Ordinance 29340006.1504003
WSS /are
05/18/93
ORDINANCE NO. 2934
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF CHAPTER
20.110 CIVIL VIOLATION: ENFORCEMENT
PROVISIONS IN ORDER TO PROVIDE FOR THE
ABATEMENT OF PUBLIC NUISANCES INCLUDING JUNK
VEHICLES OR PARTS THEREOF AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, junk vehicles located on private property are a
significant public nuisance, and
WHEREAS, the City Council has previously established a
civil violations enforcement procedure in order to deal with public
nuisances, and
WHEREAS, such provisions did not adequately address the
issue. of junk vehicles located on private property, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code is
hereby amended by the repeal of Chapter 20.110 CIVIL VIOLATION:
ENFORCEMENT PROCEDURE and its reenactment in the form set forth
below:
Chapter 20.110 CIVIL VIOLATION: ENFORCEMENT
PROCEDURE
20.110.010 PURPOSE. The purpose of this
ordinance is to establish an efficient system
to enforce the City of Edmonds Community
Development Code (ECDC), and the abatement of
public nuisances including junk vehicles or
parts thereof; to provide opportunity for a
prompt hearing and decision of alleged
violations; to establish monetary penalties
47561.1 -1-
for these violations of the ECDC; and, to
abate such violations. This chapter shall
coordinate with Chapter 8.50, on abandoned
vehicles.
20.110.020 DEFINITION SECTION.
A. City. Means the City of Edmonds,
Washington.
B. Civil Violation. Means a violation of a
provision of the City of Edmonds
Community Development Code for which a
monetary penalty may be imposed under
this chapter. Each day or portion of a
day during which a violation' occurs or
exists is a separate violation.
C. Junk Vehicle. Shall be defined as a
vehicle meeting any two (2) of the
following requirements:
1. Is three (3) years old or
older;
2. Is extensively damaged, such
damage including but not
limited to any of the
following: a broken or missing
window or windshield or missing
wheels, tires, motor, drive
train, brakes or transmission;
3. Is apparently inoperable;
4. Is without valid current
registration plates;
5. Has a fair market value equal
to the value of the scrap in
it;
Said vehicle shall be abated as described
in Section 20.110.050 of the Edmonds
Community Development Code.
D. Emergency. Means a situation in which
the Community Services Director or
his /her designee determines immediate
action is required to prevent or
47561.1 -2-
eliminate threat to health or safety of
persons or property.
E. Junk. Means discarded, broken or
disabled material including but not
limited to: furniture; appliances; toys;
or other items that are not in
functioning condition.
F. Litter. Means discarded waste materials,
including but not limited to: paper
wrappings; packaging material; discarded
or used bottles; and discarded or used
cans.
G. Person. Means any natural person, any
corporation, or any unincorporated
association or partnership.
H. Trash. Means waste food products and
other household garbage.
20.110.030 NUISANCE SECTION. No person
owning, leasing, renting, occupying or having
charge or possession of any property in the
City, including vacant lots, shall maintain or
allow to be maintained on any such property,
except as may be allowed by any other City
ordinance any of the following:
A. Junk, trash, litter, boxes, discarded
lumber, salvage materials in front yard,
side yard, rear yard or vacant lot.
B. Attractive nuisances dangerous to
children, including, but not limited to:
abandoned, broken or neglected equipment;
machinery; refrigerators and freezers;
excavations; and /or wells or shafts in
any front yard, side yard, rear yard or
vacant lot.
C. Broken furniture or discarded furniture,
household equipment and furnishings in
any front yard, side yard or vacant lot.
D. Graffiti on the exterior of any building,
fence or other structure in any front
yard, side yard, rear yard or on any
object in a vacant lot.
47561.1 -3-
E. Utility trailers or unmounted camper tops
located in any front yard, except the
driveway, or located in any vacant lot.
F. Vehicle parts or other articles of
personal property which are discarded or
left in a state of partial construction
or repair in any front yard, side yard,
rear yard or vacant lot.
