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HomeMy WebLinkAboutORD 5196Amends ORDs 4723,4856, 4903,4963,5081,5159 CITY OF RENTON,WASHINGTON ORDINANCE NO.5196 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 1-3,REMEDIES AND PENALTIES,OF TITLE I (ADMINISTRATIVE)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON" BY CLARIFYING DEFINITIONS,NUISANCES,CIVIL AND CRIMINAL VIOLATIONS,AND PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.Chapter 1-3,Remedies and Penalties,of Title I (Administrative)of Ordinance No.4260 entitled "Code of General Ordinances of the City of Renton,Washington"is hereby amended to read as follows: CHAPTER 3 REMEDIES AND PENALTIES SECTION: 1-3-1:Criminal Penalties 1-3-2:Civil Penalties 1-3-3:Nuisances 1-3-4:Definitions 1-3-1 CRIMINAL PENALTIES: A.Applicability and Penalties:Any person who shall: 1.commit any act declared by any of the provisions of the Renton Municipal Code to be unlawful,or any unlawful act for which there is no stated penalty,or who shall fail to comply therewith;or 2.violate or fail to comply with any order made thereunder;or 1 ORDINANCE NO.5196 3.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;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.fails 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.Violations:Any person convicted ofa criminal violation of any section of the Renton Municipal Code shall be punished in accordance with RCW 9A.20.021 (3),as now or hereafter amended,for misdemeanors.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 govern and this provision shall not be enforced. C.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. D.Suspension Or Revocation OfPermitslLicenses: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 the manner set forth in the approved application. 2 ORDINANCE NO.51 96 1-3-2 CIVIL PENALTIES: A.Purpose:The purpose of this section is to establish an efficient system to enforce the Renton Municipal Code and ordinances ofthe City,to establish monetary penalties for violations,and to provide for a prompt hearing and decision on alleged violations. B.Authority To Inspect:A code enforcement officer and/or law enforcement officer 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 request permission from the owner or other person having possession,custody,or control of the premises to enter upon such premises at reasonable times to inspect the same or to perform any other duty allowed the code enforcement officer and/or law enforcement officer by the Renton Municipal Code.The code enforcement officer and/or law enforcement officer,if requested by the owner or subject of the enforcement action,shall present proper credentials to the owner or other person in charge of the premises before requesting entry. C.Violation Is Civil Infraction:Any person who commits a violation subject to civil penalties,shall be guilty of a civil infraction on the first offense. D.Subsequent Offense:Any person who commits a violation,as set forth in RMC 1- 3-2.C,within one year of a committed finding for a prior offense within the same Chapter ofthe Renton Municipal Code,shall be guilty of a misdemeanor as set forth in RMC 1-3-1. E.Costs And Monetary Penalties: 1.Additional Court Authority:The Renton Municipal Court may impose costs in addition to the penalties set out below.The Court may likewise impose costs as a condition of dismissal of an infraction. 3 ORDINANCE NO.5196 2.Amount OfPenalty Per Day:The amount of the monetary penalty per day or portion thereof for each violation shall be up to one hundred dollars ($100.00)per day. F.Continued Duty To Correct Violation:Payment of a monetary penalty pursuant to this Chapter does not relieve a person of the duty to correct the violation as ordered by the applicable department administrator or the Renton Municipal Court. G.Contested Civil Infractions:Any contest in Renton Municipal Court of a civil infraction,as set forth in RMC 1-3-2.C,shall be governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ)and the Renton Municipal Court Rules (RMCLR),as such court rules may now or hereafter be amended. H.Appeal To Superior Court:Any appeal of the decision of the Renton Municipal Court for a civil infraction shall be governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ),as such court rules may now or hereafter be amended. I.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 penalties so long as the violation continues. 1.Suspension Or Revocation OfPermits/Licenses: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 the manner set forth in the approved application. 