Ordinance 19-014 code compliance CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 19-014
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.05 OF THE SPOKANE VALLEY MUNICIPAL
CODE REGARDING CHRONIC NUISANCES AND OTHER UPDATES,AMENDING CHAPTER
17.100 OF THE SPOKANE VALLEY MUNICIPAL CODE REGARDING ADMINISTRATIVE
CODE ENFORCEMENT PROCEDURES, AMENDING CHAPTER 17.110 OF THE SPOKANE
VALLEY MUNICIPAL CODE REGARDING WAIVER OF CODE ENFORCEMENT APPEAL
FEES,AND OTHER MATTERS RELATING THERETO.
WHEREAS, pursuant to RCW 35A.11.020 and RCW 35.22.280(30), the City of Spokane Valley
(City) is authorized to "declare what shall be a nuisance, and to abate the same, and to impose fines upon
parties who may create, continue, or suffer nuisances to exist"; and
WHEREAS, pursuant to chapter 7.48 RCW,the City is authorized to obtain an order for a warrant
of abatement of public nuisances that may exist within the City; and
WHEREAS, pursuant to chapter 7.43 RCW, the City is authorized to determine and abate drug
nuisance properties that may exist within the City; and
WHEREAS, in 2018, the City adopted amendments to chapter 7.05 of the Spokane Valley
Municipal Code(SVMC)to declare what conditions shall be chronic nuisances,which conditions include,
but are not limited to,the high amount of drug and other criminal activity occurring at a subject property;
and
WHEREAS, in 2018, the City adopted amendments to chapter 17.100 SVMC regarding
administrative procedures for enforcement of code violations, including public and chronic nuisances; and
WHEREAS,the City Council desires to amend the applicable nuisance provisions in the SVMC to
provide necessary updates for the public health, safety, and welfare.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The City Council hereby finds it appropriate to amend the Spokane Valley Municipal
Code provisions related to chronic nuisances and to update other appropriate Code provisions related to
nuisances and nuisance abatement procedures.
Section 2. Amendment. The following sections of chapter 7.05 SVMC are hereby amended as follows.
Any section of chapter 7.05 SVMC not identified herein shall remain unchanged.
7.05.045 Chronic nuisances.
A.No person, firm, or entity shall erect, contrive, cause, continue,maintain, or permit to exist any chronic
nuisance within the City including on the property of any person,firm, or entity or upon any public rights-
of-way abutting a person, firm, or entity's property. A parcel or lot of real property, a building, including
but not limited to the structure or any separate part of portion thereof; whether permanent or not, or the
ground itself, a unit within a building, or a mobile home, manufactured home, or recreational vehicle
(collectively referred to as "property") shall constitute a chronic nuisance when any of the following
conditions occur:
Ordinance 19-014 Regarding Nuisances Page 1 of 5
1. During any continuous 12-month period,the property in question:
a. A final determination has been made by the City that conditions on the property constitute a
nuisance pursuant to Chapters 7.05 SVMC and 17.100 SVMC; and
b. Has four or more occurrences of ongoing criminal activity related to the premises; or
2. During any 12-month period, the property in question has five or more occurrences of ongoing
criminal activity related to the premises.
B. Defenses. It shall be a defense against a declaration of chronic nuisance if the person alleged to be
responsible for the nuisance (1) affirmatively engages in reasonable and ongoing efforts to remedy the
nuisance and/or ongoing criminal activity; and(2) is not the perpetrator nor allows the perpetration of the
nuisance or ongoing criminal activities.
Section 3. Amendment. The following sections of chapter 17.100 SVMC are hereby amended as follows.
Any section of chapter 17.100 SVMC not identified herein shall remain unchanged.
17.100.050 Procedures when probable violation is identified.
A. The City shall determine, based upon information derived from sources such as field observations,the
statements of witnesses, relevant documents, and data systems for tracking violations and applicable City
codes and regulations,whether or not a violation has occurred. As soon as the City has reasonable cause to
determine that a violation has occurred, the violation shall be documented and the person responsible for
the code violations promptly notified. The City shall not be required to notify any person when it
determines that no violation has occurred, unless specifically requested in writing.
B. Except as provided in SVMC 17.100.050(C), a warning shall be issued verbally or in writing promptly
when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has
occurred. The warning shall inform the person determined to be responsible for a code violation of the
violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement
pursuant to Chapter 17.100 SVMC.Verbal warnings shall be logged and followed up with a written warning
within five days, and the site shall be reinspected within 14 days.
C. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a
voluntary compliance agreement, cases where the violation creates or has created a situation or condition
that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the
person responsible for the code violation knows, or reasonably should have known, that the action was a
code violation.
D.Notice and orders may be issued when a violation has been found and a voluntary compliance agreement
has not been entered.When determining whether to issue a notice and order,the City may consider a number
of relevant factors and criteria, including but not limited to the severity of the public impact of the nuisance
violation,the time and cost to abate the nuisance violation,the likelihood to recover any costs of abatement,
and the available City resources to abate the nuisance violation.
