HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 07/16/1996 (3) CITY OF
J w4j CITY COUNCIL PLANNING COMMITTEE
AGENDA Jim White, Mayor
JULY 16, 1996
THE CITY COUNCIL PLANNING COMMITTEE IS HOLDING A MEETING ON JULY 16,
1996 AT 4.00 P.M. IN THE COUNCIL F'HAMBERS'EAST ROOM OF KENT CITY HALL
AT 220 S. FOURTHAVE'NUE.
Committee Members
Leona Orr, Chair
Jon Johnson
Tim Clark
AGENDA
1. Comparison of Kent's Junk and Junk INFORMATION ITEM - 15 Minutes
Vehicle Regulations with Federal
Way and Washington State - (J. Harris)
Added Items:
ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE CITY IN
ADVANCE FOR MORE INFORMATION. FOR TDD RELAY SERVICE, CALL 1-800-635-9993
OR THE CITY OF KENT AT (206)854-6587.
mp:c:pco71696.agn
220 4th AVE SO. /KENT.WASHINGTON 98032-5895/TELEPHONE (206)859-3300/FAX#859-3334
• OF CITY �� � J�
Jim White, Mayor
pec94II�is�
PLANNING DEPARTMENT
(206) 859-3390
MEMORANDUM
June 19, 1995
MEMO TO: CITY COUNCIL PLANNING COMMITTEE, LEONA ORR, CHAIR,
TIM CLARK, JON JOHNSON
FROM: JAMES P. HARRIS, PLANNING DIRECTOR
SUBJECT: COMPARISON OF KENT'S JUNK AND JUNK VEHICLE
REGULATIONS WITH FEDERAL WAY AND WASHINGTON STATE
Former City Council member Paul Mann recently suggested that Kent review amendments
Federal Way made to its Zoning Code concerning junk and junked vehicles. The material
attached to this memo presents the pertinent code sections from the State, Kent and Federal
Way.
Staff will be present to review with the Committee Kent's experience with the current Code
regulations.
JPH/mp:a:fedway
Attachments
cc: Brian Swanberg, Code Enforcement Officer
Bob Hutchinson, Building Official/Manager
Roger Lubovich, City Attorney
220 4th AVE.SO., /KENT WASHINGTON 98032-5895 1 TELEPHONE (206)859-33001 FAX#9593334
AMENDMENTS TO FEDERAL WAY'S ZONING CODE
REGARDING JUNK, JUNKYARDS AND JUNKED VEHICLES
Inoperable motor vehicle shall be any vehicle that has
been in a stationary position for more than fourteen (14)
days is apparently inoperable or requires repairs in
order to be operated legally on the public roads or is
unable to move a distance of ten (10) feet on level
pavement under its own power.
Institutional uses shall mean the following uses: schools,
churches, colleges, hospitals, parks, governmental facilities and
public utilities.
Instructional sign shall mean a sign which designates public
information such as, but not limited to, public restrooms, public
telephones, exitways and hours of operation.
Integral sign shall mean a sign displaying a building date,
monument citation, commemorative inscription or similar historic
information.
Irrevocable license shall mean a written irrevocable
permission given by a property owner to the city for specified
purposes.
Junk shall mean old or scrap metal, rope, rags,
batteries paper, rubber, machinery, scrap wood, debris,
trash or junked dismantled er wrecked or inoperable
u -eme ; 'e-^ motor vehicles or parts thereof.
Junk or junked vehicle shall mean any vehicle
substantially meeting at least two of the following
conditions:
ORD #96-269, PAGE 22
(a) Is extensively damaged such damage including but not
limited to any of the following: A broken window or
windshield or missing wheels tires motor, or
transmission:
(b) Is apparently inoperable;
(c) Is without a current valid registration plate.
Junkyard shall mean a property or place of business which is
maintained, operated or used for storing, keeping, buying, selling
or salvaging junk.
Kennel shall mean an establishment, generally retail in
nature, which houses, cares for, breeds, raises or sells dogs or
cats.
Land surface modification shall mean the clearing or removal
of trees, shrubs, ground cover and other vegetation and all
grading, excavation and filling activities.
Landscaping shall mean the planting, removal and maintenance
of vegetation along with the movement and displacement of earth,
to rock, bark and similar substances done in conjunction with
the planting, removal and maintenance of vegetation.
Landward shall mean toward dry land.