1-3-3 NUISANCES: A.Purpose:Unkempt,unsafe,unsanitary and otherwise improperly maintained premises and structures,sidewalks and easements within the City create obvious hazards.Also, 4 ORDINANCE NO.5196 these conditions adversely affect the value,utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property.The economic well-being of the City is materially and adversely affected by nuisances.This chapter conveys to the City administration all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible,the owners and occupants of the property upon which nuisances exist,and those properties themselves.This chapter is an exercise ofthe City's police power,and it shall be liberally construed to effect this purpose. B.Declaration Of Nuisance: 1.All violations of development,land use,public health,safety,and welfare and sanitation rules,.regulations or ordinances of the City of Renton or Seattle-King County Health Department rules,regulations or ordinances are found and declared to be detrimental to the public health,safety,and welfare and further found and declared to be nUIsances. 2.Additionally,a nuisance is anything contained within the definition of Nuisance,contained in RMC 1-3-4.A 11. 3.The following shall not constitute public nuisances: a.Compost piles less than four feet (4')in height and six feet (6')in diameter at ground level,and 30 feet (30')or more from any dwelling,and four feet (4') or more from adjoining properties; b.Storm debris within 30 days following a storm event; c.Construction residue and debris during and for 14 days following completion of work; 5 ORDINANCE NO.5196 d.Fallen leaves,tree needles,tree fruit and similar vegetation,during the months of October through April,inclusive,except when located on public sidewalks; e.The accumulation and temporary storage,in containers designated for such purposes,of "recyclable"materials pursuant to a program of recycling adopted by the City;provided,however,that such containers must not be publicly visible or they must be made available to the City's garbage or "recycle contractor"within 14 days after having been filed to 50 percent or more of their capacity; f Uncultivated,uncut or untended weeds,grass,bushes or other vegetation not constituting a health or fire hazard,existing in a natural state on undeveloped,agricultural,native growth easement or defined critical areas such as wetlands,streams,and steep slopes. C.Nuisance Declared Unlawful:It shall be unlawful for any occupant of real property or any person having any ownership or possessory interest therein to permit,suffer, maintain,carry on or allow upon such property or any portion thereof a public nuisance,and any person guilty of a public nuisance shall be guilty of a misdemeanor,punishable pursuant to RMC 1-3-1. D.Voluntary Correction: 1.Applicability:This section applies whenever the applicable department administrator or his or her designee or law enforcement officer determines that a nuisance has occurred or is occurring. 2.General:The applicable department administrator or his or her designee or law enforcement officer may attempt to secure voluntary correction by contacting the person responsible for creating,maintaining or permitting the nuisance and,where possible,explaining 6 ORDINANCE NO.5196 the violation and requesting correction.Ifthe person responsible for the nuisance is a tenant,the City shall endeavor to also notify the owner of the property about the nuisance violation and the nature of that violation and request correction. 3.Issuance of Voluntary Correction Agreement:A oral voluntary correction agreement may be entered into between the person responsible for creating,maintaining or permitting the nuisance and the City,acting through the applicable department administrator or his or her designee or law enforcement officer. a.Written Voluntary Correction Agreement.Whenever the oral voluntary correction agreement is violated or not completely accomplished,the City may demand a written voluntary compliance agreement.The voluntary written correction agreement is a contract between the City and the person responsible for creating,maintaining or permitting the nuisance under which such person agrees to abate the nuisance within a specified time and according to specified conditions.The voluntary correction agreement shall include the following: (1)The name and address ofthe person responsible for creating,maintaining or permitting the nuisance;and (2)The street address or other description sufficient for identification of the building,structure,premises,or land upon or within which the nuisance has occurred or is occurring;and (3)A description ofthe nuisance and a reference to the regulation which has been violated;and (4)The necessary corrective action to be taken,and a date or time by which correction must be completed;and 7 ORDINANCE NO.5196 (5)An agreement by the person responsible for creating, maintaining