E. The City shall use all reasonable means to determine and proceed against the person(s) actually
responsible for the code violation occurring when the property owner has not directly or indirectly caused
the violation.
F.The warning shall specify a reasonable time frame for abatement of the violation,which may be modified
based upon abatement progress; provided,however, that the initial amount of time for abatement shall not
be longer than 30 days. A notice and order or stop work order shall be issued in the event the violation is
Ordinance 19-014 Regarding Nuisances Page 2 of 5
not corrected or a voluntary compliance agreement is not entered into in the time period specified in the
warning. Stop work orders should be issued promptly upon discovery of a violation in progress.
17.100.130 Notice and order—Authority.
When the City has reason to believe, based on investigation of documents and/or physical evidence, that a
code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been
met, the City is authorized to issue a notice and order to any person responsible for a code violation. The
City shall make a determination whether or not to issue a notice and order within a reasonable period after
determining that a violation exists, after issuing a warning if one is given,or within 10 days of the end of a
voluntary compliance agreement time period which has not been met. For purposes of this section, a
"reasonable period" shall be no less than 14 days nor more than 45 days.
17.100.220 Stop work order—Effect.
A. A stop work order represents a determination that a code violation has occurred or is occurring, and that
any work or activity that caused, is causing or contributing to the violation on the property where the
violation has occurred, or is occurring,must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on the named
property. Work activity may not resume unless specifically authorized in writing by the City.
C. A stop work order may be appealed according to the procedures prescribed in Chapter 17.100 SVMC.
D. Failure to appeal the stop work order within 14 days renders the stop work order a final determination
that the civil code violation occurred and that work was properly ordered to cease.
E.A stop work order may be enforced by the City police.
17.100.250 Civil penalties—Assessment schedule.
A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a
notice and order or stop work order,pursuant to the following schedule:
Violation Penalty Amount
First violation $500
Second separate violation $1,000
within three-year period
(may be same type of
nuisance as initial
violation)
Each subsequent separate $2,000
violation within three-year
period (may be same type
of nuisance as previous
violation(s))
Violation which is likely to $10,000
result in an economic
benefit to the person
responsible for the violation
Chronic nuisance violation $2,500
pursuant to SVMC
7.05.045
Ordinance 19-014 Regarding Nuisances Page 3 of 5
B. Civil penalties shall be paid within the period specified in the notice and order or stop work order if not
appealed.Payment of the civil penalties pursuant to Chapter 17.100 SVMC does not relieve a person found
to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all
civil penalties or other cost assessments issued pursuant to Chapter 17.100 SVMC.
C. The City may suspend civil penalties if the person responsible for a code violation has entered into and
fulfilled all requirements of a voluntary compliance agreement pursuant to SVMC 17.100.100.
D.Civil penalties which are assessed create a joint and several personal obligation in all persons responsible
for a code violation.
Section 4. Amendment. Chapter 17.110 SVMC is hereby amended as follows:
17.110.010 Master fee schedule.
All fees, including but not limited to fees for development permits, code interpretations, all other
applications allowed pursuant to Titles 17 through 24 SVMC, and allowed appeals, shall be set forth in
the City master fee schedule. A copy of this schedule shall be available from the city clerk.
17.110.015 Penalties.
All penalties shall be set forth in the relevant portion of the SVMC.
17.110.020 Waiver of code enforcement appeal fee.
A. A person responsible for a nuisance or junk vehicle violation, on the basis of indigent status, may
request, in writing, a waiver of the appeal fee of any code enforcement decision made pursuant to Chapter
17.100 SVMC if such indigent status exists because:
1. The person responsible for the nuisance or junk vehicle violation is currently receiving assistance
under a needs-based, means-tested assistance program including, but not limited to, the following:
federal Temporary Assistance for Needy Families; state-provided general assistance for
unemployable individuals; federal Supplemental Security Income; federal poverty-related veteran's
benefits; and food stamps programs; or
2. The person's household income is at or below 125 percent of the federal poverty guideline; or
3. The person's household income is above 125 percent of the federal poverty guideline and the
applicant has recurring basic living expenses (as defined in RCW 10.101.010(2)(d))that render the
person without the financial ability to pay the appeal fee; or
4. There are other compelling circumstances that demonstrate the person's inability to pay the appeal
fee.
B. A person responsible for the nuisance or junk vehicle violation seeking a waiver of the appeal fee of a
code enforcement decision shall include written proof of indigent status in the written request to waive the
appeal fee.
C.The city manager shall consider and make a written determination of the waiver request prior to the
appeal hearing.The City may schedule a hearing while the waiver request is being processed;provided,
however,the City shall not conduct the hearing if a waiver request is denied until payment is made.
Ordinance 19-014 Regarding Nuisances Page 4 of 5
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall 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 in this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication of
this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided
by law.
Passed by the City Council this 8th day of October,2019.
City o Spokane Valley
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Date of Publication: October 18, 2019
Effective Date: October 23, 2019
Ordinance 19-014 Regarding Nuisances Page 5 of 5