HomeMy WebLinkAboutORD 5629CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5629
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF ORDINANCE
NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,
WASHINGTON", BY AMENDING AND ADDING DEFINITIONS, REGULATIONS
REGARDING CHRONIC NUISANCES AND MAKING THEM UNLAWFUL CONDUCT,
GROSS MISDEMEANORS AND MISDEMEANORS.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Section 1-3-3, Nuisances, 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:
A. PURPOSE:
Unlawful, unkempt, unsafe, unsanitary, improperly maintained premises,
properties, sidewalks and easements, premises where illegal and/or code
violating conduct occur, 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,
1
ORDINANCE NO. 5629
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.
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 (consistent with and as explained in
County of Spokane v. Valu-Mart. 69 Wn.2d 712, 719-720: 419 P.2d 993 (1966)).
and it shall be liberally construed to affect this purpose. This Chapter's remedies
are not exclusive and remedies available under federal, state or local law may
also apply.
Consistent with RCW 35.50.030(7) (entitled Permissible Ordinances -
Appeal), the City of Renton is (a) prescribing minimum standards for the use and
occupancy of dwellings throughout the municipality or county, (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.
2
ORDINANCE NO. 56?.g
B. DEFINITIONS:
For the purposes of this Chapter, unless it is plainly evident from context that
a different meaning is intended, the following words and phrases shall be
defined as follows, and the singular and plural of each word shall be
interchangeable when necessary to carry out the intent of this Chapter:
L "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.
2. "Act" means doing, finishing, performing, or preparing to do
something.
3^ "Administrator" means a City of Renton department administrator or
designee.
4. "Calls for service" means calls to 911, including but not limited to
Valley Communications, and/or calls directly to the Renton Police Department
or one of its officers. Calls for service, as that term is used in the definition of
"chronic nuisance premises" does not include incidents that are unrelated to the
premises, its resident(s), owner(s), or guests, or calls for general information.
5^ "Chronic nuisance premises"
as it relates to single-family or duplex housing or an individual
apartment unit, means a property on which any of the following exist:
3
ORDINANCE NO. 5629
L Six (6) or more calls for service occur or exist during any sixty
(60)-day period; or
1L Ten (10) or more calls for service occur or exist during any one
hundred and eighty (180)-day period; or
ILL. Fourteen (14) or more calls for service occur or exist during
any twelve (12)-month period;
b. Any action against a "chronic nuisance premises" for a violation
under 5.a.i does not preclude the use of those nuisances or criminal activities to
find a violation of 5.a.ii or S.a.iii; and a violation under 5.a.i and/or 5.a.ii does not
preclude the use of those nuisances or criminal activities to find a violation of
S.a.iii as long as all of the nuisances or criminal activities occurred during the
applicable time period.
6_i "Criminal violation" means any violation punishable under RCW
9A.20.021 (2) or (3) (Maximum sentences for crimes committed July 1,1984, and
after) as it currently exists or is hereafter amended.
7. "Code Compliance Inspector" (CCD or "Code Enforcement Officer"
(CCO) means any person authorized by an Administrator to investigate or inspect
for code violations.
8^ "Control" means the ability to dominate, govern, manage, own or
regulate a premises, or the conduct that occurs in or on a premises;
iL "Development" means the alteration, demolition, enlargement,
erection, maintenance or use of any premises or the alteration or use of any land
4
ORDINANCE NO. 5629
above, at or below ground or water level, and all acts authorized by a City
regulation or ordinance.
10. "Drug-related activity" means any activity at a premises that violates
69.41 RCW (Legend Drugs), 69.50 RCW (Uniform Controlled Substances Act).
69.51A (Medical Marijuana) or 69.52 RCW (Imitation Controlled Substances),
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 currently exists or is
hereafter amended.
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
persons or property in the City of Renton.
12. "General Public" means the City of Renton, any of its communities or
neighborhoods, or more than one (1) neighbor and/or their guests.
13. "Gross Misdemeanor" means any criminal violation punishable under
RCW 9A.20.021 (2), as it currently exists or is hereafter amended.
14. "Hearing Examiner" means an individual authorized to hear
administrative appeals and designated matters for the City of Renton.