or permitting the nuisance that grants consent for the City to enter and inspect the premises without a warrant as may be necessary to determine compliance with the voluntary correction agreement;and (6)An agreement by the person responsible for creating, maintaining or permitting the nuisance that the City may abate the nuisance and recover its costs and expenses (including,but not limited to its attorney fees,expert witness fees,and court costs)and/or a monetary penalty pursuant to this Chapter from the person responsible for creating, maintaining or permitting the nuisance ifthe terms ofthe voluntary correction agreement are not fully satisfied;and (7)An agreement that by entering into the voluntary correction agreement,the person responsible for creating,maintaining or permitting the nuisance waives the right to contest the nuisance at a hearing before any court or hearing examiner under this Chapter or otherwise,regarding the matter ofthe nuisance and/or the required corrective action. b.Extension And Modification:An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department administrator or his or her designee or law enforcement officer if the person responsible for creating,maintaining or permitting the nuisance has shown due diligence and substantial progress in correcting the nuisance,but unforeseen circumstances delayed correction under the original conditions. 8 ORDINANCE NO.5196 c.Abatement by the City:The City may abate the nuisance in accordance with subsection F of this section if the terms of the voluntary correction agreement are not met. E.Notice Of Criminal Citation: 1 When the applicable department administrator or his or her designee,in consultation with a City law enforcement officer and/or City prosecutor,determines that a nuisance has occurred or is occurring,the law enforcement officer or City prosecutor may issue a criminal citation as authorized by the Renton Municipal Code to the person responsible for creating,maintaining or permitting the nuisance.If a tenant is responsible for the nuisance,the City shall endeavor to notify the owner about the nuisance and the nature of the nuisance. 2 The law enforcement officer or City prosecutor may issue a criminal citation as authorized by the Renton Municipal Code without attempting to secure voluntary correction as provided in subsection D of this section under the following circumstances: a When an emergency exists;or b When a repeat nuisance occurs;or c.When the nuisance creates a situation or condition which cannot be corrected by voluntary correction;or d.When the alleged violator knows or reasonably should have known that the action,situation or condition is in violation of a City rule,regulation or ordinance;or e.The alleged violator cannot be contacted or refuses to communicate or cooperate with the City in correcting the nuisance. F.Abatement by the City: 9 ORDINANCE NO.5196 1.The City may abate a nuisance when: a.The terms of a voluntary correction agreement pursuant to subsection D of this section have not been met;or b.When a person responsible for creating,maintaining or permitting the nuisance fails or refuses to enter into a voluntary correction agreement pursuant to subsection D of this section;or c.A criminal citation has been issued pursuant to subsection E of this section;or d.The nuisance is subject to summary abatement as provided for in subsection F.2 ofthis section;or 2.Summary Abatement:Whenever any nuisance constitutes an immediate threat to the public health,safety or welfare or to the environment,the City may summarily and without prior notice abate the condition.No right of action shall lie against the City or its agents, officers,or employees for actions reasonably taken to prevent or cure any such immediate threats. 3.Authorized Action by the City:Using any lawful means,the City may enter upon the subject property and may remove or correct the nuisance which is subject to abatement.The City may seek such judicial process as it deems necessary to effect the removal or correction of such nuisance. 4.Recovery of Costs,Attorney's Fees and Expenses:The costs,including incurred expenses of correcting the nuisance,shall be billed to the person responsible for creating,maintaining or permitting the nuisance and the owner,lessor,tenant or other person entitled to control or use the property and shall become due and payable to the City within 10 10 ORDINANCE NO.5196 calendar days following actual service or mailing by first class mail.The term "incurred expenses"includes,but is not limited to personnel costs,both direct and indirect and including any and all attorney's fees and litigation costs;costs incurred in documenting the violation; hauling,storage and disposal expenses;and actual expenses and costs of the City in preparing notices,specifications and contracts,and in accomplishing the correction of the nuisance andlor contracting and inspecting the work;and the costs of any required printing and mailing.All such costs and expenses shall constitute a lien against the affected property,as set forth in subsection F.5 of this section. 