HomeMy WebLinkAboutORD 5588CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5588
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
1-3-2, CIVIL PENALTIES, AND SUBSECTION 1-3-5M, PENALTIES, OF CHAPTER 3,
REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE), SECTIONS 8-1-4,
UNLAWFUL STORAGE, DEPOSIT, DISPOSAL, SCAVENGING AND HAULING OF
SOLID WASTE, AND 8-1-7, VIOLATIONS OF THIS CHAPTER AND PENALTIES, OF
CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH AND SANITATION), SECTIONS 9-8-
8, HAZARDOUS CONDITIONS ON PUBLIC STREET RIGHT-OF-WAY, AND 9-8-11,
PENALTY, OF CHAPTER 8, SIDEWALK CONSTRUCTION, 9-10-1, PERMISSION
REQUIRED, AND 9-10-12, VIOLATIONS AND PENALTIES, OF CHAPTER 10, STREET
EXCAVATIONS, OF TITLE IX (PUBLIC WAYS AND PROPERTY), OF ORDINANCE
NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", AMENDING THE REGULATIONS REGARDING CIVIL
ENFORCEMENT OF THE RENTON MUNICIPAL CODE, DECLARING CERTAIN
VIOLATIONS A MISDEMEANOR, PROVIDING FOR CIVIL MONETARY PENALTIES,
RESERVING SECTION 8-1-7 AND DELETING SECTIONS 9-8-11 AND 9-10-12.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 1-3-2, Civil Penalties, of Chapter 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 deleted in its entirety and shall be replaced with the
following language:
1-3-2 CODE ENFORCEMENT AND PENALTIES:
A. Purpose: To protect and promote the health, safety, sanitation and
aesthetics in the City of Renton by providing, in normal circumstances, an
expedited and cost-effective process to address code violations, provide for
prompt hearings and decisions, and for the collection of appropriate penalties,
costs, and fees.
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L Code Violations: Violations of RMC Chapters 4-2 (Zoning Districts -
Uses and Standards), 4-3 (Environmental Regulations and Overlay Districts,
except as it relates to Adult Retail and Entertainment, Critical Area, and
Shoreline Master Program Regulations), 4-4 (City-Wide Property Development
Standards), 4-5 (Building and Fire Prevention Standards, except as it relates to
multi-family homes), 4-6 (Street and Utility Standards), 4-9 (Permits - Specific),
4-10 (Legal Nonconforming Structures, Uses and Lots), 5-5 (Business Licenses), 8-
2 (Storm And Surface Water Drainage). 8-4 (Water). 8-5 (Sewers). 8-7 (Noise
Level Regulations), 9-8 (Sidewalk Construction) and 9-10 (Street Excavations),
shall be considered civil code violations under this Section.
2. 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
officers, employees, agents or volunteers, for any injury, loss, or damage
resulting from any action or inaction on their part.
4. RMC 4-5 Multi-family Building Violations Exception: Any person who
commits a violation of the standards adopted in RMC Chapter 4-5 for a multi-
family residential building shall be guilty of a misdemeanor as set forth in Section
1-3-1.
B. Definitions:
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L "Administrator" shall mean the Administrator of the Department of
Community and Economic Development or his or her designee or the designee
of the Mayor and/or the City Council of the City of Renton.
Z "Civil penalty" if mentioned in any code, ordinance or regulation of
the City, or Section thereof, shall be deemed to have the same meaning as the
term "monetary penalty", as used in this Chapter.
3. "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 to this Section of the Code, and/or similar or related Sections of this
Code.
4. "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. Each day that a violation
exists shall constitute a separate violation subject to separate costs.
5. "Finding of Violation" means that after issuing a Warning of Violation,
the CCI or other authorized personnel has found that the condition or violation
still exists and that a Violator has been found to have committed a RMC civil
code violation. The CCI shall inform the Violator of:
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Ii The relevant details that form the basis of the violation,
b. The section or sections of the RMC that have been violated,
c The time in which the violation must be corrected,
d. The fine amount for the violation, and
e. 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 seven (7) days and not
more than twenty (20) days after the serving of the Finding of Violation.