G. Hazardous trees, or any other vegetation
which is dangerous to the public health,
safety and welfare, located in any front
yard, side yard, rear yard, or vacant
lot.
H. One or more junk vehicles or abandoned
vehicles in any front, rear or side yard
setback areas, driveways, or vacant lots.
20.110.040 ENFORCEMENT PROCEDURES.
A. Order to Correct Violation.
1. Issuance. Whenever the
Community Services Director or
his /her designee becomes aware
that a violation has occurred
or is occurring, he /she may
issue an Order to Correct
Violation to the property owner
or to any person causing,
allowing or participating in
the violation.
2. Content. The Community
Services Director or his /her
designee shall include the
following in the Order to
Correct Violation:
a. Name and address of
the property owner
or other person to
whom the Order to
Correct Violation is
directed; and
b. The location of the
subject property by
address or other
47561.1 -4-
description suffi-
cient for identifi
cation of the build-
ing, structure, pre-
mises or land upon
or within which the
violation has occu-
rred or is occur-
ring; and
c. The Code section
that has been vio-
lated; and
d. A description of the
violation; and
e. A statement of ac-
tion required to be
taken to correct the
violation; and
f. Date by which com-
pliance is required
to avoid monetary
penalties. This
date will be no less
than 24 hours from
the date and time
that the notice is
posed on the proper-
ty or no less than
three (3) days from
the date that the
letter is placed in
U.S. Mail; and
g. Statement that a
monetary penalty is
an amount per day
for each violation
shall be assessed
against the person
to whom the Order to
Correct Violation is
directed for each
and every day or
portion of a day on
which the violation
continues following
47561.1 -5-
the administrative
hearing.
3. Service of Order. The
Community Services Director or
his /her designee shall serve
the Order to Correct Violation
upon the person to whom it is
directed, either by sending a
copy by U.S. Mail to the last
known address of the person
responsible for the violation,
or by posting a copy
conspicuously on the site or by
serving a copy of the notice
personally on the person
responsible for the violation.
B. Notice of Civil Violation.
1. Issuance. If the person
responsible for the violation
fails to correct or cause the
correction of the violation
within the time given by the
order to correct the violation,
a Notice of Civil Violation
will be issued to each person
to whom the Order to Correct
Violation directed.
2. Issuance in an emergency or for
repeat violations. The
Community Services Director or
his /her designee may issue a
Notice of Civil Violation
without having issued an Order
to Correct where an emergency
exists or a repeated violation
occurs.
3. Content. The applicable
department director or his /her
designee shall include the
following in the Notice of
Civil Violations
a. The name and address
of the property own-
er or the person to
47561.1 -6-
whom the notice is
directed; and
b., The location of the
subject property by
address or other
description suffi-
cient for the iden-
tification of the
subject property;
and
C. The code section
that has been vio-
lated; and
d. A description of the
violation; and
e. A statement that a
monetary penalty in
an amount per day is
assessed against the
person to whom the
violation is direct-
ed for each and ev-
ery day or portion
of a day during
which the violation
continues; and
f. Date by which com-
pliance is required
to avoid abatement
by the City. This
date will be no less
than ten (10) days
from the date of the
Notice to Correct
Violation; and
g. A statement that the
person to whom the
Notice of Civil Vio-
lation is directed
must correct the
violation and may
pay the monetary
penalty imposed to
the City of Edmonds
Planning Division or
47561.1 -7-
may appeal the No-
tice of Civil viola-
tion to the City of
Edmonds Hearing Ex-
aminer.
4. Service of Notice. The
Community Services Director or
his /her designee shall serve
the Notice of Civil Violation
upon the person to whom it is
directed, either by sending a
copy by U.S. Mail to the last
known address of the person
.responsible for the violation,
or by posting a copy
conspicuously on the site or by
serving a copy of the notice
personally on the person
responsible for the violation.
