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HomeMy WebLinkAboutORD 4351Amends ORDIS:1482.2520, 2738,2820.2877.3174,3175. 3222,3366.3540.3625,3760. 3773,3927. 3988,4039,4219.4238.4324 Amended By Ordinance 114411,,4462.467 S.4688.4723 CITY OF RENTON,WASHINGTON 4835.4856.49B 5085 ORDINANCE NO.4351 All ORDINAIlCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS)OF ORDINAIlCE NO.4260 ENTITLED "CODE OF GENERAL ORDINAIlCES OF THE CITY OF RENTON"BY ADDING CHAPTER 33 ADOPTING CIVIL VIOLATIONS AIlD PENALTIES"AND AMENDING TITLES IV,V,VI,VIII AND IX RELATING TO PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I.Chapter 26,Uniform Housing Code,of Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following section: 4-26-5,Penalties:Penalties for any violations of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION II.Chapter 27,Uniform Mechanical Code,of Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following section: 4-27-3,Penalties:Penalties for any violations of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION III.Chapter 31,Zoning Code,of Title IV (Building Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following section: 1 ORDINANCE NO.4351 4-31-39:Penalties:Unless otherwise specified,penalties for any violations of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION IV.Title IV (Building Regulations)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding Chapter 33 entitled "Civil Penalties"which reads as follows: CHAPTER 33:CIVIL PENALTIES. 4-33-1:PURPOSE:The purpose of this ordinance is to establish an efficient system to enforce the code and ordinances of the City of Renton,Washington,to establish monetary penalties for violations,and to provide for a prompt hearing and decision on alleged violations. 4-33-2:DEFINITIONS:In this ordinance,unless a different meaning is plainly required,the following definitions shall apply: A."APPLICABLE DEPARTMENT DIRECTOR"shall mean the director of the department empowered to enforce a city code or ordinance,or his/her designated representative. B."CIVIL VIOLATION"shall mean a non-criminal violation of a provision of a city code or ordinance. C."CODE ENFORCEMENT OFFICER"shall mean any employee(s) appointed by the applicable department director to inspect for code violations and issue violation notices. D."PERSON"shall mean any person,firm,partnership, association,corporation,company or organization of any kind,who is either the property owner,is in control of the property in any 2 ORDINANCE NO.4351 fashion,or is causing,allowing,or participating in the prohibited activity. 4-33-3:AUTHORITY TO INSPECT:The Code Enforcement Officer or his/her designee may inspect properties as necessary to determine whether permittees have complied with conditions of the respective permits and,whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth in this chapter /may enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed the Code Enforcement Officer by this Code.The Code Enforcement Officer shall present proper credentials to the owner or other person in charge of the premises before demanding entry.If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located,the Code Enforcement Officer or his/her designee shall have recourse to every remedy provided by law to secure entry,including,but not limited to,application for a search warrant. 4-33-4:VIOLATION:A failure to comply with the requirements of the following sections shall be considered a violation: RCC Title IV,Chapter 4·, RCC Title IV,Chapter 5; RCC Title IV,Chapter 9; RCC Title IV,Chapter 10; RCC Title IV,Chapter 14; RCC Title IV,Chapter 15; RCC Title IV,Chapter 19; RCC Title IV,Chapter 20; RCC Title IV,Chapter 21 ; RCC Title IV,Chapter 22; RCC Title IV,Chapter 24; RCC Title IV,Chapter 26; RCC Title IV,Chapter 27; RCC Title IV,Chapter 28; 3 ORDINANCE NO...:4=-3::.51::.-_ VIII,Chapter 1; IX,Chapter 10; IX,Chapter 13; IX,Chapter 15. RCC Title IV, RCC Title IV, identified in RCC Title V, RCC Title VI, RCC Title VI, and 20; RCC Title RCC Title RCC Title RCC Title Chapter 29; Chapter 31,except as otherwise subsection 37 therein; Chapter 5; Chapter 1,subsection 2; Chapter 14,subsections 17, 18,19 and Any person who commits a violation,as identified in this section,shall be guilty of a civil infraction on the first offense. Any person who commits a violation,as identified in this section,within one year of a "committed finding for"the same prior offense,shall be guilty of a misdemeanor. 