-3-090.D.2.d.x.(f) allows
for mitigation banks to be
used for wetland impacts. The
City updated its critical area
ordinance in 2015 and plans
to update the SMP for
compliance as part of this
update.
Update RMC 4-3-090.D.2.x.(f)
to reflect updates to the
critical areas ordinance in
2015. Ensure these updates
included wetland banks as a
mitigation option.
c. The Legislature added moratoria
authority and procedures to the
SMA.
RMC 4-9-190 already includes
these provisions since it was
adopted after this change
went into effect.
No change is needed.
2007
a.
The Legislature clarified options
for defining "floodway" as either
the area that has been
established in FEMA maps, or the
floodway criteria set in the SMA.
RMC 4-11-060 already
includes both options in its
definition since it was adopted
after this change went into
effect.
No change is needed.
b. Ecology amended rules to clarify
that comprehensively updated
SMPs shall include a list and map
of streams and lakes that are in
shoreline jurisdiction.
RMC 4-3-090A.7 adopts the
shoreline map by reference.
RMC 4-3-090B adopts the list
of shorelines. No shorelines
have been added since
Renton’s last update.
No change is needed.
c. Ecology’s rule listing statutory
exemptions from the
requirement for an SDP was
amended to include fish habitat
enhancement projects that
conform to the provisions of
RCW 77.55.181.
RMC 4-3-090.C.15 includes an
exemption for projects to
improve fish habitat.
No change is needed.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 6
City proposed updates to the SMP: see attached Table of SMP Changes
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 7
Table of SMP Changes
Draft August 1, 2018
Section Summary of Change Discussion
4-3-050C Critical Areas Regulations
– Exempt, Prohibited and
Nonconforming Activities
3. Exemptions Adds exemptions that apply
to critical areas and buffers
with shoreline jurisdiction
consistent with WAC 173-
27-040(2).
These changes clarify the uses
and activities that are allowed
within critical areas and buffers
when the critical areas are
located in shoreline jurisdiction.
It adds references to the WAC
for exemptions that are similar
in the CAO and SMP to ensure
that the shoreline exemptions
(and any associated limitations
or conditions on those
exemptions) set under state law
are clear. It also adds a list of
uses and activities specific to
shoreline jurisidiction (such as
bulkheads, navigational aids,
etc.)
4. Exemptions – In Buffers Only Adds an exemption from
WAC 173-27-040(2) for
single-family residential
structures.
This change clarifies that within
shoreline jurisdiction single-
family homes are allowed in
critical area buffers, allowing
for buffer averaging and city
review of a study to ensure no
net loss.
4-3-050G Critical Areas Regulations
– Development Standards
6. Habitat Conservation Areas: Adds cross referencing
information to SMP.
The CAO was updated since
the SMP was adopted and
one of the amendments in this
document adopts the CAO
by reference. This change
creates cross referencing to
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 8
Section Summary of Change Discussion
the SMP for priority habitats.
4-3-090 Shoreline Master Program
Regulations
B. REGULATED SHORELINES:
3. The Jurisdictional Area Includes: Strike section b. contiguous
flood plain areas.
Language struck to be
consistent with RCW
90.58.030(d) and the Renton
SMP Inventory Report.
C. SHORELINES OVERLAY DISTRICTS:
3. Single Family Residential Overlay
District:
Adds May Creek to list of
Single Family Residential
Environments.
The Barbee Mill area was
rezoned from a
commercial/office/residential
zoning to a residential zoning
designation. The residential
zoning designation reflects
the development already on
the site. As a result, the
shoreline environment is
changed accordingly. See the
justification for environment
designation change at the
end of this table.
4. Shoreline High Intensity Overlay
District:
Amends the High Intensity
environment to remove the
Barbee Mill area.
The Barbee Mill area was
rezoned from a
commercial/office/residential
zoning to a residential zoning
designation. The residential
zoning designation reflects
the development already on
the site. As a result, the
shoreline environment is
changed accordingly.
D. GENERAL DEVELOPMENT
STANDARDS:
1. Applicability: Adds a reference to
citywide standards for
tree retention.
This clarifies that Renton’s
citywide tree retention
standards apply outside of
the SMP buffer.
2. Environmental Effects: Adopts CAO by reference The CAO was updated since
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 9
Section Summary of Change Discussion
and deletes existing
critical areas language
within shoreline
jurisdiction. Includes
clarification on exceptions
to the CAO within
shoreline jurisdiction.
the SMP was adopted and
can now be applied within
shoreline jurisdiction. This
improves consistency.
3. Use Compatibility and Aesthetic
Effects:
Amended to refer to the
bulk standards table.
Clarification and consistency
change.
5. Building and Development
Location – Shoreline Orientation:
Remove redundant
language on site planning.
Provide a cross reference to
the submittal requirements
for a stream or lake study
so they do not need to be
repeated here.
Relocate fencing standards
to the development
standards table.
Clarification and consistency
changes.
7. Standards for Density, Setbacks,
and Height:
Modified the setback and
buffer standards for
clarity and consistency. It
also adds a modified
buffer standard for lots
over 150’ in length.
Setbacks are established
as 15’ or the common line
standard, whichever is
greater. The changes also
clarify when this standard
is applied- only to existing
single family residences
and existing single family
lots. This includes an
addition to table note 5,
which holds the setback
line at the current 100’
from OHWM standard
even if the buffer is
modified.
Amended the application of
table footnotes for clarity
and consistency.
Elsewhere in the code Renton
measures setbacks from the
edge of the buffer, so for the
ease and consistency of
administration, the setback
standards are modified to
reflect this. There are several
clarifications related to this
change. However, the
standards themselves did not
change.
Table note 3 is moved from
section F1 Vegetation
Conservation for ease of
administration and added to
the table. It also includes
changes that applies a
modified standard for single-
family lots over 150’ in
length that was not there
before and clarifies when the
modified standards are
applied. This change was
intended to ensure that
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 10
Section Summary of Change Discussion
Added language to specify
standards for portions
property within 100’ of
OHWM, but landward of
the buffer.
Table note 1 adds
clarifying language about
allowed projections into
setbacks and buffers.
Table note 2 adds
clarifying language about
setbacks for water-
dependent uses.
Table note 3 specifies how
modified buffer and set
back standards for single-
family residential
development are applied.
Table notes 4, 6, 10, 11,
and 12 reworded for
clarification, but the
standards remain
unchanged.
Table note 5 is enhanced to
be clear that no structures
are allowed closer to the
OHWM than 100 ft. with
existing exceptions for
single family and High
Intensity modifications.
Table note 7 is added to
clarify that the modified
buffer standard is
allowed for single-family
residential short-plats.
Table note 9 is deleted.
Table note 13 provides a
standard for allowing
fences for properties in
the Single-family or High
Intensity environments.
development or new
development achieves no net
loss. The table does not
apply to newly platted
development, redevelopment
or expansion must comply
with the buffer and setback
standards. Teardowns must
also meet these standards,
which now specify a standard
setback of 15’ from the
buffer or a common line
setback, whichever is greater,
to prevent teardowns from
moving closer to the OHWM.
Table note 9 is not necessary
because in the only area
where it can be applied, it
would potentially allow more
height than what is allowed
by the underlying zoning.
Table 14 is based on
allowances in other SMPs that
addressed this issue.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 11
Section Summary of Change Discussion
E. USE REGULATIONS:
1. Shoreline Use Table: Added clarification that
development is subject to
a shoreline permit, even if
the use is permitted.
Changed the adult family
home use in single family
residential environments to
refer to the underlying
zoning.
Clarification added for ease of
administration.
Adult family homes are allowed
according to their own
provisions in Washington
State Law.
F. SHORELINE MODIFICATION:
1. Vegetation Conservation: Moved the table for
Alternative Vegetated
Buffer Widths and
Setbacks for Existing
Single Family Lots to the
development standards
table.
Amendments for clarification
related to the moving of
the table for Alternative
Vegetative Buffer Widths
and Setbacks for Existing
Single Family Lots.
Amended subsection
F.1.a.ii.(a) to clarify that in
order to qualify for a
setback reduction,
impervious surface must
be removed within the
building setback or lateral
to the primary structure.
Removed subsections
F.1.a.ii.(c) and (d) which
provide incentives to
reduce shoreline armoring
and improve habitat in
exchange for a smaller
setback.
Amended subsection F.1.a.iii
to clarify its application
See 4-3-090 D7 for discussion
on the Alternative Vegetated
Buffer Widths and Setbacks
for Existing Single Family Lots
to the development
standards table.
The amendment to subsection
F.1.a.ii.(a) specifically would
prevent someone from using
this provision to remove
impervious surface on the far
side of a structure to locate a
structure closer to OHWM.
The removal of subsections
F.1.a.ii.(c) and (d) remove a
potential incentive for
removing shoreline
stabilization or improving
habitat values. However, the
standard is currently too
ambiguous to apply and
would be difficult to achieve.
Subsection F.1.a.iii is amended
to remove inconsistent and
unnecessary language.
Subsection F.1.d.iv currently
creates a situation where
reduction is allowed in any
situation, but the intention is
to require native species, so it
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 12
Section Summary of Change Discussion
and that setbacks may be
reduced for narrow lots.
Amend subsection F.1.d.iv to
add clarifying language
and to specify that the
reduced buffer may have
no more than 5% non
native species.
Amend subsection F.1.g to
remove unnecessary
reference to non
conforming regualtions.
Added a subsection to F.1.i
that addresses
maintenance of dangerous
trees in the buffer.
Remove the requirement in
F.1.j.iii for a shoreline
variance for development
not requiring a substantial
development permit that
want to modify their
buffer or setbacks under
the vegetation
management provisions.
Added a new vegetation
conservation objective for
May Creek Reach A in
table 4-3-090F.1.l.
has been amended to do so.
There was no regulation
specified for the removal of
dangerous trees so it was
added, consistent with notes
7 and 8 of the critical areas
exemptions table in 4-3-050,
to F.1.i.iv.
F.1.j.iii is not needed because
any property that does not
meet the standards must
obtain a variance.
A new vegetation conservation
objective for May Creek
Reach A was needed due to
the Barbee Mill rezone and
shoreline environment
change. The zoning change
and this new objective better
reflect the residential
development that is already
fully developed there.
4-4-130 Tree Retention and Land
Clearing Regulations
C. ALLOWED TREE REMOVAL
ACTIVITIES:
9. Minor Tree Removal Activities: Amended to require a
Routine Vegetation
Management Permit in the
shoreline jurisdiction if
maintenance activities do
not require a land use
permit. Also specifies that
tree removal is not
allowed in the buffer in
There were no previous
provisions that specified what
type of tree removal was
allowed in shoreline
jurisdiction, so this was
added.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 13
Section Summary of Change Discussion
the shoreline.
D. PROHIBITED ACTIVITIES:
3. Restrictions for Critical Areas –
General:
The amendment specifies
that the SMP controls the
removal of vegetation
and trees within the
buffer.
Clarification so the
appropriate standards may
be applied.
4-9-070 Environmental Review
Procedures
H. CRITICAL AREAS/INAPPLICABLE
EXEMPTIONS:
2. Critical Areas Designated: Amended to update the
environments to match the
current SMP.
This amendment does not
change the standard, only
clarifies the applicable
environments that are
designated as critical areas.
4-9-190 Shoreline Permits
B. SHORELINE DEVELOPMENT
APPROVAL:
1. Development Compliance: Amended to add the
authority for the City to
add conditions of
approval in order to
achieve compliance with
the SMP.
This change specifically gives
the City authority to condition
development.
3. Substantial Development Permit: Updated the reference to
RCW 90.58.140(1) to be
inclusive of several
sections in the WAC and
RCW that exempt
projects.
From SMP update checklist.
C. EXEMPTIONS FROM PERMIT
SYSTEM:
1. Subsection C renumbered
and amended to add
subsection 2 for
consistency with item 2017
c on the Ecology checklist.
From SMP update checklist.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 14
Section Summary of Change Discussion
Updated for consistency
with Items 2014a and
2017a on Ecology
checklist to change the
project value threshold for
a shoreline exemption.
Added section r related to
ADA provisions in
response to item 2016a
on the Ecology checklist.
J. TIME REQUIREMENTS FOR
SHORELINE PERMITS:
11. Permit Processing Time: Updated for consistency
with item 2015a on the
Ecology checklist.
From SMP update checklist.
4-9-195 Routine Vegetation
Management Permits
D. PROCEDURES AND REVIEW
CRITERIA:
4. Review Criteria: Added a subsection h to
create a linkage to the
SMP vegetation
management rules.
This change cross references
vegetation management
regulations so they can be
used as part of the decision
making criteria for routine
vegetation management
permits.
5. Routine Vegetation Management
Permit Conditions:
Added a subsection f to
create a linkage to the
SMP vegetation
management rules.
This change cross references
vegetation management
regulations so they can be
used to condition routine
vegetation management
permits.
4-10-095 Shoreline Master Program,
Nonconforming Uses, Activities,
Structures, and Sites
A. NONCONFORMING
STRUCTURES:
Amended to clarify that
tear downs must meet the
full requirements of the
SMP (unless destroyed by
fire, natural disaster, etc.)
Clarified to ensure that
teardowns are required to
meet the full standards of
development.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 15
Section Summary of Change Discussion
B. NONCONFORMING USES: Amended so clarify that non
conforming uses are still
subject to shoreline rules.
Amended for clarity.
C. NONCONFORMING SITE: Removed this section. Nearly all sites are currently
nonconforming sites, but are
brought into compliance
through development. In that
case either the standard SMP
rules apply or the non-
conforming structure
standards result in site
upgrade. As a result this
section is not needed.
D. RESERVED Amended to remove
header.
Amended for clarity.
F. PARTIAL AND FULL COMPLIANCE,
ALTERATION OF AN EXISTING
STRUCTURE OR SITE:
Adds language to clarify
applicability for the
partial and full
compliance standards for
nonconforming structures.
Amended for clarity.
1. Partial Compliance for Non-
Single-Family Development:
Removed standards for
compliance with
remodeling.
Ecology has stated that internal
improvements that do not
increase footprint or
impervious surface should not
trigger site upgrades.
2. Partial Compliance for Single
Family Development
The table is removed and
replaced with text for
clarity and consistency of
administration.
The purpose of this section is to
allow upgrades to single-
family homes that don’t fully
comply with SMP
requirements by requiring
site upgrades. The purpose
of the site upgrades is to
mitigate, ensure no net loss,
and to bring the site more
into compliance with
provisions that support
ecological functions and
values. The standards remain
the same, except for the
change to a 40% remodeling
threshold (from 50%) which
was amended for consistency
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 16
Section Summary of Change Discussion
with provisions outside of the
shoreline.
4-11 Definitions
4-11-020 DEFINITIONS B: Amend the definition of a
shoreline buffer to clarify
that it is measure
horizontally upland from,
and perpendicular to, the
OHWM.
Clarification change.
4-11-040 Definitions D: Change to definition of
Development to reflect
Ecology review checklist
item 2017b.
From SMP Update checklist.
4-11-190 DEFINITIONS S: Amend the definition of
shoreline setback as
measured from the edge
of the buffer.
Clarification change.
UNIVERSAL CHANGES Removed language that
specifies “Administrator of
the Department of
Community and Economic
Development or
designee.”
Clarified use of
setback/buffer throughout
the document.
Title IV already specifies that
“Administrator” refers to the
Department of Community
and Economic Development
or designee, so it’s not
necessary to repeat it
throughout the SMP.
With the change to how
setbacks and buffers are
measured, to ensure
consistency of administration,
the document also reviews
and updates the references
to setbacks and buffers for
consistency and clarity.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 17
Justification for Shoreline
Environment Redesignation
One of the propsed changes to the SMP includes an environment redesignation at the Barbee Mill site.
In 2011, Renton City Council approved a Comprehensive Plan change (Ordinance 5624) resdesignating
the site from COR (Commercial Office Residential) land use to HD (Residential High Density). They also
approved a rezone for the site from COR to R-10 (Residential 10) zoning (Ordinance 5626), shown in
Exhibit 1 .
Exhibit 1. Rezoning Map of the Barbee Mill Site
Source: City of Renton Ordinance 5626, 2011.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 18
A private applicant and the City of Renton applied for change in land use and zoning for the Barbee Mill
site to recognize the current and future use of this property. Under the COR zoning, the applicant was
able to plat and develop residential use on this site. Although the COR zoning had the potential to allow
higher intensity commercial uses including retail and office development, the applicant entered into a
development agreement with the City of Renton that limited development on the site to residential
uses. The development agreement was also approved in 2011. With current and future residential use
secured through existing development and the development agreement, the City of Renton changed the
Comprehensive Plan designation and zoning to match this use.
The SMP was adopted in 2011 prior to the City’s approval of the development agreement, land use
designation change, or rezone of the property. In the adopted SMP, developable portions of the Barbee
Mill site were designated as a Shoreline High Intensity Environment (see Exhibit 2) .1 This matched the
COR land use and zoning designation of that site at the time of adoption.
Exhibit 2. 2011 Shoreline Environment Designation for the Barbee Mill Site
Source, City of Renton, 2011.
1 The portion of the Barbee Mill site that was part of a restoration and enhancement project on May Creek was
designated for Shoreline Urban Conservancy and that designation is proposed to remain in place.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 19
Per WAC 173-26-110(3) the City is to shows the amended environment designation map(s),
showing both existing and proposed designations, together with corresponding boundaries
described in text for each change of environment. All proposals for changes in environment
designation and redesignation shall provide written justification for such based on existing
development patterns, the biophysical capabilities and limitations of the shoreline being
considered, and the goals and aspirations of the local citizenry as reflected in the locally
adopted comprehensive land use plan;
Boundaries: Exhibit 2 illustrates the current High Intensity designation. The boundaries of the
property in Exhibit 1 more closely indicate the property that would change from High Intensity
to Shoreline Residential.