The Finding of Violation is deemed final unless a Violator requests a
hearing before the Administrator under the process detailed in Subsection G,
Opportunity for Hearing.
6_i "Penalties" are any monetary recovery or reimbursement including,
but are not limited to fees and/or assessments. Penalties shall accrue for each
day or portion thereof that each violation occurs. A Violator may be responsible
for multiple penalties for each violation.
Each day that a violation exists shall constitute a separate violation
subject to separate penalties.
7. "Possessor of property", means the owner or the person who has
been granted, given, or through a commercial or financial transaction with the
owner or owner's agent, actual or apparent, control over the property where a
condition is alleged, believed or found to exist, including but not limited to a
house sitter, lessee, renter, or tenant.
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8. "Service", means posting 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 records of the King County
Assessor's Office; or shall 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 is 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 tax paver 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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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 shall 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 a location, property, structure or condition that is
inconsistent with the intent of the Code and/or endangers the health, sanitation
or safety of the residents, neighborhood or the community. Each day that a
violation exists shall constitute a separate violation subject to separate costs
and/or penalties, though multiple violations at one location or by a Violator
should be heard jointly for administrative and fiscal economy-
Violations include but are not limited to:
a. Working without a permit-
fa. Working outside the scope of a permit.
c. Any violation listed under subsection 1-3-2A.1.
d. Zoning violations and/or prohibited uses under RMC 4-2.
A Violator has the duty to provide written notice of any efforts or steps
taken to alleviate, mitigate or correct a violation.
10. "Violator", is any person(s), including but not limited to the possessor
and/or owner of property, any person(s) having any interest in the property,
and/or the property possessor or owner's agent for property where a 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.
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11. "Warning of Violation", is an oral or written warning that provides
notice to a Violator that the CCI has found, seen or discovered a 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, Authority and Voluntary Compliance:
L When a CCI learns of, sees, or finds a RMC civil code violation, if
appropriate in their judgment and experience, the CCI may:
a. Issue a Warning of Violation and ask for immediate voluntary
compliance, or
b. Agree to a schedule for compliance that is no longer than
seven (7) days from the issuance of the Warning of Violation; and
If such compliance cannot reasonably be completed within seven (7)
days, then it must be initiated within seven (7) days and completed, within a
reasonable period of time as determined by the CCI.
2. 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.
3. The City may move forward against more than one Violator.
4. If a Violator fails or is unable to eliminate the violation within that
period of time, 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
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actionable violation, though each violation should be heard jointly for
administrative and fiscal economy.
Q Voluntary Correction Agreement:
L When the City determines that a violation has occurred, the City may
enter into a voluntary correction agreement with any Violator.
2. The Administrator will be responsible for maintaining a procedure to
manage an expedited voluntary compliance process, and for creating a voluntary
correction agreement form or document that must contain, at a minimum:
a. All of the relevant information identifying the Violator(s);
b^ The violation location(s);
c Details about the violation(s);
cL What must be done to eliminate the violation(s);
e. How long the Violator(s) has to eliminate the violation(s);
f. Whether there have been any prior violations involving the
Violator(s) in the City in the last ten (10) years;
g. A signed right of entry to inspect until the violation has been
eliminated, and/or correct or abate the property if the voluntary correction
agreement is not satisfied; and
h_. The minimum amount of civil penalties owned at the point the
agreement is entered.
I In bold print, that if the voluntary correction agreement is not
satisfied, the City may, without any additional notice or hearing, impose any
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remedy authorized by this Chapter; order the abatement of the violation by the
Violator(s), or the City's employees or agents; assess any abatement,
investigation, enforcement costs to the Violator(s) and against the property.
j^ The Violator(s) may request a hearing to challenge the
computation of the costs and/or penalties, and/or the Violator(s) may ask for a
hearing to ask for mitigation of the costs and/or penalties.
