HomeMy WebLinkAboutORD 4856Amends ORD 3540, 4351, 4462, 4522,
4722, 4723, 4832, 4835
CITY OF RENTON, WASHINGTON A^ssf S^^il^SS38 '
5159, 5196 ' J
ORDINANCE NO. 4856
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
AMENDING CHAPTER 3, GENERAL PENALTY, OF TITLE I,
(ADMINISTRATIVE); CHAPTER 1, ADMINISTRATION AND
ENFORCEMENT, CHAPTER 2, LAND USE DISTRICTS, CHAPTER 3,
ENVIRONMENTAL REGULATIONS AND SPECIAL DISTRICTS,
CHAPTER 4, PROPERTY DEVELOPMENT STANDARDS, CHAPTER 5,
BUILDING AND FIRE PREVENTION STANDARDS, CHAPTER 6,
STREET AND UTILITY STANDARDS, CHAPTER 7, SUBDIVISION
REGULATIONS, CHAPTER 9, PROCEDURES AND REVIEW
CRITERIA, AND CHAPTER 10, NONCONFORMING STRUCTURES,
USES AND LOTS, OF TITLE IV (DEVELOPMENT REGULATIONS);
CHAPTER 13, PUBLIC DANCES AND DANCE HALLS, OF TITLE V
(FINANCE AND BUSINESS REGULATIONS); CHAPTER 1, GARBAGE,
OF TITLE VTH (HEALTH AND SANITATION); CHAPTER 10, STREET
EXCAVATIONS, CHAPTER 13, TREES AND SHRUBBERY, AND
CHAPTER 15, WEEDS AND NOXIOUS MATTER, OF TITLE IX
(PUBLIC WAYS AND PROPERTY); OF ORDINANCE NO. 4260
ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF
RENTON, WASHINGTON" BY CLARIFYING, REORGANIZING AND
RESTATING PENALTIES FOR VIOLATIONS OF THE CITY CODE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION I: Section 1-3-1 of Chapter 3, General Penalties, of Title I (Administrative),
of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby amended to read as follows:
CHAPTER 3, REMEDIES AND PENALTIES:
1-3-1
1-3-2
1-3-3
1-3-4
1-3-5
Criminal Penalties
Civil Penalties
Nuisance
Definitions
Penalties for Violations of Shoreline Master Program Provisions
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1-3-1 CRIMINAL PENALTIES:
A. Applicability: Any person who shall violate any of the provisions of the Renton
Municipal Code or fail to comply therewith, or who shall violate or fail to comply with any order
made thereunder, or who shall use land or construct in violation of any detailed statement of
specifications or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who shall fail to comply with such an
order as affirmed or modified by such proper authority or by a court of competent jurisdiction,
within the time fixed herein, shall severally, for each and every such violation and
noncompliance, respectively, be guilty of a misdemeanor.
B. Violations: Any person convicted of a criminal violation of any section of this
Code shall be punished in accordance with RCW 9A.20.021(2), as now or hereafter amended, for
gross misdemeanors and RCW 9A.20.021 (3), as now or hereafter amended, for misdemeanors.
Whenever a specific penalty or range of penalties has been established for a crime by the State
legislature and that crime has been incorporated into the City's Criminal Code, either directly or
by reference, then the penalty ranges established by the legislature shall govern and this
provision shall not be enforced.
C. To What Acts Penalty Shall Attach: Any person who shall commit any act
declared by any section of this Code to be unlawful for which there is no stated penalty or who
fails to perform any act or discharge any obligation or duty required by or imposed upon him by
any ordinance for which there is no stated penalty shall be deemed guilty of a misdemeanor and
shall be subject to the penalty fixed for the violation with like effect as if such penalty were
specifically declared in the section forbidding such act or declaring the same to be unlawful or
prescribing the duty or imposing the obligation, and where any duty is prescribed or obligation
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ORDINANCE NO. 4856
imposed or where any act which is of a continuing nature is forbidden or declared to be unlawful,
each day such duty or obligation remains unperformed or such act continues shall constitute a
separate offense except where otherwise provided in this Code.