Development Patterns: WAC 173-26-211 establishes the basic requirements of the shoreline
environment designation system and sets forth designation criteria and management policies
for each of the environments. The criteria for shoreline residential environments is in WAC 173-
26-211(5)(f). Under the WAC the purpose of the shoreline residential environment is to “…
accommodate residential development and appurtenant structures…” Areas should be included
in the shoreline residential environment if they are inside urban growth areas or municipalities,
if they are developed with mostly single-family or multifamily residential uses, or if they are
planned and platted for residential development. With existing residential use on an approved
plat bound by development agreement to residential use, the Barbee Mill site meets the
purpose and designation criteria of the WAC for shoreline residential uses.
Goals and Aspirations: Renton adopts related shoreline environment criteria for its SMP in
RMC 4-3-090C and in the Shoreline Management Element of the Comprehensive Plan. The
Comprehensive Plan mirrors the WAC in its statement that “the objective of the the Single-
Family Residential Shoreline Overlay District is to accommodate residential development and
appurtenant structures that are consistent with this chapter.” Areas to be designated include
those characterized by single-family use and zoning. The Barbee Mill site meets both the
objective and the designation criteria of the Renton SMP for the Shoreline Single-Family
Residential environment.
Biophysical Capabilities: A review of the Cumulative Effects Analysis of the Shoreline Master
Program2 indicates that this change would be unlikely to affect the standard of no net loss. The
Barbee Mill site includes reaches on portions of May Creek and Lake Washington. Table 3-1 of
the Cumulative Effects Analysis shows that because of its location within the watershed and the
small area affected, the SMP in general has limited influence on most of the ecological
functions and processes for May Creek or Lake Washington. The only exception to this is where
forested areas, upland and outside of the Barbee Mill property contribute to terrestrial habitat
functions in May Creek. There is some potential to affect aquatic and terrestrial habitat on Lake
2 Parametrix, 2010. City of Renton Shoreline Master Program Update Shoreline Cumulative Effects Analysis.
AGENDA ITEM #4. b)
Shoreline Master Program Periodic Review Checklist
Shorelands and Environmental Assistance Program, September 20, 2017 20
Washington, although the magnitude of change is relatively small since the area is already fully
developed. The greatest impact on the functions and processes for aquatic and terrestrial
habitat would be the enhancement of shoreline vegetation and removing shoreline
stabilization. The Barbee Mill development was platted with less invasive shoreline stabilization
(bulkhead setback from OHWM with sloping, naturalized shoreline between the bulkhead and
OHWM) and with vegetation enhancement along May Creek. The change in environment
designation does not affect these improvements either positively or negatively.
Recommendation: Given that the change in the environment designation improves consistency
with Renton’s land use and zoning, is consistent with the environment criteria in the WAC and
the SMP, and should not affect ecological functions or processes, it should approved as part of
the Periodic Update.
AGENDA ITEM #4. b)
1
Renton Safe and Healthy Housing
Preliminary Code Amendments | September 2018
Overview
Almost half of the City of Renton’s housing units, about 48%, are rental units, and about 40% of the City’s
housing stock was developed 40 or more years ago. Some dwellings were quickly built to house the
workforce employed at truck and aerospace companies more than 75 years ago during World War II,
and those structures are past their useful life. To promote a basic quality of life for rental housing
residents and for the economic well-being of the city, the Community and Economic Development
Department (CED) has been considering a Safe and Healthy Housing Program allowed by the
Washington State Landlord-Tenant Act that would license rental housing like other businesses and certify
that rental units meet property maintenance and related health and safety codes.
CED is proposing a program that includes a self-certification process. The proposed program features
are described below.
Exhibit 1. Safe and Healthy Housing: Proposed Program September 2018
FEATURE RATIONALE
1 Require business licenses and
registration
Allows notifications when emergencies or nuisance complaints arise.
2 Implement a self-certification
program
Streamlined and efficient – most landlords in good stead.
Focus on landlords who don’t meet.
3 Update property maintenance
code standards
Per National Center for Healthy Housing & King County.
4 Create a new Ombudsman position Provide support, education, and information to landlords and
tenants and coordinate between multiple departments.
5 Provide enforcement through Code
Compliance staff
Already enforce other building and property codes.
6 Limit City inspections Effectively use Code Compliance staff and follow Landlord-Tenant
Act. Focus on exterior inspections through complaints. Interior
inspections only after tenants notify landlord, or landlord
permission, or through court warrants. Provide a free City code
inspection. Allow use of qualified approved inspectors.
7 Phase in the program One-year education and outreach campaign to landlords and
rental housing tenants to build awareness and encourage
compliance.
AGENDA ITEM #5. a)
September 2018 City of Renton | Renton Safe and Healthy Housing – Issue Paper 2
In February 2018, the City Council’s Committee of the Whole met to review the progress of the Renton
Safe and Healthy Housing Program. The overall parameters of the program were agreeable to the
Councilmembers present.
CED next steps included:
Balancing the protection of tenants from retribution and property owners’ rights
Penalties for non-compliance
Evaluation of the fee structure to balance revenues with City resource costs
Council questions and comments included:
What is the level of compliance with Bremerton and Tacoma who have similar self-certification
programs?
Renton’s proposed rental business license fees should be lower, and there should be carrots for
properties that are properly registered and penalties if not.
Example Programs – Compliance
Neither Bremerton or Tacoma have formal tracking programs on properties/units in compliance.
However, a 2015 auditor report on Bremerton’s program found that 56% of the units are licensed and
44% are not.
The ways in which Bremerton finds out if a landlord/property is not licensed includes: review of utility
billings (e.g. water), when landlord license accounts are closed due to property sales, review of Assessor
owner and site address records, and complaints.
Similarly, Tacoma finds leads from their Utility division, through building and land use permit inspections,
Assessor records comparing owner and site addresses. The City then sends a letter to the owner as
appropriate.
As a result of the less than full compliance, revenue analysis at 60% compliance is assumed. This is
assuming a modestly more successful Renton program over the case study examples.
Program Adjustments
GENERAL
Based on the City Council’s review and CED staff coordination with the City Attorney’s office and an
informal meeting with the Rental Housing Association, the following adjustments are made:
Fees: The City will be required to have a standard business license fee process as of January 2018
per recent changes to state law. The fees have been adjusted to apply the standard Business License
Fee and a Business & Occupancy (B&O) Tax based on revenues which does relate to the level of
business conducted and indirectly the number of units The overall level of fees and associated
revenue is less than considered in February 2018 when a per unit rental registration was considered
on top of a business license, and a higher participation rate anticipated (before understanding the
AGENDA ITEM #5. a)
September 2018 City of Renton | Renton Safe and Healthy Housing – Issue Paper 3
level of success by Bremerton and Tacoma). The potential fee revenue compared to expected costs
shows a closer balance.
Forms: The Residential Rental Checklist is updated to provide a signature line and to ensure
inspections are authorized. See Attachment A for the updated form.
Code Amendments: Proposed code amendments are provided in Attachment B and supersede prior
code proposals developed in association with the Planning Commission’s review of the program in
prior years. Property maintenance standards are similar to those reviewed by the Planning
Commission. A central code section laying out the requirements of the program is provided based on
Exhibit 1. The self-certification and reduced fee aspects are incorporated.
COSTS AND REVENUES
The proposed rates assume $150 for the business license for landlords. This is the standard fee that the
City would charge in conformance with model regulations developed in response to state legislation.1
In addition, a landlord would pay a B&O tax based on gross receipts tax. It is measured on the value of
products, gross proceeds of sales or gross income businesses earn.
If 60% compliance is achieved, the program would provide sufficient revenue for staff costs and
additional costs (fleet use, training, or other administrative costs such as City Attorney Consultations) –
Exhibit 2 illustrates a revenue of about $466,000 and Exhibit 3 shows staff costs of about $387,000 plus
other administrative costs of about $54,000 for a total cost of $441,000 approximately. If the City is
more successful, the City can revisit its fees (e.g. B&O rate).
Exhibit 2. Planning Level Revenue Estimate for Residential Rental Registration Program
Rental Type Fee Total
Landlords/
Properties
Anticipated
Participation
(%)
Anticipated
Registrations (#)
Estimated
Revenue
Business License (landlords)
SF $150/year 3,416 60% 2,050 $307,440
MF $150/year 423 60% 254 $38,070
Business License Subtotal 3,839 60% 2,303 $345,510
B&O 0.085% of gross
receipts
17,722 60% 10,633 units, annual
rev/unit $13,277
$120,000
TOTAL ANTICIPATED REVENUE $465,510
Source: BERK Consulting 2018
1 Nelson, Toni. MRSC. April 17, 2018. Is Your City Ready for the New Business Licensing Requirements? Available:
http://mrsc.org/Home/Stay-Informed/MRSC-Insight/April-2018/Are-You-Ready-for-the-New-Business-Licensing.aspx.
Accessed: June 11, 2018.
AGENDA ITEM #5. a)
September 2018 City of Renton | Renton Safe and Healthy Housing – Issue Paper 4
Exhibit 3. Staffing Costs
ACTUAL
(STEP A)
ACTUAL
(STEP E)
BENEFITS
RATE
BENEFIT
COST
(STEP E)
ANTICIPATED
TOTAL COST
(STEP E)
Labor Costs
Code Enforcement/Building Inspector $66,564 $81,120 77.81% $63,119 $144,239
Assistant Planner/ Program Coordinator1 $64,944 $79,128 77.81% $61,569 $140,697
Accounting Assistant III $47,148 $57,372 77.81% $44,641 $102,013
Total Labor Cost
$386,950
Other Administrative Costs
City Attorney Consultations2 $13,000
Training3 $600
Fleet Use4 $35,000
Other Administrative Costs5 $5,000
Total Administrative Costs $53,600
Total Labor and Other Costs $440,550
1 Reviewing Assistant Planner (2423) and Housing Repair Coordinator (2487), and considering the dual responsibilities of the
position, assumed the higher salary amount for the Housing Repair Coordinator.
2 Assumes City Attorney staff consultations of 20 hours each for eight sites, the estimated units annually requiring interior
inspections based on City of Tacoma experience.
3 Assumes annual training on Landlord-Tenant Act, international codes, inspections, etc. Fee is based on an example webinar
of $200 on the Landlord-Tenant Act, for three persons, see: http://www.lorman.com/training/property-
management/landlord-and-tenant-law-update-in-washington.
4 2017-2018 budget estimates replacement costs for a single public works truck in the fleet at $35,000. This is used as an
estimate for fuel, operations and maintenance, and other vehicular rental fees for three persons annually.
5 Other administrative costs may include printing, postage, and other supplies for mailing, notification, database management,
etc.
Source: BERK Consulting 2018
AGENDA ITEM #5. a)
September 2018 City of Renton | Renton Safe and Healthy Housing – Issue Paper 5
Attachment A: Updated Self-Certification Checklist
AGENDA ITEM #5. a)
Rental Housing Checklist
P a g e | 1
Residential Rental Checklist
The purpose of this form is to provide rental property owners a guide when inspecting their properties to ensure
compliance with the standards set forth in the Washington State Landlord Tenant Act, Title 59 RCW and that the
property does not present conditions that endanger or impair the health or safety of the tenants.
General
Junk vehicles in the yard.
Garbage, Junk, or Debris in the yard.
Overgrown vegetation which constitutes a nuisance per
Renton Municipal Code 1-3-3.
Lack of, or inadequate garbage and rubbish storage
for disposal.
Exterior stairways (in yards) need handrails/guardrails.
Exterior sidewalks broken, buckled or deteriorated.
Life Safety
Missing or unreadable address numbers or apartment
numbers.
Exit stairs need to be repaired or replaced.
Exit stairs are missing or have improper landings.
Exit stairs have incorrect rise and run.
Exit stairs need to be provided with
handrails/guardrails, or handrails/guardrails need
repair or replacement.
Stairs width is too narrow.
Door locks missing, inoperative, or illegal.
Window locks missing or inoperative.
Porch, deck, or balcony needs to be repaired, replaced
or removed.
Porch, deck or balcony needs guardrail.
Room and space dimensions less than required.
Exit(s)
Exterior doors and/or door framework need to be
repaired or replaced.
Exit windows from sleeping rooms not provided.
Exit windows from sleeping rooms too small in area or
dimension.
Overcrowding: Any building or portion thereof, where
the exiting is insufficient in number, width, or access for
the occupant load served, or where the number of
occupants in sleeping rooms exceeds the number
permitted by the area of sleeping.
Structural
Roofing needs repair.
Roofing needs replacement.
Chimney(s) needs to be repaired or removed.
Ceiling and/or roof framing needs repair.
Foundations need replacing.
Foundations need repair.
Wall framing needs repair.
Exterior walls need siding repaired.
Window glass needs replacement.
Window frames need repair or replacement.
Floor framing needs repair or replacement.
Peeling or absence of paint or weather protection on
exterior walls, decks, stairs, porches, and other exterior
surfaces.
Deteriorated or crumbling plaster or gypsum board.
Fire
Missing or inoperative smoke detectors in bedrooms.
Smoke detectors are not centrally located outside of
sleeping areas, and/or are not on each floor.
Improper storage, building clutter, or other fire
hazards.
Electrical
Improper or hazardous wiring.
Access to electrical panels is adequate.
If there are fuses, are the circuits properly fused.
Electrical convenience outlets or switches do not have
plates.
Burnt or painted outlets that need to be replaced.
Inadequate number of electrical convenience outlets.
Ground fault circuit interrupters not installed in the
bathrooms and kitchens.
Missing or damaged light fixtures, receptacles or
switches.
Plumbing/Heating Lighting & Ventilation
Improper toilets, lavatories, bathtubs, showers, or other
plumbing fixtures as required by the size or occupant
load of the occupancy.
Any lavatories, sinks, bathtubs or similar fixtures where
the spigot outlet is below the level of the basin rim, and
any other fixtures where cross-connection or back-
siphonage is possible.
Plumbing piping or fixtures of non-approved materials.
Leaking plumbing piping (supply and/or waste).
Sagging or improperly supported piping.
Clogged or inoperative plumbing piping.
Missing temperature/pressure relief valve on water
heater.
AGENDA ITEM #5. a)
Rental Housing Checklist
P a g e | 2
Substandard Laundry Facility. All residential buildings
shall provide facilities for the washing of clothes in
accordance with the provisions of the codes in force at
the time the building was constructed. In an apartment
house, where laundry facilities are not provided for
each unit, means such as laundry trays or washing
machines shall be provided elsewhere on site and shall
be available to tenants.
Inadequate or deteriorated heating or mechanical
equipment.
Inadequate supply of combustion air for fuel fired
equipment.
Improper gas piping.
Inadequate or no ventilation (either natural or
mechanical ventilation)
Windows painted shut.
Unlisted wood stoves or other appliances have been
illegally installed.
Appliances, including solid-fuel-burning appliances,
have been installed without proper clearances to
combustible materials.
No windows or inadequate windows to provide natural
light.
Sanitation
Substandard Kitchen: Each dwelling unit shall be
provided with a kitchen. The kitchen area shall contain:
• Space for a stove, microwave or hot plate.
• Space for a refrigerator.
• Adequate counter space for food preparation and
dish washing.
• Adequate storage space for kitchen utensils and
food.
• Adequate floor space.
• Communal kitchens, where allowed by zoning and
building codes, shall be located within a room
accessible to the occupants of each guest rooms
sharing the use of the kitchen without going outside
the rooming house or boarding home, or going
through a unit of another occupant.
Broken or plugged sewer.
Dampness, mold and/or mildew within the building.
Flaking, scaling, or peeling of wallpaper, paint or other
interior wall coverings.
Floor surfacing needs to be thoroughly cleaned or
replaced.
Wall surfacing needs to be thoroughly cleaned or
replaced.
Ceiling surfacing needs to be thoroughly cleaned or
repaired.
Infestation of vermin.
Apartments & Commercial Properties
Please Note: This section of the guide has additional
requirements that apply to apartments and
commercial units. Please use both sides when
inspecting your properties.
The following code requirements primarily apply to
apartments and commercial units.
Exit(s)
Exit signs are not provided with two sources of power.
Exit path lighting is not provided with two sources of
power.
Exit paths are not properly illuminated
Required exit signs are missing.
Required exit signs are not illuminated.
To ensure that fire escapes work properly, they must be
visually inspected every year by owner/agent and
provide documentation to the Renton Regional Fire
Authority.
Fire
Missing or inoperative fire extinguishers.
Required fire sprinkler system inoperative or missing.
Lack of, inoperable, or inadequate fire alarm systems.
Doors to stair enclosures do not meet required fire
assembly requirements, or fire assembly needs,
replacement or repair.
Doors to stair enclosures are missing or are blocked
open.
Stair enclosures are not of the proper fire rating.
Corridor doors are not properly rated (or equivalent)
Corridor doors don't have closers.
Corridor doors have improper hold open devices.
Corridor doors don't have gasketting.
Corridor door frames need to be repaired or replaced.
Transoms above corridor doors are not sealed or fire-
rated.
Required corridors are not of one-hour construction.
Exit doors have improper hardware.
Fire resistive construction needs repair or replacement.
Required fire doors are missing or damaged.
Stairs need to be enclosed in a fire rated shaft
AGENDA ITEM #5. a)
Rental Housing Checklist
Page | 3
Signatures
Statement:
I certify (or declare) under penalty of perjury under the laws of the City of Renton and State of Washington that
the foregoing Residential Rental Checklist is true and correct:
Signature: Place (City and County) Date:
Right of Entry:
Name:
Address:
Parcel Number:
I, ______________________________, owner of the property at __________________address, Renton WA,
do hereby give my permission to the City of Renton and their authorized agents to conduct an inspection of this
property to ensure compliance with applicable City of Renton Property Maintenance, Nuisance, Fire, and other
applicable health and safety codes.
