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Home My WebLink AboutAgenda AGENDA Public Safety Committee Regular Meeting 6:30 PM - Monday, January 9, 2017 Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way 1. Code Enforcement Regulations & Penalties Ordinance - Briefing a) AB - 1814 City Attorney recommends adopting an Ordinance clarifying Code Enforcement regulations and the penalty structure, and making penalties consistent with the intent of RMC 1-3. 2. Emerging Issues in Public Safety AB - 1814 City Council Regular Meeting - 09 Jan 2017 SUBJECT/TITLE: Ordinance Clarifying Code Enforcement Regulations and the Penalty Structure, and Making Penalties Consistent With the Intent of RMC 1- 3 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Attorney STAFF CONTACT: Alex Tuttle, Assistant City Attorney EXT.: x6492 FISCAL IMPACT SUMMARY: Enactment of this ordinance will not likely have any measurable financial impact. Fines for code violations are often sent to collections under the current procedure. The budget for nuisance abatement is often replenished if an enforcement action has been successful and resulted in a lien on the offending property. SUMMARY OF ACTION: This ordinance proposes to clarify, organize, and improve the code enforcement process outlined in RMC 1-3-2. The chapter has been reorganized with headers at the beginning of each subsection, the subsections have been reorganized by subject matter for improved readability, and redundant and/or ambiguous language has been removed. Under current code, in order to charge non-compliant code violators criminally, multiple warnings and three prior civil infractions are required as predicate offenses. This ordinance proposes to give code enforcement more discretion by making warnings optional and prior infractions unnecessary to commence criminal prosecution. The ordinance will also remove ambiguous language to clarify certain penalties and add language for civil infractions to more easily enforce low- level offenses. EXHIBITS: A. Ordinance STAFF RECOMMENDATION: Adopt the Ordinance Clarifying Code Enforcement Regulations and the Penalty Structure, and Making Penalties Consistent With the Intent of RMC 1-3. AGENDA ITEM #1. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 1‐3‐1, 1‐3‐2 AND 1‐6‐9 OF TITLE I (ADMINISTRATIVE); 2‐9‐8 OF TITLE II (COMMISSIONS AND BOARDS); 4‐4‐150 AND 4‐5‐150 OF TITLE IV (DEVELOPMENT REGULATIONS), 5‐5‐3, 5‐4‐1, 5‐9‐8, 5‐10‐6, 5‐18‐6, 5‐22‐13 AND 5‐26‐26 OF TITLE V (FINANCE AND BUSINESS REGULATIONS), 6‐1‐3 AND 6‐6‐12 OF TITLE VI (POLICE REGULATIONS), 8‐1‐4 AND 8‐5‐20 OF TITLE VIII (HEALTH AND SANITATION) AND 10‐2‐5 OF TITLE X (TRAFFIC) OF THE RENTON MUNICIPAL CODE, CLARIFYING REGULATIONS, PENALTIES, AND THE CODE ENFORCEMENT STRUCTURE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 1‐3‐1, Criminal Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 1‐3‐1 CRIMINAL PENALTIES: A. Applicability And Penalties: Any person who shall: GENERAL PENALTY: 1. Commit Unless otherwise specified, any person who commits any act declared by any of the provisions of the Renton Municipal Code to be unlawful criminal conduct, or any unlawful criminal act for which there is no stated penalty, or who shall fail to comply therewith; or who shall 2. V violate or fail to comply with any order made thereunder; or who shall fail to perform any act or discharge any obligation or duty required by or imposed upon him or her by any ordinance for which there is no stated penalty; shall severally, for each and every such unlawful act, violation and noncompliance, respectively, be guilty of a misdemeanor. AGENDA ITEM #1. a) ORDINANCE NO. ________ 2 32. No individual, group of individuals, firm, or entity shall use Use land or premises or construct in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken. The penalty for violating this provision shall be a misdemeanor.; or 4. Fail to comply with an order by such proper authority or by a court of competent jurisdiction, within the time fixed herein; or 5. Fail to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance for which there is no stated penalty; shall severally, for each and every such unlawful act, violation and noncompliance, respectively, be guilty of a misdemeanor. B. ADDITIONAL REMEDIES: This section does not preclude, and is in addition to, administrative and civil remedies set forth in this code. The charging authority shall, under the provisions of this code, have the authority to pursue remedial remedies, punitive remedies, or both. If, in the opinion of