15. "Incurred Expense" includes, but is not limited to, actual, direct or
indirect, appeal costs, fees and expenses; attorney, expert, filing and litigation
costs, fees and expenses; hearing costs and expenses; copy, documentation, and
investigation costs and expenses; notice, contract and inspection costs and
5
ORDINANCE NO. 5629
expenses; personnel expenses; hauling, disposal and storage costs and expenses;
preparation, travel and parking costs, fees and expenses; photocopying, mailing
and service costs and expenses. All such costs and expenses shall constitute a
lien against the affected property, as set forth in subsection G.6 of this section.
16. "Material Statement" means any written or oral statement
reasonably likely to be relied upon by a public servant in the discharge of his or
her official powers or duties.
11. "Misdemeanor" means any criminal violation punishable under RCW
9A.20.021 (3), as it currently exists or is hereafter amended.
18. "Monetary penalty" means any cost, fines or penalties related to
violation of this Chapter, including but not limited to actual fines or penalties to
be paid as a result of a nuisance.
19. "Nuisance" (also referred to herein as "nuisance violation") means
but is not limited to:
a. "Moral" or "public" nuisances, even if the extent of the damage is
unequal, that is detrimental to the general public.
b. Any unreasonable interference with the general public's common
right, such as unlawfully obstructing the free use of public property, or any act or
omission that adversely and unreasonably impacts the general public's ability to
enjoy private property;
6
ORDINANCE NO. 5629
c. Violation of any federal, state or county regulation, land use,
navigation, public health or morals ordinance or criminal law, whether adopted
or not by the City of Renton;
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
Title X), or public health or morals ordinance or criminal law, as it currently exists
or is hereafter amended.
e. Anything defined by RCW 7.48.140 (Public nuisances
enumerated), RCW 7.48A (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 currently exists or is hereafter amended;
f. Acting, failing to act, permitting or allowing any act or failure in
the use of a rental premises for criminal purposes. Both the person in charge
and the owner(s) of the premises shall be responsible for the nuisance;
g. For clarity, nuisances that violate RMC 1-3-3B.18 include but are
not limited to any of the following conditions:
L Beekeeping: The existence of any bees, yellow jackets,
hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not
authorized by ordinance or statute and are not in full compliance with Chapter
15.60 RCW (Apiaries) or Chapter 16-602 WAC (Apiaries);
7
ORDINANCE NO. 5629
ii. Dumping: Any violation of RMC 6-14-9 (Litter in Parks), RMC 6-
14-16 (Dropping Litter from Air Craft). RMC 6-18-20M (Littering), RMC 8-1-4
(Unlawful Storage, Deposit, Disposal Scavenging, and Hauling of Solid Waste),
RMC 4-6-030H (Discharge Prohibition), RCW 70.95.240 (Unlawful to dump or
deposit solid waste without permit - Penalties - Litter cleanup restitution
payment), and any applicable rule or regulation.
Mi. Dumping in Waterways: Any violation of RMC 6-14-9 (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 currently exists
or is hereafter amended:
iv. Vegetation:
(a) Vegetation exceeding twelve inches (12") in height
(exclusive of plants and flowers within a flower bed or container, shrubbery, or
trees) located in any front, back or side yard, adjacent public right-of-way or
planting strip, or any vacant property;
(b) Vegetation such as overhanging limbs or branches that are
less than eight feet (8') above a public walkway or sidewalk, or less than fourteen
feet (14') above a public street;
8
ORDINANCE NO. 5629
(c) Vegetation that obstructs or hinders the use of any public
walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or
traffic control devices;
(d) Cut vegetation that is left on property, including but not
limited to trees, shrubs or plants, that has not been placed in a yard-waste or
otherwise disposed of lawfully;
(e) Dead, decaying or diseased trees or branches that pose a
threat to human life or property;
Ifl Fire hazard grass(es), plant(s), or weed(s); or
(g) Noxious weeds or any toxic vegetation growth.
v. Nuisances that do not affect the general community or more
than one household are private nuisances and are not regulated under this
definition.
vL No lapse of time can legalize a nuisance, public nuisance,
moral nuisance or chronic nuisance.