Jc If there are multiple requests for a hearing, those hearings
may be consolidated if the Administrator finds it reasonable to do so.
JL The Administrator shall have the same authority as is noted in
Subsection L, Scope of Authority, and the hearing shall be governed by the
provisions of Subsection G, Opportunity for a Hearing.
3. 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 1-3-2D.2.J, 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.
4. The voluntary correction agreement acts as a stay of the accrual of
costs and/or penalties, but they will accrue, backdated to the date of the
voluntary correction agreement, if a Violator fails to eliminate the violation in
accordance with the voluntary correction agreement.
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5^ The voluntary correction agreement must be in writing and signed by
at least one Violator and any disagreement between Violators shall be addressed
between the Violators, and if necessary, in judicial hearings without requiring the
participation or presence of the City of Renton.
6. If a Violator is unable or unwilling to eliminate the violation
immediately, then a voluntary correction agreement is not appropriate.
7. A voluntary correction agreement is not a settlement agreement.
8. The Administrator may grant an extension to a Violator, only if the
Violator has taken prompt and substantial steps to eliminate the violation.
9. The Administrator may use whatever type of voluntary correction
agreement form as is appropriate in his or her judgment to mitigate and
ultimately eliminate the violation. The Administrator or designee may modify
the voluntary correction agreement form on an individual case basis as needed
to best respond to the facts, circumstances and conditions of a violation.
E. Finding of Violation: When a CCI finds a RMC civil code violation, the CCI
shall provide the Violator(s) with a Finding of Violation.
L When a CCI finds a RMC civil code violation, the CCI shall provide the
Violator(s) with a Warning of Violation.
2. If that Warning of Violation does not result in a correction of a
violation by immediate voluntary compliance, or compliance pursuant to a
Voluntary Correction Agreement, the CCI shall provide the Violator(s) with a
Finding of Violation.
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The Finding of Violation is deemed final unless the Violator requests a
hearing before the Administrator under the process detailed in Subsection G,
Opportunity for Hearing.
3. 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 penalties, 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.
The payment of any cost and/or penalty shall be made to the City of
Renton Department of Finance and Information Technology. It is the
responsibility of the Violator(s) to provide the Administrator or CCI with proof
the payment of any costs and/or penalties, as is appropriate.
4 The Violator(s) found to be responsible for a RMC civil code violation
pursuant to a Finding of Violation shall be liable for the payment of any costs
and/or penalties. Payment is due within thirty (30) days of the date on the
Finding of Violation, or within fifteen (15) days after a hearing confirming the
Finding of Violation.
5. If the Violator fails to satisfy one (1) or more term(s) of the voluntary
correction agreement, after a Finding of Violation, the City may, without notice
or further hearings, order the abatement of the violation by the Violator(s), or by
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City employees or agents and assess any other costs related to the investigation,
enforcement and resolution of this process to the Violator(s) and/or against the
property.
<L 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:
i. 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.
ii. That a Violator misrepresented any material or significant
fact in applying for a permit or license.
L 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.
c 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
Subsections G and H below.
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F. Service: Service of the Warning and/or the Finding of Violation is proper
by any means noted in Subsection 1-3-2B.8. The City may serve each Violator
and/or persons having any claim against the title or contractual interest in the
violation property.
G. Opportunity for a Hearing: To further the purpose noted above, while
providing due process, and unless RMC 1-3-2D.3 applies, a Violator may request
a hearing before the Administrator to raise any challenge to the Finding of
Violation, the application of the code and/or to challenge or mitigate the costs
and/or penalties.
L The opportunity for a hearing is available for each violation and
penalty imposed for multiple violations at one (1) site or at multiple sites by one
(1) or more Violators. The scope of hearing is limited to the conditions of the
property at the time the violation was found. Relitigation of previously imposed
costs and/or penalties is prohibited.