the charging authority, a violation of this code may be ameliorated through the code enforcement process, then the City and its personnel are authorized to administer that process in accordance with RMC 1‐ 3‐2. If, however, in the opinion of the charging authority, a code violation presents a risk to the health, safety, or welfare of a member(s) of the general public, or the remedial measures are unnecessary, ineffective, or unsuccessful, then a criminal remedy may be sought by the charging authority. AGENDA ITEM #1. a) ORDINANCE NO. ________ 3 BC. CRIMINAL PENALTIES: Criminal Violations: Any person convicted of a criminal violation of any section of the Renton Municipal Code shall be punished in accordance with RCW 9A.20.021(2) and (3), as now or hereafter amended, for gross misdemeanors and misdemeanors, with the exception that the imposition of jail time can be at any appropriate facility and is not limited to a county jail. Whenever a specific penalty or range of penalties has been established for a crime by the State Legislature and that crime has been incorporated into the Renton Municipal Code, either directly or by reference, then the penalty ranges established by the Legislature shall supersede this provision. govern and this provision shall not be enforced. D. CIVIL INFRACTION: A violation of any ordinance which is deemed a civil infraction in this code shall constitute a class 1 civil infraction pursuant to Chapter 7.80 RCW, and any such person shall be assessed a monetary penalty of up to two hundred fifty dollars ($250.00). CE. CONTINUING VIOLATION Continuing Violation: Where any act which is of a continuing nature is forbidden or declared to be unlawful, each day or portion of a day such duty or obligation remains unperformed or such act continues shall constitute a separate offense. DF. SUSPENSION OR REVOCATION OF PERMITS/LICENSES Suspension Or Revocation Of Permits/Licenses: AGENDA ITEM #1. a) ORDINANCE NO. ________ 4 In addition to other penalties provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the applicant or permittee has not complied with any or all conditions or limitations set forth in the permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in a manner set forth in the approved application. SECTION II. Section 1‐3‐2, Code Enforcement and Penalties, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is repealed in its entirety and replaced with the following: 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 5 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. “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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 6 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 7 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. 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 8 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: AGENDA ITEM #1. a) ORDINANCE NO. ________ 9 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: AGENDA ITEM #1. a) ORDINANCE NO. ________ 10 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; 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 11 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.9. The City may serve each Violator AGENDA ITEM #1. a) ORDINANCE NO. ________ 12 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.10, the City determines that a violation has occurred, the City may enter into a voluntary correction agreement with any 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 owned at the point the agreement is entered; and AGENDA ITEM #1. a) ORDINANCE NO. ________ 13 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 14 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. 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, AGENDA ITEM #1. a) ORDINANCE NO. ________ 15 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 16 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. 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 17 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 18 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 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 19 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 20 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 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 21 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 22 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: 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 AGENDA ITEM #1. a) ORDINANCE NO. ________ 23 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. AGENDA ITEM #1. a) ORDINANCE NO. ________ 24 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. 