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HomeMy WebLinkAboutCity Council Committees - Public Safety (Committee) - 09/10/2013 (3) Public Safety Committee Agenda T Councilmembers: Les Thomas • Dana Ralph • Bill Boyce, Chair (CEN September 10, 2013 5:30 p.m. Item Description Action Speaker(s) Time Paqe 1. Approval of August 13, 2013 minutes Yes Bill Boyce 5 min 1 2. Ordinance Amending KCC 8.01 — Establishing "Chronic criminal nuisance" Yes Tami Perdue 5 min 5 3. School Zone Traffic Safety Camera Update (Information Only) No Pat Fitzpatrick 5 min 19 4. Police Chief's Update No Chief Ken Thomas 5 min 21 Unless otherwise noted, the Public Safety Committee meets the 2ntl Tuesday of each month at 5:30 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov. Any person requiring a disability accommodation should contact the City Clerk's Office at(253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank. 1 KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES August 13, 2013 COMMITTEE MEMBERS: Les Thomas, Dana Ralph (excused absence), and William Boyce, Chair. The meeting was called to order by Chairperson William Boyce at 5:32 p.m. Changes to the Agenda: Chief Ken Thomas moved Item seven - Cumulative grant donations to the Youth Conference and Drinking Driver Task Force funds to item 4 and Item 10 - Post National Night Out report to item 9. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to approve the June 11, 2013 minutes. Motion PASSED 2-0. 2. Contract/Bennett Group (Police Training) Chief Ken Thomas presented information regarding the Bennett Group providing training to the entire police department workforce on civility-type issues. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend authorizing the Mayor to sign a contract with the Bennett Group, in an amount not to exceed $10,500 for police department training on workplace civility as well as workplace bullying prevention and intervention issues and strategies, subject to final terms and conditions acceptable to the city attorney and police chief. Motion PASSED 2-0. 3. Agreement - King County Sheriff's Office Cost Reimbursement (Verification of address and residency of registered sex and kidnapping offenders) Debra Leroy, Research and Development Analyst with the Kent Police Department, presented information regarding the annual contract with the King County Sheriff's Office for reimbursement for overtime salaries and benefits for a detective to go out and verify sex offender addresses. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend the Mayor sign the Cost Reimbursement Agreement with the King County Sheriff's Office in the amount of $73,912.60, for the purpose of verifying the address and residency of registered sex and kidnapping offenders, with terms and conditions acceptable to the city attorney and police chief. Motion PASSED 2-0. 4. WATPA Grant - PATROL Task Force Debra Leroy, Research and Development Analyst with the Kent Police Department, presented information on the Washington Auto Theft Prevention Authority Grant that is awarded to the Federal Way Police Department with the Kent Police Department managing the grant. The City has received this grant since 2008. The task force is the most productive auto theft task force Public Safety Committee Minutes August 13, 2013 1 2 in the state of Washington in addition to providing training to other jurisdictions throughout the state. Debra Leroy presented the following statistics regarding the task force: The task force consists of 17 cities and 2 King County precincts. From 2010 - 2012 the number of stolen vehicles in the areas represented by these partner cities increased 9%, the number of recovered vehicles increased 12%, and the number of auto theft-related arrests increased 52%. This task force was instrumental in presenting legislation that increased the statute of limitations for trafficking stolen vehicles from 3 to 6 years. Chief Ken Thomas presented additional information regarding the success of the task force and the benefit of the task force for the Kent Police Department. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend Council authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $1,614,000, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms and conditions acceptable to the city attorney and police chief. Motion PASSED 2-0. S. Contract/North Star (Firing Range Repairs) Chief Thomas presented information regarding the North Star Contract for repairs to the Kent Police Department firing range. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend Council authorize the Mayor to sign a contract with North Star Construction and Environmental for repairs to the Kent Police Department firing range, in an amount not to exceed $49,767.75, subject to terms and conditions acceptable to the police chief and city attorney. Motion PASSED 2-0. 