HomeMy WebLinkAboutORD 6034CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6034
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REPEALING SECTION
1-3-2 OF THE RENTON MUNICIPAL CODE, REVISING AND MOVING CODE
ENFORCEMENT REGULATIONS TO A NEW CHAPTER 1-10, UPDATING
REFERENCES FROM SECTION 1-3-2 TO CHAPTER 1-10 THROUGHOUT THE
RENTON MUNICIPAL CODE, PROVIDING FOR SEVERABILITY, AND ESTABLISHING
AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Subsection 1-3-1.6 of the Renton Municipal Code is amended as follows:
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 Chapter 1-10 RMC-1-3-4. 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.
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SECTION III. Section 1-3-2 of the Renton Municipal Code is repealed in its entirety and
replaced to read as follows:
1-3-2 CODE ENFORCEMENT: All references in the Renton Municipal Code to
Section 1-3-2 shall be governed by Chapter 1-10 RMC.
SECTION IV. Title I of the Renton Municipal Code is amended to add a new chapter 10,
entitled Code Enforcement, to read as follows:
CHAPTER 10
CODE ENFORCEMENT
SECTION:
1-10-1: System of Non -Judicial Code Enforcement
1-10-2: Definitions
1-10-3: Enforcement of Violations
1-10-4: Voluntary Correction Agreement
1-10-5: Hearing Procedures
1-10-6: Abatement
1-10-7: Failure to Comply
1-10-8: Additional Provisions
1-10-1 SYSTEM OF NON -JUDICIAL CODE ENFORCEMENT:
A. 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_
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B. Authority: Pursuant to RCW 7.80.010(5), the City elects to establish a non -
judicial hearing and determination system to enforce Renton Municipal Code
("RMC") civil code violations.
C. 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.
1-10-2 DEFINITIONS:
A. Abate or Abatement: means to cure the Violation. Abatement shall not
be deemed to be complete until the Violator or Person in Control has notified the
CCI of the abatement and the CCI has been afforded a reasonable opportunity to
inspect the Violation and deem the Abatement complete.
B. Administrator: shall mean a City of Renton department administrator or
his or her designee.
C. Code Compliance Inspector: (hereafter CCI) means any employee or
designee of the City of Renton who is directed, authorized, or responsible for
finding, responding to, evaluating, or considering Violations and/or alleged
Violations of the Renton Municipal Code herein.
D. Civil Enforcement Action: Any appealable action taken by the City or its
designee to commence an enforcement proceeding for any Violation of the
Renton Municipal Code, including, but not limited to: a notice of violation, a notice
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and order, an order to correct, a stop work order, an order not to occupy premises,
or any other civil enforcement mechanism or order authorized by this Code.
E. Cost: includes and is not limited to 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.
F. Fines: are any monetary assessment, recovery, or reimbursement related
to the City's civil code enforcement. 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
iudicial process.
G. Hearing Examiner: shall mean the neutral adiudicator designated by the
Administrator to oversee and establish rules for any hearings requested pursuant
to this Chanter.
H. Notice of Violation: is a determination made by the CCI that a Violator has
committed or permitted a Violation of the Renton Municipal Code. A Notice of
Violation is a civil code violation, punishable in accordance with the terms of this
chapter.
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I. Ongoing Violation: is a Violation that is in continuous violation of the
Renton Municipal Code until the condition has been abated.
J. Order to Correct: is an order issued to a Violator(s) which orders the
Violator(s) to abate the Violation/condition. The Order to Correct shall set the
time and manner in which the condition must be abated. An Order to Correct shall
remain in effect until the Violation/condition is abated and the City is notified of
the abatement and has been afforded a reasonable opportunity to inspect the
Violation/condition.
K. 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 civil code violation, whether as owner, tenant, occupant, or
otherwise. There may be more than one Person in Control for purposes of this
chapter. If the Person in Control is not the legal owner, the Person in Control and
owner are both iointly liable and 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. There is a
presumption that a Person in Control is aware of or has knowledge of the
condition at a premises.