2. The Administrator shall decide whether that opportunity to be heard
will be only in writing or in person, or both. The City is not required to call
witnesses to testify at the hearing.
3. The Finding of Violation, if signed and dated by the CCI shall be
deemed admissible evidence to prove the violation. If the Administrator finds a
violation 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.
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4 Any person having violated a voluntary correction agreement under
RMC 1-3-2D shall be deemed to have admitted the violation covered by the
agreement.
5_i If the owner and the possessor 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.
H. 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
penalties, 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 ten (10) business days of the date of the
Finding of Violation. The Administrator shall set the date of the hearing within
ten (10) business days of the received request for a hearing. The decision shall
be entered and mailed or posted no later than fourteen (14) days after the City
received the written request for a hearing.
I. Preponderance of Evidence Standard: The Administrator shall determine
by a preponderance of the evidence whether there is a violation of this Code, if
the costs and/or penalties should be mitigated, or that a violation exists that
must be corrected after considering a Violator's oral and/or written argument(s).
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The penalties shall be considered based on the nature of the offense, the impact
on the neighbors, neighborhood, or community and the need to discourage such
conduct, inactivity or neglect.
J. Hearing Procedure: The Administrator may choose to hear the matter
orally or based solely on the parties' written submissions. 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).
K. Failure to Request, Submit or Appear at a Hearing: The failure to request,
submit a written argument and/or appear at a hearing makes the Finding of
Violation final. The Violator must pay any costs and/or penalties and eliminate
the violation(s) within ten (10) days.
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 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.
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L Scope of Authority: The Administrator may dismiss, confirm, or modify
the Finding of Violation, after the aforementioned hearing, or after the Violator's
failure to request and/or appear at the hearing requiring oral argument.
L The Administrator's Authority: If the Administrator confirms the
violation or modifies the Finding of Violation, the Administrator may:
a. Order the Violator(s) to abate the condition. The
Administrator has the authority to set the time and manner in which the
condition must be abated. The Administrator may order the property abated by
persons working under the City's authority with costs assessed to the Violator(s).
b. When appropriate, enter into and/or approve a voluntary
correction agreement. 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.
c Stay the accrual of costs and/or penalties, only upon an actual
showing a Violator, acting in good faith, is unable to bring the condition into
compliance within the required time.
d, Assess costs and/or civil penalties when the Administrator
confirms or modifies the Finding of Violation.
§i Order that work stop immediately if that work is inconsistent
with a permit or license, has not been approved, is being done without a permit,
or has not been inspected, or a Violator has refused a request to inspect.
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f. Deny a permit or license application or revoke, modify or
suspend any permit or license previously issued when a Violator has failed to
comply with the terms of the permit or license or efforts to bring the condition
or property into compliance, a Violator has exceeded the scope of work set forth
in the permit or license, or if a Violator has failed to undertake the proiect in the
manner set forth in the approved application.
g. For persons with previous or multiple current violations, the
Administrator may forward the new or multiple violations to the prosecutor for
evaluation for prosecution consistent with Subsection P below.
h. In order to enforce the Administrator's decision, the City may
get an order from Superior Court to enter onto a Violator's property for the
purpose of inspecting and/or abating the violation.
Z Cost of Abatement: Where costs are assessed under this Code and a
Violator fails to pay within the thirty (30)-day period, the CCI shall prepare a
written itemized report to the Administrator showing the cost of abatement,
including rehabilitation, demolition, restoration or repair of such property,
including such salvage value relating thereto plus the amount of any outstanding
penalties.
a. A copy of the report and a notice of the time and date when
the report shall be reviewed by the Administrator shall be served on the
Violator(s) at least five (5) days prior to the review by the Administrator, or
verified as being previously provided to the Violator(s). A Violator may submit a
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written explanation why the costs and/or penalties are unreasonable and should
not be assessed.
