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HomeMy WebLinkAboutORD 4903Amended By ORD 5081 , 5196 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4903 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING NEW SECTIONS 1-3-3, NUISANCES, 1-3-6, CONFLICTS, AND 1-3-7, SEVERABILITY, AND ADDING DEFINITIONS TO SECTION 1-3-4, DEFINITIONS, OF CHAPTER 3, PENALTIES, OF TITLE I (ADMINISTRATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" ESTABLISHING AND DEFINING WHAT CONSTITUTES A NUISANCE, PROVIDING FOR CORRECTION, ABATEMENT AND ENFORCEMENT, AND FOR RECOVERY OF COSTS AND ATTORNEY'S FEES AND DECLARING INTERFERENCE TO BE A MISDEMEANOR AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN (Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 1-3-3 NUISANCES A. Purpose. The purpose of this section is to establish a system to enforce the development, land use, and public health regulations of the City, whether under the health, safety and sanitation regulations of the City of Renton or those applicable to the City under the Seattle - King County AS FOLLOWS: SECTION I. A new Section, 1-3-3, Nuisances, of Chapter 3, Penalties, of Title I Sections: 1-3-3.A 1-3-3.B 1-3-3.C 1-3-3.D 1-3-3.E 1-3-3.F 1-3-3.G 1-3-3.H Purpose. Declaration of nuisance. Voluntary correction. Notice of civil infraction. Hearing before the Renton Municipal Court. Abatement by the City. Abatement by lawsuit. Additional enforcement procedures. 1 ORDINANCE NO. 4903 Health Department rules and regulations. It is further the purpose of this Section to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish penalties for violations, including abatement of any affected properties or nuisance as defined in City Code Section 1-3-3. B. Declaration of nuisance. All violations of development, land use, and public health ordinances or Seattle - King County Health Department rules and regulations are found and declared to be detrimental to the public health, safety, and welfare and further found and declared to be nuisances. C. Voluntary correction. 1. Applicability. This section applies whenever the applicable department director or his or her designee determines that a nuisance has occurred or is occurring. 2. General. The applicable department director or his or her designee shall attempt to secure voluntary correction by contacting the person responsible for creating, maintaining or permitting the nuisance and, where possible, explaining the violation and requesting correction. If the person responsible for the nuisance is a tenant, the City shall endeavor to notify the owner of the property of the nuisance violation and the nature of that violation. 3. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for creating, maintaining or permitting the violation and the City, acting through the applicable department director or his or her designee. a. Content. The voluntary correction agreement is a contract between the City and the person responsible for creating, maintaining or permitting the violation under which such person agrees to abate the violation within a specified time and 2 ORDINANCE NO. 4903 according to specified conditions. The voluntary correction agreement shall include the following: (1) The name and address of the person responsible for creating, maintaining or permitting the violation; and (2) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and (3) A description of the violation and a reference to the regulation which has been violated; and (4) The necessary corrective action to be taken, and a date or time by which correction must be completed; and (5) An agreement by the person responsible for creating, maintaining or permitting the violation that the City may enter and inspect the premises without a warrant as may be necessary to determine compliance with the voluntary correction agreement; and (6) An agreement by the person responsible for creating, maintaining or permitting the violation that the City may abate the violation and recover its costs and expenses (including, but not limited to its attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for creating, maintaining or permitting the violation if the terms of the voluntary correction agreement are not fully satisfied; and (7) An agreement that by entering into the voluntary correction agreement, the person responsible for creating, maintaining or permitting the 3 ORDINANCE NO. 4903 violation waives the right to a hearing before any court or hearing examiner under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action. b. Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for creating, maintaining or permitting the violation shall have no right to a hearing before any court or hearing examiner under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action. c. Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department director or his or her designee if the person responsible for creating, maintaining or permitting the violation has shown due diligence and substantial progress in correcting the violation, but unforeseen circumstances delayed correction under the original conditions. d. Abatement by the City. The City may abate the violation in accordance with Code Section 1-3-3.F if the terms of the voluntary correction agreement are not met. e. Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for creating, maintaining or permitting the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with Code Section 1-3-3.D.5, plus all costs and expenses of abatement, as set forth in Code Section 1-3-3.F.4. D. Notice of civil infraction. 1. Issuance. 4 ORDINANCE NO. 4903 a. When the apphcable department director or his or her designee determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, pursuant to Code Section 1-3-3.C the apphcable department director or his or her designee may issue a notice of civil infraction to the person responsible for creating, maintaining or permitting the violation. If the person responsible for the violation is a tenant, the City shall endeavor to notify the owner of the violation and the nature of the violation. b. The applicable department director or his or her designee may issue a notice of civil infraction without attempting to secure voluntary correction as provided in Code Section 1-3-3.C under the following circumstances: (1) When an emergency exists; or (2) When a repeat violation occurs; or (3) When the violation creates a situation or condition which cannot be corrected by voluntary correction; or (4) When the alleged violator knows or reasonably should have known that the action is in violation of a City rule, regulation or ordinance; or (5) The alleged violator cannot be contacted or refuses to communicate or cooperate with the City in correcting the violation. 2. Content. The notice of infraction shall include the following: a. The name and address of the person responsible for creating, mamtaining or permitting that violation; and 5 ORDINANCE NO. 4903 b. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and c. A description of the violation and a reference to the provisions) of the City rule, regulation or ordinance(s) which has been violated; and d. The required corrective action and a date and time by which the correction must be completed after which the City may abate the unlawful condition in accordance with Code Section 1-3-3.F; and e. The right to contest the infraction before the Renton Municipal if requested in writing within 14 days from the date the notice of infraction is issued; and f. A statement indicating that no monetary penalty will be assessed, if the applicable department director or his or her designee approves the completed, required corrective action prior to the hearing; and g. A statement that the costs and expenses of abatement incurred by the City pursuant to Code Section 1-3-3.F.4, and a monetary penalty in an amount per day for each violation as specified in Code Section 1-3-3.D.5 may be assessed against the person to whom the notice of infraction is directed. 3. Service of Notice. The apphcable department director or his or her designee shall serve the notice of infraction upon the person responsible for creating, maintaining or permitting the violation, either personally or by mailing a copy of the notice of infraction by certified mail, return receipt requested, to such person at their last known address. If the person responsible for creating, maintaining or permitting the violation cannot be personally served within King County and if an address for mailed service cannot be ascertained, notice shall be served by posting a 6 ORDINANCE NO. 4903 copy of the notice of infraction conspicuously on the affected property or structure after obtaining any necessary warrant. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail. 4. Extension. Extensions of the time specified in the notice of infraction for correction of the violation may be granted at the discretion of the apphcable department director or his or her designee or by order of a court. 5. Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be $100 per day for the first three days of the violation, $200 per day for the second three days of the violation, $300 per day for the third three days of the violation, and $500 per day thereafter as per City Code Section 1-3-2.D.2. 6. Continuing Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of infraction was issued of the duty to correct the violation. 7. Collection of Monetary Penalty. a. The monetary penalty constitutes a personal obligation of the person to whom the notice of infraction is directed. Any monetary penalty assessed must be paid to the City within 10 calendar days from the date of mailing of the court's or Renton Municipal Court's decision or a notice from the City that penalties are due. Any such monetary penalty shall further constitute a hen against the affected real property, in the manner as set forth in Code Section 1-3-3.F.6. 7 ORDINANCE NO. 4903 b. The City Attorney is authorized to take appropriate action to collect the monetary penalty. E. Hearing before the Renton Municipal Court. 1. Notice. A person who has contested an infraction will be scheduled to appear before the Renton Municipal Court on the date established by the Court. Continuances may be granted at the discretion of the Court for good cause shown 2. Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed, if the applicable department director or his or her designee approves the completed required corrective action prior to the scheduled hearing. 3. Procedure. The Renton Municipal Court shall conduct a hearing on the infraction pursuant to its jurisdiction over infractions. The apphcable department director or his or her designee or designee and the person to whom the notice of infraction was directed may participate as parties in the hearing and each party may call witnesses. The City Attorney shall represent the City in any such hearing. The determination of the applicable department director or designee as to the need for the required corrective action shall be accorded substantial weight by the Municipal Court in determining the reasonableness of the required corrective action. 4. Decision of the Municipal Court. a. The Renton Municipal Court judge shall determine whether the City has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable under the circumstances, and shall affirm, vacate, or modify the City's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. 8 ORDINANCE NO. 4903 b. The Renton Municipal Court judge shall issue an order if the judge finds that the City has sustained its burden of proof that a violation has occurred, to the person responsible for creating, maintaining or permitting the violation which contains the following information: (1) The required corrective action, if any; (2) The date and time by which the correction must be completed; (3) The monetary penalties assessed based on the criteria in Code Section l-3-3.E.4.c; and (4) The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed. c. Assessment of Monetary Penalty. Monetary penalties assessed by the Municipal Court judge shall be in accordance with the monetary penalty in Code Section 1-3-3.D.5, and 1-3-2.D.2. (1) The Municipal Court judge shall have the following options in assessing monetary penalties. (i) Assess monetary penalties beginning on the date the notice of infraction was issued and thereafter; or (ii) Assess monetary penalties beginning on the correction date set by the applicable department director or his or her designee or an alternate correction date set by the court and thereafter; or (iii) Assess less than the established monetary penalty set forth in Code Section 1-3-3.D.5, based on the criteria of Code Section 1-3- 3.E.4.c(2); or 9 ORDINANCE NO. 4903 (iv) Assess no monetary penalties. (2) In determining the monetary penalty assessment, the Municipal Court judge shall consider the following factors: (i) Whether the alleged violator responded to staff attempts to contact the person, and cooperated to correct the violation; (ii) Whether the alleged violator failed to appear at the hearing; (hi) Whether the violation was a repeat violation; (iv) Whether the alleged violator showed due diligence and/or substantial progress in correcting the violation; and (v) Any other relevant factors. (3) The Municipal Court judge may double the monetary penalty schedule if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations the Municipal Court judge shall consider the factors set forth in Code Section l-3-3.E.4.c(2). 5. Failure to Appear. If the person to whom the notice of infraction was issued fails to appear without lawful excuse at the scheduled hearing, the Municipal Court judge will enter an order with findings pursuant to Code Section l -3-3.E.4.b and assess the appropriate monetary penalty pursuant to Code Section 1-3-3.E.4.C. The City may enforce the Municipal Court's order and recover all related expenses, including attorney fees, plus the costs of the hearing and any monetary penalty from that person. 6. Appeal of the Municipal Court's decision shall be governed by the rules of appeal of decisions of courts of limited jurisdiction. F. Abatement by the City. 10 ORDINANCE NO. 4903 1. The City may abate a condition which continues to be a civil infraction when: a. The terms of a voluntary correction agreement pursuant to Code Section 1-3-3.C have not been met; or b. A notice of infraction has been issued pursuant to Code Section 1-3-3.D and not appealed or, if appealed, a hearing has been held pursuant to Code Section 1-3-3.E and the required correction has not been completed by the date specified in any final order; or c. The condition is subject to summary abatement as provided for in Code Section 1-3-3.F.2. 2. Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for creating, maintaining or permitting the violation, and if such person is a tenant, an additional notice to the owner, as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for creating, maintaining or permitting the violation. 3. Authorized Action by the City. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition. 11 ORDINANCE NO. 4903 4. Recovery of Costs, Attorney's Fees and Expenses. The costs, including incurred expenses of correcting the violation, shall be billed to the person responsible for creating, maintaining or permitting the violation and the owner, lessor, tenant or other person entitled to control or use the property and shall become due and payable to the City within 10 calendar days. The term "incurred expenses" includes, but is not limited to personnel costs, both direct and indirect and including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in Code Section 1-3-3.F.6. 