h. The following shall not constitute public nuisances:
i. Compost piles less than four feet (4') in height and six feet (6')
in diameter at ground level, and 30 feet (30') or more from any dwelling, and
four feet (4') or more from adjoining properties;
[L Storm debris within thirty (30) days following a storm event;
9
ORDINANCE NO. 5629
Mi. Construction residue and debris during and for fourteen (14)
days following completion of work, unless the residue and/or debris is
substantially or unreasonably impacting the general public;
iV-i Fallen leaves, tree needles, tree fruit and similar vegetation,
during the months of October through April, inclusive, except when located on
public sidewalks;
Yi The accumulation and temporary storage, in containers
designated for such purposes, of recyclable materials pursuant to a program of
recycling adopted by the City; provided, however, that such containers must not
be publicly visible or they must be made available to the City's garbage or recycle
contractor within fourteen (14) days after having been filled to fifty percent
(50%) or more of their capacity;
yj. Uncultivated, uncut or untended weeds, grass, bushes or
other vegetation not constituting a health or fire hazard, existing in a natural
state on undeveloped, agricultural, native growth easement or defined critical
areas such as wetlands, streams, and steep slopes.
20. "Omission" means a failure to act, complete, or to perform a legal
duty.
21. "Person" means any individual, firm, association, partnership,
corporation or any entity, public or private.
22. "Person in control" means any person who possesses, has control
over the premises, or who is responsible for creating, maintaining or permitting
10
ORDINANCE NO. 5629
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).
23. "Rental property" means any premises or that is rented or intended
to be rented, possessed whole or in part by a tenant, occupant, or otherwise,
other than the owner, regardless of the manner of remuneration or the absence
of remuneration. The owner in this context is any person or business entity,
including but not limited to corporations, limited liability entities, and
partnerships that own, operate, manage, maintain or control rental housing or
rental property. The following are not rental housing or property:
a. A retail, commercial or industrial rental, unless someone is
permitted to reside, sleep or stay overnight in that premises:
b. A registered and licensed nursing home; or
c. A properly registered and licensed assisted living facility.
24. "Premises" means any building, factory-built house, dwelling, house,
mobile home, property, rental unit or property, or portion thereof, including but
not limited to, any structure used as a residential or commercial property, built
for the support, shelter or enclosure of any persons, animals, chattels or
property. "Premises" and "property" may be used interchangeably in this
chapter. As a result, "premises" may also mean lot, tax parcel, real estate or
land, or portions thereof.
11
ORDINANCE NO. 5629
25. "Premises for illegal activities" means any premises operated,
used or permitted to be used for prostitution, the illegal manufacture of liquor,
illegal gambling, illegal drug usage, illegal drug selling, trading or dispensing
pursuant to Chapter 7.43 RCW, or is maintained as a place for persons who
appear to be under the influence of a controlled substance or alcohol. It also
means a premises operated, used or permitted to be used for gang or gang-
related activities. Each illegal act shall constitute a separate violation. Each
individual engaging, participating, permitting, or facilitating the illegal act(s) is
subject to this ordinance.
26. "Tenant" means any person, who does not own the premises,
who occupies a dwelling, mobile home, or premises primarily for the purpose of
living, residing or staying there.
27. "Unfit" or "Abandoned Premises" means any premises:
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, and
]L Which is not fit for occupancy; or
b. Has been abandoned or unoccupied by lawful tenants for a
period of ninety (90) days or more; or
c Has repair costs that equal or exceed the fair market value of
the premises once repaired; or
12
ORDINANCE NO. 5629
d. When the owner of the unfit or abandoned premises shows
no intention of completing or making substantial progress on completing such
repairs within ninety (90) days.
This intention must be manifested in the form of cooperation
and/or coordination with City code compliance inspectors, having and offering
detailed blueprints if the premises is being rebuilt or repaired, and having
obtained permits to demolish, repair, and remove a premises.
§i For purposes of this section, ninety (90) days is calculated
from the date that the damage occurred.
L. Alternatively, an abandoned or unfit premises is any premises
which:
i. is unfit for human habitation, and
ii. is unfit for other uses due to danger, decay, disrepair,
instability, structural defects, defects increasing the hazards of fire, accidents, or
other calamities, inadequate ventilation and uncleanliness, inadequate electrical,
water or sanitary facilities, inadequate drainage, overcrowding, or
liL due to other conditions which are inimical to the health
and welfare of the City of Renton's residents.
28. "Value" as used herein shall be the valuation placed upon the
building or structure for purposes of general taxation.
C. NUISANCE DECLARED UNLAWFUL:
It shall be a misdemeanor for any person(s):
13
ORDINANCE NO. 5629
1. In control of a premises to permit, suffer, maintain, carry on or allow
upon such premises or any portion thereof:
a. A public and/or moral nuisance: or
b. A chronic nuisance 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.
