HomeMy WebLinkAboutORD 5752 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5752
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE)
OF THE RENTON MUNICIPAL CODE, BY CLARIFYING AND UPDATING NUISANCE
DEFINITIONS AND REGULATIONS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Subsection 1-3-3.A, Purpose, of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows:
A. Purpose: Unlawful, unkempt, unsafe, unsanitary, improperly maintained
premises, properties, sidewalks and easements, premises where illegal and/or
code violating conduct occur, and nuisances and chronic nuisance properties
within the City, create potentially grave habitability, health, safety, sanitation,
and welfare concerns for the City, its residents and guests, and for the value and
economic well-being of the premises and properties and premises and/or
property owners in Renton.
These nuisances are a financial burden on the City because repeated calls
for service, complaints or requests for investigations and/or inspections of
suspected nuisances require the time and resources of the City administration,
the Renton Police Department, the City Attorney Department and the court.
Therefore, it is the purpose and intent of the City, in enacting this Chapter, to
ameliorate nuisances and hold those persons responsible criminally and
financially accountable.
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ORDINANCE NO. 5752
The purpose of this Chapter is to provide the City's representatives with
the necessary powers to prevent, remedy and/or abate nuisances and to charge
those responsible for the abatement costs. This Chapter is a reasonable and
proper exercise of the City's police power with a rational relationship toward
fostering or preserving the public peace, safety, health, morals or welfare
X12, :719 "^; 419 °.2d 993 (19664, and it shall be liberally construed to effect
this purpose. This Chapter's remedies are not exclusive and remedies available
under federal, state or local law may also apply.
Consistent with RCW 35.80.030(7) (entitled Permissible Ordinances —
Appeal), the City of Renton is (a) prescribing minimum standards for the use and
occupancy of dwellings throughout the municipalityeF #y, (b) prescribing
minimum standards for the use or occupancy of any building, structure, or
premises used for any other purpose, (c) preventing the use or occupancy of any
dwelling, building, structure, or premises, that is injurious to the public health,
safety, morals, or welfare, and (d) prescribing punishment for the violation of
any provision of such ordinance. Renton's authority includes but is not limited to
RCW 35A.21.160 which grants to code cities "all of the powers of which any city
of any class may have" and RCW 35.22.280(30) which permits a city to declare
and abate nuisances and to impose fines upon those responsible for nuisances.
SECTION II. Subsection 1-3-3.13.1, "Abate", of Chapter 3, Remedies and Penalties, of
Title I (Administrative) of the Renton Municipal Code, is amended as follows:
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1. "Abate" means to clean, eliminate, remove, repair or otherwise
remedy a condition that amounts to a nuisance under this Chapter by such
manner, means, and to the extent as an Administrator or law enforcement
officer determines is reasonably necessary to protect the general health, morals,
safety and welfare of the City of Renton, and/or its citizens or guests.
SECTION III. Subsection 1-3-3.13.4, "Calls for service", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
4. "Calls for service" means calls or communications to 911, including
but not limited to Valley Communications, and/or calls or communications
directly to the Renton Police Department or one of its officers, or the viewing of
an offense by an officer. Calls for service, as that term is used in the definition of
"chronic nuisance premises," does not include incidents that have no nexus to or
that are unrelated to the chronic nuisance premises, its resident(s), owner(s),
guests, patrons, or calls for general information.
SECTION IV. Subsection 1-3-3.B.5.b, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
b. Any action against a "chronic nuisance premises" and/or its
owner, managing agent or person in control for a violation under subseetien
RMC 1-3-3.B.5.a.i of this S t6 does not preclude the use of those nuisances or
criminal activities to find a violation of `ubseetwen RMC 1-3-3.B.5.a.ii or iii e#t#is
Seeder; and a violation under subsectien RMC 1-3-3.B.5.a.i and/or ii of this
See-t+ee does not preclude the use of those nuisances or criminal activities to find
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ORDINANCE NO. 5752
a violation of swbseet*en RMC 1-3-3.B.5.a.iii of this Seeti ^ as long as all of the
nuisances or criminal activities occurred during the applicable time period. If any
of the incidents that make up a "chronic nuisance" constitute a criminal offense,
the incident may be charged separately as a criminal offense.
