HomeMy WebLinkAbout3110Ordinance No. 3110
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
REPEALED by Ord. 3565
ORDINANCE NO. 3110
AN ORDINANCE of the City Council of the
City of Kent, Washington, relating to civil
violations, enforcement of regulations,
providing civil penalties, abatement
procedures, and collection of any necessary
costs by the City.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. There shall be a new chapter added to Title
1 of the Kent City Code, Chapter 1.04, which shall read as follows:
CHAPTER 1.04
CIVIL VIOLATIONS. ENFORCEMENT
AND ABATEMENT
1.04.010. PURPOSE. The purpose of this chapter is to
establish an efficient system to enforce the development and use
regulations of the City, to provide an opportunity for a prompt
hearing and decision on alleged violations of these regulations,
and to establish monetary penalties for violations. This chapter
shall apply to violations of Chapter 8.01 (Public Nuisances), 8.07
(Weeds and Vegetation), 8.08 (Junk Vehicles), and other code
provisions making reference to this chapter.
1.04.020. DEFINITIONS. As used in this chapter, unless
a different meaning is plainly required:
A. "Abate" means to repair, replace, remove, destroy or
otherwise remedy a condition which constitutes a civil violation by
such means, 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. "Act" means doing or performing something.
C. "Applicable department director" means the director
of the department or his or her designee or any designated
alternate empowered by ordinance or by the Mayor to enforce a City
ordinance or regulation including assigned code enforcement
officials.
D. "Civil violation" means a violation for which a
monetary penalty 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.
E. "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.
F. "Emergency" means a situation which in the opinion
of the applicable department director requires immediate action to
prevent or eliminate an immediate threat to the health or safety of
persons or property.
G. "Hearing Examiner" means the Kent Hearing Examiner
and the office thereof established pursuant to Kent City Code,
Chapter 2.32.
H. "Omission" means a failure to act.
I. "Person" means any individual, firm, association,
partnership, corporation or any entity, public or private.
J. "Person responsible for the violation" means any
person who has an interest in the property.
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K. "Regulation" means and includes the following, as
now or hereafter amended:
1. Kent City Code Chapters 8.01 (Public
Nuisances), 8.07 (Weeds and Vegetation), 8.08 (Junk Vehicles);
2. All other code provisions making reference to
this chapter;
3. All standards, regulations and procedures
adopted by the City making reference to this chapter; and
4. The terms and conditions of any permit or
approval issued by the City, or any concomitant agreement with the
City pursuant to code provisions making reference to this chapter.
L. "Repeat violation" means a violation of the same
regulation in any location by the same person for which voluntary
compliance previously has been sought within two years or a notice
of civil violation has been issued within two years.
M. "Violation" means an act or omission contrary to a
City regulation.
1.04.030. VOLUNTARY CORRECTION.
A. Applicability. This section applies whenever the
applicable department director determines that a violation of a
regulation has occurred or is occurring.
B. General. The applicable department director shall
attempt to secure voluntary correction by contacting the person
responsible for the violation where possible, explaining the
violation and requesting correction.
C. Issuance of Voluntary Correction Aareement. A
voluntary correction agreement may be entered into between the
person responsible for the violation and the City, acting through
the applicable department director.
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1. Content. The voluntary correction agreement is
a contract between the City and the person responsible for the
violation under which such person agrees to abate the violation
within a specified time and according to specified conditions. The
voluntary correction agreement shall include the following:
a. The name and address of the person
responsible for the violation; and
b. The street address or a 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 regulation which has been violated; and
d. The necessary corrective action to be
taken, and a date or time by which correction must be completed;
and
e. An agreement by the person responsible for
the violation that the City may inspect the premises as may be
necessary to determine compliance with the voluntary correction
agreement; and
f. An agreement by the person responsible for
the violation that the City may abate the violation and recover its
costs and expenses and/or a monetary penalty pursuant to this
chapter from the person responsible for the violation if terms of
the voluntary correction agreement are not met; and
g. An agreement that by entering into the
voluntary correction agreement, the person responsible for the
violation waives the right to a hearing before the hearing examiner
under this chapter regarding the matter of the violation and/or the
required corrective action.