L. Serve or Service: means delivery of any Warning of Violation, Notice of
Violation, and/or order upon persons having any known interest in the property
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where a Violation exists. Service is deemed to be completed pursuant to any of
the following means:
1. Personal service; or
2. Certified mail with return receipt requested; or
3. Electronic transmission; or
4. If the whereabouts of any person having any known interest in the
property where the Violation exists are unknown and the same cannot be
ascertained in the exercise of reasonable diligence, and the CCI makes an affidavit
to the effect, then service may be deemed to be completed by posting the
Warning of Violation, Notice of Violation, and/or order on the property in a
conspicuous place; and mailing a copy via first-class mail to the last known address
for persons having any known interest in the property where the Violation exists;
and mailing a copy via first-class mail to the taxpayer of record at the taxpayer's
listed address in the records of the King County Assessor's Office.
M. Violation: is an act, error, omission, location, property, structure, or
condition that is contrary to any provision of the Renton Municipal Code and/or
endangers the health, sanitation, or safety of the residents, neighborhood, or
community. Each day that a Violation exists shall constitute a separate and
actionable Violation. Multiple simultaneous Violations at one location shall be
administered jointly for administrative and fiscal economy.
N. 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
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Property, and/or the Person in Control or owner's agent for a property where a
civil code violation exists or is alleged to exist, and/or any person(s) who has
received notice of a Violation or Order to Correct.
O. Warning of Violation: is an informal oral or written warning that provides
notice to a Violator that the CCI has found, seen, or discovered a potential RMC
civil code violation that a Violator has created, permitted to exist, maintained, or
failed to eliminate. A Warning of Violation is non -appealable and used to inform
the Person(s) in Control regarding the potential of a Violation which does not
impose a threat to public health, safety, or welfare.
1-10-3 ENFORCEMENT OF VIOLATIONS:
A. Code Compliance Authority: A CCI is authorized to initiate a Civil
Enforcement Action whenever all facts and circumstances known to the CCI lead
the CCI to form a reasonable belief that, in the CCI's professional judgment and
experience, the Renton Municipal Code (RMC) is being violated by any person,
property, act, omission, error, or condition.
B. Initiating Enforcement Proceedings: When a CCI initiates a Civil
Enforcement Action, the CCI is authorized to take any of the following actions:
1. Order the Violator(s) to Abate the Condition: The CCI may order the
Property Abated by persons working under the City's authority with costs assessed
to the Violator(s).
2. Assess Fines: The CCI may assess any applicable costs and/or Fines for
each Violation based on the following criteria: the nature of the offense; the
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history of the condition of the property; the history of the Violator; the impact on
the neighbors, neighborhood, or community; and the need to discourage such
conduct, inactivity, or neglect.
Alternatively, the CCI may stay the accrual of costs and/or civil fines, upon
an actual showing that the Violator, acting in good faith, is unable to bring the
condition into compliance within the required time.
3. Issue a Stop Work Order: The CCI may 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.
4. Deny, Revoke, Suspend, or Modify a Permit or License, or Application
Therefor: The City may deny, revoke, suspend, or modify a permit or license 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.
C. Notice of Violation: When initiating a Civil Enforcement Action, the CCI
shall inform the Violator of:
1. The relevant details that form the basis of the Violation;
2. The section or sections of the RMC that have been violated;
3. The time in which the Violation must be corrected;
4. The fine amount for the Violation, if any; and also that,
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5. Any Violator who wants a hearing to challenge the Notice of Violation
may have a hearing before the Hearing Examiner, pursuant to the provisions of
this chapter. The request for a hearing must be timely and must satisfy all of the
other requirements of this chapter.
D. Ongoing Violations: Every Violation of this code of a continuous or ongoing
nature shall be subject to daily Fines to begin when the Civil Enforcement Action
is initiated and shall not end until the Violation is Abated to the satisfaction of the
CCI.
