HomeMy WebLinkAboutORD 5831 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 5831
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SECTIONS 1-3-1, 1-3-2 AND 1-6-9 OF TITLE I (ADMINISTRATIVE); 2-9-8 OF TITLE
II (COMMISSIONS AND BOARDS); 4-4-150 AND 4-5-150 OF TITLE IV
(DEVELOPMENT REGULATIONS), 5-5-3, 5-4-1, 5-9-8, 5-10-6, 5-18-6, 5-22-13 AND
5-26-26 OF TITLE V (FINANCE AND BUSINESS REGULATIONS), 6-1-3 AND 6-6-12
OF TITLE VI (POLICE REGULATIONS), 8-1-4 AND 8-5-20 OF TITLE VIII (HEALTH
AND SANITATION) AND 10-2-5 OF TITLE X (TRAFFIC) OF THE RENTON
MUNICIPAL CODE, CLARIFYING REGULATIONS, PENALTIES, AND THE CODE
ENFORCEMENT STRUCTURE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 1-3-1, Criminal Penalties, of Chapter 3, Remedies and Penalties,
of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
1-3-16R�AA�P�A�PENALTIES:
A. n,,,,�;,..,�;�;+„ n�,� o,,,,-,�+;,,�: n.,,,„ .,�„ .-�..,ii: GENERAL PENALTY:
1. �i� Unless otherwise specified, anv person who commits any act
declared by any of the provisions of the Renton Municipal Code to be unlawful
�a� conduct, or any unlawful �� act for which there is no stated
penalty, or who shall fail to comply therewith; or who shall
�. :' violate or fail to comply with any order made thereunder; or who
shall fail to perform anv act or dischar�e anv obli�ation or dutv reauired bv or
imposed upon him or her bv anv ordinance for which there is no stated penaltv:
shall severallv, for each and everv such unlawful act, violation and
noncompliance, respectivelv, be �uiltv of a misdemeanor.
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ORDINANCE N0. 5831
�2. No individual, �roup of individuals, firm, or entitv shall use k�se land
or premises or construct in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken. The penaltv for violatin�
this provision shall be a misdemeanor.;-e�
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B. ADDITIONAL REMEDIES:
This section does not preclude, and is in addition to, administrative and civil
remedies set forth in this code. The char�in�authoritv shall, under the qrovisions
of this code, have the authoritv to pursue remedial remedies, punitive remedies,
or both. If, in the opinion of the char�in� authoritv, a violation of this code mav
be ameliorated throu�h the code enforcement process, then the Citv and its
personnel are authorized to administer that qrocess in accordance with RMC 1-
3-2. If, however, in the opinion of the char�in� authoritv, a code violation
presents a risk to the health, safetv, or welfare of a member(s) of the �eneral
public, or the remedial measures are unnecessary, ineffective, or unsuccessful,
then a criminal remedv mav be sou�ht bv the char�in�authoritv.
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ORDINANCE N0. 5831
�C.CRIMINAL PENALTIES: : Any person convicted of a
criminal violation of any section of the Renton Municipal Code shall be punished
in accordance with RCW 9A.20.021(2) and (3), as now or hereafter amended, for
gross misdemeanors and misdemeanors, with the exception that the imposition
of jail time can be at any appropriate facility and is not limited to a county jail.
Whenever a specific penalty or range of penalties has been established for a
crime by the State Legislature and that crime has been incorporated into the
Renton Municipal Code, either directly or by reference, then the penalty ranges
established by the Legislature shall supersede this provision. R^.,^-^ ,^� +";�
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D. CIVIL INFRACTION:
A violation of anv ordinance which is deemed a civil infraction in this code
shall constitute a class 1 civil infraction pursuant to Chapter 7.80 RCW, and anv
such person shall be assessed a monetarv penaltv of up to two hundred fiftv
dollars ($250.00).
�E. 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.
�F.SUSPENSION OR REVOCATION OF PERMITS,/LICENSES �^^^��^^ ^�
Q,,,,,,,--,+�,,.. n�'o„ ,,,,�+�/i ;,.
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ORDINANCE NO. 5831
In addition to other penalties provided for elsewhere, the City may suspend
or revoke a permit or license if it finds that the applicant or permittee has not
complied with any or all conditions or limitations set forth in the permit, has
exceeded the scope of work set forth in the permit, or has failed to undertake
the project in a manner set forth in the approved application.
SECTION 11. Section 1-3-2, Code Enforcement and Penalties, of Chapter 3, Remedies
and Penalties, of Title I (Administrative) of the Renton Municipal Code, is repealed in its entirety
and replaced with the following:
1-3-2 CODE ENFORCEMENT:
A. SYSTEM OF NON-JUDICIAL ENFORCEMENT:
1. Purpose: To protect and promote the health, safety, sanitation and
aesthetics in the City of Renton by providing, in normal circumstances, an
expedited and cost-effective process to address civil code violations, provide for
prompt hearings and decisions, and for the collection of appropriate fines, costs,
and fees.
2. Authority: Pursuant to RCW 7.80.010(5), the City elects to establish a
non-judicial hearing and determination system to enforce RMC civil code
violations.