2. For any person or persons to occupy or allowed to be occupied any
premises ordered vacated under RMC 1-3-3. To prove such a violation the City
must prove beyond a reasonable doubt that:
a. A person or persons occupied or allowed to be occupied:
b. Any premises;
c In the City of Renton;
PL That had been ordered vacated under RMC 1-3-3 or this Section.
An order that was made under the authority of or related to RMC 1-3-3 or this
Section, 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.
14
ORDINANCE NO. 5629
e. Any person or persons having been found to have violated either
of these Sections shall be guilty of a misdemeanor punishable pursuant to RMC
1-3-1.
3. For any person or persons to permit, suffer, maintain, own, carry on
or allow an unfit or abandoned premises as defined in subsection B.27.
D. PROSECUTION AND PENALTIES:
When an Administrator or law enforcement officer in consultation and with
the approval of a City prosecutor determines that a chronic nuisance premises
exists, or that a chronic nuisance or a nuisance that 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 and to any person involved in
the chronic nuisance or nuisance. If the person in charge is someone other than
the owner, the City should attempt to notify the owner, based on the address on
file with the King County Assessor, about the nature of the nuisance and file
criminal charges against person(s) in charge. The City prosecutor's approval shall
not be an element of the offense or a basis for appeal.
L 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
15
ORDINANCE NO. 5629
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.
Z 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
16
ORDINANCE NO. 5629
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
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 for shall be one thousand dollars
($1,000), not including costs, court costs, fees, and assessments.
4j. Penalties against the person in control: A person in control shall
ensure that its rental property is not used for criminal conduct. The failure to
eliminate or prevent chronic criminal conduct or chronic criminal use of a
premises committed bv 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. 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;
17
ORDINANCE NO. 5629
iL The name or names of the persons who were responsible
for the nuisance;
iii. The day(s) of the nuisance;
iy. 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.
b. The notification may be provided whenever the law
enforcement officer has at least a reasonable suspicion that criminal conduct
has occurred on the rental property.
c Notice is deemed provided when it is personally served or
served by certified mail to the last known address of the person(s) in charge,
landlord, and/or owner of the premises or rental housing or property.
d. It shall be a misdemeanor for:
I A person in control;
ii. To permit, allow, maintain, fail to eliminate nuisances
and/or six (6) calls for service that have occurred or exist during any sixty (60)
day period, ten (10) or more calls for service that have occurred or exist during
any one hundred and eighty (180) day period, or fourteen (14) or more calls
for service that have occurred or exist during any twelve (12)-month period:
and
18
ORDINANCE NO. 5629
ILL After being sent notice bv an Administrator or law
enforcement officer.
iy. 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 subsection F.8 of this Section, or (b)
had no knowledge of, was not in contempt of court, and will immediately
abate any such nuisance that may exist.
E. ADDITIONAL ENFORCEMENT PROCEDURES:
The provisions of this Chapter are not exclusive, and may be used in
addition to other enforcement provisions authorized by the RCW, RMC or
other applicable, law, rule or provision.
F. VOLUNTARY ABATEMENT:
li 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 or has occurred at the referenced premises.
2. This Section shall also apply to a person in control of rental housing or
a property owner who is taking steps to eliminate or reduce the likelihood of
19
ORDINANCE NO. 5629
criminal, gang or gang-related activities in or around the premises or rental
housing.
3. General: With some exceptions, the Administrator or law
enforcement officer will initially request that a person in charge agree to
voluntarily abate a nuisance.
If the Administrator or law enforcement officer reasonably believes that
person in charge refuses to agree, fails to answer, fails to cooperate, or is or
makes him or herself unavailable, the City is not required to wait before
compelling compliance.
4. Agreeing to Voluntarily Abate a Nuisance: A person in control may
agree to voluntarily abate a nuisance with the approval of an Administrator or
law enforcement officer.
If a person in control is a tenant seeking voluntary abatement, the tenant
shall endeavor to also notify the property owner about the nature of the
nuisance violation and the proposed voluntary abatement.
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
nuisance within a specified time and according to specified conditions, in
exchange, if successful, for not having a nuisance action initiated.