E. Criminal Violation: When a CCI discovers or is made aware of a RMC
Violation, and where the Violation carries a criminal penalty, the CCI is authorized
to refer the matter to the City Attorney for consideration of criminal charges.
Pursuing criminal charges does not preclude the City from pursuing additional
remedies as warranted by law. See RMC 1-3-1.
1-10-4 VOLUNTARY CORRECTION AGREEMENT:
A. Voluntary Correction Agreement: If the CCI determines that a code
Violation has occurred, the City may enter into a voluntary correction agreement
with any Violator, if the CCI determines it would be appropriate. The
Administrator, or his or her designee, shall administer a procedure to manage an
expedited voluntary compliance process.
B. Contents: The voluntary correction agreement form or document must
contain, at a minimum:
1. All of the relevant information identifying the Violator(s);
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2. The Violation location(s);
3. Details about the Violation(s);
4. What must be done to eliminate the Violation(s);
5. How long the Violator(s) has to eliminate the Violation(s);
6. Whether there have been any known prior Violations involving the
Violator(s) in the City in the last ten (10) years;
7. 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;
8. The minimum amount of civil fines owed at the point the agreement
is entered: and
9. 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.
C. Hearing:
1. 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 determination of a Violation, or the allegations contained in any Notice of
Violation, as the Violator concedes that the Violator is responsible for the Violation
of the Renton Municipal Code, and that the City has the right to use any lawful
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means provided by this code or applicable state or municipal law to investigate,
enforce, and eliminate the Violation.
2. 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.
a. If there are multiple requests for a hearing, those hearings may be
consolidated if the Hearing Examiner finds it reasonable to do so.
b. The rules and procedures of the hearing shall be governed by the
relevant provisions of this chapter.
D. Additional Criteria and Requirements:
1. No Violator may enter into a second voluntary correction agreement
if that Violator has already failed to comply with a voluntary correction agreement
for a prior Violation of the same code provision.
2. 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.
3. If a Violator is unable or unwilling to eliminate the Violation within the
time prescribed by the Notice of Violation or Order to Correct, then a voluntary
correction agreement is not appropriate.
4. A voluntary correction agreement is not a settlement agreement.
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5. 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 maV grant an
extension to a Violator only if, in the Administrator's iudgment, the Violator has
taken prompt and substantial steps to eliminate the Violation.
6. 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 iudicial hearings without requiring the
participation or presence of the CitV of Renton.
7. If the Violator fails to satisfy one (1) or more term(s) of the voluntary
correction agreement, after a Notice 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 anV other costs related to the investigation,
enforcement, and resolution of this process to the Violator(s) and/or against the
p ro pe rtV.
1-10-5 HEARING PROCEDURES:
A. Opportunity for a Hearing:
1. In order to provide due process and to achieve the purpose of this
chapter, a Violator or the CCI maV request a hearing before the Hearing Examiner
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to raise any challenge to the Civil Enforcement Action, the City's application of this
code, and/or to challenge or mitigate the costs and/or Fines.
2. The opportunity for a hearing is available for each Civil Enforcement
Action and the Fines imposed for multiple Violations at one (1) site or at multiple
sites by one (1) or more Violators.
3. The failure to request, submit a written argument, and/or appear at a
hearing makes the Civil Enforcement Action a final determination unless a Violator
timely requests a hearing under the process described in this chapter. If a hearing
is requested, the final determination of the Notice of Violation shall be made by
the Hearing Examiner following the conclusion of the hearing.
B. Hearing Requirements:
1. Timeliness: Any Violator and/or persons having any claim against the
title or contractual interest in the property where the Violation exists or the CCI
may request a hearing to challenge the notice, order, or application of the code,
or challenge or mitigate the costs and/or Fines. Any such request for a hearing
must be filed and filed with the City Clerk within fifteen (15) days of the issuance
of the Notice of Violation and/or Order to Correct. Any request for a hearing that
is not timely filed with the City in accordance with this section shall be denied.