3. Not a Basis for Liability: This code does not create or imply any duty
upon the City or any of its officers, employees or volunteers that may be
construed to be the basis of civil or criminal liability on the part of the City, its
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ORDINANCE N0. 5831
officers, employees, agents or volunteers, for any injury, loss, or damage
resulting from any action or inaction on their part.
B. DEFINITIONS:
1. "Administrator" shall mean a City of Renton department
administrator or designee.
2. "Code Compliance Inspector" (CCI) means any City of Renton
employee or City of Renton designee who is directed, authorized, or responsible
for finding, responding to, evaluating or considering violations and/or alleged
violations of the Renton Municipal Code herein.
3. "Cost" includes and is not limited to the recovery of reasonable legal
fees and costs (including but not limited to any legal personnel costs, filing fees,
travel costs, etc.), administrative personnel costs, abatement costs (including but
not limited to filing fees, truck rental fees, hiring or contracting fees, overtime
costs, etc.), actual expenses and costs, and reimbursement for any and all
expenses related to the code enforcement process.
4. "Finding of Violation" is a determination made by the CCI that a
Violator has committed or permitted a violation of the Renton Municipal Code. A
Finding of Violation is a civil code violation, punishable in accordance with the
terms of this section.
5. "Fines" are any monetary recovery or reimbursement related to the
City's civil code enforcement including, but are not limited to, fees and/or
assessments. Fines shall accrue for each day or portion thereof that each
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ORDINANCE N0. 5831
violation occurs. A Violator may be responsible for multiple fines for each
violation. Fines are . intended to be remedial in nature and should be
distinguished from any penalties that may be separately imposed through a
judicial process.
6. "Order to Correct" is an order issued to a Violator(s), after the
Administrator confirms the violation or modifies the Finding of Violation, or if a
voluntary correction agreement is not appropriate or not successful, which
orders the Violator(s) to abate the condition. The Order to Correct shall set the
time and manner in which the condition must be abated.
7. "Person in control" means any person who lives in or stays at a
premises, or any person who literally possesses or has his or her name on a title,
deed, mortgage or an agreement related to the premises, or any person who has
control over the premises, or who is responsible for creating, maintaining or
permitting a code violation, whether as owner, tenant, occupant, or otherwise.
There may be more than one person in control for purposes of this section. If the
person in control is not the legal owner, the person in control and owner are
both jointly liable and subject to the provisions and remedies of this section.
Application of this section against one party does not preclude application to
another party who is an owner or person in control. There is a presumption that
a person in control is aware of or has knowledge of the condition at a premises.
This presumption may be rebutted by substantiated proof of a serious
incapacitating health concern or serious mental defect.
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ORDINANCE N0. 5831
8. "Service" means delivery, either personally or by certified mail, with
return receipt requested, upon all persons having any interest in the property
where the violation exists, as shown upon the taxpayer records of King County;
or shal) post in a conspicuous place on such property a Warning and/or Finding
of Violation stating in what respects such dwelling, building, structure, or
premises is unfit for human habitation or other use, or what condition at such
dwelling, building, structure or premises violates this code. Service by mail is
complete upon deposit to the postal service.
If the whereabouts of any person having any interest in the property
where the violation exists are unknown and the same cannot be ascertained by
the CCI, in the exercise of reasonable diligence, and the CCI makes an affidavit to
that effect, then the serving of such Warning and/or Finding of Violation or order
upon the persons having any interest in the property where the violation exists
may be made either by personal service or by mailing a copy of the Warning
and/or Finding of Violation or order by certified mail, postage prepaid, return
receipt requested, to each person having any interest in the property where the
violation exists at the address of the building involved in the proceedings, and
mailing a copy of Warning and/or Finding of Violation or order by first-class mail
to any address of each person shown as the taxpayer of record in the records of
the King County Assessor at the address shown in such records.
The City may serve a Violator by electronic transmission, by commercial
parcel delivery, or by posting on the property in a conspicuous place and mailing
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ORDINANCE NO. 5831
a copy to the last known address for persons having any interest in the property
where the violation exists. Service on the owner(s) of real property shail be
deemed completed upon mailing to the taxpayer of record at the taxpayer's
listed address in the records of the King County Assessor's Office.
9. "Violation" is an act, error, omission, location, property, structure or
condition that is contrary to any provision of this code and/or endangers the
health, sanitation or safety of the residents, neighborhood or community.
Multiple violations at one (1) location or by a Violator shall be heard jointly for
administrative and fiscal economy.
10. "Violator" is any person(s), entity, or organization(s), including the
possessor and/or owner of a property, any person(s) having any interest in the
property, and/or the person in control or owner's agent for a property where an
RMC civil code violation exists or is alleged to exist, and/or any person(s) who
has received notice of a Warning of Violation and/or a Finding of Violation.
11. "Warning of Violation" is an oral or written warning that provides
notice to a Violator that the CCI has found, seen or discovered an RMC civil code
violation that a Violator has created, permitted to exist, maintained or failed to
eliminate. An oral Warning of Violation should be promptly memorialized.