6. Ordinance amending KCC 9.02, adding a new Section 9.02.295 entitled "Menacing." establishing the crime of Menacing. Julie Stormes, city of Kent Prosecuting Attorney, presented information on the Ordinance amending the code to include the crime labeled "menacing." The prosecutor's office has encountered facts where a suspect's actions fall short of the crime of stalking, only because his or her behavior is continuous and not divided into two or more separate occasions. Councilmember Thomas questioned if this same provision is found in other cities. Julie Stormes indicated that she drafted the ordinance after looking at New York's statutes that were similar to this proposed ordinance. Councilmember Boyce questioned if the court is aware of this provision. Julie Stormes responded that if this ordinance is adopted, the prosecutor's office would start citing this offense that may or may not be challenged in Court. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02 of the Kent City Code, entitled "Criminal Code," by adding a new Section 9.02.295 entitled "Menacing," that establishes the crime of menacing. Motion PASSED 2-0. Councilmember Thomas recommended placing this item on "Other Business" on the Council agenda. Public Safety Committee Minutes August 13, 2013 2 3 7. Cumulative grant donations to the Youth Conference and Drinking Driver Task Force funds Sara Wood, Public Education Specialist with the Kent Police Department, presented information regarding the two fund balances that have accumulated donation funds. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend Council authorize the Mayor to accept the current Youth Conference Donation fund balance of $34,333, and the Drinking Driver Task Force fund balance of $13,163, authorizing amending the budget and expenditure of the funds in accordance with the grant terms and conditions acceptable to the police chief and city attorney. Motion PASSED 2-0. S. State Farm grant - Illegal Street racing enforcement Sara Wood, Public Education Specialist with the Kent Police Department, presented information regarding the State Farm grant to support implementation of an Illegal Street racing enforcement operation. The City received a mini grant for operations that will take place from August through the end of September. After deliberating, Councilmember Thomas MOVED and Councilmember Boyce SECONDED a Motion to recommend Council authorize the Mayor accept the State Farm Grant, in the amount of $3,750, for implementation of an illegal street racing enforcement operation, authorize amending the budget and expenditure of the funds in accordance with the grant terms, subject to approval of the city attorney and police chief. Motion PASSED 2-0. 9. Post National Night Out Report Sara Wood, Public Education Specialist with the Kent Police Department, presented information on the National Night Out event held August 61h. This was the 291h year that the city of Kent participated. Target was a national sponsor of the event. There were 110 events throughout the city of Kent: 65 on the East hill, 24 in the valley, 21 events on the West hill (12 events on the West hill were new events). There were 80 visitors and 28 vehicles not including patrol cars or fire trucks. The Next step is to submit the application for an award. Last year the City received 10th in the nation in the category for populations 100,000 to 299,000. Next year August 5th is National Night Out. Additional information can be found on the City's Facebook and website. 10. Post Fourth of July Report Jon Napier, Division Chief Fire Marshall, Kent Regional Fire Authority presented an after action report on the events of the Fourth of July. After action report: 6 This year was a fairly quiet 4th of July 9 190 complaints were taken 6 71 fireworks seizures Y 129 warnings issued C 1 citation 1 arrest 6 No felony illegal explosive devices - rare 6 2 injuries Public Safety Committee Minutes August 13, 2013 3 4 6 3 fires • Confiscated 150 pounds of fireworks Notes: • Smoke bombs thrown into car by unknown juvenile - arson investigating. • Allegations were made that they illegal fireworks were purchased from a local fireworks stand. After an investigation, no illegal fireworks were found on the premises. • A patrol officer viewed an explosion at a church and found that the suspect had altered an illegal firework. The individual was cited with reckless discharge and use, which is a gross misdemeanor. • This year's report will serve as a baseline report for comparison in future years. Councilmember Boyce thanked Jon Napier for organizing the partnership of the Kent Police Department and Kent Regional Fire Authority so that baseline statistics could be gathered and presented. Councilmember Thomas asked how many complaints were responded to. Police Chief Ken Thomas and Fire Marshall Napier indicated that every complaint was responded to. 11. Chief's Update — Information Oniv Chief Kent Thomas informed the committee