Signature: Date:
AGENDA ITEM #5. a)
4
Attachment B: Code Changes
Code Changes ....................................................................................................................................... 1
Rental Certification & Landlord Notification ........................................................................................................ 4
Code Enforcement ...................................................................................................................................................... 9
Rental Business Licenses ........................................................................................................................................... 34
Property Maintenance Code ................................................................................................................................. 43
RENTAL CERTIFICATION & MAINTENANCE
4-5-125 Rental Housing Certification and Maintenance
A. PURPOSE
The City Council finds that rental housing is a valuable community asset, providing homes for all income
levels. The City recognizes that quality rental housing is a partnership between owners, tenants, and the
City. Additionally, the City Council finds that there exists rental housing in the City that is below the
minimum building standards and appears to violate RCW 59.18.060 of the Residential Landlord-Tenant
Act and that such substandard conditions constitute a public nuisance. As a result, to ensure the public
health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, this
code establishes a program to prevent and correct conditions in residential rental units that adversely
affect or are likely to adversely affect the health, safety, and welfare of the public. It is the purpose of
this chapter to assure that rental housing within the City is actively operated and maintained in
compliance with RCW 59.18, Residential Landlord-Tenant Act.
B. APPLICABILITY2
This Chapter applies to all property owners of residential rentals with the following exceptions:
1. Living units not rented to others;
2. Single room rental within a residence that is also occupied by the property owner;
3. Residences occupied by family members of the property owner. An affidavit regarding familial
relationship may be required by the City;
4. Accommodations for transient guests for which Lodging Tax is applicable (hotels, motels, inns,
short-term rentals, etc.);
5. Housing units in hospitals, hospice and community-care facilities, retirement or nursing homes, and
extended care facilities, i.e. living units subject to regulation by state licensing requirements;
2 Consultant note: Applies to units covered by Landlord-Tenant Act.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 5
6. Rental units that a government agency or authority owns, operates, or manages, or that are
specifically exempted from municipal regulation by state or federal law or administrative
regulation. Such exemption applies until such ownership is discontinued; and
7. Emergency or temporary shelters and transitional housing.
C. DEFINITIONS
"Certificate of Inspection" means a certificate made in accordance with the requirements of RCW
9A.72.085 by a Qualified Inspector on forms provided by the City that states that the owner of rental
property has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 of the
Landlord-Tenant Act, as defined in this section, that endangers or impairs the health or safety of a tenant.
"Code Compliance Inspector" means code compliance inspector as defined in RMC 1-3-2.B.2.
"Director" means the Director of Community and Economic Development or designee as applicable and
any other department director authorized by the Mayor to enforce this chapter, or their designee,
including, but not limited to, code compliance officer, building official, or other designated City official.
"Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping
place by one (1) or more persons maintaining a common household, including but not limited to single-
family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, mobile
homes, and other similar residential structures.
"Fire Code" means the International Fire Code and Fire Prevention Regulations set forth at RMC 4-5-070.
"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part
and in addition means any person designated as representative of the landlord.
"Landlord-Tenant Act" means the Residential Landlord-Tenant Act set forth in Chapter 59.18 RCW, as
currently enacted and hereinafter amended.
"Owner" means one (1) or more persons, jointly or severally, in whom is vested all or any part of the
legal title to rental property or all or part of the beneficial ownership and a right to present use and
enjoyment of the property.
"Person" means an individual, group of individuals, corporation, government, governmental agency,
business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common
interest, or any other legal or commercial entity.
“Public Corporation” means a corporation created pursuant to RCW 35.21.730.
"Qualified Inspector" means a United States Department of Housing and Urban Development certified
inspector, a Washington State licensed home inspector, an American Society of Home Inspectors certified
inspector, a private inspector certified by the National Association of Housing and Redevelopment
Officials, the American Association of Code Enforcement, International Code Council certified inspector, a
Washington licensed structural engineer, or a Washington licensed architect, or other comparable
professional association as approved by the Director of Community and Economic Development. An
"owner" as defined in this section is not eligible to act as a qualified inspector.
"RCW" means Revised Code of Washington.
"RCW 59.18.060 of the Landlord-Tenant Act" means, for the purpose of this chapter, RCW 59.18.060(1)
through (10), as currently enacted or hereinafter amended.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 6
"Rental property" or "property" means all residential dwelling units rented or leased on a contiguous
parcel or parcels of land managed by the same landlord as a single rental complex.
"Residential Rental Checklist" means an unsworn statement, declaration, verification, or certificate made in
accordance with the forms provided by the City that each dwelling unit complies with RCW 59.18.060 of
the Landlord-Tenant Act as defined in this section, as currently enacted and hereinafter amended, and
does not present conditions that endanger or impair the health or safety of the tenants.
"Tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes
with or without a rental agreement.
D. REGISTRATION AND DECLARATION REQUIRED
1. Registration and Declaration of Compliance. Any landlord renting or making available for rent
any "dwelling unit" as defined in Subsection C that requires a General Business License pursuant
to Chapter 5-5 RMC shall annually with the general business license application or renewal:
a. Register each dwelling unit;
b. Provide the City with the landlord’s name and contact information;
c. Provide the City with the name and contact information of any person designated by the
landlord as an alternate contact or as a representative of the landlord responsible for the
management of the rental property (optional);
d. Provide an email or mailing address or other method of contact as approved by the
Renton Police Department for participation in the Department’s landlord notification
program for notice of police activity on the rental property; and
e. File with and as part of the registration a Residential Rental Checklist as defined in
Subsection C declaring that each dwelling unit complies with RCW 59.18.060 of the
Landlord-Tenant Act and does not present conditions that endanger or impair the health or
safety of the tenants.
2. Conditions of Issuance. Issuance of the General Business License shall require:
a. Registration of dwelling units and providing the landlord’s name and contact information
as required in subsection 1 of this section;
b. Submission of a declaration of compliance as required in subsection 1 of this section or, as
applicable, submission of certificate of inspection if required by Section E, Violations and
Inspections;
c. Payment of applicable fees per RMC 5-5-3; and
d. Compliance with this chapter.
3. Revocation or Denial. Any General Business License issued under Chapter 5-5 RMC may be
revoked or denied for any violation of this chapter by the licensee or his or her agents or
employees pursuant to RMC 5-5-3, General Business License.
E. VIOLATIONS
To ensure compliance with RCW 59.18.060 of the Landlord-Tenant Act related to conditions of rental
housing, the following shall apply:
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 7
1. Pending Violation - Correction Notice. Whenever the City discovers or is made aware of a
violation of the RMC Chapter 5 Building and Fire Prevention Standards, or is deemed a chronic
nuisance property per RMC 1.3-3, Nuisances, or fails to obtain a General Business License per
RMC 5-5-3, and/or violations of any other applicable City code or state law which endangers or
impairs the health or safety of a tenant, the City Code Compliance Inspector shall issue a
Warning of Violation to the owner pursuant to RMC 1-3-3.C.
a. Notice to the City of the violation may be provided as a result of a site visit by a City
official, a complaint filed with the City, or by any other means.
b. The owner shall cure the violation in the time period required pursuant to RMC 1.3-3.C to
bring the property into compliance with RCW 59.18.060 for any existing violation.
2. Notice of Violation - Hearing. In the event the owner does not or cannot cure the violation or
obtain an approved plan within the required time period stated in the notice of a Warning of
Violation, a Finding of Violation shall be mailed or otherwise served to the owner. The owner may
request a hearing to challenge the Finding of Violation per RMC 1-3-3.C.2 and C.3.
a. It shall be unlawful to rent, to receive rental income from, or to offer for rent a dwelling
subject to the notice of pending violation-correction notice of this chapter beginning ninety
(90) days after service of notice by the City unless a Certificate of Inspection has been
submitted for the rental property, or a work plan has been provided and approved
pursuant to a Voluntary Correction Agreement.
b. The Certificate of Inspection shall be filed with the City by the date and upon the
conditions required by the Administrator. If a qualified inspector other than a City code
enforcement officer performs the inspection and a selected unit or units of the rental
property fails the initial inspection, both the results of the initial inspection and any
certificate of inspection must be provided to the City.
F. INSPECTIONS
1. Certificate of Inspection. A Certificate of Inspection shall be completed under the following
circumstances:
a. A tenant requests an inspection by a Code Compliance Inspector, or a Qualified
Inspector approved by the City, consistent with the requirements of RCW 59.18,
Residential Landlord-Tenant Act.
b. Whenever the City discovers or is made aware of a violation per Subsection E.1, the
Code Compliance Inspector conducts an inspection per Subsection F.2.
c. In the event a hearing is held before the Administrator per RMC 1-3-2.E and an order is
issued requiring the owner to cure the violation, the City may require that the owner
obtain a Certificate of Inspection pursuant to this section.
i. The Certificate of Inspection must be provided by a Code Compliance Inspector, or
a Qualified Inspector for the subject rental property to ensure full compliance with
the order and with RCW 59.18.060 of the Landlord-Tenant Act and does not
present conditions that endanger or impair the health or safety of a tenant.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 8
ii. The dwelling unit or units of the rental property to be inspected and the extent of
the inspection shall be as required by the Administrator’s order and shall be
consistent with RCW 59.18.125 regarding the percentage of units to be inspected.
iii. If a rental property owner chooses to hire a qualified inspector other than a city
code enforcement officer, and a selected unit of the rental property fails the initial
inspection, both the results of the initial inspection and any Certificate of Inspection
must be provided to the City.
2. Notice of Inspection to Tenant. Notice to tenant of an inspection shall be provided as follows:
a. The City Code Inspection Officer may conduct an onsite exterior inspection to ascertain
compliance with this Section based on the landlord’s authorization in the Residential Rental
Checklist, or in any case if there is a condition that appears to endanger public health or
safety. If a landlord has not completed a Residential Rental Checklist, the City shall send a
Warning of Violation per RMC 1-3-2, and notify the landlord of an onsite exterior
inspection. No advanced notice is required to conduct an exterior inspection where
adverse public health and safety conditions are present.
b. The City Code Inspection Officer shall conduct an interior inspection if one or more of the
following occurs:
i. A request is received by a tenant who notifies the landlord pursuant to RCW
59.18;
ii. Landlord permission is granted through the Residential Rental Checklist or other
written authorization, and tenant authorization is verifiably attained;
iii. Through a Finding of Violation per RMC 1-3-2 or a criminal citation per RMC 1-3-
3; or
iv. Court warrants.
c. A landlord shall provide written notification of his or her intent to enter an individual unit
for the purposes of providing the City a Certificate of Inspection in accordance with RCW
59.18.150(6) of the Landlord-Tenant Act. The written notice must indicate the date and
approximate time of the inspection and the company or person performing the inspection,
and that the tenant has the right to see the inspector’s identification before the inspector
enters the individual unit. A copy of this notice must be provided to the inspector upon
request on the day of inspection.
d. A tenant who continues to deny access to his or her unit is subject to RCW 59.18.150(8) of
the Landlord-Tenant Act.
e. Inspections: Frequency of City inspections shall be consistent with RCW 59.18.125.
4. If a unit or units fails the inspection the City shall require the Landlord to abate the conditions per
RMC 1-3-2 Code Enforcement and/or RMC 1-3-3 Nuisances.
5. Inspection Findings - Review and Appeal. If a landlord does not agree with the findings of an
inspection performed by the Code Compliance Inspector or a Qualified Inspector approved by
the City, the landlord may request an administrative review by the Administrator per RMC 1-3-
2.E. The request shall state in writing the reasons the Administrator should review the findings.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 9
Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon
receipt of the request for administrative review, the Director shall review the information
provided. After considering all of the information provided, including information from the Code
Inspection Officer and the City Attorney, or his or her designee, the Administrator shall affirm or
modify the findings of inspection. The Director’s decision shall be delivered in writing to the
appellant by first-class mail, email or hand delivery.
6. Administrative Appeal. Appeals of the decision resulting from the Administrator’s review shall be
made to the Hearing Examiner pursuant to RMC 1-3-3.G.10.
G. SALE OF PROPERTY – NEW OWNER COMPLIANCE
Where conditions exist that are in violation of RCW 59.18.060 and there is a change of ownership, the
new owner will be subject to the provisions of this Section upon notice of violation.
H. PENALTIES AND ENFORCEMENT
1. A violation of this section is subject to penalties pursuant to RMC 1-3-1.
2. False Reporting. Any person who knowingly submits or assists in the submission of a falsified
Residential Rental Checklist or Certificate of Inspection is subject to penalties of RMC 1-3-1.
CODE ENFORCEMENT AND NUISANCES3
1-3-2 Code Enforcement:
A. System of Non-Judicial Enforcement:
1. Purpose: To protect and promote the health, safety, sanitation and aesthetics in the City of Renton by
providing, in normal circumstances, an expedited and cost-effective process to address civil code
violations, provide for prompt hearings and decisions, and for the collection of appropriate fines, costs,
and fees.
2. Authority: Pursuant to RCW 7.80.010(5), the City elects to establish a non-judicial hearing and
determination system to enforce RMC civil code violations.
3. Not a Basis for Liability: This code does not create or imply any duty upon the City or any of its
officers, employees or volunteers that may be construed to be the basis of civil or criminal liability on the
part of the City, its officers, employees, agents or volunteers, for any injury, loss, or damage resulting
from any action or inaction on their part.
B. Definitions:
1. “Administrator” shall mean a City of Renton department administrator or designee.
2. “Code Compliance Inspector” (CCI) means any City of Renton employee or City of Renton designee
who is directed, authorized, or responsible for finding, responding to, evaluating or considering violations
and/or alleged violations of the Renton Municipal Code herein.
3 Consultant Note: No changes are proposed to RMC 1-3-2, Code Enforcement, or RMC 1-3-3, Nuisances. Since these sections
are referenced several times in the Rental Housing Certification and Maintenance Code the current text is provided for
convenience.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 10
3. “Cost” includes and is not limited to the recovery of reasonable legal fees and costs (including but
not limited to any legal personnel costs, filing fees, travel costs, etc.), administrative personnel costs,
abatement costs (including but not limited to filing fees, truck rental fees, hiring or contracting fees,
overtime costs, etc.), actual expenses and costs, and reimbursement for any and all expenses related to
the code enforcement process.
4. “Finding of Violation” is a determination made by the CCI that a Violator has committed or
permitted a violation of the Renton Municipal Code. A Finding of Violation is a civil code violation,
punishable in accordance with the terms of this section.
5. “Fines” are any monetary recovery or reimbursement related to the City’s civil code enforcement
including, but are not limited to, fees and/or assessments. Fines shall accrue for each day or portion
thereof that each violation occurs. A Violator may be responsible for multiple fines for each violation.
Fines are intended to be remedial in nature and should be distinguished from any penalties that may be
separately imposed through a judicial process.
6. “Order to Correct” is an order issued to a Violator(s), after the Administrator confirms the violation
or modifies the Finding of Violation, or if a voluntary correction agreement is not appropriate or not
successful, which orders the Violator(s) to abate the condition. The Order to Correct shall set the time and
manner in which the condition must be abated.
7. “Person in control” means any person who lives in or stays at a premises, or any person who literally
possesses or has his or her name on a title, deed, mortgage or an agreement related to the premises, or
any person who has control over the premises, or who is responsible for creating, maintaining or
permitting a code violation, whether as owner, tenant, occupant, or otherwise. There may be more than
one person in control for purposes of this section. If the person in control is not the legal owner, the person
in control and owner are both jointly liable and subject to the provisions and remedies of this section.
Application of this section against one party does not preclude application to another party who is an
owner or person in control. There is a presumption that a person in control is aware of or has knowledge
of the condition at a premises. This presumption may be rebutted by substantiated proof of a serious
incapacitating health concern or serious mental defect.
8. “Service” means delivery, either personally or by certified mail, with return receipt requested, upon
all persons having any interest in the property where the violation exists, as shown upon the taxpayer
records of King County; or shall post in a conspicuous place on such property a Warning and/or Finding
of Violation stating in what respects such dwelling, building, structure, or premises is unfit for human
habitation or other use, or what condition at such dwelling, building, structure or premises violates this
code. Service by mail is complete upon deposit to the postal service.
If the whereabouts of any person having any interest in the property where the violation exists are
unknown and the same cannot be ascertained by the CCI, in the exercise of reasonable diligence, and
the CCI makes an affidavit to that effect, then the serving of such Warning and/or Finding of Violation or
order upon the persons having any interest in the property where the violation exists may be made either
by personal service or by mailing a copy of the Warning and/or Finding of Violation or order by
certified mail, postage prepaid, return receipt requested, to each person having any interest in the
property where the violation exists at the address of the building involved in the proceedings, and
mailing a copy of Warning and/or Finding of Violation or order by first-class mail to any address of
each person shown as the taxpayer of record in the records of the King County Assessor at the address
shown in such records.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 11
The City may serve a Violator by electronic transmission, by commercial parcel delivery, or by posting on
the property in a conspicuous place and mailing a copy to the last known address for persons having any
interest in the property where the violation exists. Service on the owner(s) of real property shall be
deemed completed upon mailing to the taxpayer of record at the taxpayer’s listed address in the
records of the King County Assessor’s Office.
9. “Violation” is an act, error, omission, location, property, structure or condition that is contrary to any
provision of this code and/or endangers the health, sanitation or safety of the residents, neighborhood or
community. Multiple violations at one (1) location or by a Violator shall be heard jointly for administrative
and fiscal economy.
10. “Violator” is any person(s), entity, or organization(s), including the possessor and/or owner of a
property, any person(s) having any interest in the property, and/or the person in control or owner’s agent
for a property where an RMC civil code violation exists or is alleged to exist, and/or any person(s) who
has received notice of a Warning of Violation and/or a Finding of Violation.
11. “Warning of Violation” is an oral or written warning that provides notice to a Violator that the CCI
has found, seen or discovered an RMC civil code violation that a Violator has created, permitted to exist,
maintained or failed to eliminate. An oral Warning of Violation should be promptly memorialized.
C. Determination of Code Violation: When a CCI discovers or is made aware of a RMC code
violation, if appropriate in his or her judgment and experience, the CCI is authorized to initiate an
enforcement action in any of the following ways:
1. Issuance of a Warning of Violation:
a. Upon the discovery of a RMC civil code violation, the CCI is authorized to issue a
Warning of Violation upon the Violator pursuant to any of the following measures:
i. Issue a Warning of Violation and ask for immediate voluntary compliance; or
ii. Agree to a schedule for compliance that is no longer than seven (7) days from
the issuance of the Warning of Violation (If compliance cannot reasonably be
completed within seven (7) days, then the Violator must initiate the process within
seven (7) days and come into compliance within a reasonable period of time as
determined by the CCI.); or
iii. Enter into a Voluntary Correction Agreement, pursuant to RMC 1-3-2.D.1.
b. The Administrator or the CCI has the authority to modify or rescind the Warning of
Violation, based on good cause, such as the elimination of the violation or the finding that
another person or people were the Violator(s).
c. The City may issue a Warning of Violation or a Finding of Violation against more
than one (1) Violator for a violation of the code.