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2. Right to a Hearing Waived. Upon entering into
a voluntary correction agreement, the person responsible for the
violation waives the right to a hearing before the hearing examiner
under this chapter regarding the matter of the violation and/or the
(required corrective action.
3. Extension --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 if the person responsible for the violation has shown dues
diligence and/or substantial progress in correcting the violation
but unforeseen circumstances render correction under the original
conditions unattainable.
4. Abatement by the City. The City may abate the
violation in accordance with Section 1.04.060 if the terms of the
voluntary correction agreement are not met.
5. Collection of Costs. If the terms of the
voluntary correction agreement are not met the person responsible
for the violation shall be assessed a monetary penalty commencing
on the date set for correction and thereafter, in accordance with
Section 1.04.040(E), plus all costs and expenses of abatement, as
set forth in Section 1.04.060(D).
1.04.040. NOTICE OF CIVIL VIOLATION.
A. Issuance.
1. When the applicable department director
determines that a violation has occurred or is occurring, and is
unable to secure voluntary correction, pursuant to Section
1.04.030, the applicable department director may issue a notice of
civil violation to the person responsible for the violation.
2. The applicable department director may issue a
notice of civil violation without having attempted to secure
k,
voluntary correction as provided in Section 1.04.030 under the
following circumstances:
a. When an emergency exists; or
b. When a repeat violation occurs; or
C. When the violation creates a situation or
condition which cannot be corrected; or
d. When the person knows or reasonably should
have known that the action is in violation of a City regulation; or
e. The person cannot be contacted or refuses
to communicate or cooperate with the City in correcting the
violation.
B. Content. The notice of civil violation shall
include the following:
1. The name and address of the person responsible]
for that violation; and
2. 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
3. A description of the violation and a reference
to the provision(s) of the City regulation(s) which has been
violated; and
4. 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 Section
1.04.060; and
5. The date, time and location of an appeal
hearing before the Hearing Examiner which will be at least ten (10)
days but no more than forty-five (45) days from the date the notice
of civil violation is issued; and
C.
6. A statement indicating that the hearing will be
canceled and no monetary penalty will be assessed if the applicable
department director approves the completed, required corrective
action at least forty-eight hours prior to the hearing; and
7. A statement that the costs and expenses of
abatement incurred by the City pursuant to Section 1.04.060(D) and
a monetary penalty in an amount per day for each violation as
specified in Section 1.04.040(E) may be assessed against the person
to whom the notice of civil violation is directed as specified and,
ordered by the Hearing Examiner.
C. Service of Notice. The applicable department)
director shall serve the notice of civil violation upon the person
responsible for the violation, either personally or by mailing al
copy of the notice of civil violation to such person at their last
known address. If the person responsible for 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 copy of the notice of civil violation conspicuously on
the affected property or structure. 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 that due diligence was used in attempting
to serve the person personally or by mail.
D. Extension. Extensions of the time specified in the
notice of civil violation for correction of the violation may be
granted at the discretion of the applicable department director or
by order of the Hearing Examiner.
E. Monetary Penalty. The monetary penalty for each
i
violation per day or portion thereof shall be five hundred dollars
($500.00).
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F. Continued Duty to Correct. Payment of a monetary
penalty pursuant to this chapter does not relieve the person to
whom the notice of civil violation was issued of the duty to
correct the violation.
G. Collection of Monetary Penalty.
1. The monetary penalty constitutes a personal
obligation of the person to whom the notice of civil violation is
directed. Any monetary penalty assessed must be paid to the City
within ten calendar days from the date of mailing of the Hearing
Examiner's decision or a notice from the City that penalties are
due.
2. The City Attorney or his/her signee is
authorized to take appropriate action to collect the monetary
penalty.
1.04.050. HEARING BEFORE THE HEARING EXAMINER.
A. Notice. A person to whom a notice of civil
violation is issued will be scheduled to appear before the Hearing
Examiner not less than ten (10) calendar days but no more than
forty-five (45) days after the notice of civil violation is issued.
Extensions may be granted at the discretion of the applicable
department director.
B. Prior Correction of Violation. The hearing will be
canceled and no monetary penalty will be assessed if the applicable
department director approves the completed required corrective
action at least forty-eight (48) hours prior to the scheduled
hearing.