6^ The Voluntary Abatement Agreement should include the following:
a. The name and address of the person(s) in control;
20
ORDINANCE NO. 5629
b. The name or names of the persons who were responsible for the
nuisance, if known;
c The day(s) or duration of the nuisance;
d. The street address or other identification of the premises upon or
within which the nuisance has occurred or is occurring;
e. A description of the nuisance and a reference to the violated law,
ordinance, rule or regulation;
f. The abatement option(s) available, and a date and time by which
correction must be completed;
g. Signatures of one or more person(s) in control and the City, acting
through the appropriate Administrator or law enforcement officer;
jr. An agreement by the person in control that grants consent for the
City to enter and inspect the premises without a warrant as may be necessary to
determine complete compliance with the Voluntary Abatement Agreement;
i. An agreement by the person in control that the City may abate
the nuisance and recover its costs and expenses (including, but not limited to its
attorney fees, expert witness fees, filing fees and court costs) and/or a monetary
penalty pursuant to this Chapter from the person in control if the person in
control fails to do so;
j. By entering into the Voluntary Abatement Agreement, the person
in control waives the right to contest the nuisance at a hearing before any court
21
ORDINANCE NO. 5629
or hearing examiner under this Chapter or otherwise, regarding the matter of
the nuisance and/or the required corrective action; and
k. The person(s) in charge that signs the Voluntary Abatement
Agreement, assumes complete responsibility for entering into the agreement,
and if any other person(s) in charge or third-party makes a claim against the City
for the abatement of the property, the signing person(s) in charge agrees to hold
harmless the City, its representatives, agents, employees, and/or volunteers, and
to indemnify any of the above if a claim is successfully made against them.
7. In the context of rental housing or property the landlord and rental
manager(s) of the rental housing or property must show proof that they have
attended an approved landlord training class concerning rental property
management, crime-free property, and tenant screening. The class may be in
person or on-line as long as it is approved by the King County Sheriffs Office or
the Renton Police Department.
8. A person in charge of a premises or rental housing is encouraged to
take steps to eliminate or reduce the likelihood that the premises is used as a
premises for illegal activity. Those steps include but are not limited to:
a. Attending approved landlord training;
b. Pursuing eviction to judgment whether the eviction proceeding is
successful or not.
c Requesting law enforcement's assistance: The person(s) in charge
must cooperate with law enforcement and must make reasonable measures to
ORDINANCE NO. 5629
implement the suggested methods to reduce the recurrence of criminal conduct-
Assistance may include, but is not limited to:
L Providing some information about the unlawful conduct on or
in the premises and/or rental housing;
ii. Permitting and/or assisting law enforcement officers to speak
directly with the tenant;
iii. Providing resources to assist in the eviction of the tenant.
9^ Extension And Modification: An Administrator may grant an extension
of the time limit for abatement or a modification of the required corrective
action if the person(s) in control has shown due diligence and substantial
progress in correcting the nuisance, but unforeseen circumstances delayed
abatement under the original conditions.
G. CITY ABATEMENT (INVOLUNTARY ABATEMENT):
L 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 a
nuisance condition or premises when:
a. The terms of Voluntary Abatement Agreement pursuant to
subsection F have not been met; or
b. One or more person(s) in control fails to or refuses to enter into a
voluntary abatement agreement pursuant to subsection F.5; or
23
ORDINANCE NO. 5629
c It learns of or receives a judgment and sentence or equivalent
proof or evidence that the person(s) in charge have been convicted of a nuisance
and the nuisance is related in some form to the premises; or
cL The nuisance is subject to summary abatement as provided for in
subsection G.3.
2. Standards for Repair, Vacation or Demolition:
a^. The following standards shall be followed when ordering the
evacuation, repair, or demolition of an unfit premises:
L If an unfit premises can reasonably be repaired so that it will
comply with the terms of this Chapter, it must be repaired or demolished.
ii. If an unfit premises is in such condition as to make it
dangerous to the health, morals, safety or general welfare of its occupants,
neighbors or the general public, it must be vacated and repaired or demolished.
in. If an unfit premises is fifty percent (50%) or more damaged,
decayed, or deteriorated in value, it shall be demolished.
i_v. If an unfit premises cannot be repaired so that it will comply
with terms of this Chapter it shall be demolished.