C. Appeal to Hearing Examiner.
1. General. A person to whom the
Notice of Civil Violation is
directed may appeal the Notice
of Civil Violation by filing a
written notice of appeal with
the Community Services Director
within ten (10) days of the
date the notice is placed in
the mail, or seven (7) days
from the date the notice is
posted conspicuously on the
property or served personally
on the person responsible for
the violation.
2. Notice of Hearing. Notice of
hearing will be sent by mail,
posted on the site, or served
in person upon the violating
party no less than five (5)
calendar days before the time
fixed for the hearing.
3. Hearing by City Violations
Hearing Examiner.
a. At the time stated
in the notice, the
47561.1 -8-
Violations Hearing
Examiner will hear
all relevant objec-
tions, protests and
shall receive testi-
mony under oath.
Said hearings may be
continued from time
to time. If contin-
ued to a date cer-
tain, no new posting
is required.
b. If the Violations
Hearing Examiner
finds that a viola-
tion of the ECDC
exists and that
there is sufficient
cause to abate the
same, the Hearing
Examiner will pre-
pare findings and an
order within 24
hours which shall
specify.:
1) the nature of
the violation;
and
2) the amount of
fine per day;
and
3) the method of
abatement; and
4) the time by
which abatement
is to be com-
pleted.
D. Appeal to Superior Court. Action taken
by the Hearing Examiner constitutes a
final decision and shall be appealable
only to the Snohomish County Superior
Court, provided that any petition for
review shall be filed no later than ten
(10) working days after the service of
47561.1 -9-
the written order of the Hearing
Examiner.
E. Abatement by the City. If the violation
has not been corrected by the time
ordered by the Violations Hearing
Examiner, or by the correction date
ordered by the Notice of Civil Violation,
an Abatement Notice shall be sent by mail
to the person responsible for the
violation at their last known address,
shall be posted in a conspicuous location
on the site or served personally on the
person responsible for the violation no
less than ten (10) working days prior to
abatement by the City. The City, its
employees or agents are expressly
authorized to enter said property for the
purposes of abatement of said violation.
The actual cost of abatement, including
any incidental cost such as, but not
limited to: staff time; legal costs;
cost of postage or service; and any other
reasonable, incidental cost shall be
calculated and added to the monetary
penalties. The City shall be free to
employ appropriate contractors to remedy
the situation and may pass through all
costs of such contractors as incidental
costs of abatement.
F. Monetary Penalties. Violations shall be
assessed at the rate of one hundred
dollars ($100) per day, or portion of day
thereof, for each and every day after the
service of the Notice of Civil Violation,
unless appealed to the Hearing Examiner,
in which case violations shall be
assessed at the rate of one hundred
dollars ($100) per day, or portion of day
thereof, for each and every day after the
Violations Hearing Examiner finds that a
violation exists and the hearing order
has been served. The Violations Hearing
Examiner may also grant an extension of
the date upon which fines begin in order
to allow for a reasonable period of
abatement. Such an extension shall not
exceed ten (10) calendar days.
47561.1 -10-
G. Collection of Monetary Penalties. The
monetary penalties constitute a personal
obligation of the persons to whom the
Order to Correct is directed. Any
monetary penalty must be paid to the City
of Edmonds Planning Division within ten
(10) working days from the date of
service of the Hearing Examiner Order or
as ordered by Superior Court if the
Hearing Examiner's decision is appealed.
20.110.050 SEPARATE NUISANCE ABATEMENT
PROCEEDINGS FOR JUNK VEHICLES.
A. Statutes Adopted by Reference:
1. RCW 46.55.010 Sections (2),
(3) , (4) , (6) , (7) , (8) , (9) ,
(10), (11) and (12) only.
2. RCW 46.55.070 Posting
requirements -- Exception.
3. RCW 46.55.090 Storage, return
requirements -- personal
belongings -- combination
endorsement for tow truck
drivers -- authority to , view
impounded vehicle.
4. RCW 46.55.100 Impound notice- -
abandoned vehicle.
5. RCW 46.55.110 Notice to legal
and registered owners.
6. RCW 46.55.120 Redemption of
vehicle - -Sale of unredeemed
vehicles.