Linear frontage of subject property shall mean the frontage of
the subject property adjacent to all open, improved rights-of-way
other than Interstate 5. If the subject property is not adjacent to
an open, improved right-of-way, linear frontage shall mean the
frontage of the subject property on any public access easements or
ORD #96-269, PAGE 23
X.
r'
mansard roof with the exposed face of the sign parallel to the
j facade or face of the building or mansard roof.
Waterward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar
water extraction facility from which potable water is extracted.
Wholesale trade shall mean a commercial establishment which
sells to retail establishments.
Zones shall mean use zones as described in sections 22-596
through 22-878 .
Zoning map shall mean the series of maps adopted by the city,
and designated the official zoning map of the city, showing the
geographical location of use zones within the municipal boundaries.
(Ord. No. 90-43 , 5 2 (3 . 10) , 2-27-90; Ord. No. 90-51, §§ 11 2, 3-27-
90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91;
Ord. No. 91-100, § 4 , 6-4-91; Ord. No. 91-105, § 3 , 8-20-91; Ord.
No. 91-113 , § 3 , 12-3-91)
Section 4. Prohibition of Junked or Inoperable
Vehicles Federal Way City Code Section 22-952 . Junk and
.junkyards prohibited., is hereby amended to provide as
follows:
It is a violation of this chapter to accumulate
junk, or for a property owner or the person in control of
property to allow junk, Junked or inoperable vehicles to
accumulate, on the subject property. In addition, a
junkyard is not permitted in the city.
Section 5. Severability. The provisions of this
ordinance are declared separate and severable. The invalidity of
ORD #96-269, PAGE 41
KENT CITY CODE CONCERNING
§ 8.08.010 JUNK VEHICLES
CHAPTER 8.08.JUNK VEHICLES
Sec. 8.08.010. Purpose. 46.55.230 and found on private property are de-
The purpose of this chapter is to preserve the clared to constitute a public nuisance subject to
character and safety of the city's neighborhoods removal,impoundment and disposal.It is unlawful
by eliminating as nuisances, junk vehicles from for any individual firm, entity or corporation to
private property, and to provide procedures for allow, cause to allow or place a junk vehicle on
the removal of junk vehicles as authorized by RCW any premises.
46.55.240. (Ord. No. 3112, § 1, 5.18-93)
(Ord. No. 3112, § 1, 5-18-93)
Sec. 8.08.040. Exemptions.
Sec. 8.08.020. Definitions. A. A vehicle or part thereof which is completely
For the purposes of this chapter, the following enclosed within a building in a lawful manner
words shall have the following meaning. where it is not visible from the street or other
Director means the director of the department public or private property; or
in charge of code enforcement or his or her des- B. A vehicle or part thereof which is stored or
ignee or any designated alternate who is empow- parked in a lawful manner on private property in
ered by ordinance or by the mayor to enforce this connection with the business of a licensed dis-
chapter including assigned code enforcement offi- mantler or licensed vehicle dealer and is fenced
cials. according to the provisions of RCW 46.80.130.
Junk vehicle means any vehicle substantially (Ord. No. 3112, § 1, 5-18-93)
meeting all of the following requirements: (RCW
46.55.010(4)) Sec. 8.08.050. Abatement and removal of
junk vehicles on private prop.
1. Is three (3)years old or older; and erty.
2. Is extensively damaged, such damage in- A. Voluntary correction. Whenever the code en-
cluding, but not limited to any of the fol- forcement officer determines that a vehicle is a
lowing: a broken window or windshield or public nuisance and in violation of this chapter, a
missing wheels, tires, motor or transmis- reasonable attempt shall be made to secure vol-
sion; and untary correction from the landowner and the ve-
3. Is apparently inoperable; and hicle's registered owner.
4. Is without a valid, current registration B. Issuance of notice of civil violation. If the code
plate; and compliance officer does not obtain voluntary cor-
5. Has an approximate fair market value rection of the public nuisance,the officer may issue
equal only to the approximate value of the a notice of civil violation to the landowner and the
scrap in it. vehicle's registered owner in accordance with the
provisions of Kent City Code 1.04.040.
Landowner means an owner of private prop-
erty,or a person in possession or control of private C. Content. For violations of this chapter the
property. notice of civil violation shall contain the following
(Ord. No. 3112, § 1, 5-18-93) information:
1. The name and address of the landowner
Sec. 8.08.030. Public nuisance declared. upon whose property the vehicle is located;
All junk vehicles certified as such by a law en- and
forcement officer or code enforcement officer des- 2. The name and address of the vehicle's last
ignated by the director according to RCW registered owner of record provided license
Supp.No. 2 650
HEALTH AND SANITATION ¢8.08.050
or vehicle identification numbers are avail- numbers are not available to determine owner-
able; and ship.