C. Procedure. The Hearing Examiner shall conduct a
hearing on the civil violation pursuant to the rules of procedure
of the Hearing Examiner. The applicable department director and
the person to whom the notice of civil violation was directed may
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participate as parties in the hearing and each party may call
witnesses. The City shall have the burden of proof to demonstrate
by a preponderance of the evidence that a violation has occurred
and that the required corrective action will correct the violation.
The determination of the applicable department director as to the
need for the required corrective action shall be accorded
substantial weight by the Hearing Examiner in determining the
reasonableness of the required corrective action.
D. Decision of the Hearing Examiner.
1. The Hearing Examiner shall determine whether
the City has established by a preponderance of the evidence that a
1:violation has occurred and that the required correction will
j'correct the violation and shall affirm, vacate, or modify the
City's decisions regarding the alleged violation and/or the
i
',required corrective action, with or without written conditions.
2. The Hearing Examiner shall issue an order to
the person responsible for the violation which contains the
I
following information:
a. The decision regarding the alleged)
violation including findings of fact and conclusions based thereon
in support of the decision;
b. The required corrective action;
C. The date and time by which the correction
Ill must be completed;
�I d. The monetary penalties assessed based on
!)the criteria in Section 1.04.050(D)(3);
e. The date and time after which the City may
proceed with abatement of the unlawful condition if the required
correction is not completed.
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3. Assessment of Monetary Penalty. Monetary
penalties assessed by the Hearing Examiner shall be in accordance
with the monetary penalty in Section 1.04.040(E).
a. The Hearing Examiner shall have the
following options in assessing monetary penalties:
i. Assess monetary penalties beginning
on the date the notice of civil violation was issued and
thereafter; or
ii. Assess monetary penalties beginning
on the correction date set by the applicable department director or
an alternate correction date set by the Hearing Examiner and
thereafter; or
Assess less than the established
monetary penalty set forth in Section 1.04.040(E) based on the
criteria of Section 1.04.050(D)(3)(b).
iv. Assess no monetary penalties.
b. In determining the monetary penalty
assessment, the Hearing Examiner shall consider the following
factors:
i. Whether the person responded to
staff attempts to contact the person and cooperated with efforts to
correct the violation;
ii. Whether the person failed to appear
at the hearing;
iii. Whether the violation was a repeat
violation;
iv. Whether the person showed due
diligence and/or substantial progress in correcting the violation;
V. Whether a genuine code
interpretation issue exists; and
vi. Any other relevant factors.
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C. The Hearing Examiner 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 Hearing Examiner shall consider the factors set
forth in Section 1.04.050(D)(3)(b).
4. Notice of Decision. The hearing examiner shall
mail a copy of the decision to the person to whom the notice of a
civil violation was issued and to the applicable department
director within ten (10) working days of the hearing.
E. Failure to Appear. If the person to whom the notice
of civil violation was issued fails to appear at the scheduled
hearing, the examiner will enter an order with findings pursuant to
Section 1.04.050(D)(2) and assess the appropriate monetary penalty
pursuant to Section 1.04.050(D)(3). The City will enforce the
Hearing Examiner's order and recover all related expenses, plus the
cost of the hearing and any monetary penalty from that person.
F. Appeal to Superior Court. An appeal of the decision
of the Hearing Examiner must be filed with Superior Court within
thirty (30) calendar days from the date the Hearing Examiner's
decision was personally served upon or was mailed to the person to
whom the notice of civil violation was directed, or is thereafter
barred.
1.04.060. ABATEMENT BY THE CITY.
A. The City may abate a condition which was caused by
or continues to be a civil violation when:
1. The terms of voluntary correction agreement
pursuant to Section 1.04.030 have not been met; or
2. A notice of civil violation has been issued
pursuant to Section 1.04.040 and a hearing has been held pursuant
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to Section 1.04.050 and the required correction has not been
completed by the date specified in the Hearing Examiner's order; or
3. The condition is subject to summary abatement
as provided for in Section 1.04.060(B).
B. Summary Abatement. Whenever any violation of a
i
(regulation causes a condition the continued existence of which
constitutes an immediate and emergent 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 the violation as soon as reasonably possible after
the abatement.