C. DETERMINATION OF CODE VIOLATION:
When a CCI discovers or is made aware of a RMC code violation, if
appropriate in his or her judgment and experience, the CCI is authorized to
initiate an enforcement action in any of the following ways:
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ORDINANCE N0. 5831
1. Issuance of a Warning of Violation:
a. Upon the discovery of a RMC civil code violation, the CCI is
authorized to issue a Warning of Violation upon the Violator pursuant to any of
the following measures:
i. Issue a Warning of Violation and ask for immediate voluntary
compliance; or
ii. Agree to a schedule for compliance that is no longer than
seven (7) days from the issuance of the Warning of Violation (If compliance
cannot reasonably be completed within seven (7) days, then the Violator must
initiate the process within seven (7) days and come into compliance within a
reasonable period of time as determined by the CCI.); or
iii. Enter into a Voluntary Correction Agreement, pursuant to
RMC 1-3-2.D.1.
b. The Administrator or the CCI has the authority to modify or
rescind the Warning of Violation, based on good cause, such as the elimination
of the violation or the finding that another person or people were the
Violator(s).
c. The City may issue a Warning of Violation or a Finding of Violation
against more than one (1) Violator for a violation of the code.
2. Citation for Finding of Violation:
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ORDINANCE N0. 5831
a. Upon the discovery of a RMC civil code violation, the CCI is
authorized to issue a Finding of Violation upon the Violator. Within the Finding of
Violation, the CCI shall inform the Violator of:
i. The relevant details that form the basis of the violation;
ii. The section or sections of the RMC that have been violated;
iii. The time in which the violation must be corrected;
iv. The fine amount for the violation; and also that,
v. Any Violator who wants a hearing to challenge the Finding of
Violation may have a hearing before the Administrator at Renton City Hall, in a
place to be determined, if appropriate, not less than ten (10) days and not more
than thirty (30) days after the serving of the Finding of Violation.
b. The Finding of Violation is deemed final unless a Violator requests
a hearing before the Administrator under the process detailed in RMC 1-3-2.E.1,
Opportunity for a Hearing. The failure to request, submit a written argument
and/or appear at a hearing makes the Finding of Violation final. If a hearing is
requested, the final determination of the Finding of Violation shall be made by
the Administrator, or his or her designee.
c. The Violator(s) found to be responsible for an RMC civil code
violation pursuant to a Finding of Violation shall be liable for the payment of any
costs and/or fines. Payment is due within thirty (30) days of the date on the
Finding of Violation, or after a hearing confirming the Finding of Violation, if a
hearing is held after a timely request. The payment of any cost and/or fine shall
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ORDINANCE N0. 5831
be made to the City of Renton Department of Administrative Services. It is the
responsibility of the Violator(s) to provide the Administrator or CCI with proof of
the payment of any costs and/or fines, as is appropriate.
d. It shall be the responsibility of the Violator(s) found responsible
for a violation to completely eliminate the violation and to achieve complete civil
code compliance. Payment of civil fines, applications for permits,
acknowledgement of stop work orders, and compliance with other remedies do
not substitute for performing the corrective work required and bringing the
property into compliance to the extent reasonably possible under the
circumstances.
e. If a Violator fails or is unable to eliminate the violation within the
period of time established by the Finding of Violation, and if the violation is
deemed by the CCI to warrant further enforcement, the CCI may issue as many
Findings of Violations as there are violations. Each day that a violation exists shall
constitute a separate and actionable violation, though each violation should be
heard jointly for administrative and fiscal economy.
3. Refer to Prosecutor for Criminal Violation: Upon the discovery of a
RMC civil code violation, the CCI is authorized to refer the matter to the City
Attorney for consideration of criminal charges, where appropriate.
4. Service: Service of the Warning and/or the Finding of Violation is
proper by any means noted in RMC 1-3-2.6.9. The City may serve each Violator
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ORDINANCE N0. 5831
andfor persons having any claim against the titie or contractual interest in the
violatian property.
D. ABATEMENT:
1. Valuntary Correction Agreement: if, pursuant to RMC 1-3-2.B.10, the
City determines that a viaiation has accurred, the City may enter into a voluntary
correction agreement with any Violator. The Administrator, or his or her
designee, shall administer a procedure to manage an expedited voluntary
compliance process.
a. The voluntary correction agreement forrt� or document must
cantain, at a minimum:
i. All of the relevant information identifying the Violator(s};
ii. The vialation location(s);
iii. petails about the violation(s);
iv. What mu�t be done to eliminate the violation{s�;
v. How long the Violator(s} has to eliminate the violation(s�;
vi. Whether there have been any prior violations involving the
Vialator(s) in the City in the last ten (10}years;
vii. A signed right of entry to inspect until the vioiatian has been
eliminated, and/or carrect or abate the property if the voluntary correction
agreement is not satisfied;
viii.The minimum amount of civil fines owned at the point the
agreement is entered; and
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ix. In bold print, that if the voluntary correction agreement is not
satisfied the City may, without any additional notice or hearing, impose any
remedy authorized by this Chapter; order the abatement of the violation by the
Violator(s) or the City's employees or agents; and assess any abatement,
investigation, or enforcement costs to the Violator(s) and against the property.
b. The Violator(s) may request a hearing to challenge the
computation of the costs and/or fines, and/or the Violator(s) may ask for a
hearing to ask for mitigation of the costs and/or fines.