3. The vehicle description including: the li- E. Landowner responsibility disclaimer. The
cense plate number and/or the vehicle iden- landowner may appear in person at the hearing
tification number; the model year; the or present a written statement prior to the hearing,
make; and the factors which render the ve- to deny responsibility for the vehicle's presence
hicle a public nuisance; and on the property. I£ the hearing examiner deter-
mines that the vehicle was placed on the property
4. The street address of a description suffi- without the landowner's consent and that the land-
cient for identification of the property where owner has not subsequently acquiesced in its pres-
the vehicle is located; and ence, then the costs and expenses of administra-
5. The required corrective action and a date tion, removing, impounding and disposing of the
and time by which the correction must be vehicle shall not be assessed against the land-
completed; and owner or otherwise attempted to be collected from
said landowner.
6. The date, time and location of a hearing F. Removal by the city. Pursuant to the hearing
before the hearing examiner on the ques- examiner's orders,the vehicle or part thereof may
tion of abatement and removal of the ve- be removed at the request of a law enforcement
hicle or part thereof as a public nuisance officer,the city may use any lawful means to cause
which will be at least ten (10) days but no the vehicle to be removed from the private prop-
more than forty-five(45)days from the date erty and disposed of to a licensed motor vehicle
the notice is issued; and wrecker or hulk hauler or scrap processor, with
7. A statement indicating that the hearing notice to the Washington State Patrol and the
will be canceled and no monetary penalty Washington Department of Licensing that the ve-
will be assessed if the required corrective hicle has been wrecked.
action is completed at least forty-eight (48) G. Recovery of costs and expenses.
hours prior to the scheduled hearing; and 1. The costs of removal and disposal shall be
8. A statement indicating that the city may assessed against the last registered owner
remove, impound and dispose of the ve- if the identity of the owner can be deter-
hicle, and assess all costs and expenses of mined unless the owner in.the transfer of
administration,removing,impounding and ownership complied with RCW 46.12.101,
disposing of the vehicle against the land- or against the owner of the property on
owner or the registered owner as ordered which the vehicle is stored, or both. If both
by the hearing examiner; and the owner of the vehicle and the property
9. A statement that a monetary penalty pur- owner are assessed the costs of removal,
suant to section 1.04.040 E. in an amount then liability for the costs shall be their
joint and separate obligation.
per day for each violation shall be assessed
against the landowner and/or the vehicle's 2. The costs of administration and of removal
registered owner as specified and ordered and disposal of the vehicle may be recov-
by the hearing examiner in accordance with ered pursuant to Kent City Code 1.04.060
section 1.04.040. D.
H. Conflict of provisions. The notice and re-
D. Service of notice. The notice shall be mailed lated requirements of this section,Kent City Code
by certified mail, with a five-day return receipt 8.08.050,are intended to supplement those of Kent
requested, to the owner of the land as shown on City Code 1.04.040, however, should a conflict
the last equalized assessment roll and to the last exist, the provisions of Kent City Code 8.08.050
registered and legal owner of record unless the shall prevail.
vehicle is in such condition that identification (Ord. No. 3112, § 1, 5.18-93)
Supp.No. 2 651
1 j
§ 8.08.060 KENT CITY CODE
Sec. 8.08.060. Violation; penalty.
A Any violation of any provision of this chapter
is a civil violation as provided for in Kent City
Code, Chapter 1.04,for which a monetary penalty
may be assessed and abatement may be required
as provided therein.
B. In addition to or as an alternative to any
other penalty provided in this chapter or by
law, any person who violates any provision
of this chapter shall be guilty of a misde-
meanor pursuant to section 1.01.140 of the
Kent City Code.
(Ord. No. 3112, § 1, 5-18-93)
Sec. 8.08.070. Rules and procedures.
The applicable department director in charge of
enforcement of this chapter may adopt such rules
as may be necessary to effectively implement and
administer this chapter.
(Ord. No. 3112, § 1, 5-18-93)
Supp.No.2 652
KENT CITY CODE CONCERNING
NUISANCES (JUNK) § 8.01.030
CHAPTER 8.01.PUBLIC NUISANCES*
Sec. 8.01.010. Definitions. mises,any of the acts or things declared in section
[The following words, terms and phrases, when 8.01.030 to be a public nuisance.
