Ordinance 4179ORDINANCE NO.4179
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A MORATORIUM ON
RESIDENTIAL TENANT EVICTIONS AND DECLARING AN
EMERGENCY.
WHEREAS, Mayor Mike Nelson proclaimed an emergency in the City of Edmonds due to
the COVID-19 outbreak on March 5, 2020; and
WHEREAS, the facts stated in that proclamation continue to exist, as well as the following
additional facts; and
WHEREAS, the World Health Organization (WHO) has declared that COVID-19 disease
is a global pandemic, which is particularly severe in high risk populations such as people with
underlying medical conditions and the elderly, and the WHO has raised the health emergency to
the highest level requiring dramatic interventions to disrupt the spread of this disease; and
WHEREAS, on March 16, 2020, the Governor of Washington state issued an order
temporarily shutting down restaurants, bars, and other entertainment and food establishments, as
well as prohibiting public gatherings of 50 or more people; and
WHEREAS, national public health experts believe the lack of testing has masked the true
spread of COVID-19 virus, and that as of March 24, 2020, the state of Washington had 2,469
confirmed cases and 123 deaths, which could double every six days; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency to allow the government to marshal additional resources to combat the virus; and
WHEREAS, the COVID-19 crisis has had, and will continue to have, a significant impact
on the local economy impacting the retail, restaurant and other industries resulting in economic
hardship for small business owners due to loss of business income, layoffs and reduced work hours
for a significant percentage of this workforce; and
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WHEREAS, layoffs and substantially reduced work hours will lead to widespread
economic hardship that will disproportionately impact low- and moderate- income workers
resulting in lost wages and the inability to pay for basic household expenses, including rent; and
WHEREAS, in the last two weeks there has been a significant 50% drop in the number of
tenants appearing in court for their eviction hearings in King County resulting in default judgments
being entered and tenants losing substantial rights to assert defenses or access legal and economic
assistance; and
WHEREAS, the drop in court appearances in Snohomish County is likely similar to that
seen in King County; and
WHEREAS, evictions result in a loss of housing and create housing instability, potentially
increasing the number of people experiencing homelessness and creating a heightened risk of
disease transmission; and
WHEREAS, jurisdictions across the nation are considering or have implemented eviction
prevention to provide housing stability to dislocated workers during this unprecedented public
health emergency; and
WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the
City of Edmonds broad police powers to "make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws"; and
WHEREAS, the Washington State Legislature has declared a state policy to help residents
who are experiencing a temporary crisis in retaining stable housing to avoid eviction from their
homes, as expressed in Laws of 2019 c 356 section 1; and
WHEREAS, a temporary moratorium on residential evictions during the COVID-19
outbreak will protect the public health, safety, and welfare by reducing the number of individuals
and families entering into homelessness during this epidemic, which means lowering the number
of people who may develop the disease or spread the disease; and
WHEREAS, the COVID-19 emergency requires the adoption of an ordinance that is
specifically aimed at a moratorium on residential evictions during the emergency in order to keep
people housed and protect the public safety, health and welfare as set forth in this Emergency
Ordinance; therefore, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Moratorium on residential tenant evictions.
A. Effective immediately, a moratorium on residential evictions for non-payment
is hereby ordered until the earlier of the termination of the emergency declared in the
Proclamation of Emergency dated March 5, 2020 or 60 days from the effective date of this
Emergency Ordinance;
B. A residential landlord shall not initiate an unlawful detainer action, issue a notice
of termination, or otherwise act on any termination notice, including any action or notice
related to a rental agreement that has expired or will expire during the effective date of this
Emergency Order, unless the unlawful detainer action or action on a termination notice is
due to actions by the tenant constituting an imminent threat to the health or safety of
neighbors, the landlord, or the tenant's or landlord's household members. Further, no late
fees or other charges due to late payment of rent shall accrue during the moratorium; and
C. It shall be a defense to any eviction action that the eviction of the tenant will
occur during the moratorium, unless the eviction action is due to actions by the tenant
constituting an imminent threat to the health or safety of neighbors, the landlord, or the
tenant's or landlord's household members. For any pending eviction action, regardless if
the tenant has appeared, a court may grant a continuance for a future court date in order for
the matter to heard at a time after the moratorium is terminated; and
D. Effective immediately, the Sheriff of Snohomish County is requested to cease
execution of eviction orders during the moratorium.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. Declaration of Emergency. The City Council hereby declares that an emergency
exists necessitating that this Ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the Council, and that the same is not subject to a referendum
(RCW 35A.12.130). The region is in the midst of a state of emergency due to the COVID-19
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virus, which has also become an economic emergency for many low- and moderate -income
tenants.
Section 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 5. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein, as long as it is approved by a majority plus one of
the entire membership of the Council, as required by RCW 35A.12.130. If it is only approved by
a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
C CLERK, SCOZt4ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: March 20, 2020
PASSED BY THE CITY COUNCIL: March 24, 2020
PUBLISHED: March 27, 2020
EFFECTIVE DATE: March 24, 2020
ORDINANCE NO. 4179
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SUMMARY OF ORDINANCE NO.4179
of the City of Edmonds, Washington
On the 24th day of March, 2020, the City Council of the City of Edmonds, passed Ordinance
No. 4179. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, IMPOSING A MORATORIUM ON
RESIDENTIAL TENANT EVICTIONS AND
DECLARING AN EMERGENCY.
The full text of this Ordinance will be mailed upon request.
DATED this 25th day of March, 2020.
C LERK, SG ASSEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH895259 ORD 4178 AND
4179 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
03/27/2020 and ending on 03/27/2020 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$34.3 .
JZ
Subscribed and swom be me on this
L day of
Notary Public in and for the State of
Washington.
City of Edmonds - LEGALADS 114101416
SCOTT PASSEY
1_irlda PhljUps T r
Notary PUbUr
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Classified Proof
ORDINANCE SUMMARY
of the CIIy of Edmunds, Wasfpngtan
On the 24th dsy eS [JoFch, 2020, the City Cauncll at the Cliy et
Edmonds, prrssad the foNo mg *rdinences, the summaries of said
ardlnanCo4co?`15411 of tines are rvrav art fdllms
C7ROWANCE No 4778
AN ORDINANCE OF THE CITY OF EDMONDS.
WASH NOTON, IMPOSING A MORATORIUM ON
EVICTIONS OF SMALL BUSINESS AND NONPROFIT
TENANTS AND DECLARING AN EMERGENCY,
ORDINANCE NO. 079
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON. IMPOSING A MORATORIUM ON
RESIDENTIAL TENANT EVICTIONS AND DPCLARINU AN
EMERGENCY
The tua text of !seer' ommances W11 be niHiTed upon reµre W
DATED Inks 201n Qey at March, 2020.
CITY CLERK, SCOTT PAS8EY
Putambed: March 27. 2620. EDI ie95259
Proofed by Sheppard, Dicy, 03/31/2020 09:49:54 am Page: 2