i. If there are multiple requests for a hearing, those hearings
may be consolidated if the Administrator finds it reasonable to do so.
ii. The rules and procedures of the hearing shall be governed by
the provisions of Subsection E, Appeal and Hearing Procedure.
c. As a condition to entering into a voluntary correction agreement,
a Violator expressly waives the right to a hearing, or any other review to
challenge the Finding of Violation, except as noted in RMC 1-3-2.D.1.b, as the
Violator concedes that any violation is a civil code violation under the Renton
Municipal Code, and that the City has the right to use any lawful means provided
by this code or applicable state or municipal law to investigate, enforce and
eliminate the violation. It is presumed to be inappropriate for a Violator to be
able to enter into a second voluntary correction agreement if that Violator has
already failed to comply with a voluntary correction agreement for the same
violation.
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�RDINANCE NO. 5831
d. The voluntary carrection agreement acts as a stay of the accrual
of costs ar�d/or fir�es, but if a Violator faiis to eliminate the violation in
accardance with the valuntary carrectian agreement,the eosts and/or fines shall
become due and payable, and the Violator waives any right to a hearing ta
chatlenge the determination of a violation.
e. The voluntary carrection agreement must be in writing and signed
by at least one (1� Violator. Any disagreement between Violators shaU be
addressed between the Violators and, if necessary, in judicia! hearings without
requiring the participation or presence af the City af Renton.
f. !f a Violator is unable or unwilling ta eliminate the violation
immediately, then a valuntary correction agreement is not appropriate.
g. A voluntary correction agreement is nat a settlement agreement.
h. The Administrator may use whatever type of voluntary correction
agreement form as is appropriate in his or her judgment to mitigate and
ultimately eliminate the violatian. The Administrator may modify the voluntary
correction agreement form on an individual case basis as needed ta best
respond to the facts, circumstances and conditions of a violation. The
Administrator may grant an extension to a Vioiatar only if, in the Administratar`s
judgment, the Violator has taken prompt and substantial steps to eliminate the
violation.
i. If the Vialator fails to satisfy one (1� or more term(s) of the
voluntary correction agreement, after a Finding of Violation, the City may,
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ORDINANCE NC?. 5831
without natice or further hearings, order the abatement of the vialation by the
Violator(s) or by City employees ar agents and assess any other casts related to
the investigatian, enforcement and resalutian o€ this process to the Violator(s)
andjor against the praperty.
2. Order to Correct: If the Administrator confirms the violation or
modifies the Finding of Violation, if the Finding of Violation becomes a final
determination, ar if a valuntary correction agreement is not apprapriate ar not
successful,the Administrator is authorized to take any of the foUowing actions:
a. Order the Violatar(s} ta abate the condition. The Administratar
has the authority to set the time and manner in which the condition must be
abated. The Administrator may order the property abated by persans warking
under the City's authority with costs assessed ta the Violatar(s).
b. Stay the accrual of casts and/or fines, only upon an actual
showing a Violator, acting in good faith, is unable to bring the condition into
compliance within the required time.
c. Assess costs andJor civil fines when the Administrator confirms ar
modifies#he Finding of Viala#ion.
d. Order that work stop immediately if tha#wark is inconsistent with
a permit or iicense, has not been approved, is being dane without a permit, or
has not been inspected, ar a Violator has refused a request to inspect.
e, Deny a permit ar license application or revake, modify or suspend
any permit or license previausly issued v+rhen a Violator has failed to comply wi#h
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ORDINANCE N�. 5831
the terms of the perr»it or license or efforts to bring the condition or praperty
inta campliance, a Violator has exceeded the scope of work set forth in the
permit ar license, or if a Violator has failed to undertake the praject in the
manner set farth in the approved applicatian.
f. In order to enforce the Administrator's decisian, the City may get
an order from Superior Court to enter onto a Violator's property far the purpase
of inspecting and/or abating the violation.
g. It shall be a misdemeanor to impede, delay, obstruct or interfere
with the City's employees or agents clesignated to per€orm the abatement. Any
physical effarts to impede, delay, obstruct, or interfere with City employees or
agents wil) be farwarded to the prosecutor for apprapriate criminal filing.
3. Costs af Abatement: The cost af abatement, cleaning up the
property, removing hazards, and/or bringing the praperty into compliance shall
be borne by the Violator. All costs shall be paid by the Violator to the City of
Renton Departrrtent Administrative Services within thirty (3Q� days fram the final
determination of the Finding of ViaMation.
a. Written Expense Report: Where costs are assessed under this
cade and a Violator fails to pay within the thirty t30) day period, the CCi shafl
prepare a written itemized report to the Administrator showing the cast of
abatement, including rehabilitation, demolitian, restoration or repair of such
property, including such salvage value relating thereta plus the amaunt af any
outstanding fines. A copy af the report and a notice of the time and date when
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the report shall be reviewed by the Administrator shail be served on the
Violator(s) at least five (5) days prior to the review by the Administrator, or
verified as being previously provided to the Violator(s).
b. Determination of Amount Due: A Violator may submit a written
explanation why the costs and/or fines are unreasonable and should not be
assessed. The Administrator shall review the report and such other information
on the matter as it receives and deems relevant. The Administrator shall confirm
or revise the amounts in the report and authorize collection of that amount, or,
in the case of a debt owed by a Violator and/or property owner, authorize a lien
be filed against the property.
c. Assessment Lien: Following the authorization by the
Administrator, when permitted by law, the City Clerk shall cause to have filed a
lien with the King County Recorder's Office, which lien may be foreclosed
pursuant to the laws of the State of Washington. The City may file an action to
reduce the lien to a judgment.