2. Citation for Finding of Violation:
a. Upon the discovery of a RMC civil code violation, the CCI is authorized to issue a
Finding of Violation upon the Violator. Within the Finding of Violation, the CCI shall inform
the Violator of:
i. The relevant details that form the basis of the violation;
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 12
ii. The section or sections of the RMC that have been violated;
iii. The time in which the violation must be corrected;
iv. The fine amount for the violation; and also that,
v. Any Violator who wants a hearing to challenge the Finding of Violation may
have a hearing before the Administrator at Renton City Hall, in a place to be
determined, if appropriate, not less than ten (10) days and not more than thirty
(30) days after the serving of the Finding of Violation.
b. The Finding of Violation is deemed final unless a Violator requests a hearing before
the Administrator under the process detailed in RMC 1-3-2.E.1, Opportunity for a
Hearing. The failure to request, submit a written argument and/or appear at a hearing
makes the Finding of Violation final. If a hearing is requested, the final determination of
the Finding of Violation shall be made by the Administrator, or his or her designee.
c. The Violator(s) found to be responsible for an RMC civil code violation pursuant to a
Finding of Violation shall be liable for the payment of any costs and/or fines. Payment is
due within thirty (30) days of the date on the Finding of Violation, or after a hearing
confirming the Finding of Violation, if a hearing is held after a timely request. The
payment of any cost and/or fine shall be made to the City of Renton Department of
Administrative Services. It is the responsibility of the Violator(s) to provide the
Administrator or CCI with proof of the payment of any costs and/or fines, as is
appropriate.
d. It shall be the responsibility of the Violator(s) found responsible for a violation to
completely eliminate the violation and to achieve complete civil code compliance. Payment
of civil fines, applications for permits, acknowledgement of stop work orders, and
compliance with other remedies do not substitute for performing the corrective work
required and bringing the property into compliance to the extent reasonably possible
under the circumstances.
e. If a Violator fails or is unable to eliminate the violation within the period of time
established by the Finding of Violation, and if the violation is deemed by the CCI to
warrant further enforcement, the CCI may issue as many Findings of Violations as there
are violations. Each day that a violation exists shall constitute a separate and actionable
violation, though each violation should be heard jointly for administrative and fiscal
economy.
3. Refer to Prosecutor for Criminal Violation: Upon the discovery of a RMC civil code violation,
the CCI is authorized to refer the matter to the City Attorney for consideration of criminal charges,
where appropriate.
4. Service: Service of the Warning and/or the Finding of Violation is proper by any means
noted in RMC 1-3-2.B.8. The City may serve each Violator and/or persons having any claim
against the title or contractual interest in the violation property.
D. Abatement:
1. Voluntary Correction Agreement: If, pursuant to RMC 1-3-2.B.9, the City determines that a
violation has occurred, the City may enter into a voluntary correction agreement with any
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 13
Violator. The Administrator, or his or her designee, shall administer a procedure to manage an
expedited voluntary compliance process.
a. The voluntary correction agreement form or document must contain, at a minimum:
i. All of the relevant information identifying the Violator(s);
ii. The violation location(s);
iii. Details about the violation(s);
iv. What must be done to eliminate the violation(s);
v. How long the Violator(s) has to eliminate the violation(s);
vi. Whether there have been any prior violations involving the Violator(s) in the
City in the last ten (10) years;
vii. A signed right of entry to inspect until the violation has been eliminated,
and/or correct or abate the property if the voluntary correction agreement is not
satisfied;
viii. The minimum amount of civil fines owed at the point the agreement is
entered; and
ix. In bold print, that if the voluntary correction agreement is not satisfied the
City may, without any additional notice or hearing, impose any remedy authorized
by this Chapter; order the abatement of the violation by the Violator(s) or the
City’s employees or agents; and assess any abatement, investigation, or
enforcement costs to the Violator(s) and against the property.
b. The Violator(s) may request a hearing to challenge the computation of the costs
and/or fines, and/or the Violator(s) may ask for a hearing to ask for mitigation of the
costs and/or fines.
i. If there are multiple requests for a hearing, those hearings may be
consolidated if the Administrator finds it reasonable to do so.
ii. The rules and procedures of the hearing shall be governed by the provisions
of Subsection E, Appeal and Hearing Procedure.
c. As a condition to entering into a voluntary correction agreement, a Violator expressly
waives the right to a hearing, or any other review to challenge the Finding of Violation,
except as noted in RMC 1-3-2.D.1.b, as the Violator concedes that any violation is a civil
code violation under the Renton Municipal Code, and that the City has the right to use any
lawful means provided by this code or applicable state or municipal law to investigate,
enforce and eliminate the violation. It is presumed to be inappropriate for a Violator to
be able to enter into a second voluntary correction agreement if that Violator has already
failed to comply with a voluntary correction agreement for the same violation.
d. The voluntary correction agreement acts as a stay of the accrual of costs and/or
fines, but if a Violator fails to eliminate the violation in accordance with the voluntary
correction agreement, the costs and/or fines shall become due and payable, and the
Violator waives any right to a hearing to challenge the determination of a violation.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 14
e. The voluntary correction agreement must be in writing and signed by at least one (1)
Violator. Any disagreement between Violators shall be addressed between the Violators
and, if necessary, in judicial hearings without requiring the participation or presence of the
City of Renton.
f. If a Violator is unable or unwilling to eliminate the violation immediately, then a
voluntary correction agreement is not appropriate.
g. A voluntary correction agreement is not a settlement agreement.
h. The Administrator may use whatever type of voluntary correction agreement form as
is appropriate in his or her judgment to mitigate and ultimately eliminate the violation. The
Administrator may modify the voluntary correction agreement form on an individual case
basis as needed to best respond to the facts, circumstances and conditions of a violation.
The Administrator may grant an extension to a Violator only if, in the Administrator’s
judgment, the Violator has taken prompt and substantial steps to eliminate the violation.
i. If the Violator fails to satisfy one (1) or more term(s) of the voluntary correction
agreement, after a Finding of Violation, the City may, without notice or further hearings,
order the abatement of the violation by the Violator(s) or by City employees or agents
and assess any other costs related to the investigation, enforcement and resolution of this
process to the Violator(s) and/or against the property.
2. Order to Correct: If the Administrator confirms the violation or modifies the Finding of
Violation, if the Finding of Violation becomes a final determination, or if a voluntary correction
agreement is not appropriate or not successful, the Administrator is authorized to take any of the
following actions:
a. Order the Violator(s) to abate the condition. The Administrator has the authority to set
the time and manner in which the condition must be abated. The Administrator may order
the property abated by persons working under the City’s authority with costs assessed to
the Violator(s).
b. Stay the accrual of costs and/or fines, only upon an actual showing a Violator, acting
in good faith, is unable to bring the condition into compliance within the required time.
c. Assess costs and/or civil fines when the Administrator confirms or modifies the Finding
of Violation.
d. Order that work stop immediately if that work is inconsistent with a permit or license,
has not been approved, is being done without a permit, or has not been inspected, or a
Violator has refused a request to inspect.
e. Deny a permit or license application or revoke, modify or suspend any permit or
license previously issued when a Violator has failed to comply with the terms of the permit
or license or efforts to bring the condition or property into compliance, a Violator has
exceeded the scope of work set forth in the permit or license, or if a Violator has failed to
undertake the project in the manner set forth in the approved application.
f. In order to enforce the Administrator’s decision, the City may get an order from
Superior Court to enter onto a Violator’s property for the purpose of inspecting and/or
abating the violation.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 15
g. It shall be a misdemeanor to impede, delay, obstruct or interfere with the City’s
employees or agents designated to perform the abatement. Any physical efforts to
impede, delay, obstruct, or interfere with City employees or agents will be forwarded to
the prosecutor for appropriate criminal filing.
3. Costs of Abatement: The cost of abatement, cleaning up the property, removing hazards,
and/or bringing the property into compliance shall be borne by the Violator. All costs shall be
paid by the Violator to the City of Renton Department Administrative Services within thirty (30)
days from the final determination of the Finding of Violation.
a. Written Expense Report: Where costs are assessed under this code and a Violator
fails to pay within the thirty (30) day period, the CCI shall prepare a written itemized
report to the Administrator showing the cost of abatement, including rehabilitation,
demolition, restoration or repair of such property, including such salvage value relating
thereto plus the amount of any outstanding fines. A copy of the report and a notice of the
time and date when the report shall be reviewed by the Administrator shall be served on
the Violator(s) at least five (5) days prior to the review by the Administrator, or verified
as being previously provided to the Violator(s).
b. Determination of Amount Due: A Violator may submit a written explanation why the
costs and/or fines are unreasonable and should not be assessed. The Administrator shall
review the report and such other information on the matter as it receives and deems
relevant. The Administrator shall confirm or revise the amounts in the report and authorize
collection of that amount, or, in the case of a debt owed by a Violator and/or property
owner, authorize a lien be filed against the property.
c. Assessment Lien: Following the authorization by the Administrator, when permitted by
law, the City Clerk shall cause to have filed a lien with the King County Recorder’s Office,
which lien may be foreclosed pursuant to the laws of the State of Washington. The City
may file an action to reduce the lien to a judgment.
E. Appeal and Hearing Procedure:
1. Opportunity for a Hearing:
a. In order to provide due process and to achieve the purpose of this section, a Violator
may request a hearing before the Administrator to raise any challenge to the Finding of
Violation or the application of the code and/or to challenge or mitigate the costs and/or
fines.
b. The opportunity for a hearing is available for each violation and fine imposed for
multiple violations at one (1) site or at multiple sites by one (1) or more Violators.
2. Appeal Requirements:
a. Timeliness: Any appeal of the Administrator’s decision must be filed and served within
fifteen (15) calendar days of the issuance of the decision. An appellate petition or motion
is barred, and the court may not grant review, unless the petition is timely filed with the
court and timely served on the City.
b. Timing of a Hearing: If a Violator and/or persons having any claim against the title
or contractual interest in the property where the violation exists wishes to challenge a
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 16
Finding of Violation, or to challenge or mitigate the costs and/or fines, that Violator
and/or persons having any claim against the title or contractual interest in the property
where the violation exists shall submit a written request for a hearing within fifteen (15)
days of the date of the Finding of Violation. The Administrator shall set the date of the
hearing within fifteen (15) days of the received request for a hearing. The decision shall
be entered and mailed or posted no later than fifteen (15) days after the City receives
the written request for a hearing. There shall be no fee to appeal a Finding of Violation.
c. Withdrawal of Request for Hearing: a Violator or multiple Violators may withdraw
their request for a hearing only if each Violator agrees, and only if it is withdrawn within
five (5) days of making the request. They will not be charged the costs of the hearing if
the request to withdraw their request is timely. An actual hearing or an untimely request to
withdraw a request for a hearing may result in the costs for a hearing if the Administrator
deems it appropriate and can particularize or itemize or place value to the efforts of the
CCI and/or Administrator.
3. Hearing Procedures:
a. Hearing Procedure: The Administrator may choose to hear the matter orally or based
solely on the parties’ written submissions or both. The Finding of Violation may satisfy the
City’s burden of production, but the City may submit additional written testimony. If the
Administrator determines that the matter requires an in-person hearing, such a hearing
may be scheduled, and appropriate and reasonable notice shall be provided to the CCI
and Violator(s).
b. Who May Appear: If the owner and the possessor or person in control of the
property are not the same, and if the owner fails to respond in writing or fails to appear
at an oral hearing after service of the Finding of Violation, there is a presumption that the
owner has given the Violator(s) the authority to act as his/her agent for purposes of the
hearing or that the owner has chosen not to participate.
c. Scope of Hearing: The scope of the hearing is limited to the conditions of the property
on the date listed on the Finding of Violation. Relitigation of previously imposed costs
and/or fines is prohibited.
d. Preponderance of Evidence Standard: The Administrator shall determine by a
preponderance of the evidence whether there is a violation of this code, if the costs
and/or fines should be mitigated, or that a violation exists that must be corrected after
considering a Violator’s oral and/or written argument(s). The Finding of Violation, if
signed and dated by the CCI, shall be deemed admissible evidence to prove the violation.
If the Administrator concludes a violation was committed after reviewing the Finding of
Violation, then the burden of persuasion shall shift to the Violator(s) to show by a
preponderance of the evidence that a violation has not occurred. The City is not required
to call witnesses to testify at the hearing.
e. Final Determination: The Administrator, after reviewing the written submissions,
exhibits, testimony, and other admitted evidence, may dismiss, confirm, or modify the
Finding of Violation, after the aforementioned hearing, or after the Violator’s failure to
request and/or appear at the hearing requiring oral argument. The Administrator’s
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 17
decision is deemed final, and may only be appealed in accordance with the provisions of
this code.
f. Imposition of Fines: The fines for a committed Finding of Violation shall be considered
based on the nature of the offense, the impact on the neighbors, neighborhood, or
community and the need to discourage such conduct, inactivity or neglect. The
Administrator is authorized to impose fines up to and including the maximum fines, or to
mitigate the fines, as the Administrator sees fit based on the criteria herein. The payment
of a fine does not prevent the City from asserting that the violation continues to exist or
from asserting that a new violation has been found.
F. Penalties:
1. Finding of Violation: A committed Finding of Violation, as described in this section, is a civil
code violation, and Violator(s) may be issued a fine of up to two hundred fifty dollars ($250).
Nothing in this section is intended to limit or prevent the pursuit of any other remedies or penalties
permitted under the law, including criminal prosecution. The payment of a fine pursuant to this
section does not relieve a potential Violator of the duty to correct the violation as requested by
the CCI or as ordered by the Administrator.
2. Criminal Penalty: Failing to comply with an Order to Correct, after a Finding of Violation, is
a misdemeanor, punishable according to the terms for a criminal penalty pursuant to RMC 1-3-1.
a. The prosecutor’s burden is to prove beyond a reasonable doubt as to each Violator,
that:
i. The Violator owns or was the person in control of a property in the City of
Renton; and
ii. The Violator received a Finding of Violation and an Order to Correct that
Violation related to that property; and
iii. The Violator failed to eliminate the violation within the time period prescribed
by the Finding of Violation.
b. If a Violator/Defendant is found guilty beyond a reasonable doubt, the
Violator/Defendant shall serve no less than five (5) days in jail for the first conviction, no
less than ten (10) days for the second conviction, and no less than thirty (30) days for any
subsequent conviction. A Violator/Defendant shall not be eligible for Electronic Home
Detention or any other alternative to jail time.
c. A Violator/Defendant shall remain responsible for the RMC civil code violation fines
and/or any costs, not including the cost of prosecution.
G. Additional Remedies:
1. Emergencies: Nothing in this section shall be read to limit or prohibit the City from taking any
appropriate action when an emergency or dangerous or potentially dangerous location,
property, structure or condition exists in the City. Not as a limitation, but for the purpose of
clarification, the City may abate, declare unsafe or unfit, or take some other appropriate action
when:
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 18
a. Dangerous Condition: A violation poses an immediate danger to safety, health, or
welfare of the possessor of the property, occupants, neighbors, neighborhood, community,
public utilities or the environment. The City shall assess costs and file a lien or seek a
judgment, if such action is required.
b. Vacant Premises: After inquiry, if it appears that a premises has been vacated and
the owner and any person in control cannot be located or refuses to abate the code
violation and the premises are either not secured against entry or have been entered by
trespassers, the City, pursuant to its community caretaking and police powers, may enter
the premises, secure the premises against entry, and place a lien against the property for
its administrative costs, to include materials, staff time, attorney’s fees, and whatever
additional costs may accrue in order that the premises may be secured.
c. Costs: If the Superior Court or court of competent jurisdiction decides, grants, and/or
agrees that emergency action is warranted by the City, the City shall seek costs if such
action is required.
2. Remedies Not Exclusive: The remedies noted in this section are not exclusive and may be used
in conjunction with any other remedies provided or allowed under the Renton Municipal Code, the
Revised Code of Washington, or any other provision of law.
a. The City is not prohibited from remedying, abating or mitigating any condition that
falls under this section by any other means authorized by law or by enforcing its findings,
remedies, costs, and/or fines by any means authorized by law.
b. The City will seek all costs, including attorney’s fees, if it must appear in a court of
law to address a Violator’s failure to abate the violation or failure to pay any costs
and/or fines. Unless otherwise precluded by law, the provisions of this section may be
used in lieu of or in addition to other enforcement provisions, including, but not limited to,
other provisions in this code, the use of collection agencies, or other civil actions including
but not limited to injunctions.
3. Permit Authority: The City, without a hearing, may suspend, revoke or modify any valid
permit or license issued by the City if or when it reasonably believes:
a. That a Violator knows, or reasonably should know, of a violation, but the Violator
continues to violate the permit or license or exacerbate a violation, and the CCI makes a
finding of an imminent threat or substantial threat to safety, health, or welfare of others,
property of others or City property including, but not limited to, utilities such as water and
sewage; or
b. That a Violator misrepresented any material or significant fact in applying for a
permit or license.
c. The City, without a hearing, may deny a request for a permit or license or to renew a
permit or license when it reasonably believes that without a valid permit or license a
Violator knows or knew of, or reasonably should know or should have known, of a
violation, but continues to work, operate, or exacerbate a violation without a valid permit
or license.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 19
d. Any revocation, suspension, modification or denial of a permit or license under this
Section shall allow the person who possessed or sought the relevant permit or license and
had the permit or license revoked, suspended, modified or denied an opportunity for a
hearing in a manner detailed in RMC 1-3-2.E.1.
H. Conflicts: In the event of a conflict between this and any other provision of this code or City
ordinance providing for a civil penalty, the more specific provision shall control.