7. RCW 46.55.130 Notice
requirements public auction
accumulation of storage
charges..
8. RCW 46.55.140 Operator's lien,
deficiency claim, liability.
9. RCW 46.55.230 Junk vehicles- -
certification, notification,
removal, sale.
47561.1 _11-
B. Administrative Hearing Officer. All
abatement hearings required under this
section shall be conducted by an
administrative hearings officer. The
Edmonds Hearings Examiner shall serve as
the administrative hearings officer. A
decision made by the administrative
hearings officer under this section
regarding abatement shall be final, as to
abatement. Any hearing under this
section for abatement, should be
considered a separate matter from any
hearing regarding the underlying
violation outlined in the previous
sections of this chapter. Provided
however, this does not mean the two
separate actions cannot be heard
simultaneously by the Hearing Examiner,
with two separate rulings.
C. Abatement and Removal of Unauthorized
Junk Motor Vehicles or Parts thereof from
Private Property.
1. The storage or retention of an
unauthorized junk motor vehicle
or parts thereof, as defined
herein, on private property is
declared to constitute a public
nuisance subject to removal and
impoundment. The code
enforcement officer shall
inspect and investigate
complaints relative to
unauthorized junk motor
vehicles, or parts thereof on
private property. Upon
discovery of such nuisance, the
code enforcement officer shall
give notice in writing to the
last registered owner of record
if identifiable and the
property owner, of the
violation of the nuisance
provisions and demand that both
abate the nuisance or the
vehicle will be removed and
costs will be assessed against
them. The notice shall also
inform both that a hearing
before the Edmonds Hearing
47561.1 -12-
Examiner may be requested in
writing, directed to the City
Planner Manager within ten (10)
days of said notice, and that
if no hearing is requested
within ten (10) days, the
vehicle will be removed at
their expense.
2. If a request for a hearing is
received, a notice giving the
time, location, and date of the
hearing on the question of
abatement and removal of the
vehicle : or parts thereof as a
public nuisance shall be
mailed, by certified mail with
a five (5) day return receipt
requested, to the owner of the
land as shown on the last
equalized assessment roll and
to the last registered and
legal owner of record unless
the vehicle is in such
condition that the
identification numbers are not
available to determine
ownership.
3. The owner of the land on which
the vehicle, is located may
appear in person at the hearing
or present a written statement
in time for consideration at
the hearing, and deny
responsibility for the presence
of the vehicle on the land,
with reasons for the denial and
that she /he has not given
consent for the vehicle to be
there. If it is determined at
the hearing that the vehicle
was placed on the land without
the consent of the landowner
and that she /he has not
subsequently acquiesced in its
presence, then the court shall
not assess costs of
administration or removal of
the vehicle against the owner
of the property upon which the
47561.1 -13-
vehicle is located or otherwise
attempt to collect the cost
from the owner of the property.
4. Costs of removal of vehicles or
parts thereof under this
section shall be assessed
against the last registered
owner of the vehicle or
automobile hulk if the identity
of the owner can be determined,
unless the owner in the
transfer of ownership of the
vehicle or automobile hulk
complied with RCW 46.12.101, or
the costs may be assessed
against the owner of the
property on which the vehicle
is stored, unless the property
owner establishes the facts set
forth above in subsection C.
5. This section shall not apply
to:
a. A vehicle or part
thereof that is com-
pletely enclosed
within a building in
a lawful manner
where it is not vis-
ible from the street
or other public or
private property; or
b. A vehicle or part
thereof that is
stored or parked in
a lawful manner on
private property in
connection with the
business of a lic-
ensed dismantler or
licensed vehicle
dealer and is fenced
according to RCW
46.80.130.
6. After notice has been given of
the City's intent to dispose of
47561.1 -14-
the vehicle and after a
hearing, if requested, has been
held, the vehicle or parts
thereof shall be removed at the
request of the code enforcement
officer and disposed of to a
licensed motor vehicle wrecker
or hulk hauler with written
notice being provided to the
Washington State Patrol and the
Department of Licensing that
the vehicle has been wrecked or
otherwise lawfully disposed of.