4-33-5:COSTS AND MONETARr PENALTIES: 1.The Renton Municipal Court may impose costs in addition to the penalties set out below. 2.The amount of the monetary penalty per day or portion thereof for each violation shall be as follows: a.First three days of violation, dollars ($100.00)per day. b.Second three days of violation, dollars ($200.00)per day. up to one hundred up to two hundred I I I c.Third three days of violation,up to three hundred dollars ($300.00)per day. d.Each additional day of violation,up to five hundred dollars ($500.00)per day. 4-33-6:CONTINUED DUTY TO CORRECT VIOLATION:Payment of a monetary penalty pursuant to this ordinance does not relieve a person of the duty to correct the violation as ordered by the applicable department director. 4 ! I ORDINANCE NO.4351 4-33-7:APPEAL TO SUPERIOR COURT:Any appeal of the decision of the Renton Municipal Court shall be governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). 4-33-8:ACCRUAL OF PENALTY:The city is authorized to collect the monetary penalty by use of appropriate legal remedies.Seeking legal redress by the city shall neither stay nor terminate the accrual of additional per diem monetary penal ties so long as the violation continues. SECTION V.The following sections of Title IV of the Renton City Code are hereby amended to read as follows: 4-4-6.B:Complaints:Any person subjected to any unlawful practice as set forth in this Ordinance may file a complaint in writing with the Building Department.The Building Department is hereby authorized and directed to receive complaints and conduct such investigations as are deemed necessary.Whenever it is determined that there has been a violation of this Ordinance the Building Department is authorized to send written notice of said violation to the person responsible for the violation.If,within ten days of said notice,the responsible person makes written request for reconciliation,the applicable department director is authorized to attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement. In the event that conciliation is not achieved,the applicable department director is authorized to issue a civil infraction or criminal citation in accordance with Section 4-33-4. 5 ORDINANCE NO.4351 4-4-6.D:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-5-17:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-9-15.A:Violations and Penalties: A.Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. B.In a prosecution under this Chapter I each tree removed, damaged or destroyed will constitute a separate violation. 4-10-22:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-14-13:Violation and Penalty: A.It shall be unlawful for any person,firm or corporation hereafter to erect,construct,enlarge,move or convert any parking lot or parking structure in the city or cause or permit the same to be done contrary to or in violation of any of the provisions of this ordinance. B.Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title 4. 4-15-17:Violations and Penalties: A.It shall be unlawful for any person,firm or corporation to construct,enlarge or change apy land or planned unit development 6 ORDINANCE NO.4351 in the city or cause or permit the same to be done contrary to or in violation of any of the provisions of this ordinance. B.Penal ties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-20-l.C.3 : a.Violation and Penalties: It shall be unlawful for any person,firm or corporation to erect,construct,enlarge,alter,repair,move,improve,convert, equip,use or maintain any sign or structure in the city or cause or permit the same to be done contrary to or in violation of any of the provisions of this Code. b.Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. of any of the provisions of this Chapter shall be in accord with 4-21-6:Violation and Penalty:Penal ties for any violation j j Chapter 33 of Title IV. forPenalties4-22-17:Violations and Penalties:any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-24-3.G:Section 205 of the City Building Code is hereby amended to read as follows: Violations and Penalties: 1.It shall be unlawful for any person,firm or corporation to erect,construct,enlarge,alter,repair,move,improve,remove, convert or demolish,equip,pse,occupy or maintain any building or structure in the city,or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. 