5.Lien Authorized:The City ofRenton shall have a lien for any monetary penalty imposed,the cost of any abatement proceedings under this Chapter,and all other related costs including attorney and expert witness fees,against the real property where the work of abatement was performed.The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens,except for state and county taxes,with which it shall be on a parity. a.A lien for any monetary penalty,the cost of abatement proceedings under this Chapter,and all other related costs,including attorney and expert witness fees and other costs oflitigation,shall be filed for record with the King County Department of Records and Elections or county auditor against the real property where the work of abatement was performed.A lien under this Chapter shall be filed within ninety (90)days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. b.The lien shall contain sufficient information regarding the criminal violation,a legal description of the property to be charged with the lien and the owner of record, and the total amount of the lien. 11 ORDINANCE NO.5196 c.Any lien under this Chapter shall be verified by the applicable department administrator or his or her designee or law enforcement officer,and may be amended from time to time to reflect changed conditions or monetary amount. d.No liens filed under this Chapter shaH bind the affected property for a period longer than ten (10)years,without foreclosure or extension agreed to by the property owner. G.Abatement by Civil Lawsuit:Whenever a public nuisance exists,or voluntary correction of a nuisance has failed or when a nuisance has continued or when summary abatement is not merited,the City may proceed by a civil lawsuit in the King County Superior Court to enjoin and abate the nuisance in the manner provided by Chapter 7.48 RCW,as now or hereafter may be amended.If the City obtains an order of abatement,an injunction or a similar remedy,the City shall be entitled to recover all costs of abatement set forth in RMC 1-3-3.F.4 and F.5,including but not limited to any monetary penalties imposed,the City's costs of investigation,the City's costs of abatement,and the City's costs ofIitigation,including expert witness fees,and attorney's fees. H.Additional Enforcement Procedures:The provisions of this Chapter are not exclusive,and may be used in addition to other enforcement provisions authorized by the Renton Municipal Code or state law. 1-3-4 DEFINlTIONS: A.Definitions:As used in this Chapter,unless a different meaning is plainly required: 1."Abate"means to repair,replace,clean-up,remove,destroy or otherwise remedy a nuisance which constitutes a criminal violation under the Renton Municipal Code or 12 ORDINANCE NO.5196 the rules,regulations or ordinances of the Seattle-King County Health Department by such means,in such a manner,and to such an extent as the applicable department administrator or his or her designee,or law enforcement officer determines is necessary in the interest ofthe general health,safety and welfare of the community. 2."Act"means doing or performing something. 3."Applicable department administrator or his or her designee or law enforcement officer"means the City's chief operating officer or his or her designee,including any department administrator or other designee,or law enforcement officer,empowered by ordinance or by the City's chief operating officer to enforce a City ordinance or regulation. 4."City Employee"means a regular,limited term,or hourly/nonregular employee ofthe City ofRenton as defined in Sections 5.1 and 5.3 ofPolicy and Procedure 300- 53 ofRenton's Policy and Procedure Manual,as now or hereafter amended,and is a public servant for the purposes ofRCW 9A.76.175. 5."Criminal violation"means any violation of the Renton Municipal Code which is punishable as a misdemeanor under the Renton Municipal Code. 6."Code Compliance Inspector"or "Code Enforcement Officer"means any employee(s)appointed by the applicable department administrator or his or her designee to inspect for code violations. 7."Development"means the erection,alteration,enlargement,demolition, maintenance or use of any structure or the alteration or use ofany land above,at or below ground or water level,and all acts authorized by a City regulation or ordinance. 