I. Severability: If any one (1) or more subsections or sentences of this section are held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this section
and the same shall remain in full force and effect. (Ord. 5831, 1-23-17)
1-3-3 Nuisances:
A. Purpose: Unlawful, unkempt, unsafe, unsanitary, improperly maintained premises, properties,
sidewalks and easements, premises where illegal and/or code violating conduct occur, and nuisances and
chronic nuisance properties within the City, create potentially grave habitability, health, safety, sanitation,
and welfare concerns for the City, its residents and guests, and for the value and economic well-being of
the premises and properties and premises and/or property owners in Renton.
These nuisances are a financial burden on the City because repeated calls for service, complaints or
requests for investigations and/or inspections of suspected nuisances require the time and resources of the
City administration, the Renton Police Department, the City Attorney Department and the court. These
nuisances include not only those on private residential properties, but also those on private commercial
properties that fail to provide adequate and properly trained security and/or supervision, which results
in calls for service for incidents that could have been prevented or limited with adequate security and/or
supervision. Therefore, it is the purpose and intent of the City, in enacting this Chapter, to ameliorate
nuisances and hold those persons responsible criminally and financially accountable.
It is also the purpose of this Chapter to provide the City’s representatives with the necessary powers to
prevent, remedy and/or abate nuisances and to charge those responsible for the abatement costs. This
Chapter is a reasonable and proper exercise of the City’s police power with a rational relationship
toward fostering or preserving the public peace, safety, health, morals or welfare, and it shall be
liberally construed to effect this purpose. This Chapter’s remedies are not exclusive and remedies
available under federal, state or other local laws may also apply.
Consistent with RCW 35.80.030(7) (entitled Permissible Ordinances – Appeal), the City of Renton is (a)
prescribing minimum standards for the use and occupancy of dwellings throughout the municipality, (b)
prescribing minimum standards for the use or occupancy of any building, structure, or premises used for
any other purpose, (c) preventing the use or occupancy of any dwelling, building, structure, or premises,
that is injurious to the public health, safety, morals, or welfare, and (d) prescribing punishment for the
violation of any provision of such ordinance. Renton’s authority includes but is not limited to
RCW 35A.21.160 which grants to code cities “all of the powers of which any city of any class may have”
and RCW 35.22.280(30) which permits a city to declare and abate nuisances, and to impose fines upon
those responsible for nuisances.
Finally, to ensure that this section and any related section or subsection is appropriately and lawfully
applied with a fair and non-disparate impact on members and segments of the community, the City of
Renton declares that chronic nuisance offenses and chronic nuisance calls for service shall not include or
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 20
apply to calls of victims or survivors of domestic violence, sex-related offenses, stalking, or any person
requiring or requesting necessary medical attention on their own behalf or on the behalf of another.
Further, these specified calls by or on behalf of victims or survivors of domestic violence, sex-related
offenses, stalking, or those requiring or requesting necessary medical attention shall not be a basis for the
abatement or eviction of these specified persons under this ordinance. (Ord. 5752, 2-9-15; Ord. 5769,
9-28-15)
B. Definitions: For the purposes of this Chapter, unless it is plainly evident from context that a different
meaning is intended, the following words and phrases shall be defined as follows, and the singular and
plural of each word shall be interchangeable when necessary to carry out the intent of this Chapter:
1. “Abate” means to clean, eliminate, remove, repair or otherwise remedy a condition that
amounts to a nuisance under this Chapter by such manner, means, and to the extent as an
Administrator or law enforcement officer determines is reasonably necessary to protect the
general health, morals, safety and welfare of the City of Renton, and/or its citizens or guests.
(Ord. 5752, 2-9-15)
2. “Act” means doing, finishing, performing, or preparing to do something.
3. “Administrator” means a City of Renton department administrator or designee.
4. “Calls for service” means calls or communications to 911, including but not limited to Valley
Communications, and/or calls or communications directly to the Renton Police Department or one
of its officers, or the viewing of an offense by an officer. Calls for service, as that term is used in
the definition of “chronic nuisance premises,” does not include incidents that have no nexus to or
that are unrelated to the chronic nuisance premises, its resident(s), owner(s), guests, patrons, or
calls for general information. (Ord. 5752, 2-9-15)
5. “Chronic nuisance premises”:
a. As it relates to single-family or duplex housing, an individual apartment unit, or a
building, structure or business used for commercial, retail, or entertainment purposes, or the
area within two hundred feet (200') of such premises, including those regulated by the
Liquor Control Board, and including public, private, commercial or industrial parking lots
within two hundred feet (200') of such premises, “chronic nuisance premises” means a
property on which any of the following exists or has occurred:
i. Six (6) or more calls for service during any sixty (60)-day period; or
ii. Ten (10) or more calls for service during any one hundred and eighty (180)-
day period; or
iii. Fourteen (14) or more calls for service during any twelve (12)-month period;
b. Any action against a “chronic nuisance premises” and/or its owner, managing agent
or person in control for a violation under RMC 1-3-3.B.5.a.i does not preclude the use of
those nuisances or criminal activities to find a violation of RMC 1-3-3.B.5.a.ii or iii; and a
violation under RMC 1-3-3.B.5.a.i and/or ii does not preclude the use of those nuisances
or criminal activities to find a violation of RMC 1-3-3.B.5.a.iii as long as all of the
nuisances or criminal activities occurred during the applicable time period. If any of the
incidents that make up a “chronic nuisance” constitute a criminal offense, the incident may
be charged separately as a criminal offense. (Ord. 5752, 2-9-15)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 21
6. “Criminal violation” means any violation punishable under RCW 9A.20.021(2) or (3). (Ord.
5752, 2-9-15)
7. “Code Compliance Inspector” (CCI) or “Code Enforcement Officer” (CCO) means any person
authorized by an Administrator to investigate or inspect for code violations.
8. “Control” means the ability to dominate, govern, manage, own or regulate a premises, or the
conduct that occurs in or on a premises.
9. “Development” means the alteration, demolition, enlargement, erection, maintenance or use
of any premises or the alteration or use of any land above, at or below ground or water level,
and all acts authorized by a City regulation or ordinance.
10. “Drug-related activity” means any activity at a premises that violates Chapter 69.41 RCW
(Legend Drugs), Chapter 69.50RCW (Uniform Controlled Substances Act),
Chapter 69.51A (Medical Marijuana) or 69.52 RCW (Imitation Controlled Substances),
Chapter 69.53 RCW (Use of Buildings for Unlawful Drugs) or any applicable federal, state or
local law regulating the same general subject-matter. (Ord. 5752, 2-9-15)
11. “Emergency” means any situation which an Administrator or law enforcement reasonably
believes requires immediate action to prevent or eliminate an immediate threat to public health,
morals, safety, or welfare of persons or property in the City of Renton, or to evaluate a condition
immediately after a life-threatening or actual loss of life situation has occurred. (Ord. 5752, 2-9-
15)
12. “General public” means the City of Renton, any of its communities or neighborhoods, or
more than one (1) citizen, neighbor and/or their guests. (Ord. 5705, 3-17-14)
13. “Gross misdemeanor” means any criminal violation punishable under RCW 9A.20.021(2).
(Ord. 5752, 2-9-15)
14. “Hearing Examiner” means an individual authorized to hear administrative appeals and
designated matters for the City of Renton.
15. “Incurred expense” includes, but is not limited to, actual, direct or indirect, appeal costs,
fees and expenses; attorney, expert, filing and litigation costs, fees and expenses; hearing costs
and expenses; copy, documentation, and investigation costs and expenses; notice, contract and
inspection costs and expenses; personnel expenses; hauling, disposal and storage costs and
expenses; preparation, travel and parking costs, fees and expenses; photocopying, mailing and
service costs and expenses. All such costs and expenses shall constitute a lien against the affected
property, as set forth in subsection G.6 of this Section.
16. “Material statement” means any written or oral statement reasonably likely to be relied
upon by a public servant in the discharge of his or her official powers or duties.
17. “Misdemeanor” means any criminal violation punishable under RCW 9A.20.021(3). (Ord.
5752, 2-9-15)
18. “Monetary penalty” means any cost, fines or penalties related to violation of this Chapter,
including but not limited to actual fines or penalties to be paid as a result of a nuisance.
19. “Nuisance” (or “nuisance violation”) means but is not limited to:
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 22
a. “Moral” or “public” nuisances, even if the extent of the damage is unequal, that is
detrimental to the general public. For the purpose of this subsection, moral or public
nuisances shall not be limited to the state’s definition of moral or public nuisances; (Ord.
5705, 3-17-14)
b. Any unreasonable interference with the general public’s common right, such as
unlawfully obstructing the free use of public property, or any act or omission that
adversely and unreasonably impacts the general public’s ability to enjoy private
property;
c. Violation of any federal, state or county regulation, land use, navigation, public
health or morals ordinance or criminal law, whether adopted or not by the City of Renton;
d. Violation of any section of the RMC identified as unlawful and/or a nuisance under
Development Regulations (RMC Title IV), Finance and Business Regulations (RMC Title V),
Police Regulations (RMC Title VI), Health and Sanitation (RMC Title VIII), Public Ways and
Property (RMC Title IX), Traffic (RMC Title X), or public health or morals ordinance or
criminal law;4
e. Anything defined by RCW 7.48.140 (Public nuisances enumerated),
Chapter 7.48A RCW (Moral nuisances), or which constitutes a misdemeanor under
RCW 9.66.010 (Public nuisance) or RMC 6-18-11 (Breach of the Public Peace);
f. Acting, failing to act, permitting or allowing any act or failure in the use of a rental
premises for criminal purposes. Both the person in charge and the owner(s) of the premises
shall be responsible for the nuisance;
g. For clarity, nuisances that violate this subsection B.19 include but are not limited to
any of the following conditions:
i. Beekeeping: The existence of any bees, yellow jackets, hornets, or wasps that
harbor in colonies, hives, apiaries or nests which are not authorized by ordinance
or statute and are not in full compliance with Chapter 15.60 RCW (Apiaries) or
Chapter 16-602 WAC (Apiaries);
ii. Dumping: Any violation of RMC 6-14-16 (Dropping Litter from Air Craft),
RCW 70.95.240 (Unlawful to dump or deposit solid waste without permit –
Penalties – Litter cleanup restitution payment), and any applicable rule or
regulation; (Ord. 5766, 9-21-2015)
iii. Dumping in Waterways: Any violation of RMC 6-14-10 (Litter in Lakes and
Fountains), WAC 332-30-117.6 (Waterways), WAC 332-30-139.3 (Marinas and
moorages), WAC 332-30-163.9, 10 and 13 (River management), WAC 332-30-
166.1 and 2 (Open water disposal sites), WAC 332-30-171.4 (Residential uses on
state-owned aquatic lands), or any dumping of materials, waste, chemicals, or
other substances in or near waterways.
iv. Vegetation:
4 Consultant Note: Since this covers whole titles, this would cover Rental Certification and Maintenance and the General
Business License.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 23
(a) Vegetation exceeding twelve inches (12") in height (exclusive of
plants and flowers within a flower bed or container, shrubbery, or trees)
located in any front, back or side yard, adjacent public right-of-way or
planting strip, or any vacant property;
(b) Vegetation such as overhanging limbs or branches that are less than
eight feet (8') above a public walkway or sidewalk, or less than fourteen
feet (14') above a public street;
(c) Vegetation that obstructs or hinders the use of any public walkway,
sidewalk, or street, or that obstructs or obscures the view of traffic or
traffic control devices;
(d) Cut vegetation that is left on property, including but not limited to
trees, shrubs or plants, that has not been placed in a yard-waste or
otherwise disposed of lawfully;
(e) Dead, decaying or diseased trees or branches that pose a threat to
human life or property;
(f) Fire hazard grass(es), plant(s), or weed(s); or
(g) Noxious weeds or any toxic vegetation growth;
v. Nuisances that do not affect the general community or more than one
household are private nuisances and are not regulated under this definition;
vi. No lapse of time can legalize a nuisance, public nuisance, moral nuisance or
chronic nuisance;
h. The following shall not constitute public nuisances:
i. Compost piles less than four feet (4') in height and six feet (6') in diameter at
ground level, and 30 feet (30') or more from any dwelling, and four feet (4') or
more from adjoining properties;
ii. Storm debris within thirty (30) days following a storm event;
iii. Construction residue and debris during and for fourteen (14) days following
completion of work, unless the residue and/or debris is substantially or
unreasonably impacting the general public;
iv. Fallen leaves, tree needles, tree fruit and similar vegetation, during the
months of October through April, inclusive, except when located on public
sidewalks;
v. The accumulation and temporary storage, in containers designated for such
purposes, of recyclable materials pursuant to a program of recycling adopted by
the City; provided, however, that such containers must not be publicly visible or
they must be made available to the City’s garbage or recycle contractor within
fourteen (14) days after having been filled to fifty percent (50%) or more of their
capacity;
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 24
vi. Uncultivated, uncut or untended weeds, grass, bushes or other vegetation not
constituting a health or fire hazard, existing in a natural state on undeveloped,
agricultural, native growth easement or defined critical areas such as wetlands,
streams, and steep slopes. (Ord. 5752, 2-9-15)
20. “Omission” means a failure to act, complete, or to perform a legal duty.
21. “Person” means any individual, firm, association, partnership, corporation or any entity,
public or private.
22. “Person in control” means any person who possesses or has control over the premises, or
who is responsible for creating, maintaining or permitting the nuisance, whether as owner, tenant,
occupant, or otherwise. There may be more than one person in control for purposes of this
Chapter. (“Possess” in this context means to live in, or stay at a premises, and/or to literally
possess or have their name on a title, deed, mortgage or an agreement related to the premises.)
If the person in control is not the legal owner, the person in control and owner are both jointly
liable for any chronic nuisance. Both the owner and person in control are subject to the provisions
and remedies of this Chapter. Application of this Chapter against one party does not preclude
application to another party who is an owner or person in control of a chronic nuisance premises.
There is a presumption that a person in control is aware of or has knowledge of the condition at a
premises as well as whether there are any nuisances or chronic nuisances at the premises. This
presumption may be rebutted by substantiated proof of a serious incapacitating health concern
or serious mental defect. (Ord. 5752, 2-9-15)
23. “Rental property” means any premises that is rented or intended to be rented, possessed
whole or in part by a tenant, occupant, or otherwise, other than the owner, regardless of the
manner of remuneration or the absence of remuneration. The owner in this context is any person
or business entity, including but not limited to corporations, limited liability entities, and
partnerships that own, operate, manage, maintain or control rental housing or rental property.
The following are not rental housing or property:
a. A retail, commercial or industrial rental, unless someone is permitted to reside, sleep
or stay overnight in that premises;
b. A registered and licensed nursing home; or
c. A properly registered and licensed assisted living facility.
24. “Premises” means any building, factory-built house, dwelling, house, mobile home, property,
rental unit or property, or portion thereof, including, but not limited to, any building or structure
used as a residential or commercial property, built for the support, shelter or enclosure of any
persons, animals, chattels or property, or any building or structure used for commercial, retail or
entertainment purposes, including those regulated by the Liquor Control Board, or the area within
two hundred feet (200') of what is defined as a premises. “Premises” and “property” may be
used interchangeably in this Chapter. As a result, “premises” may also mean lot, tax parcel, real
estate or land, or portions thereof. (Ord. 5696, 11-4-13)
25. “Premises for illegal activities” means any premises operated, used or permitted to be used
for prostitution, the illegal manufacture of liquor, illegal gambling, illegal drug usage, illegal drug
selling, trading or dispensing pursuant to Chapter 7.43RCW, or is maintained as a place for
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 25
persons who appear to be under the influence of a controlled substance or alcohol. It also means
a premises operated, used or permitted to be used for gang or gang-related activities. Each
illegal act shall constitute a separate violation. Each individual engaging, participating,
permitting, or facilitating the illegal act(s) is subject to this Section.
26. “Tenant” means any person who does not own the premises, who occupies a dwelling,
mobile home, or premises primarily for the purpose of living, residing or staying there.
27. “Unfit” or “abandoned premises” means any premises:
a. Which has been damaged, or is decaying or falling by:
i. Any cause including but not limited to fire, uncommon neglect, water, weather,
or earth movement, general disrepair, instability, structural defects, defects
increasing the hazards of fire, accidents, or other calamities, inadequate
ventilation and uncleanliness, inadequate electrical, natural gas, water or sanitary
facilities, inadequate drainage, overcrowding, and
ii. Which is not fit for occupancy, or
iii. Due to other conditions which are inimical to the health and welfare of the
City of Renton’s residents.
b. Has been abandoned or unoccupied by lawful tenants for a period of ninety (90)
days or more; or
c. Has repair costs that equal or exceed the fair market value of the premises once
repaired; or
d. When the owner of the unfit or abandoned premises shows no intention of completing
or making substantial progress on completing such repairs within ninety (90) days.
This intention must be manifested in the form of cooperation and/or coordination with City
code compliance inspectors, having and offering detailed blueprints if the premises is
being rebuilt or repaired, and having obtained permits to demolish, repair, and remove a
premises.
e. For purposes of this Section, ninety (90) days is calculated from the date that the
damage occurred.
f. Repealed by Ord. 5752. (Ord. 5752, 2-9-15)
28. “Value” as used herein shall be the valuation placed upon the building or structure for
purposes of general taxation.
C. Nuisance Declared Unlawful: It shall be a misdemeanor for any person(s):
1. In control of a premises to permit, suffer, maintain, carry on or allow upon such premises or
any portion of the premises:
a. A nuisance; or (Ord. 5705, 3-17-14)
b. A chronic nuisance premises. (Ord. 5752, 2-9-15)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 26
2. For any person or persons to occupy or allowed to be occupied any premises ordered
vacated under this Section. To prove such a violation the City must prove beyond a reasonable
doubt that:
a. A person or persons occupied or allowed to be occupied;
b. Any premises;
c. In the City of Renton;
d. That had been ordered vacated under this Section. An order that was made under
the authority of or related to this Section, that was valid at the time of the violation, is
sufficient to prove this element. It shall not be a defense that the order was subsequently
rescinded, reversed, withdrawn or vacated.
3. For any person or persons to permit, suffer, maintain, own, carry on or allow an unfit or
abandoned premises as defined in subsection B.27 of this Section.