SECTION V. Subsection 1-3-3.13.6, "Criminal violation", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
6. "Criminal violation" means any violation punishable under RCW
9A.20.021(2) or (3) (Maximumn+„r,.^.- f^. ..,, ted Duly 1 1984, and
SECTION VI. Subsection 1-3-3.13.10, "Drug-related activity", of Chapter 3, Remedies
and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
10. "Drug-related activity" means any activity at a premises that
violates Chapter 69.41 RCW (Legend Drugs), Chapter 69.50 RCW (Uniform
Controlled Substances Act), Chapter 69.51A (Medical Marijuana) or 69.52 RCW
(Imitation Controlled Substances), Chapter 69.53 RCW (Use of Buildings for
Unlawful Drugs) or any applicable federal, state or local law regulating the same
general subject-matter, aS it ntly exists ^ S heFeaft ,meAded.
SECTION VII. Subsection 1-3-3.13.11, "Emergency", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
11. "Emergency" means any situation which an Administrator or law
enforcement reasonably believes requires immediate action to prevent or
eliminate an immediate threat to public health, morals, safety, or welfare of
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ORDINANCE N0. 5752
persons or property in the City of Renton, or to evaluate a condition immediately
after a life-threatening or actual loss of life situation has occurred.
SECTION VIII. Subsection 1-3-3.13.13, "Gross misdemeanor', of Chapter 3, Remedies
and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
13. "Gross misdemeanor" means any criminal violation punishable
under RCW 9A.20.021(2), aS it 6UFFently exists eF iS heFeafteF aMeAded.
SECTION IX. Subsection 1-3-3.13.17, "Misdemeanor", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
17. "Misdemeanor" means any criminal violation punishable under
RCW 9A.20.021(3), as it ntly exists OF s hereaft-er amended.
SECTION X. The first sentence of subsection 1-3-3.13.19, "Nuisance", of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
19. "Nuisance" (aaSe FefeFred to herein as or "nuisance violation")
means but is not limited to:
SECTION XI. Subsection 1-3-3.B.19.d, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
d. Violation of any section of the RMC identified as unlawful and/or
a nuisance under Development Regulations (RMC Title IV), Finance and Business
Regulations (RMC Title V), Police Regulations (RMC Title VI), Health and
Sanitation (RMC Title VIII), Public Ways and Property (RMC Title IX), Traffic (RMC
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ORDINANCE NO. 5752
Title X), or public health or morals ordinance or criminal law, as it ,.UFFently exists
SECTION XII. Subsection 1-3-3.B.19.e, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
e. Anything defined by RCW 7.48.140 (Public nuisances
enumerated), Chapter 7.48A RCW (Moral nuisances), or which constitutes a
misdemeanor under RCW 9.66.010 (Public nuisance) or RMC 6-18-11 (Breach of
the Public Peace), as it ntly exists . S hereafter am end ed.-
SECTION XIII. Subsection 1-3-3.B.19.g.iii, Dumping in Waterways, of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
iii. Dumping in Waterways: Any violation of RMC 6-14-10 (Litter
in Lakes and Fountains), WAC 332-30-117.6 (Waterways), WAC 332-30-139.3
(Marinas and moorages), WAC 332-30-163.9, 10 and 13 (River management),
WAC 332-30-166.1 and 2 (Open water disposal sites), WAC 332-30-171.4
(Residential uses on state-owned aquatic lands), or any dumping of materials,
waste, chemicals, or other substances in or near waterways, aS it 6UFFently exists-
OF is heFeafter ,
SECTION XIV. Subsection 1-3-3.13.22, "Person in control", of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
22. "Person in control' means any person who possesses;or has control
over the premises, or who is responsible for creating, maintaining or permitting
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ORDINANCE NO. 5752
the nuisance, whether as owner, tenant, occupant, or otherwise. There may be
more than one person in control for purposes of this Chapter. ("Possess" in this
context means to live in, or stay at a premises, and/or to literally possess or have
their name on a title, deed, mortgage or an agreement related to the
premises.) If the person in control is not the legal owner, the person in control
and owner are both jointly liable for any chronic nuisance. Both the owner and
person in control are 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 of a chronic nuisance
premises. There is a presumption that a person in control is aware of or has
knowledge of the condition at a premises as well as whether there are any
nuisances or chronic nuisances at the premises. This presumption may be
rebutted by substantiated proof of a serious incapacitating health concern or
serious mental defect.