(Ord. No. 3111, § 5, 5-18-93)
used in this chapter, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:] Sec. 8.01.030. Types of nuisances.
Abate means to repair,replace, remove;destroy Each of the following conditions, unless other-
or otherwise remedy a condition which consti- wise permitted by law, is declared to constitute a
tutes violation of this chapter by such means and public nuisance, and whenever the director deter-
in such a manner and to such an extent as the mines that any of these conditions exist upon any
applicable department director determines is nec- premises, the director may provide for the abate-
essary in the interest of the general health,safety ment thereof and monetary penalties may be as-
and welfare'of the community. sessed pursuant to Kent City Code chapter 1.04,
Civil Violations, Enforcement and Abatement:
Building materials means and includes lumber,
plumbing materials, wallboard, sheet metal, 1. The existence of any trash, dirt, filth, the
plaster, brick, cement, asphalt, concrete block, carcass of any animal, manure or rubbish,
roofing material, cans of paint and similar mate- accumulation of yard trimmings,excluding
rials properly maintained yard compost,or other
matter which is offensive to a reasonable
Director means the director of the department person; except for such yard debris that is
in charge of code enforcement or his or her des- properly contained and concealed as not to
ignee or any designated alternate who is empow- affect the health, safety or depreciation of
ered by ordinance or by the mayor to enforce this adjoining property for the purpose of com-
chapter including assigned code enforcement offi- posting; or
cials.
2. Erecting, maintaining, using, placing, de-
Person means any individual firm, association, positing, leaving or permitting to be or re-
partnership,corporation or any other entity,public main in or upon any premises, which may
or private. be viewed or smelled from without the pre-
mises, or in or upon any street, alley, side-
Premises means any building, lot, parcel, real
estate or land or portion of land whether improved walk,park, parkway or other public or o
or unimproved, including adjacent sidewalks, vote place g the city, any one or more of
public rights-of-way, and parking strips and any the following disorderly,disturbing,ise an-
lake, river, stream, drainage way or wetland. causi fly-producing,rat-harboring,disease
(Ord. No. 3111, § 5, 5-18-93) causing places, conditions or things:
a. Any putrid,unhealthy or unwholesome
Sec. 8.01.020. Prohibited conduct. bones, meat, hides, skins, the whole or
any part of any dead animal, fish or
It is a violation of this chapter for any person to fowl, or waste parts of fish, vegetable
permit, create, maintain, or allow, upon any pre- or animal matter in any quantity; but
*Editor's note—Ord.No.3111,§4,adopted May 18, 1993,repealed former ch.8.01 in its entirety,which pertained to similar
subject matter.Section 5 of said Ord.No.3111 added a new ch.8.01 to read as herein set out.See the Code Comparative Table for
a detailed analysis of inclusion.
Cross references—Environmental policy, ch. 11.03; buildings, ch. 14.02; dangerous buildings, ch. 14.06; performance stan-
dards, § 15.08.050.
State law references—Nuisances, RCW 9.66.010 et seq.;public health authority,RCW 35A.70.070;abandoned or unclaimed
property,RCW 63.32.010 et seq.;disposition of certain unclaimed property,RCW 63.21.010 et seq.;local health departments,RCW
70.05.010 et seq.;mosquito control,RCW 70.22.010 et seq.
Supp. No. 2 613
§8.01.030 KENT CITY CODE
nothing herein shall prevent the tem to children,including but not limited to any
porary retention of waste in approved abandoned,broken or neglected equipment,
covered receptacles; or machinery, refrigerator, freezer, or other
b. Any privies,vaults,cesspools,open con- large appliance.
tainers of stagnant water, sumps, pits 7. Dense smoke, noxious fumes, gas and soot,
or like places which are not securely or cinders, in unreasonable quantities.
protected from flies and rats, or which
are malodorous; or 8. All snow and ice not removed from public
c. An accumulation of material including, sidewalks within a reasonable time after
but not limited to bottles, cans, glass, the snow and ice has ceased to be deposited
plastic,ashes, scrap metal,wire bric-a- thereon.
brac, broken stone or cement, broken 9. All trees,hedges,billboards,fences or other
crockery,broken glass,broken plaster, obstructions which prevent persons from
litter, rags, empty barrels, boxes, having a clear view of traffic approaching
crates, packing cases, mattresses, bed- an intersection from cross streets in suffi-
ding, packing hay, straw or other cient time to bring a motor vehicle driven
packing material or building materials at a legal speed to a full stop before the
on any premises which not properly intersection is reached.