D. Penalties for Violations of Fire Prevention Regulations:
1. Misdemeanor: Any person who shall violate any of the provisions of fire
prevention regulations or the Uniform Fire Code hereby adopted or fail to comply therewith, or
who shall violate or fail to comply with any order made thereunder, or who shall build in
violation of any detailed statement of specifications or plans submitted and approved thereunder,
or any certificate or permit issued thereunder, and from which no appeal has been taken, or who
shall fail to comply with such an order as affirmed or modified by such proper authority or by a
court of competent jurisdiction, within the time fixed herein, shall severally, for each and every
such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a
fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than
ninety (90) days or by both such fine and imprisonment. The imposition of one penalty for any
violation shall not excuse the violation or permit it to continue; and all such persons shall be
required to correct or remedy such violations or defects within a reasonable time; and when not
otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute
a separate offense.
2. General: The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
SECTION H; Section 1-3-1.E 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.
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SECTION III: Section 1-3-2.C.1 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 amended to read as follows:
1. Failure to Comply Is Violation: A failure to comply with the requirements
of the following sections shall be considered a violation subject to civil penalties:
a. Title V: Chapter 5, Business Licenses, and Chapter 12, Adult
Entertainment Standards.
b. Title VI: Chapter 1, Abandoned Vehicles, and Chapter 14, Litter,
Sections 6-14-17, 6-14-18, 6-14-19 and 6-14-20.
c. Title VIII: Chapter 1, Garbage.
d. Title IX: Chapter 10, Street Excavations, Chapter 13, Trees and
Shrubbery, and Chapter 15, Weeds and Noxious Matter.
e. Title IV: All sections, with the exception of the following sections:
(1) Fire Prevention and Uniform Fire Code Regulations:
section 4-5-070.
(2) Shoreline Master Program Regulations: section 4-3-080.
SECTION IV: Section 1-3-2.C 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" has been amended by adding sections C.4 and H, which read as follows:
C.4. Violations Declared Nuisance: Any violations of the provisions of RMC 4-3-050
Critical Areas Regulations shall be, and the same is declared to be unlawful and a public
nuisance and the City Attorney may, in addition to or lieu of prosecuting a civil action hereunder,
commence an action or actions, for the abatement, removal and enjoinment thereof, in the
manner provided by law; and shall take jurisdiction to grant such relief as will abate or remove
such violation and retrain and enjoin any person, entity, business, corporation or partnership
from continuing or maintaining such violations contrary to the provisions of RMC 4-3-050.
H. Suspension or Revocation of Permits/Licenses: In addition to other penalties,
provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the
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ORDINANCE NO. 4856
applicant or Permittee has not complied with any or all conditions of limitations set forth in the
permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the
project in the manner set forth in the approved application
SECTION V: Section 1-3-2.F 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" has been amended to read as follows:
F. Tests:
1. Whenever there is insufficient evidence of comphance with any of the
provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not
conform to the requirements of RMC 4-3-050, the Department Director may require tests as
proof of compliance with to be made at no expense to this jurisdiction.
2. Test methods shall be as specified by RMC 4-3-050, Critical Areas
Regulations, or by other recognized and accepted test standards. If there are no recognized or
accepted test methods for the proposed alternate, the Department Director shall determine test
procedures.
SECTION VI: 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 amended by adding a new section, which reads as follows:
1-3-5: PENALTIES FOR VIOLATIONS OF SHORELINE MASTER PROGRAM
PROVISIONS:
A. Prosecution: Every person violating any of the provisions of this Master Program
or the Shoreline Management Act of 1971 shall be punishable under conviction by a fine not
exceeding one thousand ($1,000) dollars, or by imprisonment not exceeding ninety (90) days, or
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by both such fine and imprisonment, and each day's violation shall constitute a separate
punishable offense.
B. Injunction: The City Attorney may bring such injunctive, declaratory or other
actions as are necessary to insure that no uses are made of the shorelines of the State under the
City's jurisdiction which are in conflict with the provisions and programs of this Master Program
or the Shoreline Management Act of 1971, and to otherwise enforce provisions of this Chapter
and the Shoreline Management Act of 1971.
C. Public And Private Redress: Any person subject to the regulatory program of this
Master Program who violates any provision of this Master Program or the provisions of a permit
issued pursuant thereto shall be liable for all damages to public or private property arising from
such violation, including the cost of restoring the affected area to its condition prior to such
violation. The City Attorney may bring suit for damages under this subsection on behalf of the
City. Private persons shall have the right to bring suit for damages under this subsection on their
own behalf and on behalf of all persons similarly situated. If liability has been established for
the cost of restoring an area affected by violation, the Court shall make provision to assure that
restoration will be accomplished within a reasonable time at the expense of the violator. In
addition to such relief, including monetary damages, the Court in its discretion may award
attorney's fees and costs of the suit to the prevailing party.