SECTION XV. Subsection 1-3-3.B.27.a, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
a. Which has been damaged, or is decaying or falling by:
i. Any cause including but not limited to fire, uncommon neglect,
water, weather, or earth movement, general disrepair, instability, structural
defects, defects increasing the hazards of fire, accidents, or other calamities,
inadequate ventilation and uncleanliness, inadequate electrical, natural gas,
water or sanitary facilities, inadequate drainage, overcrowding, and
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ORDINANCE NO. 5752
ii. Which is not fit for occupancy, or
iii. Due to other conditions which are inimical to the health and
welfare of the City of Renton's residents.
SECTION XVI. Subsection 1-3-3.B.27.f, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is deleted in its entirety.
SECTION XVII. Subsection 1-3-3.C.1, of Chapter 3, Remedies and Penalties, of Title I
(Administrative) of the Renton Municipal Code, is amended as follows:
1. In control of a premises to permit, suffer, maintain, carry on or allow
upon such premises or any portion of the premises t#eree#:
a. A nuisance; or
b. A chronic nuisance premises. if the peFSeA „A+.-.,I
leg ewneF, the peFS9A *rrEATr I Rd- A-vi"er are—both je ncly liable fE)F any
E 1 ee. Beth the i6iNneF-and peFSeA i- eeAtFE)l -arFe subje'et to the
SECTION XVIII. Subsection 1-3-3.D, Prosecution and Penalties, of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
D. Prosecution And Penalties: When an Administrator or law enforcement
officer in consultation and with the approval of a--the City Attorney's Office
PF9se6Ut9F determines that a nuisance, chronic nuisance, or chronic nuisance
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ORDINANCE NO. 5752
premises exists, ^r that- ^h - .- ee 9F a Awls Rc-ethat also constitutes
criminal conduct has occurred or is occurring, the City may issue a criminal
citation to the person in charge of the chronic nuisance property ander to any
person involved in the chronic nuisance or nuisance. if the peFSeA 6H ChaFge
semeene etherr-the vwne•, .. se the Githld attempt to etify the a
.,mpri
based en the ad-d-ress A-P file viith the King County Assess9F, about the nawFe a
the ru+sa ee-and file-E 1 tGh ges ga. t peteR( )on ehaFge. The City
prosecutor's approval shall not be an element of the offense or a basis for
appeal.
1. The City may issue a criminal citation when appropriate, including but
not limited to the following circumstances:
a. When an emergency exists; or
b. When a chronic nuisance occurs; or
c. When the nuisance cannot be quickly remedied by voluntary
correction; or
d. When the person in charge knows or reasonably should have
known that the nuisance violates a City rule, regulation or ordinance; or
e. The person in charge refuses to communicate, cooperate with the
City in correcting the nuisance, or is unavailable to the City..; or
f. When a nuisance that constitutes a crime has occurred or is
occurring.
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ORDINANCE NO. 5752
2. The violation of any of the provisions listed above is a misdemeanor
and may result in criminal prosecution in addition to possible administrative or
civil penalties or costs.
3. Each such person shall be guilty of a separate offense for each and
every day during any portion of which any violation of any provision of the RMC
is committed, continued, or permitted by any such person, and such person shall
be punished accordingly and to the full extent of the law.