8."Emergency"means a situation which in the opinion of the applicable department administrator or his or her designee or a law enforcement officer requires immediate 13 ORDINANCE NO.5196 action to prevent or eliminate an immediate threat to public health,safety,or welfare of persons or property. 9."Material Statement"means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. 10."Misdemeanor"means any criminal violation punishable by up to 90 days in jail and/or a $1,000 .fine. 11."Nuisance"(also referred to herein as "nuisance violation")means but is not limited to: a.A violation of any City of Renton development,land use,public health ordinance or criminal violation of the Renton Municipal Code regulating such areas; b.Doing an act,omitting to perform any act or duty,or permitting or allowing any act or omission,which annoys,injures,or endangers the comfort,repose,peace, health,safety or welfare of others,is unreasonably offensive to the senses,or which obstructs, disrupts or interferes with the free use of property by any lawful owner or occupant or that is unlawful under the Renton Municipal Code;or c.The existence,without limitation,of any of the following conditions: (I)Trash Covered Premises:Any premises containing trash, debris or abandoned materials,except that kept in garbage cans or containers maintained for regular collection,see RMC 8-1-4.B,or litter, garbage,refuse or rubbish on public Of private property,see RMC 6-14; (2)Dangerous Structures:Any dangerous,decaying,falling or damaged dwelling,fence,or other structure; 14 ORDINANCE NO.5196 (3)Potential Vermin Habitat Or Fire Hazard:Any accumulation of material or debris on a property including,but not limited to,animal matter,ashes,bottles,boxes,broken stone,building materials which are not properly stored or neatly piled,cans,cement,crates,empty barrels,dead animals or animal waste,garbage,glass,litter,mattresses or bedding,old appliances or equipment or any parts thereof,furniture,iron or other scrap metal,inoperable machinery or equipment,packing cases, packing material,plaster,plastic,rags,wire,yard waste or debris or overgrown or tall grass more than ten (10)inches in height,overgrown plants or other objects which endanger property or public safety,or constitute a fire hazard or vermin habitat;provided,that nothing herein shall prevent the temporary retention of waste in approved,covered receptacles; (4)Junk Vehicles Or Abandonment Of Vehicles,see RMC 6-1; (5)Attractive Nuisances:Any attractive nuisance which may endanger or prove detrimental to children whether in or on a building or structure,on the premises of a building or structure,on an occupied or unoccupied lot,which is left in any place exposed or accessible to children.This includes unused or abandoned refrigerators,freezers,or other large appliances or equipment or any parts thereof;abandoned or junk motor vehicles;any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation,pit,well,cistern,storage tank, 15 ORDINANCE NO.5196 open crawl space,or shaft;and any lumber,trash,debris or vegetation which may prove a hazard for minors; (6)Obstructions To The Public Right-Of-Way Or megal Use Of Public Property:Use of property abutting a public street or sidewalk or use of a public street,undeveloped right-of-way,or sidewalk which causes any obstruction to vehicular or pedestrian traffic or to open access to the streets or sidewalks,including working on vehicles in the public right-of- way except for emergencies and then only for such time as reasonably necessary to solve such emergency and illegal parking of commercial vehicles on public right-of-way in which all of the adjacent structures are occupied as residential dwellings on the same side of the right-of-way as the area for parking,perRMC 10-10-13;provided,that this subsection shall not apply to events,parades,or the use of the streets or public rights- of-way when authorized by the City.This section includes the existence of drainage onto or over any sidewalk,street or public right-of-way,and the existence of any debris or plant growth on sidewalks adjacent to any property.This section applies to camping on public property except in a designated camping area; (7)Vegetation: a.Vegetation exceeding 12 inches in height (exclusive of plants and flowers within a flower bed or container,shrubbery, or trees)located in any front,back or side yard,adjacent public right-of-way or planting strip,or any vacant property; 16 ORDINANCE NO.5196 b.Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk,or less than 14 feet above a public street; c.Vegetation that obstructs or hinders the use of any public walkway,sidewalk,or street,or that obstructs or obscures the view of traffic or traffic control devices; d.Dead,decaying or diseased trees or branches that pose a threat to human life or property; e.Any growth of noxious weeds or any toxic vegetation;or f Any plant(s),weeds or grass(es)which may be a fire hazard; (8)Illegal Dumping:Dumping of any type by any person on public or private property not registered as a legal dump site; (9)Dumping in Waterways:Dumping,depositing,placing or leaving of any garbage,ashes,debris,gravel,earth,rock,stone or other material upon the banks,channels,beds or bars of any navigable water,or the felling of any tree or trees,so that the same shall in whole or in part project within the high water bank of any navigable watercourse,or the casting,placing,depositing or leaving of any logs,roots,snags,stumps,or brush upon the banks or in the bed or channel of any navigable stream, except when part ofhabitat enhancement under auspices of a governmental agency; 17 ORDINANCE NO.5196 (10)Operation of premises where there is illegal manufacture of liquor,or is maintained as a place for drunks,operated as an illegal gambling house or as a drug house per Chapter 7.43 RCW,or which constitutes a moral nuisance or house of prostitution; (11)Animal Nuisances:Maintaining,harboring or keeping animals which by frequent or habitual howling,yelping,barking or making of other noises,unreasonably annoy or disturb a neighbor,keeping of types or numbers of animals in violation of law,permitting the accumulation of animal waste that is unhealthful or which creates obnoxious odors,keeping of animals in conditions that are unhealthy to the animals,humans or maintaining pests such as caterpillars,vectors, vermin or wildlife on one's property,or allowing dogs to run at large per RMC 6-6-5.C; (12)Beekeeping:The existence of any bees,Africanized honey bees,yellow jackets,hornets,or wasps that harbor in colonies,hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC; (13)Odors:The existence of any strong or offensive odor at the property line including but not limited to rotting or decaying fish or animals,rotting garbage,animal manure or strong chemical smells; (14)Installing,creating or maintaining graffiti; 18 Violation of harbor regulations,Chapter 9-3 RMC; Violation of noise level regulations,Chapter 8-7 RMC; Violations of exterior,onsite lighting regulations in RMC ORDINANCE NO,5196 (15)Anything defined by RCW 7.48,140,Public Nuisance, Chapter T48A RCW,Moral Nuisance,or which constitutes a misdemeanor under RCW 9,66,010 or RMC 6-18-11; (16)Operating a business without the requisite state or local license or business license or operating in violation of code requirements for that license,see RMC 5-5-3.G5,5-8-4,and 6-15-6; (17)Violations ofthe Aquifer Protection Ordinance,RMC 4-9- 015; (18) (19) (20) 4-4-075; (21)Installing,maintaining and/or using an outdoor visible light or other source of illumination which is on private residential property and produces direct illumination across an abutting residential property of such intensity that it unreasonably interferes with the use or enjoyment of the abutting residential property, 12."Omission"means a failure to act 13,"Person"means any individual,firm,association,partnership,corporation or any entity,public or private. 14,"Person responsible for creating,maintaining or permitting"the nuisance means any person who is in possession or control of property,whether as owner,tenant, occupant,or otherwise, 19 ORDINANCE NO.5196 15."Repeat violation"means a violation of the same regulation,rule, ordinance,chapter or section of the Renton Municipal Code or of the Seattle-King County Health Department in any location by the same person,for which voluntary compliance previously has been sought or a criminal citation has been issued,within the immediately preceding twelve (12)consecutive month period. SECTION II.The first paragraph of Section 8-7-3,Public Disturbance,Noises, of Chapter 7,Noise Level Regulations,of Title VIII (Health and Sanitation)of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"is hereby amended to read as follows: It is unlawful for any person knowingly to cause or make,or for any person in possession of property knowingly to allow to originate from the property,unreasonable noise that disturbs another.Noises constituting a public nuisance shaH include,but shall not be limited to,the following sounds or combinations of sounds: SECTION III.This ordinance shall be effective upon its passage,approval,and 30 days after publication. PASSED BY THE CITY COUNCIL this 13 th day of_-'CF-'Cec..;:b:...:::.r:...:::.u-=a-=-r..L.Y__-"2006. Bonnie 1.Walton,City Clerk APPROVEDBYTHEMAYORthis 13th day __F_e_b r u a_r"--,2006. 20 ORDINANCE NO.5196 APpr.d as to form: o<~~~ Lawrence J.Warren,City Attorney Date of Publication:2/1 7/2006 (summa r y) ORD.1226:2/3/06:ma 21 ------~-_._---.-------_.----------------_._-_._-_._---