L 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, authorize collection of that
amount or, in the case of a debt owed bv a Violator and/or property owner, and
when permitted by state law, authorize the placement of an assessment lien on
the property as provided herein.
3. Assessment Lien: Following the authorization by the Administrator,
the City Clerk shall cause to have filed a lien with the King County Auditor, 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.
M. Other Remedies: The procedures noted above are not exclusive and they
do not limit or prohibit the City from remedying, abating or mitigating any
condition that falls under this Chapter by any other means authorized by law or
bv enforcing its findings, remedies, costs, and/or penalties by any means
authorized by law. The City will seek all costs, including attorney's fees, if it must
appear in Superior Court to address a Violator's failure to abate the violation or
failure to pay any costs and/or penalties. 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
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Code, the use of collection agencies, or other civil actions including but not
limited to injunctions.
N. Emergency: Nothing in this Section shall be read to mean, 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 some other appropriate action when:
L 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.
Z 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.
O. Appeal: Decisions of the Administrator that are land use decisions as
defined in RCW 36.70C may be appealed pursuant to RCW 36.70C as it currently
exists or as it is amended in the future.
L To appeal a decision that is not a land use decision, the Violator shall
serve notice on the City and file with the Superior Court the appropriate petition
or motion.
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Z Timeliness: Any appeal of the Administrator's decision must be filed
and served within twenty-one (21) calendar days of the issuance of the decision.
3i Bar to Appeal: 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.
4 The scope of any appeal is limited to the conditions of the property at
the time the violation was found. Relitigation of previously imposed costs
and/or penalties is prohibited.
P. Penalties: The penalties shall be as so defined in Subsection 1-3-2B.6.
L The minimum penalty for the first violation shall be five hundred
dollars ($500), not including costs, or court costs, fees, and assessments.
2. The minimum penalty for the second violation of the same nature or
a continuing violation shall be seven hundred fifty dollars ($750), not including
costs, or court costs, fees, and assessments.
3^ The minimum penalty for the third violation of the same nature or a
continuing violation shall be one thousand dollars ($1,000), not including costs,
or court costs, fees, and assessments.
4 After three (3) prior violations, whether they occurred at the same
time or in succession, the fourth violation shall constitute a gross misdemeanor.
The Administrator and/or CCI has the authority to submit the violations to the
prosecutor for criminal prosecution as provided in RMC 1-3-3E.
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a. The criminal offense shall be for failing to eliminate a violation
after a Finding of Violation or after a confirmation or modification of a Finding of
Violation.
L The prosecutor's burden is to prove beyond a reasonable
doubt as to any Violator cited that in the City of Renton:
I The Violator has had three (3) prior violations under this
Section of the Code; and
ii. The prior convictions were within the last ten (10) years.
Time served in jail is not excluded from the ten (10)- year period.
o 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.
d. A Violator/Defendant shall not be eligible for Electronic Home
Detention or any other alternative to jail time.
e. A Violator/Defendant shall remain responsible for the RMC
civil code violation penalties and/or any costs, not including the cost of
prosecution.
IL. The payment of a monetary penalty pursuant to this Section does not
relieve a person of the duty to correct the violation as requested by the CCI or as
ordered bv the Administrator. The payment of a monetary penalty does not
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prevent the City from asserting that the violation continues to exist or from
asserting that a new violation has been found.
(L It shall be a misdemeanor to impede, delay, obstruct or interfere with
the City's employees or agents designated to perform the abatement. Any
physical efforts to impede, delay, obstruct, or interfere with City employees or
agents will be forwarded to the prosecutor for appropriate criminal filing-
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.