\L If an unfit premises is a fire hazard, existing or erected in
violation of the terms of this Chapter, the RMC, or any the laws of the State of
Washington, it shall be demolished, provided the fire hazard is not abated by the
owner within a reasonable time (which shall be no more than sixty (60) days).
24
ORDINANCE NO. 5629
b. If the unfit premises is to be demolished, it must be immediately
vacated and secured, and after it is demolished the land shall be suitably filled
and cleared.
c. Complaint: If a CCI or Administrator finds that a premises is unfit,
he or she may, initiate a abatement action by:
L A attempting to serve the person(s) in charge either
personally or, if personal service cannot be obtained, bv first class and certified
mail, with return receipt requested: and
ii. Posting in a conspicuous place on such premises a complaint
stating why it is unfit for human habitation or other use, together with the
abatement action to be taken and the fees and costs to be paid; or
iii. If the whereabouts of such person(s) in charge are unknown
and cannot be ascertained in the exercise of reasonable diligence, the City shall:
(a) Make an affidavit to that effect, and
(b) Serve the complaint or order upon such person(s) in
control by either bv personal service or by mailing a copy of the notice and
orders by certified mail, postage prepaid, return receipt requested, to each
person at the address appearing on the last equalized tax assessment roll of the
county where the unfit premises is located, or at the address known to the
county assessor;
(c) A copy of the notice and order shall also be mailed,
addressed to each person in control, at the address of the unfit premises
25
ORDINANCE NO. 5629
involved in the proceedings, if different, and to each person or party having a
recorded right, title, estate, lien, or interest in the property; and
(d) A copy of the complaint shall be posted in a conspicuous
place on the property.
iy. The complaint shall contain:
(a) A notice that a hearing will be held before the director at a
place therein fixed;
(b) Not less than ten (10) days nor more than thirty (30) days
after the service of such complaint:
(c) That all parties in interest may file an answer to the
complaint, appear at, give testimony or call witnesses, at the time and place
fixed in the complaint; and
(d) A copy of such complaint shall also be filed with the
auditor of King County, and such filing of the complaint or order shall have the
force and effect of a lis pendens.
3. Summary Abatement: The provisions of this Chapter shall not prevent
the director or any other officer of the City of Renton or other governmental unit
from taking any other action, summary or otherwise, necessary to eliminate or
minimize an imminent danger to the health or safety of any person or property.
The City may summarily abate, without prior notice, any nuisance that
constitutes an immediate threat to the public health, safety or welfare or to the
environment. No right of action shall lie against the City, its agents, officers,
26
ORDINANCE NO. 5629
employees, or volunteers for actions reasonably taken to prevent or cure any
such immediate threats.
4. Authorized City Action: Using any lawful means, the City may enter
upon the subject premises or property and may remove or correct the nuisance
which is subject to abatement. The City may seek judicial process required to
abate such nuisance.
5^ Monetary Penalty: Any monetary penalty incurred to correct the
nuisance, shall be paid by the person(s) in control to the City within ten (10)
calendar days following actual service or mailing by first class mail.
6. Lien - Authorized: The City shall have a lien for any monetary penalty
related to the abatement, abatement investigation or abatement litigation
against the premises or real property where the abatement work was
performed. The lien shall be subordinate to all previously existing special
assessment liens imposed on the same premises or real property and shall be
superior to all other liens, except for state and county taxes, with which it shall
be on parity.
a. A lien for any monetary penalty, including the cost of abatement
proceedings under this Chapter, shall be filed for record with the King County
Department of Records and Elections or County Auditor against the premises or
real property where the work of abatement was performed. A lien under this
Chapter shall be filed within ninety (90) days from the later of the date that the
27
ORDINANCE NO. 5629
monetary penalty is due or the date the work is completed or the nuisance
abated.
b. The lien shall contain sufficient information regarding the criminal
violation, a legal description of the property to be charged with the lien and the
owner of record, and the total amount of the lien.
c. Any lien under this Chapter shall be verified by the applicable
administrator or law enforcement officer, and may be amended from time to
time to reflect changed conditions or monetary amount.
d. No liens filed under this Chapter shall bind the affected property
for a period longer than ten (10) years, without foreclosure or extension agreed
to by the property owner.
7. Abatement By Civil Lawsuit: Whenever a nuisance exists, or voluntary
correction of a nuisance has failed, or when a nuisance has continued, or when
summary abatement is not merited, the City may proceed by a civil lawsuit in the
King County Superior Court to enjoin and abate the nuisance in the manner
provided by Chapter 7.48 RCW, as now or hereafter may be amended.