2. 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
or the CCI submits a timely request for a hearing pursuant to this section, the City
Clerk shall set the date of the hearing to be held no more than ninety (90) days
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after the request for a hearing is filed. There shall be no fee to request a hearing
pursuant to this section.
3. Costs: A Violator or multiple Violators who request a hearing but who
fail to appear or participate in the hearing are responsible for any costs incurred
by the City to hold the hearing. The Hearing Examiner may assess the costs to the
Violator in writing within fifteen (15) days of the Violator's failure to appear or
participate in the hearing.
4. Withdrawal of Request for Hearing: A Violator may withdraw their
request for a hearing no later than five (5) days prior to the scheduled hearing.
The Violator will not be charged the costs of the hearing if the Violator's request
to withdraw the request is timely.
5. Final Determination: If no hearing is timely requested, the CCI's
determination of the Violation is deemed final, and any costs and/or Fines become
due.
C. Hearing Procedures:
1. Hearing Procedure: The Hearing Examiner may choose to hear the
matter orally, in person, electronically, or based solely on the parties' written
submissions. The Notice of Violation and/or Order to Correct may satisfy the City's
burden of production, but the City may submit additional written testimony. If the
Hearing Examiner 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 parties.
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2. 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 Notice 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. Any Violator who has been issued a Notice of Violation, Order to
Correct, or any Fines and/or costs may appear as a party or designate a
representative for the hearing. The CCI or his or her designee shall appear on
behalf of the City. Any party who does not appear at a hearing forfeits the right to
challenge the Violation, and the Violation shall be deemed final as against that
p a rty.
3. Scope of Hearing: The scope of the hearing is limited to the conditions
of the property on the date listed on the Notice of Violation. Re -litigation of
previously imposed costs and/or Fines is prohibited.
4. Preponderance of Evidence Standard: The Hearing Examiner shall
determine by a preponderance of the evidence whether the facts are sufficient to
prove a Violation of the code, if all of the costs and/or fines should be imposed, or
that a Violation exists that must be corrected, and which Violator(s) is responsible
for the Violation. Multiple Violators may be held responsible. The Notice of
Violation, if signed and dated by the CCI, shall be deemed admissible evidence to
prove the Violation. If the Hearing Examiner determines that the evidence
supports that a Violation was committed after reviewing the Notice of Violation,
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then the burden of proof 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.
5. Final Determination: The Hearing Examiner, after reviewing the
written submissions, exhibits, testimony, and other admitted evidence, may
confirm, dismiss, or modify the Civil Enforcement Action, and/or mitigate any
costs and/or Fines issued. The Hearing Examiner's decision is deemed to be a final
determination and may only be appealed in accordance with relevant provisions
of law. The final determination should be issued within thirty (30) days of the
hearing, unless reasonable cause requires additional time.
6. Imposition of Fines: The Violator(s) found to be responsible for an
RMC civil code violation shall be liable for the payment of any costs and/or Fines
assessed. Payment is due within fifteen (15) days of the date on the Notice of
Violation. If a hearing is requested, the due date for payment shall be tolled until
after the Hearing Examiner issues a final determination of the Notice of Violation.
The payment of any cost and/or Fine shall be made to the City of Renton Finance
Department. 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.
The Hearing Examiner is authorized to impose Fines up to and including
the maximum fines, or to mitigate the Fines, as the Hearing Examiner sees fit
based on the following criteria: the nature of the offense; the history of the
condition of the property; the history of the Violator; the ability of the Violator to
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Pay the fines; the impact on the neighbors, neighborhood, or community; and the
need to discourage such conduct, inactivity or neglect. 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.
7. 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 satisfaction of the Administrator, or his or her
designee.
1-10-6 ABATEMENT:
A. In order to enforce the Hearing Examiner'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.
B. 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 Finance Department within
thirty (30) days from the final determination of the Finding of Violation, or thirty
(30) days following the service of an invoice, whichever is later.