C. 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.
D. Recovery of Costs and Expenses. The costs,
including incidental expenses, of correcting the violation shall be
billed to the person responsible for the violation and/or the
owner, lessor, tenant or other person entitled to control, use
and/or occupy the property and shall become due and payable to the
City within ten calendar days. The term "incidental expenses"
includes but is not limited to personnel costs, both direct and
indirect, 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.
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E. Interference. Any person who knowingly obstructs,
impedes, or interferes with the City or its agents, or with the
;person responsible for the violation in the performance of duties
imposed by this chapter, or a decision and order issued by the
(Hearing Examiner or an agreement between the City and the person
responsible for the violation, is guilty of a misdemeanor.
1.04.070. Alternative Abatement Procedure.
Any property on which violations of this chapter remain
uncorrected after issuance of a notice of violation may, in
addition to the procedures outlined above, be abated in accordance
with the following additional procedures pursuant to RCW 35.21.310:
A. When requested by the applicable department director
and approved by the hearing examiner, the matter of a pending
violation may be submitted to the City Council for consideration
whenever the violation consists of debris upon property
constituting a fire hazard or a menace to public health, safety or
welfare. In such instance, the procedures set forth in Sections
1.04.030 through 1.04.060 shall be complied with to the extent not
in conflict herein except that the decision of the hearing examiner
pursuant to Section 1.04.050(D) shall be in the form of a
recommendation to the City Council. This alternate procedure may
be requested by the applicable department director at any time
prior to the hearing before the hearing examiner and only if the
hearing examiner makes a finding that the violation constitutes a
fire hazard or a menace to public health, safety or welfare
requiring removal or destruction of the debris constituting the
violation. After consideration, the Council may, by resolution,
either accept, reject or modify the hearing examiner's
recommendation and require the property owner to abate the
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violation by removal or destruction, at his or her cost and
'expense, within a time specified in the resolution.
B. The resolution shall not be passed until the
property owner is given at least five (5) days' notice of the
pendency of the proposed resolution. Such notice shall be served
by the applicable department director pursuant to Kent City Code
1.04.040(C). The notice, either accompanied with or incorporated
into the hearing examiner's recommendation, shall describe the
property involved, the nature of the hazardous condition, the
corrective action required, and the date of the Council meeting
during which the matter will be considered.
C. If the nuisance is not abated by the property owner
within the time fixed in the resolution, the applicable department
director may abate the same and mail a bill to the property owner
covering the cost to the City of such abatement, including the
applicable department director's expense. If the property owner
fails or refuses to pay the bill immediately, the applicable
department director shall file a lien therefor against the
property, which lien shall be in the same form, filed with the same
officer and within the same time and manner and enforced and
foreclosed as is provided by law for liens for labor and material.
1.04.080. ADDITIONAL ENFORCEMENT PROCEDURES. The
provisions of this chapter are not exclusive, and may be used in
addition to other enforcement provisions authorized by the Kent
City Code except as precluded by law.
1.04.090. CONFLICTS. In the event of a conflict between
this chapter and any other provision of the Kent City Code or City
ordinance providing for a civil penalty, this chapter shall
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control. Provisions of the Public Safety Code, Title 9, do not
,apply to this chapter.
1.04.100. MEANING OF TERMS. For the purposes of this
code, whenever "civil infraction" and "civil penalty" are used in
any code, ordinance or regulation of the City, these terms shall be
deemed to have the same meaning as the terms civil violation and
monetary penalty, respectively, as used herein.
1.04.110. SEVERABILITY. If any one or more sections,
subsections or sentences of this chapter are held to be
unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this chapter and the same
shall remain in full force and effect.
Section 2. Effective Date. This ordinance shall take
effect and be in force thirty (30 days after its passage, approval
and publication.
ATTEST:
BRENDA JACOB R, ITY CLERK
KELLEHER, MAYOR
A. LVBOVI , Y
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MPASSED the q day of _ 1993.
APPROVED the day of 1993.
PUBLISHED the a l_ day of 1993.
I hereby certify that this is a true and correct copy of
Ordinance No. /Q , passed by the City Council of the City of
Kent, Washington, and approved by the Mayor of the City of Kent as
hereon indicated.
civlviol.ord
Cd`T(SEAL)
BRENDA JACOB , CITY CLERK
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