4. Any person or persons having been found to have violated this subsection C shall be guilty of
a misdemeanor punishable pursuant to RMC 1-3-1.1
D. Prosecution And Penalties: When an Administrator or law enforcement officer in consultation and
with the approval of the City Attorney’s Office determines that a nuisance, chronic nuisance, or chronic
nuisance premises exists, that also constitutes criminal conduct has occurred or is occurring, the City may
issue a criminal citation to the person in charge of the chronic nuisance property and/or to any person
involved in the chronic nuisance or nuisance. The City prosecutor’s approval shall not be an element of the
offense or a basis for appeal.
1. The City may issue a criminal citation when appropriate, including but not limited to the
following circumstances:
a. When an emergency exists; or
b. When a chronic nuisance occurs; or
c. When the nuisance cannot be quickly remedied by voluntary correction; or
d. When the person in charge knows or reasonably should have known that the nuisance
violates a City rule, regulation or ordinance; or
e. The person in charge refuses to communicate, cooperate with the City in correcting the
nuisance, or is unavailable to the City; or
f. When a nuisance that constitutes a crime has occurred or is occurring.
2. The violation of any of the provisions listed above is a misdemeanor and may result in
criminal prosecution in addition to possible administrative or civil penalties or costs.
3. Each such person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of the RMC is committed, continued, or permitted
by any such person, and such person shall be punished accordingly and to the full extent of the
law.
a. The first criminal violation shall have a mandatory minimum sentence of five (5) days
in jail without the option of electronic home detention, and the minimum penalty for the
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 27
first violation shall be five hundred dollars ($500), not including costs, court costs, fees,
and assessments; however, if such person brings the property into full compliance as
determined by the prosecutor, the court shall have the authority, at the prosecutor’s
request, to impose a deferred or suspended sentence in lieu of the mandatory minimum
sentence of five (5) days in jail;
b. The second criminal violation shall have a mandatory minimum sentence of fifteen
(15) days in jail without the option of electronic home detention, and the minimum penalty
for the second violation shall be six hundred twenty-five dollars ($625), not including costs,
court costs, fees, and assessments;
c. The third criminal violation for any individual shall have a mandatory minimum
sentence of thirty (30) days in jail without the option of electronic home detention, and the
minimum penalty for the third violation shall be seven hundred fifty dollars ($750), not
including costs, court costs, fees, and assessments; and
d. All other criminal violations shall have a mandatory minimum sentence of forty-five
(45) days in jail without the option of electronic home detention, and the minimum penalty
shall be one thousand dollars ($1,000), not including costs, court costs, fees, and
assessments.
4. Penalties Against The Person In Control: A person in control of a premises, including but not
limited to landlords, property owners, business owners, and property managers, shall ensure that
the premises, rental or leased property is not used for criminal conduct. The failure to eliminate or
prevent chronic criminal conduct or chronic criminal use of a premises committed by a tenant,
guest, owner or a person in charge on premises may result in a criminal citation to the owner
and/or person in control. A person in control of a premises is presumed to know what is occurring
in, on, or around the premises. Additional notice is not required. However, if a person in control is
notified by the City or by law enforcement that criminal conduct has occurred on the premises, the
person in control shall take reasonable steps to reduce the likelihood that criminal conduct will
reoccur on the premises.
a. When possible, notification should include the following:
i. The name and address of the person in control;
ii. The name of any person responsible for the nuisance;
iii. The day(s) of the nuisance;
iv. The street address or other description sufficient for identification of the
premises or property upon or within which the nuisance has occurred or is
occurring; and
v. A concise description of the nuisance and a reference to the violated law,
ordinance, rule or regulation.
vi. A failure to take reasonable steps shall constitute nuisance.
b. It shall be an affirmative defense that the person in control must plead and prove
beyond a preponderance of the evidence that (a) the person has taken reasonable steps
to reduce the likelihood that criminal conduct will occur in or on the premises or rental
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 28
housing or property, as or consistent with the conditions provided in RMC 1-3-3.F.8, or (b)
had no knowledge of, was not in contempt of court, and will immediately abate any such
nuisance that may exist. (Ord. 5752, 2-9-15)
E. Additional Enforcement Procedures: The provisions of this Chapter are not exclusive, and
may be used in addition to other enforcement provisions authorized by the RCW, RMC or other
applicable law, rule or provision.
F. Voluntary Abatement:
1. Applicability: After a conviction or finding of guilt for a violation of this Section of the code
or any criminal RCW or RMC code, the City of Renton may abate or request that the person in
control abate the premises. The conviction or finding of guilt is sufficient to satisfy due process
requirements and to establish that a nuisance exists or has occurred at the referenced premises.
(Ord. 5752, 2-9-15)
2. This Section shall also apply to a person in control of rental housing or a property owner who
is taking steps to eliminate or reduce the likelihood of criminal, gang or gang-related activities in
or around the premises or rental housing.
3. General: With some exceptions, the Administrator or law enforcement officer will initially
request that a person in charge agree to voluntarily abate a nuisance.
If the Administrator or law enforcement officer reasonably believes that person in charge refuses
to agree, fails to answer, fails to cooperate, or is or makes him or herself unavailable, the City is
not required to wait before compelling compliance.
4. Agreeing To Voluntarily Abate A Nuisance: A person in control may agree to voluntarily
abate a nuisance with the approval of an Administrator or law enforcement officer.
If a person in control is a tenant seeking voluntary abatement, the tenant shall endeavor to also
notify the property owner about the nature of the nuisance violation and the proposed voluntary
abatement.
5. Voluntary Abatement Agreement: It is a contract between the City and at least one (1)
person in control where such person agrees to abate the nuisance within a specified time and
according to specified conditions, in exchange, if successful, for not having a nuisance or criminal
action initiated. (Ord. 5752, 2-9-15)
6. The Voluntary Abatement Agreement should include the following:
a. The name and address of the person(s) in control;
b. The name or names of the person(s) who were responsible for the nuisance, if known;
c. The day(s) or duration of the nuisance;
d. The street address or other identification of the premises upon or within which the
nuisance has occurred or is occurring;
e. A description of the nuisance and a reference to the violated law, ordinance, rule or
regulation;
f. The abatement option(s) available, and a date and time by which correction must be
completed;
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 29
g. Signatures of one or more person(s) in control and the City, acting through the
appropriate Administrator or law enforcement officer;
h. An agreement by the person in control that grants consent for the City to enter and
inspect the premises without a warrant as may be necessary to determine complete
compliance with the Voluntary Abatement Agreement;
i. An agreement by the person in control that the City may abate the nuisance and
recover its costs and expenses (including, but not limited to, its attorney fees, expert
witness fees, filing fees and court costs) and/or a monetary penalty pursuant to this
Chapter from the person in control if the person in control fails to do so;
j. By entering into the Voluntary Abatement Agreement, the person in control waives the
right to contest the nuisance at a hearing before any court or hearing examiner under this
Chapter or otherwise, regarding the matter of the nuisance and/or the required corrective
action; and
k. The person(s) in charge that signs the Voluntary Abatement Agreement assumes
complete responsibility for entering into the agreement, and if any other person(s) in
charge or third-party makes a claim against the City for the abatement of the property,
the signing person(s) in charge agrees to hold harmless the City, its representatives,
agents, employees, and/or volunteers, and to indemnify any of the above if a claim is
successfully made against them.
7. In the context of rental housing or property the landlord and rental manager(s) of the rental
housing or property must show proof that they have attended an approved landlord training class
concerning rental property management, crime-free property, and tenant screening. The class
may be in person or online as long as it is approved by the King County Sheriff’s Office or the
Renton Police Department.
8. A person in charge of a premises or rental housing is encouraged to take steps to eliminate
or reduce the likelihood that the premises is used as a premises for illegal activity. Those steps
include but are not limited to:
a. Attending approved landlord training;
b. Pursuing eviction to judgment whether the eviction proceeding is successful or not;
c. Requesting Law Enforcement’s Assistance: The person(s) in charge must cooperate with
law enforcement and must make reasonable measures to implement the suggested
methods to reduce the recurrence of criminal conduct. Assistance may include, but is not
limited to:
i. Providing some information about the unlawful conduct on or in the premises
and/or rental housing;
ii. Permitting and/or assisting law enforcement officers to speak directly with the
tenant;
iii. Providing resources to assist in the eviction of the tenant.
9. Extension And Modification: An Administrator may grant an extension of the time limit for
abatement or a modification of the required corrective action if the person(s) in control has shown
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 30
due diligence and substantial progress in correcting the nuisance, but unforeseen circumstances
delayed abatement under the original conditions.
G. City Abatement (Involuntary Abatement):
1. After a conviction or finding of guilt for a violation of this Section of the code or any criminal
RCW or RMC code, the City of Renton may abate a nuisance condition or premises when:
a. The terms of Voluntary Abatement Agreement pursuant to subsection F of this Section
have not been met; or
b. One or more person(s) in control fails to or refuses to enter into a Voluntary
Abatement Agreement pursuant to subsection F.5 of this Section; or
c. It learns of or receives a judgment and sentence or equivalent proof or evidence that
the person(s) in charge have been convicted of a nuisance and the nuisance is related in
some form to the premises; or
d. The nuisance is subject to summary abatement as provided for in subsection G.3 of
this Section.
2. Standards For Repair, Vacation Or Demolition:
a. The following standards shall be followed when ordering the evacuation, repair, or
demolition of an unfit premises:
i. If an unfit premises can reasonably be repaired so that it will comply with the
terms of this Chapter, it must be repaired or demolished.
ii. If an unfit premises is in such condition as to make it dangerous to the health,
morals, safety or general welfare of its occupants, neighbors or the general public,
it must be vacated and repaired or demolished.
iii. If an unfit premises is fifty percent (50%) or more damaged, decayed, or
deteriorated in value, it shall be demolished.
iv. If an unfit premises cannot be repaired so that it will comply with terms of this
Chapter it shall be demolished.
v. If an unfit premises is a fire hazard, existing or erected in violation of the
terms of this Chapter, the RMC, or any the laws of the State of Washington, it shall
be demolished, provided the fire hazard is not abated by the owner within a
reasonable time (which shall be no more than sixty (60) days).
b. If the unfit premises is to be demolished, it must be immediately vacated and secured,
and after it is demolished the land shall be suitably filled and cleared.
c. Complaint: If a CCI or Administrator finds that a premises is unfit, he or she may
initiate an abatement action by:
i. Attempting to serve the person(s) in charge either personally or, if personal
service cannot be obtained, by first class and certified mail, with return receipt
requested; and
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 31
ii. Posting in a conspicuous place on such premises a complaint stating why it is
unfit for human habitation or other use, together with the abatement action to be
taken and the fees and costs to be paid; or
iii. If the whereabouts of such person(s) in charge are unknown and cannot be
ascertained in the exercise of reasonable diligence, the City shall:
(a) Make an affidavit to that effect; and
(b) Serve the complaint or order upon such person(s) in control either by
personal service or by mailing a copy of the notice and orders by certified
mail, postage prepaid, return receipt requested, to each person at the
address appearing on the last equalized tax assessment roll of the county
where the unfit premises is located, or at the address known to the county
assessor;
(c) A copy of the notice and order shall also be mailed, addressed to
each person in control, at the address of the unfit premises involved in the
proceedings, if different, and to each person or party having a recorded
right, title, estate, lien, or interest in the property; and
(d) A copy of the complaint shall be posted in a conspicuous place on the
property.
iv. The complaint shall contain:
(a) A notice that a hearing will be held before the director at a place
therein fixed;
(b) Not less than ten (10) days nor more than thirty (30) days after the
service of such complaint;
(c) That all parties in interest may file an answer to the complaint,
appear at, give testimony or call witnesses, at the time and place fixed in
the complaint; and
(d) A copy of such complaint shall also be filed with the Auditor of King
County, and such filing of the complaint or order shall have the force and
effect of a lis pendens.
3. Summary Abatement: The provisions of this Chapter shall not prevent the director or any
other officer of the City of Renton or other governmental unit from taking any other action,
summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or
safety of any person or property.
The City may summarily abate, without prior notice, any nuisance that constitutes an immediate
threat to the public health, safety or welfare or to the environment. No right of action shall lie
against the City, its agents, officers, employees, or volunteers for actions reasonably taken to
prevent or cure any such immediate threats.
4. Authorized City Action: Using any lawful means, the City may enter upon the subject premises
or property and may remove or correct the nuisance which is subject to abatement. The City may
seek judicial process required to abate such nuisance.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 32
5. Monetary Penalty: Any monetary penalty incurred to correct the nuisance shall be paid by
the person(s) in control to the City within ten (10) calendar days following actual service or
mailing by first class mail.
6. Lien – Authorized: The City shall have a lien for any monetary penalty, fee or expense
related to any aspect of the abatement of any nuisance or chronic nuisance premises as well as
the revocation of a business license. The lien shall be subordinate to all previously existing special
assessment liens imposed on the same premises or real property and shall be superior to all other
liens, except for state and county taxes, with which it shall be on parity.
a. A lien for any monetary penalty, including the cost of abatement proceedings under
this Chapter, shall be filed for record with the King County Recorder’s Office against the
premises or real property where the work of abatement was performed. A lien under this
Chapter shall be filed within ninety (90) days from the later of the date that the monetary
penalty is due or the date the work is completed or the nuisance abated.
b. The lien shall contain sufficient information regarding the criminal violation, a legal
description of the property to be charged with the lien and the owner of record, and the
total amount of the lien.
c. Any lien under this Chapter shall be verified by the applicable Administrator or law
enforcement officer, and may be amended from time to time to reflect changed conditions
or monetary amount.
d. No liens filed under this Chapter shall bind the affected property for a period longer
than ten (10) years, without foreclosure or extension agreed to by the property owner.
(Ord. 5705, 3-17-14)
7. Abatement By Civil Lawsuit: Whenever a nuisance exists, or voluntary correction of a
nuisance has failed, or when a nuisance has continued, or when summary abatement is not
merited, the City may proceed by a civil lawsuit in the King County Superior Court to enjoin and
abate the nuisance in the manner provided by Chapter 7.48 RCW, as now or hereafter may be
amended.
8. If the City obtains an order of abatement, an injunction or a similar remedy, the City shall be
entitled to recover all costs of abatement set forth in subsection G.6 of this Section, including but
not limited to any monetary penalty imposed.
9. If the person(s) responsible for the costs of abatement fail(s) to remit in a timely manner, the
City may file a lien against the real property for the cost of any abatement proceedings under
this Chapter, except no lien shall attach to the real property if the person in control was found not
responsible. A notice of the City’s lien specifying the expenses incurred in abating the nuisance
and giving the legal description of the premises sought to be charged shall be filed with the
County Auditor within ninety (90) days from the date of the abatement. Such lien may at any time
thereafter be collected in the manner provided for foreclosure of mechanic’s liens under the laws
of the State of Washington.
10. Appeal Of The Costs Of Abatement:
a. Any person sent an invoice for the costs due for the abatement of a nuisance may
request a hearing to determine if the costs should be assessed, or reduced.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 33
b. A request for a hearing shall be made in writing and filed with the City Clerk no later
than ten (10) calendar days from the date of the invoice.
c. Each request for hearing shall contain the address and telephone number of the
person requesting the hearing and the name and/or the name and address of any person
who will be present to represent him or her.
d. Each request for hearing shall set out the basis for the appeal.
e. Failure to request a hearing within ten (10) calendar days from the date of the
invoice shall be a waiver of the right to contest the validity of the costs incurred in
abatement of the violation.
f. If a hearing is requested, the Hearing Examiner will conduct the hearing no more than
eighteen (18) calendar days after the Hearing Examiner or Administrator issues the notice
of hearing, unless the Hearing Examiner or Administrator finds good cause to continue the
matter to another date.
g. If a hearing is requested, the Hearing Examiner or Administrator shall mail a notice
giving the time, location, and date of the hearing, by first class mail, to the person or
persons to whom the invoice for the costs of abatement was directed.
h. The Hearing Examiner shall conduct a hearing. The Administrator, as well as the
person to whom the invoice for abatement costs was directed, may participate as parties
in the hearing and each party may call witnesses. The City shall have the burden at the
hearing to establish, by a preponderance of the evidence (meaning “more likely than
not”), that the abatement costs were reasonable.
i. The Hearing Examiner shall issue an order and determine whether the costs of
abatement were reasonable and necessary. The Hearing Examiner may uphold the
amount billed for the costs of abatement, or reduce the amount billed, but the Hearing
Examiner may never reduce the costs of abatement below the amount that has been
verified, proven or reasonably established.
j. The order of the Hearing Examiner is the final administrative decision.
11. Any court of competent jurisdiction may retain authority over any abated property as is
appropriate and as provided by law. The City of Renton will not take ownership unless it is for
the purpose of abating and then liquidating any abated property for the purpose of recovering
abatement costs or any other monetary costs, penalties and/or assessments.
H. Conflicts: In the event of a conflict between this and any other provision of this code or City
ordinance providing for a civil penalty, the more specific provision shall control.
I. Severability: If any one (1) or more subsections or sentences of this Chapter are held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this
Chapter and the same shall remain in full force and effect.
J. Permit Required: Any work including construction, repairs or alterations under this Chapter to
rehabilitate any building or structure may require a permit in accord with the provisions of RMC Title 4.
K. Rules And Regulations: The director may make and promulgate such rules and regulations as will
effectuate the purposes of this Chapter and do substantial justice. (Ord. 5629, 10-3-11)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 34
RENTAL BUSINESS LICENSES
5-5-2 Definitions
H. CHRONIC NUISANCE PREMISES:5
1. Non-Residential Premises: As it relates to a building, structure or business used for commercial, retail,
or entertainment purposes, or the area within two hundred feet (200') of such premises, including
businesses regulated by the Liquor Control Board, and including public, private, commercial or industrial
parking lots within two hundred feet (200') of such premises, “chronic nuisance premises” means a
property on which any of the following exists or occurred:
a. Six (6) or more calls for service occur or exist during any sixty (60)-day period; or
b. Ten (10) or more calls for service occur or exist during any one hundred and eighty (180)-
day period; or
c. Fourteen (14) or more calls for service occur or exist during any twelve (12)-month period.
