Loading...
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