SECTION VII: Sections 4-1-100 and 4-1-110.B of Chapter 1, Administration and
Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" are hereby amended to read as follows:
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4-1-100. ENFORCEMENT:
A. Enforcement Officer: The Development Services Administrator or his or her
designated representative shall be responsible for investigation of violation and citation of the
violating parties.
4-1-110B. VIOLATIONS OF THIS CHAPTER AND PENALTIES. Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION VIII: Section 4-2-140 of Chapter 2, Land Use Districts, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as follows:
VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations
of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION IX: Section 4-3-050Q of Chapter 3, Environmental Regulations and
Special Districts, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code
of General Ordinances of the City of Renton, Washington" is hereby deleted.
SECTION X; Chapter 3, Environmental Regulations and Special Districts, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding section 4-3-130,
which reads as follows:
4-3-130. VIOLATIONS OF THIS CHAPTER AND PENALTIES:
A. Enforcement Officer: The Development Services Administrator or his or her
designated representative shall be responsible for investigation of violation and citation of the
violating parties.
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B. Penalties for Violation: Unless otherwise specified. Penalties for any violations
of any of the provisions of this section shall be in accord with RMC 1-3.
SECTION XI; Section 4-4-070.1 of Chapter 4, Property Development Standards,
of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby deleted.
SECTION XII: The title of section 4-4-100T and the subtitle of section
4-4-lOO.T.l of Chapter 4, Property Development Standards, of Title TV (Development
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" are hereby renamed to read as follows:
4-4-100T. COMPLIANCE AND CONFISCATION OF SIGNS.
4-4-100.T. 1. Comphance Required.
SECTION Xm: Section 4-4-100.T.2 of Chapter 4, Property Development
Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby deleted and the remaining
subsections renumbered accordingly.
SECTION XIV: Section 4-4-140 of Chapter 4, Property Development Standards, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended by adding a new section,
which reads as follows:
4-4-140.N. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XV: Section 4-5-120.N of Chapter 5, Building and Fire Prevention
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ORDINANCE NO. 4856
Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of
General Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of
any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XVI: Chapter 6, Street and Utility Standards, of Title IV (Development
Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton,
Washington" is hereby amended by adding a new section, which reads as follows:
4-6-110. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XYH: Section 4-7-240 of Chapter 7, Subdivision Regulations, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended to read as follows:
VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of
any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XVni: Section 4-9-260 of Chapter 9, Procedures and Review Criteria, of
Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General
Ordinances of the City of Renton, Washington" is hereby amended to read as follows:
VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for any violations of
any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XLX: Chapter 10, Nonconforming Structures, Uses and Lots, of Title IV
(Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended by adding a new section, which reads as
follows:
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4- 10-020. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XX: Chapter 13, Public Dances and Dance Halls, of Title V (Finance
and Business Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the
City of Renton, Washington" is hereby amended by adding a new section, which reads as
follows:
5- 13-19. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XXI: Chapter 1, Garbage, of Title VHI (Health and Sanitation) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is
hereby amended by adding a new section, which reads as follows:
8-1-12. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XXII: Section 9-10-12 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 to read as follows:
VIOLATIONS AND PENALTIES: It shall be unlawful for any person, firm or
corporation to construct, alter, repair, remove or improve any facility located on public right-of-
way without the required permits or authorization of the Public Works Director or his duly
authorized representative. Penalties for any violations of any of the provisions of this Chapter
shall be in accord with RMC 1-3.
SECTION XXIII: Section 9-13-2 of Chapter 13, Trees and Shrubbery, and section
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9-15-6 of Chapter 15, Weeds and Noxious Matter, of Title IX (Public Ways and Property) of
Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington"
are hereby amended to read as follows:
9-13-2. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
9-15-6. VIOLATIONS OF THIS CHAPTER AND PENALTIES: Penalties for
any violations of any of the provisions of this Chapter shall be in accord with RMC 1-3.
SECTION XXIV: This ordinance shall be effective upon its passage, approval, and
30 days after publication.
PASSED BY THE CITY COUNCIL this 21st day of August , 2000.
APPROVED BY THE MAYOR this 21st day of August 2000.
Lawrence J. Warren, City Attorney
Date of Publication: 8/25/2000 (Summary)
ORD.855:6/21/00:ma
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