2. Residential Premises: Shall be defined consistent with RMC 1-3-3.B.5.
3. Any action against a chronic nuisance premises and/or its owner, managing agent or person in
control for a violation under this subsection H shall not preclude the use any other subsection of this section
or any other section of the RMC.
O. ENGAGING or ENGAGE IN BUSINESS:
1. The terms “engaging in business” or “engage in business” means commencing, conducting, or
continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a
business when the liquidators hold themselves out to the public as conducting such business.
2. Without being all-inclusive, any one of the following activities conducted within the City by a person,
or its employee, agent, representative, independent contractor, broker or another person acting on its
behalf constitutes engaging in business:
a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal
property, intangible personal property, or real property while permanently or temporarily
located in the City. See additional details for particular uses of office in 2.b and residential in
2.q.6
b. Owning, renting, leasing, using, or maintaining, an office, place of business, or other
establishment in the City.
c. Soliciting sales.
d. Making repairs or providing maintenance or service to real or tangible personal property,
including warranty work and property maintenance.
5 Consultant note: Bremerton and Tacoma apply this to residential and non-residential properties. May be a basis for revoking
the general business license along with the need to undergo inspection.
6 Consultant note: This seems to cover any type of rental including residential rentals, but since “b” addresses office
separately, seems wise to address residential – see “q”. Also gives us the ability to say what applies and what is exempt. Also
“using” residential property in “a” isn’t what we mean for residential.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 35
e. Providing technical assistance or service, including quality control, product inspections,
warranty work, or similar services on or in connection with tangible personal property sold by the
person or on its behalf.
f. Installing, constructing, or supervising installation or construction of, real or tangible personal
property.
g. Soliciting, negotiating, or approving franchise, license, or other similar agreements.
h. Collecting current or delinquent accounts.
i. Picking up and transporting tangible personal property, solid waste, construction debris, or
excavated materials.
j. Providing disinfecting and pest control services, employment and labor pool services, home
nursing care, janitorial services, appraising, landscape architectural services, security system
services, surveying, and real estate services including the listing of homes and managing real
property.
k. Rendering professional services such as those provided by accountants, architects, attorneys,
auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports
organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives,
laboratory operators, teachers, veterinarians.
l. Meeting with customers or potential customers, even when no sales or orders are solicited at
the meetings.
m. Training or recruiting agents, representatives, independent contractors, brokers or others,
domiciled or operating on a job in the City, acting on its behalf, or for customers or potential
customers.
n. Investigating, resolving, or otherwise assisting in resolving customer complaints.
o. In-store stocking or manipulating products or goods, sold to and owned by a customer,
regardless of where sale and delivery of the goods took place.
p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or
another person acting on its behalf.
q. Property owners who rent out residential units shall apply for and obtain a general business
license, except as listed in 5-5-3.A.3.
5-5-3 General Business License:
A. General Business License Required:
1. No person shall engage in Business unless such Business is authorized by a valid City of Renton
general business license. The general business license shall not be transferable. A separate business
license is required for each Business Enterprise.
2. If a person engages in no other activities in or with the City but the following, it need not register
and obtain a business license:
a. Meeting with suppliers of goods and services as a customer.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 36
b. Meeting with government representatives in their official capacity, other than those
performing contracting or purchasing functions.
c. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other
meetings wherein the person does not provide training in connection with tangible personal
property sold by the person or on its behalf. This provision does not apply to any board of
director member or attendee engaging in business such as a member of a board of directors who
attends a board meeting.
d. Renting tangible or intangible property as a customer when the property is not used in the
City.
e. Attending, but not participating in a “trade show” or “multiple vendor events”. Persons
participating at a trade show shall review RMC Chapter 5-22, Special Event Permits.
f. Conducting advertising through the mail.
g. Soliciting sales by phone from a location outside the City.
h. Contracting with a common carrier to deliver goods into the City.
i. Acting within the scope of employment as an employee of a duly licensed City business.
3. The requirement for a general business license shall apply to all property owners of residential rentals
with the following exceptions:
a. Living units not rented to others;
b. Single room rental within a residence that is also occupied by the property owner;
c. Residences occupied by family members of the property owner. An affidavit regarding
familial relationship may be required by the City;
d. Accommodations for transient guests for which Lodging Tax is applicable (hotels, motels,
inns, short-term rentals, etc.);
e. Housing units in hospitals, hospice and community-care facilities, retirement or nursing
homes, and extended care facilities, i.e. living units subject to regulation by state licensing
requirements;
f. Rental units that a government agency or authority owns, operates, or manages, or that
are specifically exempted from municipal regulation by state or federal law or
administrative regulation. Such exemption applies until such ownership is discontinued; and
g. Emergency or temporary shelters and transitional housing.
B. Issuance of License:
1. All general business licenses shall be issued by the Administrative Services Administrator. The
Administrative Services Administrator shall keep a register of all the business licenses issued by the City
of Renton. Each license shall be numbered, and shall show the name, place and type of business and any
other information as the Administrator shall deem necessary. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12;
Ord. 5704, 2-24-14)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 37
2. The license holder is required to ensure that at all times the license be posted in the place of business
for which it is issued, or in the case of a business enterprise with a temporary or portable sales location,
be carried on the person of the holder thereof at all times during business hours or while such business is
being carried on, and shall be displayed at the request of any interested person or City official or
representative. (Ord. 5704, 2-24-14)
3. When the place of business of a business enterprise is changed, the business enterprise shall return
the license to the Administrative Services Administrator and a new license shall be issued for the new
place of business free of charge. No business enterprise holding a license shall allow any other business
enterprise, for whom a separate license is required, to operate under or to display its license. (Ord.
3773, 12-19-83, eff. 1-1-84; Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
C. License Fee: The general business license fee shall consist of a fixed registration fee. (Ord. 5866,
12-4-17)
1. License Registration Fee:
The Business License Registration fee of one hundred fifty dollars ($150.00) shall be due and payable
when filing a completed registration form as prescribed by the Administrator. The Registration Fee may
be adjusted from time to time, as published in the city’s current Fee Schedule brochure. If a business’s first
date of engaging in business in the City is after July 1, a prorated half year license registration fee will
be due in the amount of seventy-five dollars ($75). (Ord. 5821, 11-21-16; Ord. 5866, 12-4-17)
2. Due Dates: Annual business registration fees are due by the last day of January. (Ord. 5402, 7-21-
08; Ord. 5704, 2-24-14; Ord. 5866, 12-4-17)
3. Expiration: Unless otherwise established by the Administrator, business licenses expire on January 31
of the year after issuance and must be renewed by the due date as described in subsection C.2 above.
(Ord. 5402, 7-21-08; Ord. 5547, 8-9-10; Ord. 5654, 2-13-12; Ord. 5704, 2-24-14; Ord. 5866, 12-
4-17)
4. Any payment not made within one (1) month following the due date shall be cause for the automatic
revocation of the business license. (Ord. 4105, 12-21-87; Ord. 4335, 12-16-91; Ord. 5402, 7-21-08;
Ord. 5704, 2-24-14; Ord. 5866, 12-4-17)
5. The Administrator shall have the authority to inspect business premises, and review or audit business
records with reasonable prior notice. (Ord. 5704, 2-24-14; Ord. 5866, 12-4-17)
6. Non-Profit Exemption: A person that can demonstrate through means satisfactory to the Administrator
that it is exempt from federal income taxation pursuant to 26 U.S. Code Subsections 501(c) or (d), as
those subsections may be amended or recodified, shall register for a business license annually but shall
be exempt from paying the registration fee. (Ord. 5735, 11-3-14; Ord. 5866, 12-4-17)
D. Renewal Notice: The City may, but is not required, to mail to business enterprises license
applications or renewal forms, but failure of the business enterprise to receive any such form shall not
excuse the business enterprise from making application for and securing the license required and paying
the license fee when and as due. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12; Ord. 5704, 2-24-14)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 38
E. Time Within Which to Claim Overpayment of License Fee: Whenever a business enterprise makes
an overpayment, and, within four (4) years after date of such overpayment, makes application for a
refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund or
be applied as a credit to annual renewal fees as approved by the Administrative Services Administrator.
(Ord. 5547, 8-9-10; Ord. 5654, 2-13-12; Ord. 5866, 12-4-17)
F. Revocation (General or Emergency):
1. A business license may be revoked if the residential, commercial, entertainment or retail business,
or the owner(s), person(s) in control, or the managing agent(s) of the business, permit, suffer,
maintain, carry on or allow upon or within two hundred feet (200') such business activities that
meet or exceed the criteria identified in RMC 5-5-2.H (CHRONIC NUISANCE PREMISES). If the
person in control is not the legal owner, the person in control and owner are both jointly liable for
any chronic nuisance premises. Both the owner and person in control are subject to the provisions
and remedies in this Chapter and RMC 1-3-3. Application of either of these chapters against one
party does not preclude application to another party who is an owner or person in control of a
chronic nuisance premises.
In the event that a business meets the criteria of a chronic nuisance premises, the owner of the
business or property may have a hearing under subsection I.3 of this section.
2. A business license may be immediately revoked and the business closed if the residential,
commercial, entertainment or retail business, or the person(s) in control, or the managing agent(s)
of the business permit, suffer, maintain, carry on or allow upon or within two hundred feet (200')
of such business activities which amount to an emergency that an Administrator or law enforcement
reasonably believes requires immediate action to prevent or eliminate an immediate threat to
public health, morals, safety, or welfare of persons or property in the City of Renton.
In the event that a business license is revoked due to an emergency, the owner(s) may have a
single hearing under subsection I.3 of this section at the earliest possible time after the license
revocation and closure of the business. (Ord. 5704, 2-24-14)
G. Penalties:
1. The penalty to reinstate any license revoked through nonpayment shall not be less than fifty dollars
($50.00) plus payment of all license fee amounts still owing and monetary penalty prescribed in
subsection G.3 of this section. A license is reinstated when any license holder seeks a license to continue
the same business or a substantially similar business at some location within the City. There shall be a
presumption that the business is substantially the same if the owner or ownership is the same or
substantially the same.
2. The penalty for failure to obtain a business license shall not be less than two hundred and fifty
dollars ($250.00) or as prescribed in the City’s Fee Schedule, plus payment of all license fee amounts
that should have been paid for the last four (4) years, as determined by the Administrator, plus a penalty
of twenty percent (20%) per annum for all amounts owing, plus any accounting, legal or administrative
expenses incurred by the City in determining the unreported, or the unpaid portion over the last four (4)
years or in collecting the tax and/or the penalty. (Ord. 5866, 12-4-17)
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 39
3. Monetary Penalty: Failure to pay the license fee when due and payable pursuant to subsection C.7
of this section shall render the business enterprise subject to a penalty of five percent (5%) of the amount
of the license fee for the first month of the delinquency and an additional penalty of five percent (5%)
for each succeeding month of delinquency, but not exceeding a total penalty of twenty-five percent
(25%) of the amount of such license fee. (Ord. 5402, 7-21-08)
4. Collection: Any license fee or tax due and unpaid and delinquent under this Chapter, and all
penalties thereon may be collected by civil action, which remedy shall be in addition to any and all other
existing remedies and penalties.
5. Denial, Suspension or Revocation of License:
a. The Administrative Services Administrator may deny, suspend any license application and/or
revoke any license issued pursuant to this Chapter to any business enterprise or other license holder
who:
i. Is in default in any payment to the City, except for current taxes and other obligations not
past due;
ii. Has obtained a license or permit by fraud, misrepresentation, or concealment;
iii. Is or has been convicted of, forfeits bond upon, or pleads guilty to any felony offense
directly related to the operation of the applicant’s or license holder’s business;
iv. Makes false statements, misrepresentations or fails to disclose material facts to the City
related to any permits or applications;
v. Violates or allows employees, visitors, or patrons to violate federal, state, or municipal
law; or violates any land use, building, safety, fire or health regulation on the premises in which
the business is located.
vi. Fails to obtain or maintain a valid state business license or special endorsement for a
specific activity. (Ord. 5767, 9-21-2015)
b. Based on a chronic nuisance premises finding by the Administrator or by a court of competent
jurisdiction, the business license revocation period shall be as follows:
i. Ten (10) calendar days for a finding of a chronic nuisance premises as defined in RMC 5-
5-2.H.1.a.
ii. Thirty (30) calendar days for a finding of a chronic nuisance premises as defined in
RMC 5-5-2.H.1.b.
iii Ninety (90) calendar days for a finding of a chronic nuisance premises as defined in
RMC 5-5-2.H.1.c.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 40
iv. Any offense that amounts to more than a nuisance, including but not limited to class A or B
felonies, may result in revocation that is not limited to subsection G.5.b.i, ii or iii of this section,
and other penalties and/or punishments consistent with the RMC and/or the RCW.
v. As the objective of this subsection is to encourage compliance, if the business enterprise
and/or the person or persons who are responsible or in control of the business enterprise abate
the condition(s) that created, caused, permitted, allowed, or necessitated the calls for service to
the satisfaction of the Administrative Services Administrator in consultation with the City of
Renton Police Chief, the remaining period of revocation shall be waived and the license, subject
to the payment of all applicable fees, penalties, and costs, shall be reissued.
vi. If any business enterprise or person or persons who are responsible or in control of the
business enterprise create, cause, permit or allow incidents that amount to two (2) or more
chronic nuisance premises findings as defined by RMC 5-5-2.H.1.c, Renton may suspend that
license for one (1) year, without the opportunity to abate, and Renton may consider the
circumstances and findings in any future application request by any person associated with the
offending business enterprise or the person or persons who were responsible or in control of the
offending business enterprise.
c. Notice of such denial, suspension, or revocation shall be mailed to the license holder by the
Administrative Services Administrator, and on and after that date any such business enterprise that
continues to engage in business shall be deemed to be operating without a license and shall be
subject to any and all cures and penalties available to the City, including but not limited to those
remedies, cures and penalties provided in this Title or the RCW. (Ord. 3773, 12-19-83, eff. 1-1-84;
Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
6. Operating a Business Without a License: It shall be illegal for any business enterprise and/or license
holder to fail to obtain or maintain a business license and yet conduct business within City limits. Each
business, its owner or agent who fails to obtain or maintain a business license, in addition to the
fines/penalties contained in subsection G.2 of this section as it exists or may be amended, shall be guilty
of a misdemeanor, and subject to the penalties of RMC 1-3-1, as it exists or may be amended. (Ord.
5831, 1-23-17)
7. Order to Close Business and Appeal: Any Renton police officer, code compliance officer, or the
Administrator may serve a notice ordering a business to close and discontinue operation of any business
in the City which operates without a valid business license, or violates any provision in subsection G.5 of
this section. That notice may be served in person or by certified mail, return receipt requested. The notice
shall indicate the reason(s) that the business is ordered to close until all violations are cured and it obtains
a currently valid business license. The notice shall also state that the business owner or operator shall have
the right to appeal the notice to the Administrative Services Administrator by serving a written notice of
appeal on the Administrative Services Administrator within ten (10) calendar days of receipt of a served
notice of closure, or within thirteen (13) calendar days of mailing of a mailed notice of closure. The
written notice of appeal shall provide information that proves the Administrator’s basis for such closure
was incorrect. The Administrative Services Administrator shall then determine whether or not the business is
exempt from the City’s licensing requirement, or has a currently valid business license, or if all violations
have been cured. If the Administrator finds that the business has not corrected the violations, the
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 41
Administrator shall enter an order affirming the order to close the business. Any appeal decision shall be
reduced to writing and a copy provided to the appellant either in person or by mail. Any further appeal
of the appeal decision shall be served on the City’s Hearing Examiner within twenty (20) calendar days
of the appeal decision. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
8. Prior to issuing or reissuing a license all back fees and penalties shall be paid. (Ord. 4333, 11-25-
91; Ord. 4351, 5-4-92; amd. Ord. 4723, 5-11-98; Ord. 5704, 2-24-14)
H. General Business License Application; Public Record:
1. General business license applications made to the Administrative Services Administrator pursuant to
this Chapter shall be public information subject to inspection by all persons except to the extent those
records may be deemed to be private or would result in unfair competitive disadvantage to the business
enterprise if disclosed as more particularly defined in Chapter 42.56 RCW (Public Disclosure Act), as it
exists or may be amended. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
2. It shall be unlawful and a gross misdemeanor under RCW 9A.72.040 (False swearing), as it exists or
may be amended, punishable under RMC 1-3-1 for any business enterprise including but not limited to
the owners, shareholders, partners, or principals, whether for themselves, for others or by others to sign a
business license application, which is required to maintain a general business license, to make any false or
fraudulent application or false statement or representation in, or in connection with, any such application.
(Ord. 5704, 2-24-14)
I. Rules And Rulings:
1. The Administrative Services Administrator shall have the authority and duty to adopt, publish and
enforce rules and regulations not inconsistent with this Chapter or with the law for the purpose of carrying
out the provisions of this Chapter, and it shall be unlawful for any business enterprise to violate or fail to
comply with any such rules or regulations. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
2. Any business enterprise aggrieved by the amount of the fee or tax found by the Administrative
Services Administrator to be required under the provisions of this Chapter may appeal to the City Council
from such finding by filing a written notice of appeal with the Administrative Services Administrator within
five (5) days from the time such business enterprise was given notice of such amount and paying an
appeal fee of seventy-five dollars ($75.00). The City Council shall, as soon as practicable, fix a time and
place for the hearing of such appeal. The Council shall cause a notice of the time and place thereof to be
mailed to the appellant. At the hearing the business enterprise shall be entitled to be heard and to
introduce evidence in its own behalf. The City Council shall ascertain the correct amount of the fee or tax.
The Administrative Services Administrator shall immediately notify the appellant by mail, which amount
must be paid within three (3) days after the notice is given. The Mayor, the President of the Council, or
the chairman of any committee before which the appeal is to be heard may, by subpoena, require the
attendance of any person and may also require that person to produce any pertinent books and records.
