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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 i _ ,, 1116k / ATT S . %WA. ...-4 - L.R. Higgins, �' : • iristine Bainbridge, City Clerk Ap,roved s • Form: rA . 4 ice of-0- _ Attorney Date of Publication: October 18, 2019 Effective Date: October 23, 2019 Ordinance 19-014 Regarding Nuisances Page 5 of 5