E. APPEAL AND HEARING PROCEDURE:
1. Opportunity for a Hearing:
a. In order to provide due process and to achieve the purpose of this
section, a Violator may request a hearing before the Administrator to raise any
challenge to the Finding of Violation or the application of the code and/or to
challenge or mitigate the costs and/or fines.
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ORDINANCE N0. 5831
b. The opportunity for a hearing is available for each violation and
fine imposed for multiple violations at one (1) site or at multiple sites by one (1)
or more Violators.
2. Appeal Requirements:
a. Timeliness: Any appeal of the Administrator's decision must be
fifed and served within fifteen (15) calendar days of the issuance of the decision.
An appellate petition or motion is barred, and the court may not grant review,
unless the petition is timely filed with the court and timely served on the City.
b. Timing of a Hearing: If a Violator and/or persons having any claim
against the title or contractual interest in the property where the violation exists
wishes to challenge a Finding of Violation, or to challenge or mitigate the costs
and/or fines, that Violator and/or persons having any claim against the title or
contractual interest in the property where the violation exists shall submit a
written request for a hearing within fifteen (15) days of the date of the Finding of
Violation. The Administrator shall set the date of the hearing within fifteen (15)
days of the received request for a hearing. The decision shall be entered and
mailed or posted no later than fifteen (15) days after the City receives the
written request for a hearing. There shall be no fee to appeal a Finding of
Violation.
c. Withdrawal of Request for Hearing: a Violator or multiple
Violators may withdraw their request for a hearing only if each Violator agrees,
and only if it is withdrawn within five (5) days of making the request. They will
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not be charged the costs of the hearing if the request to withdraw their request
is timely. An actual hearing or an untimely request to withdraw a request for a
hearing may result in the costs for a hearing if the Administrator deems it
appropriate and can particularize or itemize or place value to the efforts of the
CCI and/or Administrator.
3. Hearing Procedures:
a. Hearing Procedure: The Administrator may choose to hear the
matter orally or based solely on the parties' written submissions or both. The
Finding of Violation may satisfy the City's burden of production, but the City may
submit additional written testimony. If the Administrator determines that the
matter requires an in-person hearing, such a hearing may be scheduled, and
appropriate and reasonable notice shall be provided to the CCI and Violator(s).
b. Who May Appear: If the owner and the possessor or person in
control of the property are not the same, and if the owner fails to respond in
writing or fails to appear at an oral hearing after service of the Finding of
Violation, there is a presumption that the owner has given the Violator(s) the
authority to act as his/her agent for purposes of the hearing or that the owner
has chosen not to participate.
c. Scope of Hearing: The scope of the hearing is limited to the
conditions of the property on the date listed on the Finding of Violation.
Relitigation of previously imposed costs and/or fines is prohibited.
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ORDlNANCE Nd. 5831
d. Prepanderance of Evidence Standard: The Administrator shall
determine by a preponderance of the evidence whether there is a violation of
this cade, if the costs andJor fines should be mitigated, or that a violation exists
that must be corrected after considering a Violator's oral andjor written
argument(s}. The Finding of Violation, if signed and dated by the CCi, shall be
deemed admissible evidence to prave the violation. If the Administrator
cancludes a vialation was committed after reviewing the Finding of Violation,
then the burden of persuasion shall shift to the Violator(s) to show by a
preponderance of the evidence that a violation has not occurred. The City is nat
required to caN witnesses to testify at the hearing.
e. Finai Determinatian: The Administrator, after reviewing the
written submissions, exhibits, testimony, and other admitted evidence, may
dismiss, confirm, or modify the Finding of Vialation, after the afarementioned
hearing, or after the Vialator's failure to request and/or appear at the hearing
requiring oral argument. The Administrator's decisian is deemed final, and may
only be appealed in accordance with the provisians af this code.
f. #mpositian of Fines:The fines for a committed Finding of Violation
shall be considered based on the nature of the offense, the impact on the
neighbars, neighborhood, or community and the need to discourage such
canduct, inactivity or negiect. The Administratar is authorized to impose fines up
to and including the maximum fines, ar to mitigate the fines, as the
Administrator sees fit based on the criteria herein. The payment of a fine does
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ORDINANCE NO. 5831
not prevent the City from asserting that the violation continues to exist or from
asserting that a new violation has been found.
F. PENALTIES:
1. Finding of Violation: A committed Finding of Violation, as described
in this section, is a civil code violation, and Violator(s) may be issued a fine of up
to two hundred fifty dollars ($250). Nothing in this section is intended to limit or
prevent the pursuit of any other remedies or penalties permitted under the law,
including criminal prosecution. The payment of a fine pursuant to this section
does not relieve a potential Violator of the duty to correct the violation as
requested by the CCI or as ordered by the Administrator.