C. 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
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efforts to impede, delay, obstruct, or interfere with City employees or agents will
be forwarded to the prosecutor for appropriate criminal filing.
1-10-7 FAILURE TO COMPLY:
A. Criminal Penalty: It shall be unlawful to fail to comply with the terms of
this chapter, in accordance with the penalties prescribed by RMC 1-3-1.
1. A Violator who fails to comply with the terms of a Civil Enforcement
Action shall be guilty of a misdemeanor. To prove a failure to comply, the
prosecutor's burden is to prove beyond a reasonable doubt as to each Violator,
that (a) The Violator owns or was the Person in Control of a property in the City of
Renton; and (b) The Violator was Served with a Notice and Order (or other Civil
Enforcement Action) related to that property and was ordered to correct the
Violation(s) within a prescribed time period; and (c) The Violator failed to
eliminate the Violation within the prescribed time period.
2. If a Violator is found guilty beyond a reasonable doubt, the Violator
shall serve no less than five (5) days in iail 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 shall not be eligible for Electronic Home
Detention or any other alternative to iail time.
3. A Violator shall remain responsible for the RMC civil code violation
Fines and/or any costs assessed by the City, not to include the cost of prosecution.
B. Civil Remediation: A Violation, as described in this chapter, is a civil code
violation, and Violator(s) may be issued a Fine of up to two hundred fifty dollars
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($250) for each final determination of a Violation. For Ongoing Violations, a new
Fine shall be issued for each day (or portion thereof) in which the violation exists.
Nothing in this chapter is intended to limit or prevent the pursuit of anv other
remedies or penalties permitted under the law, including criminal prosecution.
The payment of any fees, Fines, or assessments pursuant to this chapter does not
relieve a potential Violator of the duty to correct the Violation as ordered by the
Administrator, or his or her designee.
1-10-8 ADDITIONAL PROVISIONS:
A. Assessment Lien Authorized: Following the authorization by the
Administrator, when permitted by law, the City shall cause to have recorded 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.
B. 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 anv 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).
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C. Additional Remedies:
1. Emergencies: Nothing in this chapter shall be read to limit or prohibit
the City from exercising its police powers by 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 may
assess costs and file a lien or seek a judgment in accordance with this Chapter.
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 appropriate.
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2. Remedies Not Exclusive: The remedies noted in this chapter 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 chapter 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 a Violation or
failure to pay any costs and/or fines. Unless otherwise precluded by law, the
provisions of this chapter may be used in lieu of or in addition to other
enforcement provisions, including, but not limited to, other provisions in the
Renton Municipal Code, the use of collection agencies, or other civil actions
including but not limited to injunctions.
D. Revocation, Suspension. Modification, or Denial of Permit or License:
1. Public Health and Safety: 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
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to safety, health, or welfare of others, property of others, or City property
including, but not limited to, utilities such as water and sewer; or
b. That a Violator misrepresented any material or significant fact in
applying for a permit or license.
2. Performing Work Without Authorization: The City, without a hearing,
may deny a request for a permit or license or to renew a permit or license or
revoke a permit or license when it reasonably believes that a Violator knows or
reasonably should have known, of a Violation, but continues to work, operate, or
exacerbate a Violation without a valid permit or license.
3. Post -Deprivation Hearing: Any revocation, suspension, modification,
or denial of a permit or license under this section may 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 to request a hearing in a
manner detailed in this chapter afterthe City has revoked, suspended, or modified
the permit or license.
E. Conflicts: In the event of a conflict between this and any other provision
of this chapter or City ordinance, the more specific provision shall control.
F. Severability: If any one 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.
SECTION V. Subsection 4-3-010.E of the Renton Municipal Code is amended as follows:
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E. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Violation of this Section on adult retail and entertainment regulations is
declared to be a public nuisance per se, which may be abated by the City by way
of cW nuisance abatement procedures, RMC 1-3-3, or Chapter 1-10 RMC-4--3-4,
rc.41 PP-Rai+i^- Code Enforcement, or both, and not by criminal prosecution.