5. Interference. Any person who knowingly makes a false or misleading statement to the City's agents or intimidates a City agent, shall be guilty of the crimes of making a false and misleading statement to a pubhc servant pursuant to RCW 9A.76.175, or mtirnidating a pubhc servant pursuant to RCW 9A.76.180, adopted in the Renton Municipal Code under Chapter 6-10 and subject to the penalties adopted thereunder. 6. Lien - Authorized. The City of Renton shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property where the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment hens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. a. The applicable department director or his or her designee, with the assistance of, or consultation with the City Attorney, shall cause a lien to be filed for 12 ORDINANCE NO. 4903 record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. b. The hen shall contain sufficient information regarding the notice of infraction, as determined by the applicable department director or his or her designee, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien. c. Any such lien shall be verified by the applicable department director or his or her designee, and may be amended from time to time to reflect changed conditions. d. No such liens shall bind the affected property for a period longer than ten years, without foreclosure or extension agreed to by the property owner. G. Abatement by Lawsuit. Whenever a public nuisance exists, and voluntary correction has failed or when violations have continued and summary abatement is not merited, the City may proceed by a suit in the King County Superior Court to enjoin and abate the nuisance in the manner provided by chapter 7.48 RCW as amended. If the City obtains an order of abatement, an injunction or a similar remedy, the court shall award the City its costs of investigation, costs of abatement litigation and attorney's fees. H. Additional enforcement procedures. The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Renton Municipal Code except as precluded by law. SECTION 11. A new Section, 1-3-6, Conflicts, of Chapter 3, Penalties, of Title I (Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 13 ORDINANCE NO. 4903 CONFLICTS. In the event of a conflict between this chapter and any other provision of the Renton Municipal Code or other City ordinance providing for a civil penalty, this chapter shall control. SECTION III. A new Section, 1-3-7, Severability, of Chapter 3, Penalties, of Title I (Administration) of Ordinance No. 4260 entitled "Code Of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: SEVERABILITY. If any part or provision of this Section is found in violation of the law or otherwise declared invalid then such remaining sections not declared illegal or invalid shall remain in full force and effect. SECTION IV. Code Section 1-3-4 is amended to read as follows: A. Definitions. As used in this Section, unless a different meaning is plainly required: 1. "Abate" means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil infraction by such means, in such a manner, and to such an extent as the applicable department director or his or her designee determines is necessary in the interest of the general health, safety and welfare of the community. 2. "Act" means doing or performing something. 3. "Applicable department director or his or her designee" means the City's chief operating officer or his or her designee, including any department director or other designee, empowered by ordinance or by the City's chief operating officer to enforce a City ordinance or regulation. 14 ORDINANCE NO. 4903 4. "Civil infraction" means a violation for which a monetary penalty but no jail time may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation. 5. "Code Compliance Inspector" means any employee(s) appointed by the applicable department director or his or her designee to inspect for code violations and issue violation notices. 6. "Development" means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a City regulation. 7. "Emergency" means a situation which in the opinion of the applicable department director or his or her designee requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property. 8. "Nuisance" (also referred to herein as "violation" or "nuisance violation") means: a. A violation of any City of Renton development, land use, or public health ordinance; b. Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or which obstructs, disrupts or interferes with the free use of property by any lawful owner or occupant; or c. The existence, without limitation, of any of the following conditions: (1) Trash Covered Premises. Any premises containing trash, debris or abandoned materials, except that kept in garbage cans or containers maintained for regular collection, see Code Section 8-1-4.B; 15 ORDINANCE NO. 4903 (2) Dangerous Structures. Any dangerous, decaying, falling or damaged dwelling, fence, or other structure; (3) Potential Vermin Habitat or Fire Hazard. Any accumulation of material or debris on a property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, inoperable machinery or equipment, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in approved, covered receptacles; (4) Junk or Abandoned Vehicles. Any wrecked, inoperable, abandoned or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or extensively damaged vehicles. Evidence of inoperability and damage includes, but is not hmited to, a buildup of debris that obstructs use, a broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing license plates; provided nothing herein shall prevent the keeping or storage of any vehicle on private property within a building where it is not visible from the street or other pubhc or private property. For further definitions and procedures see City Code Chapter 6-1; 16 ORDINANCE NO. 4903 (5) Attractive Nuisances. Any attractive nuisance which may prove detrimental to children whether in or on a building, on the premises of a building, on an occupied or unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, open crawl space, or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors; (6) Obstructions to the Public Right-of-Way or Illegal Use of Public Property. Use of property abutting a public street or sidewalk or use of a public street, undeveloped right-of-way, or sidewalk which causes any obstruction to vehicular or pedestrian traffic or to open access to the streets or sidewalks, including working on vehicles in the public right-of-way except for emergencies and then only for such time as reasonably necessary to solve such emergency and illegal parking of commercial vehicles on public right-of-way in which all of the adjacent structures are occupied as residential dwellings on the same side of the right-of-way as the area for parking, per Code Section 10-10-13; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the City. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property. This section applies to camping on public property except in a designated camping area; 17 ORDINANCE NO. 4903 (7) Vegetation. Any noxious or toxic weed or uncultivated plant, weeds or grass which may be a fire hazard, or any tree which is in danger of falling and creates a substantial risk of damage or injury; (8) Illegal Dumping. Dumping of any type by any person on public or private property not registered as a legal dump site; (9) Dumping in Waterways. Dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any navigable stream, except when part of habitat enhancement under auspices of a governmental agency; (10) Operation of premises where there is illegal manufacture of liquor, or is maintained as a place for drunks, operated as an illegal gambling house or as a drug house per Chapter 7.43 RCW, or which constitutes a moral nuisance or house of prostitution; (11) Animal nuisances. Maintaining, harboring or keeping animals which by frequent or habitual howling, yelping, barking or making of other noises, annoy or disturb a neighbor, keeping of types or numbers of animals in violation of law, permitting the accumulation of animal waste that is unhealthfiil or which creates obnoxious odors, keeping of animals in conditions that are unhealthy to the animals, humans or maintaining pests such as caterpillars, 18 ORDINANCE NO. 4903 vectors, vermin or wildlife on one's property, or allowing dogs to run at large per Code Section 6-6-5. C; (12) Beekeeping. The existence of any bees, Africanized honey bees, yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with RCW Chapter 15.60 or WAC Chapter 16-602; (13) Odors. The existence of any strong or offensive odor at the property line including but not limited to rotting or decaying fish or animals, rotting garbage, animal manure or strong chemical smells; (14) Installing, creating or mamtaining graffiti; (15) Anything defined by RCW 7.48.140, Public Nuisance, Chapter 7- 48A RCW, Moral Nuisance, or which constitutes a misdemeanor under RCW 9.66.010 or Code Section 6-18-11; (16) Operating a business without the requisite state or local license or business license or operating in violation of code requirements for that license see Code Sections 5-5-3.G.5, 5-8-4, and 6-15-6; (17) Violations of the Aquifer Protection Ordinance, City Code Chapter 8-8; (18) Violation of harbor regulations, City Code Chapter 9-3; (19) Violation of noise level regulations, City Code Chapter 8-7. 9. "Omission" means a failure to act. 10. "Person" means any individual, firm, association, partnership, corporation or any entity, public or private. 19 ORDINANCE NO. 4903 11. "Person responsible for creating, maintaining or permitting the violation" means any person who is in possession of property, whether as owner, tenant, occupant, or otherwise. 12. "Repeat violation" means a violation of the same regulation in any location by the same person, for which voluntary compliance previously has been sought or a notice of infraction has been issued, within the immediately preceding 12 consecutive month period. SECTION V. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this 14th day of M ,2001. APPROVED BY THE MAYOR this 14th day of May ,2001. Lawrence J. Warren, City Attorney Date of Publication: 5/18/2001 (Summary) ORD.885:4/20/01:ma 20