that additional information will be presented at a 2014 committee meeting requesting support of the "Alive and Free" gang outreach program for intervention and prevention. The cities of Auburn, Kent, Renton, and Tukwila contribute $30,000 annually to the program for the funding of two outreach workers. The funds come from the city's seized asset funds. This program provides positive outreach to kids through the schools in addition to contacting kids prior to court dates to ensure they make it to court. This program provides a broad approach in trying to get youth back on track and is very beneficial to the city of Kent. Chief Thomas provided an update on police department staffing. Currently the police department is allotted 144 commissioned police officer positions. Six are currently frozen through the criminal justice fund. There are currently 135 officers. There are 8 officers in the field training officer program or at the academy. The three at the academy are projected to be out on their own in April, 2014. The 3 lateral officers are in various stages of training and are expected to be out on their own around December, 2013. The police department is making progress towards fully staffing the positions. Assistant Chief Padilla is in charge of the support services division that is responsible for hiring and recruiting officers and is working closely with officer Bobby Hollis. Adiournment Councilmember ZX7 the meeting at 6:07 p.m. Kim A. Komoto Public Safety Committee Minutes August 13, 2013 4 5 LAW DEPARTMENT Arthur "Pat' Fitzpatrick, Acting City Attorney Phone: 253-856-5781 KENT Fax: 253-856-6770 WASHING70N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: September 10, 2013 TO: Public Safety Committee SUBJECT: Ordinance Amending KCC 8.01 to Establish a Chronic Criminal Nuisance MOTION: Move to recommend Council adopt an ordinance amending Chapter 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when 3 instances of criminal conduct occur on a property within a one-year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct. SUMMARY: The Kent Police Department often responds to service calls from neighbors whose use of their property is disturbed by criminal conduct that occurs on a neighboring property. Even if police officers are able to make an arrest as a result of that criminal conduct, that conduct often repeats itself within a short period of time to the detriment of surrounding neighbors and their properties. These chronic criminal nuisance properties, and the responsible persons who fail to take corrective action, have a negative impact upon the quality of life, safety, and health of the neighborhoods where they are located and create a nuisance. These chronic criminal nuisance properties are also a financial burden to the city as they result in repeated calls for service and the redirection of valuable police services. While criminal prosecution may allow criminal offenders to be held accountable for their crimes through the court process, that court action does nothing to hold the property owners liable for the conduct they allow to occur on their property that negatively impacts their neighbors. This ordinance seeks to remedy nuisance activities that repeatedly occur or exist at chronic criminal nuisance properties by providing a process for civil and criminal abatement, and by holding property owners and those responsible for the nuisance liable for the conditions they create or maintain in their neighborhood community. Exhibit: Ordinance Budget Impact: None 1 6 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Ch. 8.01 of the Kent City Code, entitled "Public Nuisances," to establish a "chronic criminal nuisance" that exists when three instances of criminal conduct occur on a property within a one year period and do not involve the property owner or occupants being the victims of the criminal conduct or contacting the police to report the criminal conduct. RECITALS A. The Kent Police Department often responds to service calls from neighbors whose use of their property is disturbed by criminal conduct that occurs on a neighboring property. Even if police officers are able to make an arrest as a result of that criminal conduct, that conduct often repeats itself within a short period of time to the detriment of surrounding neighbors and their properties. B. These chronic nuisance properties, and the responsible persons who fail to take corrective action, have a negative impact upon the quality of life, safety, and health of the neighborhoods where they are located. Chronic nuisance properties are also a financial burden to the city as they result in repeated calls for service and the redirection of valuable police services. Ch. 8.01 KCC - Chronic Nuisance Housing 1 7 C. This ordinance seeks to remedy nuisance activities that repeatedly occur or exist at chronic criminal nuisance properties by providing a process for