2. Criminal Penalty: Failing to comply with an Order to Correct, after a
Finding of Violation, is a misdemeanor, punishable according to the terms for a
criminal penalty pursuant to RMC 1-3-1.
a. The prosecutor's burden is to prove beyond a reasonable doubt as
to each Violator, that:
i. The Violator owns or was the person in control of a property
in the City of Renton; and
ii. The Violator received a Finding of Violation and an Order to
Correct that Violation related to that property; and
iii. The Violator failed to eliminate the violation within the time
period prescribed by the Finding of Violation.
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ORDINANCE NO. 5831
b. If a Violator/Defendant is found guilty beyond a reasonable doubt,
the Violator/Defendant shall serve no less than five (5) days in jail for the first
conviction, no less than ten (10) days for the second conviction, and no less than
thirty (30) days for any subsequent conviction. A Violator/Defendant shall not be
eligible for Electronic Home Detention or any other alternative to jail time.
c. A Violator/Defendant shall remain responsible for the RMC civil
code violation fines and/or any costs, not including the cost of prosecution.
G. ADDITIONAL REMEDIES:
1. Emergencies: Nothing in this section shall be read to limit or prohibit
the City from taking any appropriate action when an emergency or dangerous or
potentially dangerous location, property, structure or condition exists in the City.
Not as a limitation, but for the purpose of clarification, the City may abate,
declare unsafe or unfit, or take some other appropriate action when:
a. Dangerous condition: A violation poses an immediate danger to
safety, health, or welfare of the possessor of the property, occupants, neighbors,
neighborhood, community, public utilities or the environment. The City shall
assess costs and file a lien or seek a judgment, if such action is required.
b. Vacant Premises: After inquiry, if it appears that a premises has
been vacated and the owner and any person in control cannot be located or
refuses to abate the code violation and the premises are either not secured
against entry or have been entered by trespassers, the City, pursuant to its
community caretaking and police powers, may enter the premises, secure the
22
ORDINANCE N0. 5831
premises against entry, and place a lien against the property for its
administrative costs, to include materials, staff time, attorney's fees, and
whatever additional costs may accrue in order that the premises may be
secured.
c. Costs: If the Superior Court or court of competent jurisdiction
decides, grants, and/or agrees that emergency action is warranted by the City,
the City shall seek costs if such action is required.
2. Remedies Not Exclusive: The remedies noted in this section are not
exclusive and may be used in conjunction with any other remedies provided or
allowed under the Renton Municipal Code, the Revised Code of Washington, or
any other provision of law.
a. The City is not prohibited from remedying, abating or mitigating
any condition that falls under this section by any other means authorized by law
or by enforcing its findings, remedies, costs, and/or fines by any means
authorized by law.
b. The City will seek all costs, including attorney's fees, if it must
appear in a court of law to address a Violator's failure to abate the violation or
failure to pay any costs and/or fines. Unless otherwise precluded by law, the
provisions of this section may be used in lieu of or in addition to other
enforcement provisions, including, but not limited to, other provisions in this
code, the use of collection agencies, or other civil actions including but not
limited to injunctions.
23
ORDINANCE N0. 5831
3. Permit Authority: The City, without a hearing, may suspend, revoke
or modify any valid permit or license issued by the City if or when it reasonably
believes:
a. That a Violator knows, or reasonably should know, of a violation,
but the Violator continues to violate the permit or license or exacerbate a
violation, and the CCI makes a finding of an imminent threat or substantial threat
to safety, health, or welfare of others, property of others or City property
including, but not limited to, utilities such as water and sewage; or
b. That a Violator misrepresented any material or significant fact in
applying for a permit or license.
c. The City, without a hearing, may deny a request for a permit or
license or to renew a permit or license when it reasonably believes that without
a valid permit or license a Violator knows or knew of, or reasonably should know
or should have known, of a violation, but continues to work, operate, or
exacerbate a violation without a valid permit or license.
d. Any revocation, suspension, modification or denial of a permit or
license under this Section shall allow the person who possessed or sought the
relevant permit or license and had the permit or license revoked, suspended,
modified or denied an opportunity for a hearing in a manner detailed in RMC 1-
3-2.E.1.
H. CONFLICTS:
24
ORDINANCE N0. 5831
In the event of a conflict between this and any other provision of this code or
City ordinance providing for a civil penalty, the more specific provision shall
control.
I. SEVERABILITY:
If any one (1) or more subsections or sentences of this section are held to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this section and the same shall remain in full force and
effect.
SECTION III. Section 1-6-9, Penalty, of Chapter 6, Code of Ethics, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
1-6-9 PENALTY:
Any person who wilfully, knowingly and intentionally violates any provisions of
this ��e section, shall be guilty of a misdemeanor ���.".�!!, ���
senvisTien�he�ea{T��c� .., ,. ,,,.... ::a� e�see�ing—{;;a��;,�R,���;
/Crnn nn1 .,,- M., ,. .r.�++�.J +., ;��1 F.,. -, .,.J .,,,+ � ,,..,.,.J��.. r .,+., lon\ .J-.