SECTION VI. Subsection 4-4-100.D.6.b.i of the Renton Municipal Code is amended as
shown below. All other provisions in 4-4-100.D.6.b remain in effect and unchanged.
i. Timing and Responsibility for Removal: Upon the closure and
vacation of a business or activity, the owner of said business or activity shall
immediately remove all signs relating to said business and activity. If the owner of
said business or activity fails to remove said signs, then the owner of the property
upon which said signs are located shall remove said signs within thirty (30) days of
said closure and vacation of premises. If the owner of the property fails to remove
the signs within the designated time limit, then the Building Official may upon due
notice enforce eivil penalty Feg latie^s the code pursuant to Chapter 1-10
RMC4-3-4. Prior to the end of the thirty (30) day time period or time period
established upon notice by the City pursuant to enforcement of civil penalty
regulations, a new tenant or the property owner may request utilization of
existing signs or sign structures as regulated in paragraphs ii through iv of this
subsection.
SECTION VII. Subsection 4-4-100.J.4.c of the Renton Municipal Code is amended as
shown below. All other provisions in 4-4-100.J.4 remain in effect and unchanged.
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c. Removal Required: Each political sign shall be removed within
fourteen (14) days following an election, by the candidate, candidate's
representative or proposition sponsor except that the successful candidates of a
primary election may keep their signs on display until fourteen (14) days after the
general election, at which time they shall be promptly removed. After fourteen
(14) days the City may pick up and dispose of remaining signs. Violation or failure
to comply with the provisions of this section shall subject the offender to Chapter
1-10 RMG1-3-4, Code Enforcement-aR44kwaWes.
SECTION VIII. Subsection 4-4-13011 of the Renton Municipal Code is amended as shown
below. All other provisions in 4-4-130.J remain in effect and unchanged.
1. Penalties: Penalties for any violation of any of the provisions of this
Section shall be in accordance with Chapter 1-10 RMC-1-3-4, Code Enforcement
^d°^^^'+ice`. In a prosecution under this Section, each tree removed, damaged
or destroyed will constitute a separate violation, and the FA9RetaFy penalty fe
in accordance with RMC 1--34° 1-10-7, Penalties Failure to
Comply and the Renton Municipal Code.
SECTION IX. Subsections 4-5-060.M.5 and 4-5-060.M.6 of the Renton Municipal Code
are amended as shown below. All other provisions in 4-5-060.M remain in effect and unchanged.
5. 113.5 Unlawful continuance. Any person who shall continue any work
in or about the structure after having been served with a stop work order, except
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ORDINANCE NO. 6034
such work as that person is directed to perform to remove a violation or unsafe
condition, shall be subject to penalties as prescribed by Chapter 1-10 RMC-2.
6. 113.6 Enforcement. Enforcement of the Construction Codes and the
Construction Administrative Code shall be in conformance with the procedures
set forth in Chapter 1-10 RMC--3-2.
SECTION X. Subsections 4-5-060.N.1 and 4-5-060.N.2 of the Renton Municipal Code
are amended as shown below. All other provisions in 4-5-060.N remain in effect and unchanged.
1. 114.1 Notice to person responsible. Whenever the code official
determines that there has been a violation of this code or has grounds to believe
that a violation has occurred, notice shall be given in the manner prescribed in
RMC 4-5-060.G.2, 107.2 Construction documents, as amended and the applicable
provisions of *e, Chapter 1-10 RMC 1-3-2, Givil Penalti Code Enforcement.
2.114.2 Form. Such notice prescribed in RMC 4-5-060.G.1, 107.1 Submittal
documents, shall be in accordance with Chapter 1-10 RMC-2. In addition to
the information required by Chapter 1-10 RMC 1-3-2, the notice and order shall
contain:
a. A statement that the building official has found the building to be
dangerous with a brief and concise description of the conditions found to render
the building dangerous under the provisions of RMC 4-5-060.1-1, Section 108 -
Temporary Structures and Uses, of this code.