7 ORDINANCE NO.4351 2.Penal ties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 4-28-3.8:Violations and Penalties:Amend the first paragraph of Section 20.3 of the U.P.C.to read: Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV.The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval oft any violation of the provisions of this code.No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. 4-29-3.B:Amend first paragraph section 1.7,violations and penalties to read: Penal ties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV.The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of,any violation of any of the provisions of this code.No permit presuming to give authority to violate or cancel the provisions of this code shall be valid except insofar as the work or use which it authorized is lawful. 4-31-37.D.l.b:Building and Zoning Department:All those matters concerning land use and zoning and any violations of those sections identified in Section 4,Chapter 33,Title IV. SECTION VI.Section 5-5-3.G.4 of Chapter 5,Business Licenses,of Title V (Finance and Business Regulations)of Ordinance 8 ORDINANCE NO.~4-,,3-,,5-,,1__ of accord with violationany be in No.4260 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: 5-5-3.G.4:Penalties:Penalties for any of the provisions of this Chapter shall Chapter 33 of Title IV. SECTION VII.Section 6-1-2.A of Chapter 1,Abandoned Vehicles,and Section 6-14-22 of Chapter 14,Litter,of Title VI (Police Regulations)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 6-1-2.A:Penalties:Penalties for any violations of any of the provisions of this subsection shall be in accord with Chapter 33 of Title IV.Further,the storage or retention of abandoned, wrecked,dismantled or inoperative vehicles or vehicle hulks on private property in the city is thereby declared to be a public nuisance which shall be abated and removed in accordance with this Chapter. 6-14-22:Except:Penalties for violations of subsections 17, 18,19 and 20 of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION VIII.Section 8-1-4.C of Chapter 1,Garbage,of Title VIII (Health and Sanitation)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 8-1-4.C:It shall be unlawful to deposit,throw,or place any garbage,recyclables,or yard waste in any lane,alley,street or other public place,or to deposit,throw,or place any garbage or 9 ORDINANCE NO.4351 Penalties for any violation of Chapter shall be in accord with refuse on any private property regardless of ownership.It shall be unlawful to place garbage recyclables or yard waste in the garbage can,garbage unit,or detachable container owned by or for which service is paid for by another. Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION IX.Section 9-10-12.B of Chapter 10,Street Excavations,of Title IX (Public Ways and Property)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended to read as follows: 9-10-12.8:Penalties: any of the provisions of this Chapter 33 of Title IV. SECTION X.Chapter 13,Trees and Shrubbery,of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following Section to read as fQllows: 9-13-2:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. SECTION XI.Chapter 15,Weeds and Noxious Matter,of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following Section to read as fpllows: 9-15-6:Penalties:Penalties for any violation of any of the provisions of this Chapter shall be in accord with Chapter 33 of Title IV. 10 ORDINANCE NO.4351 SECTION XII.This ordinance shall be effective upon its passage,approval,and thirty (30)days after publication. PASSED BY THE CITY COUNCIL this 4th day of M_a~y _ 1992. APPROVED BY THE MAYOR this 4th 1992. form: City Attorney Date of Publication:May 8,1992 ORD.206-5/4/92-as. 11 Clerk CITY OF RENTON,WASHINGTON SUMMARY OF ORDINANCE NO.4351 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON"BY ADDING CHAPTER 33 ADOPTING CIVIL VIOLATIONS AND PENALTIES AllD AMENDING TITLES IV I V,VI,VI I I AND IX RELATING TO PENALTIES. SECTION I.Title IV (Building Regulations)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is amended by adding Chapter 33,Civil Penalties,which is summarized as follows: SECTION: 4-33-1: 4-33-2: 4-33-3: 4-33-4: 4-33-5: Purpose Definitions Authority to Inspect Violation Costs and Monetary Penalties. "• SECTION II.This ordinance also changes most code violations,. from criminal misdemeanors to civ~l infractions and provides a fine schedule for these newly characterized violations. SECTION III.A full text of this ordinance will be mailed, without charge,upon request to t~e City Clerk. Date of Publication:May 8,1992 ORD.237-4/29/92-as. 1