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: AGENDA ITEM #1. a) ORDINANCE NO. ________ 25 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. SECTION III. Section 1‐6‐9, Penalty, of Chapter 6, Code of Ethics, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 1‐6‐9 PENALTY: Any person who wilfully, knowingly and intentionally violates any provisions of this Ordinance section, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars ($500.00) or be committed to jail for a period not exceeding ninety (90) days, or be penalized by both such fine and imprisonment; and penalized in accordance with RMC 1‐3‐1. in addition to the foregoing, any public official found guilty of any violation of this Ordinance shall forfeit any right to his office, whether elective or appointive, as may be determined by the court at the time sentence is imposed upon such public official. AGENDA ITEM #1. a) ORDINANCE NO. ________ 26 SECTION IV. The first sentence of subsection 2‐9‐8.C, Civil Violations, of Chapter 9, Parks Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, is amended as shown below. Subsections 2‐9‐8.C.1 through 18 shall remain as currently codified. C. Civil Violations Infractions: Unless otherwise posted, or approved by the Administrator, it shall be a civil violation infraction to do any of the following in a park: SECTION V. Subsection 2‐9‐8.E.2, Civil Violations, of Chapter 9, Parks Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, is amended as follows: 2. Civil Violations Infractions: Those park rules and regulations identified as civil violations infractions are punishable pursuant to RMC 1‐3‐2 1‐3‐1. For enforcement purposes, law enforcement and staff may cite to this Section or the park rules and regulations pamphlet. SECTION VI. Section 4‐4‐150, Violations of This Chapter and Penalties, of Chapter 4, City‐Wide Property Development Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows: 4‐4‐150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: Unless otherwise specified, violations of this Chapter are misdemeanors, subject to RMC 1‐3‐12. SECTION VII. Section 4‐5‐150, Violations of this Chapter and Penalties, of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is amended as follows: 4‐5‐150 VIOLATIONS OF THIS CHAPTER AND PENALTIES: AGENDA ITEM #1. a) ORDINANCE NO. ________ 27 Unless otherwise specified, violations of this Chapter are civil infractions misdemeanors, subject to RMC 1‐3‐12. SECTION VIII. Section 5‐4‐1, Required Age for Licensing and Penalty for Violation, of Chapter 4, Animal Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 5‐4‐1 REQUIRED AGE FOR LICENSING AND PENALTY FOR VIOLATION: A. It shall be unlawful to own or keep a dog or cat of more than four (4) months of age within the City unless the owner or custodian thereof shall have a valid animal license for each such animal. B. A violation of this section shall constitute a civil infraction punishable as set forth in Section 1‐3‐2 1‐3‐1 of this code. SECTION IX. Subsection 5‐5‐3.G.6, Infraction, of Chapter 5, Business Licenses, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 6. Infraction 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 civil infraction misdemeanor, and subject to the penalties of RMC 1‐3‐21‐3‐1, as it exists or may be amended. SECTION X. Section 5‐9‐8, Penalties, of Chapter 9, Leasehold Excise Tax, of Title V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: AGENDA ITEM #1. a) ORDINANCE NO. ________ 28 5‐9‐8 PENALTIES: Any person, firm or corporation violating any provisions or terms of this Chapter shall upon conviction thereof be guilty of a misdemeanor and be fined in a sum not exceeding five hundred dollars ($500.00), or be confined to the City jail for not more than ninety (90) days, or be subject to both such fine and imprisonment penalized in accordance with RMC 1‐3‐1. SECTION XI. Section 5‐10‐6, Penalties, of Chapter 10, Sales and Use Tax, of Title 5 (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 5‐10‐6 PENALTIES: Any seller who fails or refuses to collect the tax as required with the intent to violate the provisions of this Section or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay any tax due under this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined no more than five hundred dollars ($500.00) or imprisoned for not more than six (6) months, or by both such fine and imprisonment penalized in accordance with RMC 1‐3‐1. SECTION