. �
"� ^"^''��^�' "., "^+" ����" ��^^ ,^�' � ^+; and penalized in accordance
with RMC 1-3-1. +� .,,�,�:+.,,., +„ +�„ c,,.,,,,,,��., „�i;,. „��,,.c-.i f„�.�,� .. ,ci+., „�
,
�^����'�{;�� { +"• ^ �'• ee shall �erfei� anTrigh� �e�s�ee, vvl�e�k�c�
a�� vrv�vc�v„ v� u�io viam�u�T
el.,..+:..., ., .,+�.... .. L,., .d.,+.,..�.�...,.J 4... +6,., .. ..; .,� ♦L.o +�,..
..� ..,. ...:� .,..� ..< <..c ���c �cn ccr�cc
25
ORDINANCE N0. 5831
SECTION IV. The first sentence of subsection 2-9-8.C, Civil Violations, of Chapter 9,
Parks Commission, of Title II (Commissions and Boards) of the Renton Municipal Code, is
amended as shown below. Subsections 2-9-8.C.1 through 18 shall remain as currently codified.
C. Civil �s Infractions: Unless otherwise posted, or approved by the
Administrator, it shall be a civil �r+e�ie�infraction to do any of the following in a
park:
SECTION V. Subsection 2-9-8.E.2, Civil Violations, of Chapter 9, Parks Commission, of
Title II (Commissions and Boards) of the Renton Municipal Code, is amended as follows:
2. Civil �4ela�+e�s Infractions: Those park rules and regulations identified
as civil �+s�a�fe�s infractions are punishable pursuant to RMC �� 1-3-1. For
enforcement purposes, law enforcement and staff may cite to this Section or the
park rules and regulations pamphlet.
SECTION VI. Section 4-4-150, Violations of This Chapter and Penalties, of Chapter 4,
City-Wide Property Development Standards, of Title IV (Development Regulations) of the
Renton Municipal Code, is amended as follows:
4-4-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
Unless otherwise specified, violations of this Chapter are misdemeanors, subject
to RMC 1-3-1�.
SECTION VII. Section 4-5-150, Violations of this Chapter and Penalties, of Chapter 5,
Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended as follows:
4-5-150 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
26
ORDINANCE NO. 5831
Unless otherwise specified, violations of this Chapter are �����' �^{�,�+�^^�
misdemeanors, subject to RMC 1-3-1�.
SECTION VIII. Section 5-4-1, Required Age for Licensing and Penalty for Violation, of
Chapter 4, Animal Licenses, of Title V (Finance and Business Regulations) of the Renton
Municipal Code, is amended as follows:
5-4-1 REQUIRED AGE FOR LICENSING AND PENALTY FOR VIOLATION:
A. It shall be unlawful to own or keep a dog or cat of more than four (4)
months of age within the City unless the owner or custodian thereof shall have a
valid animal license for each such animal.
B. A violation of this section shall constitute a civil infraction punishable as
set forth in Section �-�--� 1-3-1 of this code.
SECTION IX. Subsection 5-5-3.G.6, Infraction, of Chapter 5, Business Licenses, of Title
V (Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
6. '^„m,���Operatin� a Business Without a License: It shall be illegal
for any business enterprise and/or license holder to fail to obtain or maintain a
business license and yet conduct business within City limits. Each business, its
owner or agent who fails to obtain or maintain a business license, in addition to
the fines/penalties contained in subsection G.2 of this section as it exists or may
be amended, shall be guilty of a ' misdemeanor, and subject to the
penalties of RMC�-�-�1-3-1, as it exists or may be amended.
SECTION X. Section 5-9-8, Penalties, of Chapter 9, Leasehold Excise Tax, of Title V
(Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
27
ORDINANCE N0. 5831
5-9-8 PENALTIES:
Any person, firm or corporation violating any provisions or terms of this Chapter
shall upon conviction thereof be guilty of a misdemeanor and h^,���c:: � �;::�:
+►.., . ,
n�t r�e�� �..,... ...::P��°o7— aTs, er ��ab7es� t�-�e�� sac� #+�e a+a�
penalized in accordance with RMC 1-3-1.
SECTION XI. Section 5-10-6, Penalties, of Chapter 10, Sales and Use Tax, of Title 5
(Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
5-10-6 PENALTIES:
Any seller who fails or refuses to collect the tax as required with the intent to
violate the provisions of this Section or to gain some advantage or benefit, either
direct or indirect, and any buyer who refuses to pay any tax due under this
Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be
�;�,,,� ., „ +ti.,.. f;,,,, ti.,.,.�..,,.� a„ii-,.-.- �tcnn nn� „ ,� �,..- .,�� .,..�
*",� .,... ',�}-men�hs, er-"��--"pQt�-��s�i {�^^ ^a ^} penalized in
accordance with RMC 1-3-1.
SECTION XII. Section 5-18-6, Violation; Penalty, of Chapter 18, Lodging Tax, of Title 5
(Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
5-18-6 VIOLATION; PENALTY:
It is unlawful for any person, firm or corporation to violate or fail to comply with
any of the provisions of this chapter, and such violation shall constitute a
misdemeanor. Every person convicted of a violation of any provision of this
28
ORDINANCE NO. 5831
chapter shail be _ ... ,. .,..... . .