Q. Conflicts: 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.
R. Remedies Are 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 or the Revised Code of Washington.
S. 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 II. Subsection 1-3-5M, Penalties, of Chapter 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 deleted in its entirety and shall be replaced with the
following language:
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ORDINANCE NO. 5588
M. Penalties: It shall be unlawful for any person or persons to occupy or
allowed to be occupied any dwelling, building, structure or premises ordered
vacated under RMC 1-3-3 (Nuisances) or RMC 1-3-5 (Unfit Dwellings, Buildings
and Structures).
To prove a violation of this Section the prosecutor must prove beyond a
reasonable doubt that:
1. A person or persons occupied or allowed to be occupied;
2. Any building, structure or premises;
3. In the City of Renton;
4. That had been ordered vacated under RMC 1-3-3 or RMC 1-3-5. An
order that was made under the authority of or related to RMC 1-3-3 or RMC 1-3-
5. that was valid at the time of the violation, is sufficient to prove this element-
It shall not be a defense that the order was subsequently rescinded, reversed,
withdrawn or vacated.
5. Any person or persons having been found to have violated either of
these Sections shall be guilty of a misdemeanor punishable pursuant to RMC 1-3-
L
SECTION III. Section 8-1-4, Unlawful Storage, Deposit, Disposal, Scavenging and
Hauling of Solid Waste, of Chapter 1, Garbage, of Title VIM (Health and Sanitation) of Ordinance
No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington", is hereby
amended to add a new subsection 8-1-40, to read as follows:
O. Any violation of this Section shall be governed bv RMC 1-3-2.
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ORDINANCE NO. 5588
SECTION IV. Section 8-1-7, Violations of This Chapter and Penalties, of Chapter 1,
Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington", is hereby amended as follows:
8-1-7 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
A person violating any of tho provisions of this Chapter shall bo guilty of a
misdemeanor. Ponaltios for violations of any of the provisions of this Chapter
shall bo in occord with RMC 13 1, as now wordod or horoaftor amended.
Reserved.
SECTION V. Section 9-8-8, Hazardous Conditions on Public Street Right-of-Way, of
Chapter 8, Sidewalk Construction, of Title IX (Public Ways and Property) of Ordinance No. 4260
entitled "Code of General Ordinances of the City of Renton, Washington", is hereby amended
to add a new subsection 9-8-81, to read as follows:
I. Any violation of this Section shall be governed bv RMC 1-3-2.
SECTION VI. Section 9-8-11, Penalty, of Chapter 8, Sidewalk Construction, of Title IX
(Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington", is hereby deleted.
SECTION VII. Section 9-10-1, Permission Required, of Chapter 10, Street Excavations, of
Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of General Ordinances
of the City of Renton, Washington", is hereby amended as follows:
9-10-1 PERMISSION REQUIRED:
It shall be unlawful for any person, firm, corporation or association to
construct, cut up, dig up, undermine, break, excavate, tunnel or in any way
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ORDINANCE NO. 5588
disturb or obstruct any street, alley or any street pavement, street curb,
sidewalk, driveway or improvement in the City without first having obtained
written permission as herein provided; provided, however, that in case of an
emergency occurring outside the regular office hours whenever an immediate
excavation may be necessary for the protection of life or private property, such
matter shall be reported immediately to the Department of Community and
Economic Development of the City, who may thereupon grant permission to
make the necessary excavation upon the express condition that an application
for a permit be made in the manner herein provided, on or before noon of the
next following business day. Any violation of this Section shall be governed by
RMC 1-3-2.
SECTION VIM. Section 9-10-12, Violations and Penalties, of Chapter 10, Street
Excavations, of Title IX (Public Ways and Property) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington", is hereby deleted.
SECTION IX. This ordinance shall be effective upon its passage, approval, and thirty
(30) days after publication.
PASSED BY THE CITY COUNCIL this 7th day of February , 2011.
Bonnie I. Walton, City Clerk
25
ORDINANCE NO. 5588
APPROVED BY THE MAYOR this 7th day of February _, 2011.
Al ;>t,y) US~
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney
Date of Publication: 2/11/2011 < summary)
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