D. Owner of Record Presumed Liable for Costs
when Vehicle Abandoned -- Exceptions.
1. The abandonment of any junk
vehicle or hulk shall
constitute a prima facia
presumption that the last owner
of record is responsible for
such junk vehicle and thus
liable for any costs incurred
in removing, storing and
disposing of said vehicle.
2. A registered owner transferring
a vehicle shall be relieved
from personal liability under
this chapter if within five (5 )
days of the transfer she /he
transmits to the Planning
Division a seller's report of
sale on a form prescribed by
the Planning Manager to show
that the vehicle had been
transferred prior to the date
notice was given to him /her of
the need to abate.
E. Owner or Agent Required to Pay Charges -
Lien.
1. Any costs incurred in the
removal and storage of an
impounded shall be a lien upon
the vehicle. All towing and
storage charges on such vehicle
impounded shall be paid by the
owner or his /her agent if the
47561.1 _15-
vehicle is redeemed. In the
case of abandoned vehicles, all
costs of removal and storage
shall be paid by the owner or
his /her agent if the vehicle is
redeemed, but if not redeemed,
such costs shall be received
from the proceeds of sale.
2. Either a registered or legal
owner may claim an impounded
vehicle by payment of all
charges that have accrued to
the time of reclamation. If
the vehicle was impounded at
the direction of a law
enforcement agency, the person
in possession of the vehicle
prior to the time of
reclamation shall notify such
agency of the fact that the
vehicle has been claimed, and
by whom.
F. Written Impound Authorization Form.
Whenever the code enforcement officer
impounds a vehicle pursuant to the
provisions of this chapter, the officer
shall complete an authorization form
approved by the Chief of Police which
specifics the section of this chapter or
RCW 46.55 authorizing the impound. In
the alternative, a law enforcement notice
of infraction or citation for an offense
which authorized the impound may be
substituted at the officer's discretion.
Section 2. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
47561.1 -16-
Section 3. Effective Date. This ordinance, being an
administrative action, is not subject to referendum and shall take
effect five (5) days after publication.
APPROVED:
oly"o OEM M.
ATTEST /AUTHENTICATED:
A F
CLERX_,AHONDA J. MARCH
APPROVED AS TO FORM:
OFFIC TH I Y ATTORNEY:
BY
FILED WITH THE JITY CLERK: May 20, 1993
PASSED BY THE CITY COUNCIL: June 1, 1993
PUBLISHED: June 6, 1993
EFFECTIVE DATE: June 11, 1993
ORDINANCE NO. 2934
47561.1 -17-
SUMMARY OF ORDINANCE NO. 2934
of the City of Edmonds, Washington
On the lst day of June , 1993, the City Council of
the City of Edmonds, passed Ordinance No. 2934 A summary
of the content of said ordinance, consisting of the title, provides
as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 20.110 CIVIL VIOLATION: ENFORCEMENT
PROVISIONS IN ORDER TO PROVIDE FOR THE ABATEMENT OF PUBLIC
NUISANCES INCLUDING JUNKED VEHICLES OR PARTS THEREOF AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
Penalty provisions provide-as follows:
E. Abatement by the City. If the violation
has not been corrected by the time
ordered by the Violations Hearing
Examiner, or by the correction date
ordered by the Notice of Civil Violation,
an Abatement Notice shall be sent by mail
to the person responsible for the
violation at their last known address,
shall be posted in a conspicuous location
on the site or served personally on the
person responsible for the violation no
less than ten (10) working days prior to
abatement by'the City. The City, its
employees or agents are expressly
authorized to enter said property for the
purposes of abatement of said violation.
The actual cost of abatement, including
any incidental cost such as, but not
limited to: staff time; legal costs;
cost of postage or service; and any other
reasonable, incidental cost shall be
calculated and added to the monetary
penalties. 'The City shall be free to
employ appropriate contractors to remedy
the situation and may pass through all
costs of such contractors as incidental
costs of abatement.
request.