„'^''*`^^ `'"'" "" " `'`''^�^�' � ^^,�,+^ ^�'�^��� penalized in accordance with
RMC 1-3-1.
SECTION XIII. Section 5-22-13, Violation -Penalty, of Chapter 22, Special Event Permits,
of Title 5 (Finance and Business Regulations) of the Renton Municipal Code, is amended as
follows:
5-22-13 VIOLATION-PENALTY:
Failure to abide by any and all requisite conditions set forth in this chapter shall
be a�civil infraction subject to penalties and conditions of RMC�-�-� 1-3-1.
SECTION XIV. Subsection 5-26-26.B of Chapter 26, Tax Administrative Code, of Title 5
(Finance and Business Regulations) of the Renton Municipal Code, is amended as follows:
B. Violation of any of the provisions of this chapter is a gross misdemeanor.
Any person convicted of a violation of this chapter
n r,� n n IC nn� • • + + +., ,� I��
�e e�see��ne-�k�e�sa„a-�-�1;��R�;,,;-r�;�-;,���o ��ssa��r7
„^,r r "^+" �;^^ ,^,� ; ^+ shall be penalized in accordance with RMC
, ^
1-3-1. Penalties or punishments provided in this chapter shall be in addition to all
other penalties provided by law.
SECTION XV. Subsection 6-1-3.J, Penalties, of Chapter 1, Junk Vehicles Or
Abandonment Of Vehicles, of Title VI (Police Regulations) of the Renton Municipal Code, is
amended as follows:
29
ORDINANCE NO. 5831
J. Penalties: Any person violating subsection A of this Section shall be guilty of
a misdemeanor �����' �^���^*�^^, and subject to the penalties of RMC 1-3-�1, as it
currently exists or is hereafter amended.
SECTION XVI. Section 6-6-12, Wild or Dangerous Animals, of Chapter 6, Animals and Fowl
at Large, of Title VI (Police Regulations) of the Renton Municipal Code, is amended as follows:
6-6-12 PROHIBITED ANIMALS:
A. Wild or Dan�erous Animals: The keeping of wild or dangerous animals is
prohibited, with the exception of dangerous dogs under the provisions of RMC 6-6-
n . .,I-.+c„h ,.�+M�� c,,,.+�„n ,-�..,11 .- �,.+:+..�,. .. ��h�.-I,-.�,I„ 4.., � �';..,, „F
S. .,......�..... .. ....���. �.............
, , •
B. Roosters and Peahens/Peacocks: The keepin� of roosters or
peahens/peacocks is prohibited.
C. Violation and Penaltv: A violation of this Section shall constitute a
misdemeanor punishable in accordance with RMC 1-3-1.
SECTION XVII. Subsection 8-1-4.0 of Chapter 1, Garbage, of Title VIII (Health and
Sanitation) of the Renton Municipal Code, is amended as follows:
O. Any violation of this Section shall be a ' misdemeanor, and
subject to the penalties of RMC �-3-� 1-3-1, as it currently exists or is hereafter
amended.
SECTION XVIII. Section 8-5-20, Penalties for Violations of Regulations, of Chapter 5,
Sewers, of Title VIII (Health and Sanitation) of the Renton Municipal Code, is amended as follows:
30
ORDINANCE N0. 5831
8-5-20 PENALTIES FOR VIOLATIONS OF REGULATIONS:
A. It shall be ��-a �ross misdemeanor for any person to maliciously,
knowingly, wilfully or negligently break, damage, destroy, uncover, deface or
tamper with any structure, appurtenance or equipment which is part of the City
sewage works.
B. Any person violating any provision of this Chapter or who shall fail to do
any act he is required to do under the provisions of this Chapter shall upon
conviction be �"^"'h�d k��r � fin�nnt ri� ^��^�*{' � � � a II ltcnn nn1 .,
a �,�-�oo-ool-Qr
i
qenalized in accordance with RMC 1-3-1. Each day any violation of
this Chapter shall continue shall constitute a separate offense.
SECTION XIX. The first sentence of section 10-2-5, Operating Violations, of Chapter
2, All-terrain Vehicles, of Title X (Traffic) of the Renton Municipal Code, is amended as follows:
It shall be �E a civil infraction, pursuant to RMC 1-3-1, for any person to
operate any all-terrain vehicle:
SECTION XX. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City's official newspaper. The summary shall
consist of this ordnance's title.
PASSED BY THE CITY COUNCIL this 23�d day of January, 2017.
�
Jaso A. Se , C' Clerk
31
C?RDINANCE NC?. 5831
APPROVED BY THE MAYOR this 23�d day of January, 2017.
n�
Denis Law, Mayar
Approved as ta form:
� `,`��111tii1flttlf�l///
,...��`a F,,,R,E,k�ra�,,ff,
c��"�i1.'G�-.�.,�s�,-- �� , ;
� , .
. �
Lawrence 1. Warren, City Attorney : - ���� � * =
= i` 's «. �
: �
Date of Publication: 1/27/2017 (summarvl '"r, �.��'��,, ,���'~�°j*c'�
`''����4��A�RATECt�����```~~.
ORD:1$82:12/22/16:scr ���„�3}
32