& If the City obtains an order of abatement, an injunction or a similar
remedy, the City shall be entitled to recover all costs of abatement set forth in
subsection G.6 of this Section, including but not limited to any monetary penalty
imposed.
9. If the person(s) responsible for the costs of abatement fail(s) to remit
in a timely manner, the City may file a lien against the real property for the cost
28
ORDINANCE NO. 5629
of any abatement proceedings under this Chapter, except no lien shall attach to
the real property if the person in control was found not responsible. A notice of
the City's lien specifying the expenses incurred in abating the nuisance and giving
the legal description of the premises sought to be charged shall be filed with the
County Auditor within ninety (90) days from the date of the abatement. Such
lien may at any time thereafter be collected in the manner provided for
foreclosure of mechanic's liens under the laws of the State of Washington.
10. Appeal of the Costs of Abatement:
a. Any person sent an invoice for the costs due for the abatement of
a nuisance may request a hearing to determine if the costs should be assessed,
or reduced.
b. A request for a hearing shall be made in writing and filed with the
City Clerk no later than ten (10) calendar days from the date of the invoice.
c Each request for hearing shall contain the address and telephone
number of the person requesting the hearing and the name and/or the name
and address of any person who will be present to represent him or her.
d. Each request for hearing shall set out the basis for the appeal.
e. Failure to request a hearing within ten (10) calendar days from
the date of the invoice shall be a waiver of the right to contest the validity of the
costs incurred in abatement of the violation.
f. If a hearing is requested, the hearing examiner will conduct the
hearing no more than eighteen (18) calendar days after the hearing examiner or
29
ORDINANCE NO. 5629
administrator issues the Notice of Hearing, unless the hearing examiner or
administrator finds good cause to continue the matter to another date.
& If a hearing is requested, the hearing examiner or administrator
shall mail a notice giving the time, location, and date of the hearing, by first class
mail, to the person or persons to whom the invoice for the costs of abatement
was directed.
h. The hearing examiner shall conduct a hearing. The administrator,
as well as the person to whom the invoice for abatement costs was directed,
may participate as parties in the hearing and each party may call witnesses. The
City shall have the burden at the hearing is to establish, by a preponderance of
the evidence (meaning "more likely than not"), that the abatement costs were
reasonable.
i. The hearing examiner shall issue an order and determine whether
the costs of abatement were reasonable and necessary. The hearing examiner
may uphold the amount billed for the costs of abatement, or reduce the amount
billed, but the hearing examiner may never reduce the costs of abatement below
the amount that has verified, proven or reasonably established.
i, The order of the hearing examiner is the final administrative
decision.
11. Any court of competent jurisdiction may retain authority over any abated
property as is appropriate and as provided by law. The City of Renton will not
take ownership unless it is for the purpose of abating and then liquidating any
30
ORDINANCE NO. 5629
abated property for the purpose of recovering abatement costs or any other
monetary costs, penalties and/or assessments.
H. 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.
L SEVERABILITY:
If any one (1) of more subsections or sentences of this Chapter are held to
be unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this Chapter and the same shall remain in full force and
effect.
L PERMIT REQUIRED:
Any work including construction, repairs or alterations under this Chapter
to rehabilitate any building or structure may require a permit in accord with
the provisions of RMC Title 4.
JL RULES AND REGULATIONS:
The director may make and promulgate such rules and regulations as will
effectuate the purposes of this Chapter and do substantial justice.
SECTION II. Section 1-3-4, Definitions, 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. Section 1-3-5, Unfit Dwellings,
Buildings and Premises, is renumbered as 1-3-4.
31
ORDINANCE NO. 5629
SECTION III. This ordinance shall be effective upon its passage, approval, and
thirty (30) days after publication.
PASSED BY THE CITY COUNCIL this 3rd day of October , 2011.
Bonnie I. Walton, City Clerk
APPROVED BY THE MAYOR this 3rd day of October , 2011.
Denis Law, Mayor
Approved as to form:
Lawrence J. Warren, City Attorney ; ; u : *r , .» : _ •
•%a\ u- ;" ]
"• <•",'"•, ' > •
Date of Publication: 10/7/2011 (summary)
ORD:1718:9/27/ll:scr
32