F. Monetary Penalties. Violations shall be
assessed at the rate of one hundred
dollars ($100) per day, or portion of day
thereof, for each and every day after the
service of 'the Notice of Civil Violation,
unless appealed to the Hearing Examiner,
in which case violations shall be
assessed at the rate of one hundred
dollars ($100) per day, or portion of day
thereof, for each and every day after the
Violations Hearing Examiner finds that a
violation exists and the hearing order
has been served. The Violations Hearing
Examiner may also grant an extension of
the date upon which fines begin in order
to allow for a reasonable period of
abatement. Such an extension shall not
exceed ten (10) calendar days.
G. Collection of Monetary Penalties. The
monetary penalties constitute a personal
obligation of the persons to whom the
Order to Correct is directed. Any
monetary penalty must be paid to the City
of Edmonds Planning Division within ten
(10) working days from the date of
service of the Hearing Examiner Order or
as ordered by Superior Court if the
Hearing Examiner's decision is appealed.
The full text of this Ordinance will be mailed upon
DATED this 2nd day of
June . 1993.
STATE OF WASHINGTON,
ss.
COUNTY OF SNOHOMISH,
E. Abatement by it
by the time ord
by the correctioi
an Abatement
responsible for 1
be posted In a
personally on th
than ten (10) wo
City, Its employ
enter said prop
violation. The ac
tai cost suctips,
of postage or s
cost shall be cal
The City shall t
remedy the situ
contractors as I
F. Monetary PenaH
one hundred dol
for each and evl
Violation unless
case vlo6ions a
dollars ($100) Pe
eve
ryY day offer
violation exists 1
Violations Heorh
the date upon wt
able period of at
ten (10) calendar
G. Collect on of M
S -2 -1
OF
Affidavit of Publication
RECEIVED
JUN111993
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Dy me V1010non5 Hearing Examiner or
e ordered by the by mail of Civil Violation,
lo(atlon their lostknown address shall Summary of Ordinance No. 2.9.3.4
spicuous location on tila site or served
rson responsible for the violation no less
days prior to abatement by the City. The
or agents are expressly authorized to C i t O f Edmonds
"
for the purposes of abatement of sold ... .y ............................. ...................................................................................'--------
cost of abatement including any Inciden-
not limited to: staff time; legal costs- cost
:e; and any other reasonable, Incldentol
'ed and added to the monetary penalties.
.e to employ appropriate contractors fo ....................................................................................................... ...............................
and may pass through oil costs of such
k oiano s shall be assessed at the rate of a printed copy of which is hereunto attached, was published in said
($ 700) per day, or portion of day thereof
ay after the ay of the Notice of Civlf newspaper proper and not in supplement form, in the regular and
Baled to the Hearing Examiner, in which
be °pps%oo?tlo dof aw thereof one
or hundred entire edition of said paper on the following days and times, namely:
flolattons Hearing Examiner finds that a
'he hearing order has been served. The
cominer may also grant an extension of
'Ines begin In order to allow for a reason.
nent. Such an extension shall not exceed June 6 1993
S. ................. t.........._..................---..........---'•---................................... ...............................
ory Pena es. The monetary penalties
obligation of the persons to whom the
Ilrected. Any monetary penal must be
lmonds Planning Division with n ten (10)
the date of service of the Hearing .................................................................•--'---.........---............---. ...............................
as ordered by Superior Court If the
lecislon Is appealed and that Sal 13 was re
dinonce will be mailed upon request. j paper regularly distributed to its subscribers
f.June 1993. RHOtiDA J. MARCH, Ctty Clerk
Burin of Sai period.
.................... .. ..... ........................... .. . .....!��:. ....:...........
incipal Clerk
Subscribed and sworn to before me this .......7th
June 93
yof ...... ' .. ...........................1 19.........
.................. ....................... \` ...... ..............
Notary Public in and to of Washington,
residing at Everet h ty.
I 4k
UWA .A �F SV