stored or neatly piled or is offensive to
a reasonable person or in which flies or 10. Any use of property abutting on a public
rats may breed or multiply; or street or sidewalk or any use of a public
d. Accumulation of any litter, garbage, street or sidewalk which causes large
trash, refuse and/or rubbish; or crowds of people to gather, obstructing
e. The keeping, using or maintaining of traffic and the free use of the streets or side-
any pen, stable, lot, place or premises walks. This subsection shall not apply to
in which any hog,cattle or fowl may be events, programs or parades authorized by
confined or kept in such a manner as to the city council.
be nauseous, foul or offensive. 11. Any poisonous or harmful substance which
3. The existence of any fence or other struc- is reasonably accessible to persons or to an-
ture on private property abutting or imals.
fronting upon any public street, sidewalk 12. The keeping or harboring of any animal
or place which is in a sagging, leaning, which by frequent or habitual howling,
fallen, decayed or other dilapidated or un-
safe condition; or yelping, barking or the making of other
noises, or the keeping or harboring of any
4. The existence of wrecked or disassembled fowl which by frequent habitual crowing or
trailers, house trailers, boats, tractors or the making of other noises shall annoy or
other vehicle,appliance or machinery of any disturb a neighborhood or any considerable
kind, or any major parts thereof; or number of persons.
5. The existence on any premises of any aban- 13. Every building or unit within a building
doned or unused well, pit, shaft, cistern or used for the purpose of unlawfully manu-
storage tank without first demolishing or facturing, delivering, selling, storing or
removing from the premises such storage giving away any controlled substance as de-
tank, or securely closing and barring any fined in RCW ch. 69.50, legend drug as de-
entrance or trapdoor thereto or without fined in RCW 69.41,or imitation controlled
filling any well, pit, shaft or cistern or cap- substance as defined in RCW 69.52, and
ping the same with sufficient security to every building or unit within a building
prevent access thereto; or wherein or upon which such acts take place.
6. The existence in a place accessible to chil- 14. Soils contaminated by dangerous waste,
dren of any attractive nuisance dangerous hazardous substances or hazardous wastes
Supp. No. 2 614
HEALTH AND SANITATION §8.01.050
as those terms are defined in RCW
70.105.010.
(Ord. No. 3111, § 5, 5-18-93)
Sec. 8.01.040. Authorized act not a public
nuisance.
No act which is done or maintained under the
express authority of a statute or ordinance can be
deemed a public nuisance.
(Ord. No. 3111, § 5, 5-18-93)
Sec. 8.01.050. Violation; penalty.
A. Any violation of any provision of this chapter
constitutes a civil violation under Kent City Code
chapter 1.04 for which a monetary penalty may
be assessed and abatement may be required as
provided therein.
B. In addition to or as an alternative to any
other penalty provided in this chapter or by law,
any person who violates any provision of this
chapter shall be guilty of a misdemeanor pur-
suant to section 1.01.140 of the Kent City Code.
C. As an alternative to any other penalty pro-
vided in this chapter, pursuant to a violation of
Kent City Code 8.01.030 M., abatement proceed-
ings may be instituted under RCW ch. 7.43.
(Ord. No. 3111, § 5, 5-18-93)
Supp. No. 2 614.1
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CODE CHANGES THAT NEED TO BE MADE
15.08.080. Parking, storage or habitation of major recreational equipment.
Parking, storage or habitation of recreational equipment.
No more than (1) unit ; of a recreational vehicle as defined in Kent City Codes
15.02.338. or equipment shall be stored outside an enclosed building or structure on
residential property; said equipment shall be hidden from view of surrounding neighbors
and shall not be used for habitation.
15.08.08?. Parking or storage of commercial equipment and/or vehicles.
No commercial vehicles as defined by RCW 46.04.140, 552 and 530 over 1-ton or
commercial equipment shall be stored or parked on residential property or residentially
zoned property. Commercial equipment for the purposes of this section shall mean ??
15.08.090. Parking or storage of inoperable vehicle.
No more than (1) vehicle of any kind in inoperable condition not licensed nor legally
operable upon roadway shall be stored or parked on any residential or residentially
zoned property for more than (30) days, unless said vehicle is stored in an enclosed
area and hidden from view of surrounding neighbors.
DEFINITION:
INOPERABLE VEHICLE; shall be defined'as any vehicle that cannot be legally
operated upon public roadway in violation of RCW 46.16.010., 46.30.020., 46.32.060.,
and 46.37.010