civil and criminal abatement, and by holding property owners and those responsible for the nuisance liable for the conditions they create or maintain in their neighborhood community. D. For those properties where the owner does not appear to reside on the property, this ordinance additionally provides that the police department may provide notice to that non-resident owner of criminal conduct that has occurred on the owner's property. Because of the significant contacts the police department will have had with the occupants and owners of property at the time a property becomes a chronic criminal nuisance, this ordinance additionally provides that a Notice of Violation may be issued immediately after the third occurrence of criminal conduct within one year. E. Finally, this ordinance includes a few housekeeping revisions to make Ch. 8.01 KCC consistent with other code enforcement provisions found in the Kent City Code regarding joint and several liability and the degree of punishment applicable to a criminal charge resulting from a code enforcement violation. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, — Amendment. Chapter 8.01 of the Kent City Code, entitled "Public Nuisances," is amended to establish a nuisance for chronic nuisance properties as follows: Ch. 8.01 KCC — Chronic Nuisance Housing 2 8 Chapter 8.01 PUBLIC NUISANCES Sec. 8.01.010. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: A. Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes violation of this chapter by such means and in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety, and welfare of the community. B. Building materials means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint, and similar materials. C. Chronic criminal nuisance means any premises at which three (3) or more instances of criminal conduct occurs within a one (1) year period when such criminal conduct is committed by the person who either owns, occupies, leases, or rents the premises, or who is an invitee, licensee, or quest of the person who owns, occupies, leases, or rents the premises. D. Criminal conduct shall mean any criminal act that is defined by the city of Kent, the state of Washington, or the United States as a misdemeanor, gross misdemeanor, felony, or crime, or which is otherwise punishable by a sentence in a correctional facility, jail, or prison. Gang or gang-related activity, as those terms are defined by RCW 59.18.030, shall also be considered criminal conduct. The term shall also include the seizure and/or forfeiture of real or personal property pursuant to RCW 69.50.505 or a similar federal statute. Criminal conduct engaged in by any person who either owns, occupies, leases, or rents the premises, or who is an invitee, licensee, or quest of the person who owns, occupies, leases, or Ch. 8.01 KCC — Chronic Nuisance Housing 3 9 rents the premises, shall be deemed to have occurred on the premises even if such event does not conclude on the premises, provided that such criminal event originates or starts on the premises and is concluded within 100 feet of the premises. 1. Criminal conduct excluded from definition. For the purposes of this chapter, criminal conduct shall not include conduct wherein: a. The person who owns, occupies, leases, or rents the premises, or who is an invitee, licensee, or guest of the person who owns, occupies, leases, or rents the premises was the victim of the criminal conduct; or b. The person who owns, occupies, leases, or rents the premises, or who is an invitee, licensee, or quest of the person who owns, occupies, lease, or rents the premises contacted the police to report the criminal conduct. 2. Establishinq existence of criminal conduct. In establishing the existence of criminal conduct on the premises, the city shall have the burden of establishing an instance of criminal conduct by a preponderance of the evidence. The entry of a certified order of judgment and sentence, or other certified court document that establishes a conviction or the entry of a deferred prosecution or sentence, or any certified document maintained by the court that contains an entry of a finding of quilt, an admission to the commission of the criminal conduct, an admission to the facts that would establish the commission of the criminal conduct, or an acknowledgement that there are sufficient facts to prove the instance of criminal conduct, shall be sufficient proof of the occurrence of the criminal conduct; provided, that an absence of such court document(s) shall not prohibit the city from establishing that an instance of criminal conduct occurred. Police reports and other documentary Ch. 8.01 KCC — Chronic Nuisance Housing 4 10 evidence shall be admissible as evidence of criminal conduct; provided, that such reports are certified pursuant to RCW 9A.72.085. E. Director means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the mayor to enforce this chapter