Any person served with such subpoena shall appear at the time and place stated and produce the books
and records required, if any, and shall testify truthfully under oath administered by the chairman in
charge of the hearing on appeal as to any matter pertinent to the appeal, and it shall be unlawful and a
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 42
misdemeanor punishable under RMC 1-3-1, as it exists or may be amended, for the person to fail or
refuse so to do. (Ord. 5547, 8-9-10; Ord. 5654, 2-13-12)
3. Revocation Hearing: To satisfy due process, before a revocation of a business license and/or a
closure of that business which appears to constitute a chronic nuisance premises, as defined in this
Chapter, the business owner may have a revocation hearing. The Administrator shall cause a notice of the
time and place thereof to be mailed to the appellant. At the hearing the business enterprise shall be
entitled to be heard and to introduce evidence on its own behalf. The Administrator shall determine
whether any of the chronic nuisance premises criteria have been proven by a preponderance of the
evidence. The Administrator may render an immediate ruling that shall be reduced to writing within three
(3) business days, or the Administrator may render a written ruling within five (5) business days. If the
owner wishes to appeal, the owner may appeal to the Hearing Examiner pursuant to RMC 4-8-110.C
and E, as they exist or may be amended.
In the event of an emergency revocation and/or closure of the business the same process applies, but
simply after, the emergency closure. (Ord. 5704, 2-24-14)
J. Exemptions: The provisions of this Chapter shall not apply to:
1. Any business enterprise, firm or corporation which the City is forbidden to tax by law;
2. Translators, expert witnesses, and court reporters who have a business license in another jurisdiction
and who have a business located outside the City when their services are used in an ongoing judicial
proceeding; or
3. Attorneys who have a business license in another jurisdiction and who have a business located outside
the City:
a. When they are representing a client who is doing business with or seeking a permit from the
City;
b. When their services are used by a defendant in Renton Municipal Court or by a party in an
administrative hearing;
c. When their services are used as a judge pro-tempore in Renton Municipal Court; or
d. When their services involve representation of a client and their presence in the City is limited to
participation in a meeting, negotiation, arbitration, deposition or witness interview that is related to
an ongoing or anticipated legal matter. (Ord. 5021, 10-20-03; Ord. 5166, 11-21-05; Ord. 5704,
2-24-14)
5-5-4 Special Endorsement and Special Occupation Licenses Required:
(Rep. by Ord. 4638, 10-14-96)
5-5-5 Requirements for Business License Applications within an Aquifer Protection Area:
All applications for business licenses within a designated Aquifer Protection Area (Zones 1 and 2) shall
include a hazardous materials inventory statement as defined in RMC 4-11-080, Definitions H, if
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 43
hazardous materials, also defined in RMC 4-11-080, Definitions H, will be stored, handled, treated, used,
or produced on site. The Water Utility shall review the hazardous materials inventory statement prior to
issuance of the business license. An aquifer protection area operating permit shall be obtained by the
applicant prior to issuance of the business license if more than the de minimus amount of hazardous
materials as defined in RMC 4-3-050.C.6.a(ii)(1), Activities Exempt From Specified Aquifer Protection
Area Requirements, will be present on site. A business that is required to obtain an operating permit and
operates without one shall be in violation of RMC 4-3-050.C.1 and 2, Applicability and Permit Required.
(Ord. 4367, 9-14-92; amd. Ord. 4740, 9-14-98; Ord. 4851, 8-7-00)
5-5-6 Confidentiality of Information:
The current provisions of RCW 82.32.330 (Disclosure of return or tax information), as it exists or may be
amended, are adopted by reference. (Ord. 4378, 11-16-92; Ord. 5704, 2-24-14)
BUSINESS AND OCCUPATION TAX CODE
5-25-10 EXEMPTIONS:
T. Amounts Derived from Sale of Real Estate: This chapter shall not apply to gross proceeds derived from the
sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as
commissions from the sale of real estate, nor as fees, handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transactions.
PROPERTY MAINTENANCE CODE
4-5-130 PROPERTY MAINTENANCE STANDARDS:
A. INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED:
The 2015 Edition of the International Property Maintenance Code is adopted as amended, added to, or
excepted in this title, and shall be applicable within the City, except Chapter 1, Scope and
Administration, and Sections 303, 307, 308, and 507, which are not adopted. The Construction
Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IPMC Chapter 1, Scope and
Administration. (Ord. 5710, 4-14-2014; Ord. 5810, 7-11-2016)
B. AMENDMENTS TO INTERNATIONAL PROPERTY MAINTENANCE CODE:
The following amendments to the Code are hereby adopted:
1. Section 301.2 is amended to read as follows:
Responsibilities: The owner of the premises shall maintain the interior and exterior of structures
and surrounding property in compliance with these requirements, except as otherwise provided for
in this code. A person shall not occupy as owner-occupant or permit another person to rent or
otherwise occupy premises which are not in a sanitary and safe condition and which do not comply
with the requirements of this section. The occupant shall properly use and operate the dwelling unit
and owner-supplied fixtures and facilities controlled by the occupant in order to maintain a safe
and healthy environment within the dwelling unit, and report unsafe or unhealthy conditions,
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 44
including malfunctioning appliances, leaks, and other problems requiring repair, to the owner in a
timely manner.
301.2.1The owner shall ensure the collection of trash and recyclables and provide and maintain
trash containers, bulk storage containers, recycling containers, and areas where the containers are
stored.
301.2.2 The owner shall maintain the building and premises to keep pests from entering the
building and dwelling units, inspect and monitor for pests, and eliminate pest infestation in
accordance with integrated pest management methods.
301.2.3 The owner shall provide occupants with at least 48 hours written notice of the planned
use of a chemical agent such as a pesticide or herbicide, the date and location of application,
and a copy of the warning label.
301.2.4 The owner shall investigate occupant reports of unsafe or unhealthy conditions, respond in
writing, and make needed repairs in a timely manner.
301.2.5 The occupant shall place trash and recyclables in the appropriate containers.
301.2.6 The occupant shall work with the owner to ensure pest-free conditions in accordance with
integrated pest management.
301.2.7 If the occupant's action leads to pooling of water or another excessive moisture problem
inside the dwelling unit, including mold and mildew caused by conditions under the control of the
occupant, the occupant shall clean up and dry out the area in a timely manner.
2. Subsection 301.3, Vacant buildings and land, is deleted in its entirety and replaced by the following:
301.3 Vacant buildings: All vacant buildings and premises thereof must comply with this Code.
Vacant buildings shall be maintained in a clean, safe, secure and sanitary condition provided herein
so as not to cause blight, negatively impact the surrounding neighborhood, or otherwise adversely
affect the public health, safety or quality of life.
301.3.1 Appearance: All vacant buildings must appear to be occupied, or appear able to be
occupied with little or no repairs.
301.3.2 Security: All vacant buildings must be secured against outside entry at all times. Security
shall be by the normal building amenities such as windows and doors having adequate strength to
resist intrusion. All doors and windows must remain locked. There shall be at least one operable
door into every building and into each housing unit. Exterior walls and roofs must remain intact
without holes.
301.3.2.1 Architectural structural panels: Architectural structural panels may be used to secure
windows, doors and other openings provided they are cut to fit the opening and match the
characteristics of the building. Architectural panels may be of exterior grade finished plywood or
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 45
Medium Density Overlaid plywood (MDO) that is painted to match the building exterior or covered
with a reflective material such as Plexi-glass.
Exception: Untreated plywood or similar structural panels may be used to secure windows, doors
and other openings for a maximum period of thirty (30) days.
301.3.2.2 Security fences: Temporary construction fencing may be used for a maximum period of
thirty (30) days as a method to secure a building from entry.
301.3.3 Weather protection: The exterior roofing and siding shall be maintained as required in
International Property Maintenance Code Section 304.
301.3.4 Fire Safety:
301.3.4.1 Fire protection systems: All fire suppression and alarms systems, including carbon
monoxide detectors, shall be maintained in a working condition and inspected as required by the
Fire District. (Ord. 5806, 6-20-2016)
301.3.4.2 Flammable liquids: No vacant building or premises or portion thereof shall be used for
the storage of flammable liquids or other materials that constitute a safety or fire hazard.
301.3.4.3 Combustible materials: All debris, combustible materials, litter and garbage shall be
removed from vacant buildings, their accessory buildings and adjoining yard areas. The building
and premises shall be maintained free from such items.
301.3.4.3 Fire inspections: Periodic Fire Department inspections may be required at intervals set
forth by the Fire Chief. (Ord. 5806, 6-20-2016)
301.3.5 Plumbing fixtures: Plumbing fixtures connected to an approved water system, an
approved sewage system, or an approved natural gas utility system shall be installed in
accordance with applicable codes and be maintained in sound condition and good repair or
removed and the service terminated in the manner prescribed by applicable codes.
301.3.5.1 Freeze protection: The building’s water systems shall be protected from freezing.
301.3.6 Electrical: Electrical service lines, wiring, outlets or fixtures not installed or maintained in
accordance with applicable codes shall be repaired, removed or the electrical services terminated
to the building in accordance with applicable codes.
301.3.7 Heating: Heating facilities or heating equipment in vacant buildings shall be removed,
rendered inoperable, or maintained in accordance with applicable codes.
301.3.8 Interior floors: If a hole in a floor presents a hazard, the hole shall be covered and
secured with three-quarter inch (3/4") plywood, or a material of equivalent strength, cut to overlap
the hole on all sides by at least six inches (6").
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 46
301.3.9 Termination of utilities: 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 service to a
vacant building be terminated or disconnected.
301.3.9.1 Restoration of service: If water, electricity or gas service has been terminated or
disconnected pursuant to section 301.3.9, no one except the utility may take any action to restore
the service, including an owner or other private party requesting restoration of service until written
notification is given by the code official that service may be restored.
301.3.10 Notice to person responsible: The code official may inspect the building and premises
whenever the code official has reason to believe that a building is vacant, subject to a duly issued
court warrant, if there is a present danger, or under the terms of the City’s community caretaking
function. If the code official determines that a vacant building violates any provision of this section,
the code official shall notify in writing the owner of the building or real property upon which the
building is located, or other person responsible, of the violations and required corrections and shall
be given a time frame to comply.
301.3.10.1 Alternate requirements: The requirements and time frames of this section may be
modified under an approved Plan of Action. Within thirty (30) days of notification that a building
or real property upon which the building is located is in violation of this section, an owner may
submit a written Plan of Action for the code official to review and approve if found acceptable. A
Plan of Action may allow:
1) Extended use of non-architectural panels.
2) Extended use of temporary security fencing.
3) Extended time before the demolition of a building is required.
4) 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 the magnitude of the violation and the impact to the neighborhood.
301.3.11 Enforcement: Violations of this section shall be enforced according to the provisions and
procedures of RMC 1-3-2and subject to the monetary penalties contained therein.
301.3.11.1 Abatement: A building or structure accessory thereto that remains vacant and open to
entry after the required compliance date is found and declared to be a public nuisance. The code
official is hereby authorized to summarily abate the violation by closing the building to
unauthorized entry. The costs of abatement shall be a lien against the real property and may be
collected from the owner in the manner provided by law.
301.3.11.2 Unsafe buildings and equipment: Any vacant building or equipment therein declared
unsafe is subject to the provisions of RMC 4-5-060 and the demolition provisions of RMC 4-5-060.
(Ord. 5676, 12-3-2012)
3. Section 302.4 is amended to read as follows:
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 47
302.4 Weeds: All premises and exterior property shall be maintained free from weeds or plant
growth in excess of twelve inches in height on development property or twenty-four inches (24") in
height on vacant land. All noxious weeds shall be prohibited. "Noxious weeds" shall be defined as
those plants included on a list of noxious plants as adopted by the county, state, or federal
government.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after
service of a notice of violation, they shall be subject to the provisions of RMC 1-3-2, Civil
Enforcement of Code.
4. Section 304 Exterior Structure is amended as follows:
304.20 Solid Waste: Every dwelling unit shall have adequate facilities for temporary storage of
trash and recyclable materials.
5. Section 305 Interior Structure is amended as follows:
305.1General: The interior of a structure and equipment therein shall be maintained in good
repair, structurally sound and in a sanitary condition. Every owner of a structure containing
residential rental units shall maintain, in a clean and sanitary condition, the shared public areas of
the structure and exterior property. Occupants shall keep that part of the structure that they
occupy or control in a clean and sanitary condition.
305.1.2 Every plumbing fixture, pipe, chimney, flue, and every other piece of equipment or utility
shall be installed and maintained in conformance with applicable statutes, ordinances, and
regulations.
305.7 Kitchen: Every dwelling unit shall have a kitchen equipped with the following:
305.7.1Kitchen sink in good working condition, properly connected to heated and
unheated water supplies and waste pipes. Any provided components of the sink shall be in
good working condition and properly connected.
305.7.2 A range for cooking food. The range shall be properly installed with all
necessary connections for safe and efficient operation and shall be maintained in good
working condition.
305.7.3 A refrigerator with a freezer. The refrigerator shall be in good working
condition, of sufficient size to store occupants' food that requires refrigeration, and
capable of maintaining a temperature less than 41degrees F, but more than 32 degrees
F. The freezer section shall be capable of maintaining a temperature below 0 degrees F.
305.7.4 A kitchen floor in good condition with a sealed, water-resistant, nonabsorbent.
and cleanable surface.
305.8 Bathroom: Every dwelling unit shall have a private bathroom equipped with the following:
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 48
305.8.1A toilet in good working condition that is sealed to the waste pipe and affixed to
the floor and properly connected to both the dwelling's water supply and a waste pipe
leading to an approved sewage system or private waste disposal system.
305.8.2 A sink in good working condition, with a stable connection to the wall or secure
attachment to the floor that is properly connected to the heated and unheated potable
water supply and a sealed trap leading to a waste pipe.
305.8.3 A bathtub or shower in good working condition that is properly connected to the
heated and unheated potable water supply and a waste pipe.
305.8.4 Cleanable nonabsorbent water-resistant material on floor surfaces.
305.9 Safety and Personal Security: The following are required for safety and personal security:
305.9.1Every dwelling unit shall have at least two means of egress, without having to pass
through another dwelling unit.
305.9.2 Windows and doors shall have locks on the interior side.
305.9.3 Alarms and Detectors:
305.9.3.1Smoke alarm shall be mounted on the ceiling outside each sleeping area
and on each level of the building with the exception of crawl spaces and
uninhabitable attics.
305.9.3.2 A carbon monoxide alarm shall be provided outside each sleeping area
and on every floor.
305.9.3.3 Battery-operated alarms and the battery backup for hardwired smoke
alarms shall be powered with long-lasting batteries.
305.9.3.4 All alarm systems shall be functioning.
305.9.3.5 Alternative visual notification system shall be provided for hearing
impaired occupants.
305.9.4 Each dwelling unit shall have at least one 10-pound, Class ABC-rated fire
extinguisher in good working condition, readily accessible, in or near the kitchen.
305.10 Electrical System: Every dwelling unit shall have electric service, outlets, and
fixtures that are grounded and installed properly, maintained in good and safe working
condition, and connected to a source of electric power. Temporary wiring or extension
cords shall not be used as permanent wiring.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 49
305.11Heating System: Every dwelling unit shall have a properly installed heating system
in good and safe working condition that is capable of safely and adequately heating all
habitable rooms.
305.12 Ventilation: Natural or mechanical ventilation, or a combination of the two, shall
deliver fresh air to every habitable room and bathroom and be capable of removing
moisture-laden air and other contaminants generated during cooking, bathing, and
showering.
305.13 Air Sealing: Openings into dwellings and dwelling units shall be sealed to limit
uncontrolled air movement.
305.14 Interior Moisture Prevention and Control: Surfaces and surface coverings, such as
but not limited to carpet, wood, cellulose insulation, and paper, paint, and other wall
coverings. including paper-faced gypsum board, shall have no signs of visible mold
growth or chronic or persistent excessive dampness or moisture.
6. Section 308 is deleted in its entirety and replaced with a new Section 308 Residential Outdoor
Storage, which shall read as follows:
308 Residential Outdoor Storage:
308.1 Purpose: The purpose of this section is to define and regulate the outdoor storage of
materials on residential property while maintaining the character and use intended for single family
residential neighborhoods. For purposes of this section, residentially zoned property is any property
zoned RC, R1, R4, R6, or R8.
308.2 Allowed residential outdoor storage: For RC and R1 zoned properties, a maximum of 400
square feet of area may be used for outdoor storage. For R4, R6, and R8 zoned properties, a
maximum of two hundred (200) square feet of area may be used for outdoor storage.
308.3 Prohibited areas for outdoor storage: Outdoor storage is prohibited on residentially zoned
property in the following areas:
Front yards
Side yards
Slopes greater than 15%
Designated open spaces or restricted areas
Critical areas, including wetland, streams and associated buffer areas
308.4 Emergency access: Outdoor storage areas shall not prevent emergency access to the
residential structure or any other building.
AGENDA ITEM #5. a)
September 2018 City of Renton| Safe and Healthy Housing Code Amendments 50
308.5 Business related storage: Materials stored outdoors on residentially zoned properties shall
not be owned by or used in any business or industry including a home occupation business.
308.6 Height limitations: Materials stored outdoors on residentially zoned properties shall be
neatly stacked and not exceed a height of six feet (6'). Tarps may not be utilized for screening
outdoor storage.
308.7 Firewood: Firewood must be split, neatly stacked, and intended for use on the premises on
which it is stored. Tarps may be used to protect firewood.
308.8 Membrane structures: Membrane structures are considered outdoor storage, and subject to
the location restrictions in section 308.3. Such structures shall not exceed two hundred (200) square
feet in area. Membrane structures shall be immediately removed or repaired in the event of
disrepair or in the event of damage caused by weather, fire, collision, accident or other forms of
damage. Tarps and makeshift covers are prohibited for this use.
308.9 Prohibited materials: Shipping containers and other similar storage units do not qualify as
accessory buildings on residentially zoned properties, and are prohibited. Hazardous materials are
also prohibited for outdoor storage on residentially zoned properties. (Ord. 5710, 4-14-2014)
C. COPY ON FILE:
At least one (1) copy of the adopted edition of the International Property Maintenance Code shall be on
file in the office of the City Clerk. (Ord. 5549, 8-9-2010)
AGENDA ITEM #5. a)