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b. Statements advising that if any required repair or demolition work
(without vacation being also required) is not commenced within the time
specified, the building official:
i. Will order the building vacated and posted to prevent further
occupancy until the work is completed; and
ii. May proceed to cause to be done and charge the costs thereof
against the property or its owner.
SECTION XI. Subsection 4-5-060.0.3 and 4-5-060.0.5 of the Renton Municipal Code are
amended as shown below. All other provisions in 4-5-060.0 remain in effect and unchanged.
3. 115.3 Notice. Whenever the code official has closed a structure or
locked out equipment under the provisions of this section, notice shall be posted
in a conspicuous place in, on or about the structure or equipment affected by such
notice and served on the owner or the person or persons responsible for the
structure or equipment in accordance with Chapter 1-10 RMC-1-3-4. The notice
shall be in the form prescribed in RMC 4-5-060.G.2, 107.2 Construction
documents, as amended. Every notice to vacate shall be issued, served and posted
as an order to cease activity under RMC 13 2.G 1-10-21.
5. 115.5 Placard removal. The code official shall remove the placard
posted in accordance with the provisions of RMC 4-5-060.1-1, Section 108 —
Temporary Structures and Uses, whenever the defect or defects upon which the
action was based have been eliminated. Any person who defaces or removes the
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placard without the approval of the code official shall be subject to the penalties
set forth in Chapter 1-10 RMC-4-3-4.
SECTION XII. Subsections 4-5-130.13.2 and 4-5-130.6.3 of the Renton Municipal Code are
amended as shown below. All other provisions in 4-5-130.I3 remain in effect and unchanged.
2. Subsection 301.3, Vacant structures and land, of the 2018 Edition of the
IPMC, 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 a blighting problem 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 (cosmetic) 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
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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 section 304.
301.3.4 Fire Safety:
301.3.4.1 Fire protection systems: All fire suppression and
alarms systems shall be maintained in a working condition and inspected as
required by the Fire Department.
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.
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301.3.4.4 Fire inspections: Periodic Fire Department
inspections may be required at intervals set forth by the Fire Chief.
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").
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
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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, if there is a present danger, to exercise the City's
community caretaking function, or where otherwise authorized by law. 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.
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ORDINANCE NO. 6034
required.
2) Extended use of temporary security fencing.
3) Extended time before the demolition of a building is
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 code 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 Chapter 1-10 RMC?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.
3. Section 302.4, Weeds, of the 2018 Edition of the IPMC, is amended to
read as follows:
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Weeds: All premises and exterior property shall be maintained free from
weeds or plant growth in excess of twelve inches (12") in height on developed
property or twenty-four inches (24") in height on vacant land. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, annual plants and
vegetation, other than trees or shrubs; provided, however, this term shall not
include cultivated flowers and gardens.
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 Chapter 1-10 RMC 1 3-2 Code Enforcement.
SECTION XI11. Subsection 4-6-030.5 of the Renton Municipal Code is amended as follows:
S. VIOLATIONS OF THIS SECTION AND PENALTIES:
A violation of any of the provisions of this Section shall be a civil infraction
pursuant to Chapter 1-10 RMC-1--3-2. See also RMC 4-6-110.
SECTION XIV. Subsection 4-6-090.1 of the Renton Municipal Code is amended as follows:
I. VIOLATIONS OF THIS SECTION AND PENALTIES:
Unless otherwise specified, violations of this Section are code violations
subject to Chapter 1-10 RMC 1 3-2, as it exists or may be amended.