XII. Section 5‐18‐6, Violation; Penalty, of Chapter 18, Lodging Tax, of Title 5 (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 5‐18‐6 VIOLATION; PENALTY: It is unlawful for any person, firm or corporation to violate or fail to comply with any of the provisions of this chapter, and such violation shall constitute a misdemeanor. Every person convicted of a violation of any provision of this AGENDA ITEM #1. a) ORDINANCE NO. ________ 29 chapter shall be punishable by a fine in a sum not to exceed $500.00. Each day of violation shall be considered a separate offense penalized in accordance with RMC 1‐3‐1. SECTION XIII. Section 5‐22‐13, Violation – Penalty, of Chapter 22, Special Event Permits, of Title 5 (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: 5‐22‐13 VIOLATION – PENALTY: Failure to abide by any and all requisite conditions set forth in this chapter shall be an civil infraction subject to penalties and conditions of RMC 1‐3‐2 1‐3‐1. SECTION XIV. Subsection 5‐26‐26.B of Chapter 26, Tax Administrative Code, of Title 5 (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows: B. Violation of any of the provisions of this chapter is a gross misdemeanor. Any person convicted of a violation of this chapter may be punished by a fine not to exceed One Thousand Dollars ($1,000), imprisonment not to exceed one (1) year, or both fine and imprisonment shall be penalized in accordance with RMC 1‐3‐1. Penalties or punishments provided in this chapter shall be in addition to all other penalties provided by law. SECTION XV. Subsection 6‐1‐3.J, Penalties, of Chapter 1, Junk Vehicles Or Abandonment Of Vehicles, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows: AGENDA ITEM #1. a) ORDINANCE NO. ________ 30 J. Penalties: Any person violating subsection A of this Section shall be guilty of a misdemeanor civil infraction, and subject to the penalties of RMC 1‐3‐21, as it currently exists or is hereafter amended. SECTION XVI. Section 6‐6‐12, Wild or Dangerous Animals, of Chapter 6, Animals and Fowl at Large, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows: 6‐6‐12 WILD OR DANGEROUS PROHIBITED ANIMALS: A. Wild or Dangerous Animals: The keeping of wild or dangerous animals is prohibited, with the exception of dangerous dogs under the provisions of RMC 6‐ 6‐8. A violation of this Section shall constitute a misdemeanor punishable by a fine of up to $1,000, not including costs, and up to 90 days in jail. B. Roosters and Peahens/Peacocks: The keeping of roosters or peahens/peacocks is prohibited. C. Violation and Penalty: A violation of this Section shall constitute a misdemeanor punishable in accordance with RMC 1‐3‐1. SECTION XVII. Subsection 8‐1‐4.O of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is amended as follows: O. Any violation of this Section shall be a misdemeanor, and subject to the penalties of RMC 1‐3‐2 1‐3‐1, as it currently exists or is hereafter amended. SECTION XVIII. Section 8‐5‐20, Penalties for Violations of Regulations, of Chapter 5, Sewers, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is amended as follows: AGENDA ITEM #1. a) ORDINANCE NO. ________ 31 8‐5‐20 PENALTIES FOR VIOLATIONS OF REGULATIONS: A. It shall be unlawful a gross misdemeanor for any person to maliciously, knowingly, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the City sewage works. B. Any person violating any provision of this Chapter or who shall fail to do any act he is required to do under the provisions of this Chapter shall upon conviction be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding six (6) months, or by both such fine and imprisonment penalized in accordance with RMC 1‐3‐1. Each day any violation of this Chapter shall continue shall constitute a separate offense. SECTION XIX. The first sentence of section 10‐2‐5, Operating Violations, of Chapter 2, All‐terrain Vehicles, of Title X (Traffic) of the Renton Municipal Code, is amended as follows: It shall be unlawful a civil infraction, pursuant to RMC 1‐3‐1, for any person to operate any all‐terrain vehicle: SECTION XX. 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 ordnance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017. ____________________________ Jason A. Seth, City Clerk AGENDA ITEM #1. a) ORDINANCE NO. ________ 32 APPROVED BY THE MAYOR this _______ day of _____________________, 2017. ____________________________ Denis Law, Mayor Approved as to form: _____________________________ Lawrence J. Warren, City Attorney Date of Publication: _____________ ORD:1882:12/22/16:scr AGENDA ITEM #1. a)