a. The first criminal violation shall have a mandatory minimum
sentence of five (5) days in jail without the option of electronic home detention,
and the minimum penalty for the first violation shall be five hundred dollars
($500), not including costs, court costs, fees, and assessments; however, if such
person brings the property into full compliance as determined by the prosecutor,
the court shall have the authority, at the prosecutor's request, to impose a
deferred or suspended sentence in lieu of the mandatory minimum sentence of
five (5) days in jail;
b. The second criminal violation shall have a mandatory minimum
sentence of fifteen (15) days in jail without the option of electronic home
detention, and the minimum penalty for the second violation shall be six
hundred twenty-five dollars ($625), not including costs, court costs, fees, and
assessments;
c. The third criminal violation for any individual shall have a
mandatory minimum sentence of thirty (30) days in jail without the option of
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ORDINANCE NO. 5752
electronic home detention, and the minimum penalty for the third violation shall
be seven hundred fifty dollars ($750), not including costs, court costs, fees, and
assessments; and
d. All other criminal violations shall have a mandatory minimum
sentence of forty-five (45) days in jail without the option of electronic home
detention, and the minimum penalty shall be one thousand dollars ($1,000), not
including costs, court costs, fees, and assessments.
4. Penalties Against The Person In Control: A person in control of a
premises, including but not limited to landlords, property owners, business
owners, and property managers, shall ensure that +tithe premises, rental or
leased property is not used for criminal conduct. The failure to eliminate or
prevent chronic criminal conduct or chronic criminal use of a premises
committed by a tenant, guest, owner or a person in charge on premises may
result in a criminal citation to the owner and/or person in control. A person in
control of a premises is presumed to know what is occurring in, on, or around
the premises. Additional notice is not required. However, if a person in control
is notified by the City or by law enforcement that criminal conduct has occurred
on the premises, the person in control shall take reasonable steps to reduce the
likelihood that criminal conduct will reoccur on the premises.
a. When possible, notification should include the following:
L The name and address of the person in control;
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ii. The name ewes of any the persons whe weFe responsible
for the nuisance;
iii. The day(s) of the nuisance;
iv. The street address or other description sufficient for
identification of the premises or property upon or within which the nuisance has
occurred or is occurring; and
v. A concise description of the nuisance and a reference to the
violated law, ordinance, rule or regulation.
vi. A failure to take reasonable steps shall constitute nuisance.
by eeriified mail to the last-k --d'.^g3 the per3aR(� ehaFge, I n dleF d,
a-rR;-S d-P.m.P;;A A r er-
I. n peFSeA iAA491.
sox-(6) ea I is ferSew+Eethat have e-ee-Wred-oTexist d H Fi Ag a R y--si cty (may--may
peFied, ten (10) OF FneFe- fer SeWirze that have OC-6UFFed OF exist d- i - I
ene hundFed and eighty (!80) day peFi^�'�erteen14 eI�eT
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ORDINANCE NO. 5752
After—being sent Fietiee e r
W-.b. It shall be an affirmative defense that the person in control
must plead and prove beyond a preponderance of the evidence that (a) the
person has taken reasonable steps to reduce the likelihood that criminal conduct
will occur in or on the premises or rental housing or property, as or consistent
with the conditions provided in subseetie;-RMC 1-3-3.F.8 of this Seeti ^, or (b)
had no knowledge of, was not in contempt of court, and will immediately abate
any such nuisance that may exist.
SECTION XIX. Subsection 1-3-3.F.1, Applicability, of Chapter 3, Remedies and
Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows:
1. Applicability: After a conviction or finding of guilt for a violation of
this Section of the code or any criminal RCW or RMC code, the City of Renton
may abate or request that the person in control abate the premises. The
conviction or finding of guilt is sufficient to satisfy due process requirements and
to establish that a nuisance is exists or has occurred at the referenced premises.
SECTION XX. Subsection 1-3-3.F.5, Voluntary Abatement Agreement, of Chapter 3,
Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as
follows:
5. Voluntary Abatement Agreement: It is a contract between the City
and at least one (1) person in control where such person agrees to abate the
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nuisance within a specified time and according to specified conditions, in
exchange, if successful, for not having a nuisance or criminal action initiated.
SECTION XXI. This ordinance shall be effective upon its passage, approval, and thirty
(30) calendar days after publication.
PASSED BY THE CITY COUNCIL this 9th day of February , 2015.
Jason . Seth, Cit I r'-k
APPROVED BY THE MAYOR this 9th day of February , 2015.
e
Denis7 Law, Mayor
Approved as to form: ,;0""'!tiII1li11111������f
p p
V� OZ
SEAL[.
Lawrence J. Warren, City Attorney
Date of Publication: 2/13/2015 (summary)
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