SECTION XV. Section 5-12-30 of the Renton Municipal Code is amended as follows:
5-12-30 CIVIL PENALTY:
Any person who violates any provision of this Chapter, except the conduct
standards of Sections 5-12-24 and 5-12-25, shall be subject to a civil penalty in an
amount not to exceed one thousand dollars ($1,000.00) per violation, to be
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directly assessed by the Director. The Director, in a reasonable manner, may vary
the amount of the penalty assessed to consider the appropriateness of the penalty
to the size of the business of the violator, the gravity of the violation, the number
of past and present violations committed, and the good faith of the violator in
attempting to achieve compliance after notification of the violation. All civil
penalties assessed will be enforced and collected in accordance with the
procedures specified in Chapter 1-10 RMC Seetien 1 3 2
SECTION XVI. Subsections 6-27-7.0 and 6-27-7.1) of the Renton Municipal Code are
amended as shown below. All other provisions in 6-27-70 remain in effect and unchanged.
C. Any owner of multi -family housing which allows an accumulation of three
(3) or more shopping carts upon the multi -family premises has committed a code
violation punishable according to the terms of Chapter 1-10 RMC4-3-4. There shall
be an exception for the owner of any multi -family housing who has sent a letter
to all tenants, on a quarterly basis, advising the tenants to not leave shopping carts
on the premises of the multi -family property and who has kept a record of such
letters. The owner of the multi -family housing, to claim this exception, must also
contact the owner of the carts weekly until the carts are removed, and ask that
the carts be retrieved, keeping a record of the date and time of such contact.
D. Any owner of commercial or industrial property which allows the
accumulation of one or more shopping carts, not maintained as part of the
business, has committed a code violation punishable according to the terms of
Chapter 1-10 RMC4-3-4. The owner of the commercial or industrial property may
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claim an exception from this code violation. To claim this exception, the owner
must contact the owner of the carts weekly until the carts are removed and ask
that the carts be retrieved, keeping a record of the date and time of such contact.
SECTION XVI1. Section 8-7-5 of the Renton Municipal Code is amended as follows:
8-7-5 PENALTIES FOR VIOLATION:
Except as otherwise provided, any violation of this Chapter shall be a civil violation
subject to Chapter 1-10 RMC-1--3-4. The penalties set forth herein shall not be
deemed exclusive; the City may obtain an injunction against such violation from
the Superior Court of King County. Any ordinance of the City inconsistent with any
portions of this Chapter is repealed except that any ordinance defining noise as a
nuisance shall remain in full force and effect.
SECTION XVIII. Section 9-10-1 of the Renton Municipal Code is amended as follows:
9-10-1 PERMISSION REQUIRED:
It shall be unlawful for any person, firm, corporation or association to construct,
cut up, dig up, undermine, break, excavate, tunnel or in any way disturb or
obstruct any street, alley or any street pavement, street curb, sidewalk, driveway
or improvement in the City without first having obtained written permission as
herein provided; provided, however, that in case of an emergency occurring
outside the regular office hours whenever an immediate excavation may be
necessary for the protection of life or private property, such matter shall be
reported immediately to the Department of Community and Economic
Development of the City, who may thereupon grant permission to make the
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necessary excavation upon the express condition that an application for a permit
be made in the manner herein provided, on or before noon of the next following
business day. Any violation of this Section shall be governed by Chapter 1-10 RMC
SECTION XIX. Subsection 10-12-28.1 of the Renton Municipal Code is amended as
follows:
I. Violation —Penalty: Any person violating the provisions of this Section shall
be guilty of a traffic infraction and shall be punished pursuant to Chapter 1-10
RMC 1 3 2 exclusive of any statutory assessments, provided, conduct that
constitutes a criminal traffic offense shall be charged as such and is subject to the
maximum penalties allowed for such offenses.
SECTION XX. 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.
SECTION XXI. 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 15th day of November, 2021.
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ORDINANCE NO. 6034
APPROVED BY THE MAYOR this 15th day of November, 2021.
ohgo Pavone, Mayor
Approved as to form:
``0a1umun,,,��1',
Shane Moloney, City Attorney
Z G -,
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Date of Publication: 11/18/2021 (Summary)
* SEAL
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ORD:2165:8/16/21
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