including assigned code enforcement officials. F. Graffiti means any unauthorized inscription, word, figure, picture, graphics, or design that is sprayed, painted, posted, pasted, drawn, or otherwise affixed to or upon any surface of public or private property. Signs regulated by Ch. 15.06 KCC shall not constitute graffiti under this chapter. G. Owner means one or more persons, jointly or severally, in whom is vested all or any part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including any part owner, joint owner, tenant in common, joint tenant, or tenant by the entirety of the whole or a part of such premises. H. Person means any individual,_ firm, association, partnership, corporation, or any other entity, public or private. I. Person responsible for the violation has the same meaning as that provided for in KCC 1.04.020(K), and for the purposes of this Ch. 8.01 KCC, specifically includes any person in actual or constructive possession of the premises, including but not limited to an owner, lessee, tenant, or occupant of the premises. J. Premises means any building, lot, parcel, real estate, or land or portion of land whether improved or unimproved, including adjacent sidewalks, public rights-of-way, and parking strips and any lake, river, stream, drainage way, or wetland. Sec. 8.01.020. Prohibited conduct. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any Ch. 8.01 KCC — Chronic Nuisance Housing 5 11 premises, any of the acts or things declared in KCC 8.01.030 to be a public nuisance. Sec. 8.01.030. Types of public nuisances. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, subjecting the person responsible for the violation to the penalties provided for in and wheneveF the dI~__tOF a_}_~•~I~__ that any of KCC 8.01.050a..d ngen___.Fy penalties n9ay be assessed 1. The existence of any trash, dirt, filth, the carcass of any animal, manure or rubbish, accumulation of yard trimmings, excluding properly maintained yard compost, or other matter which is offensive to a reasonable person; except for such yard debris that is properly contained and concealed as not to affect the health, safety, or depreciation of adjoining property for the purpose of composting. 2. Erecting, maintaining, using, placing, depositing, leaving, or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway, or other public or private place in the city, any one (1) or more of the following disorderly, disturbing, unsanitary, fly- producing, rat-harboring, disease-causing places, conditions, or things: a. Any putrid, unhealthy, or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish, or fowl, or waste parts of fish, vegetable, or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles; or b. Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits, or like places which are not securely protected from flies and rats, or which are malodorous; or Ch. 8.01 KCC - Chronic Nuisance Housing 6 12 C. An accumulation of material including but not limited to bottles, cans, glass, plastic, ashes, scrap metal, wire bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw, or other packing material or building materials on any premises which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or d. Accumulation of any litter, garbage, trash, refuse, and/or rubbish; or e. The keeping, using, or maintaining of any pen, stable, lot, place, or premises in which any hog, cattle, or fowl may be confined or kept in such a manner as to be nauseous, foul, or offensive. 3. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk, or place which is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition. 4. The existence of wrecked or disassembled trailers, house trailers, boats, tractors, or other vehicle, appliance, or machinery of any kind, or any major parts thereof. 5. The existence on any premises of any abandoned or unused well, pit, shaft, cistern, or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft, or cistern or capping the same with sufficient security to prevent access thereto. 6. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken, or neglected equipment, machinery, refrigerator, freezer, or other large appliance. Ch. 8.01 KCC - Chronic Nuisance Housing 7 13 7. Dense smoke, noxious fumes, gas, and soot, or cinders, in unreasonable quantities. S. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to be deposited thereon. 9. All trees, hedges, billboards, fences, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a legal speed to a full stop before the intersection is reached. 10. Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks. This subsection shall not apply to events, programs, or parades authorized by the city council. 11. Any poisonous or harmful substance which is reasonably accessible to persons or to animals. 12. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking, or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises shall annoy or disturb a neighborhood or any considerable number of persons. 13. Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing, or giving away any controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69.52 RCW, and every building or unit within a building wherein or upon which such acts take place. 14. Soils contaminated by dangerous waste, hazardous substances, or hazardous wastes as those terms are defined in RCW 70.105.010. Ch. 8.01 KCC - Chronic Nuisance Housing 8 14 15. The existence of graffiti on public property or on private property where the graffiti is visible from any vantage point located on public property, a railway, or any property open for business to the public. As used On this subseEtien, graffiti shall n9ean any unauthffized WOFd, figUFe, PiEtUFe, gFaphiEs, OF design that 05 SpFayed, painted, posted, 16. Maintaining, conducting, promoting, facilitating, permitting, or allowing a chronic criminal nuisance. Sec. 8.01.035. Joint and several liability. Joint and several liability. A public nuisance is actionable against the person responsible for the violation, as that term is defined in KCC 8.01.010(I), in accordance with KCC 8.01.050. Responsibility for a public nuisance under this chapter is joint and several, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. Sec. 8.01.037. Notification to non-resident owner of criminal conduct. If criminal conduct occurs on the premises that may create a chronic criminal nuisance, and the owner of the premises does not reasonably appear to the city to reside therein, the police department may cause notice to be sent to the premise's owner advising the owner of the occurrence of criminal conduct. Notice sent to the owner should set forth the date of the occurrence, the location of the occurrence, the nature of the occurrence, and the name of the person who engaged in the occurrence. Notice may be sent whenever the police department has reasonable grounds to believe that criminal conduct has occurred on the Ch. 8.01 KCC — Chronic Nuisance Housing 9 15 premises. Notice may be sent by first class mail, postage prepaid, to the last known address of the owner. 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. Sec. 8.01.050. Violation — Penalty. A. Civil code enforcement action. Any violation of any provision of this chapter constitutes a civil violation under Ch. 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein. For a violation involving a chronic criminal nuisance, a correction letter need not be issued under KCC 1.04.070 prior to the issuance of a Notice of Violation and the immediate assessment of a civil penalty under KCC 1.04.080. B. Criminal charge—Misdemeanor. 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, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety(90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. p ~au t to ^' ' ^^ C. Abatement proceedings. As an alternative to any other penalty provided in this chapter, 8.01.030(13) abatement proceedings may be instituted under Title 7 GhapteF 4-3 RCW. D. Repeat violation or failure to abate—Criminal misdemeanor charge—Chronic criminal nuisance. For the purpose of filing criminal charges under KCC 1.04.220 for a subsequent violation after a prior violation is deemed committed, the subsequent violation for a chronic criminal nuisance must occur within 180 days from the date the prior Ch. 8.01 KCC — Chronic Nuisance Housing 10 16 violation was deemed committed. For a chronic criminal nuisance, a subsequent violation is a single occurrence of criminal conduct. SECTION 2, — Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3, — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4, — Effective Date. This ordinance shall take effect and be in force five thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY Ch. 8.01 KCC — Chronic Nuisance Housing 11 17 PASSED: day of 2013. APPROVED: day of 2013. PUBLISHED: day of 2013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD MOORE, CITY CLERK P:\Civil\Ordinance\ChronicNuismceHousing-Ch8-01.doc Ch. 8.01 KCC - Chronic Nuisance Housing 12 18 This page intentionally left blank. 19 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: September 10, 2013 TO: Public Safety Committee SUBJECT: School Speed Zone Traffic Safety Camera Update - Information Only Information Only SUMMARY: Acting City Attorney, Pat Fitzpatrick will provide an update on the School Speed Zone Traffic Safety Camera program. EXHIBITS: None Budget Impact: None zo This page intentionally left blank. 21 POLICE DEPARTMENT � Ken Thomas, Chief of Police KENT Phone: 253-856-5800 w^ ° ° Fax: 253-856-6802 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: September 10, 2013 TO: Public Safety Committee SUBJECT: Chief of Police Update INFORMATION ONLY SUMMARY: Ken Thomas, the city of Kent Police Chief, will provide an update on current events affecting the police department. Exhibit: None Budget Impact: None