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2012, 09-18 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, September 18,2012 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL L Mark Calhoun Lodging Tax Update Discussion/Information 2. Cary Driskell Nuisance Conditions, Spokane Valley Discussion/Information Municipal Code 7.05,Proposed Amendment 3. Cary Driskell Nuisance Violations, Spokane Valley Discussion/Information Municipal Code 17.100,Proposed Amendment 4. Cary Driskell Interstate Signage Discussion/Information 5. Mike Jackson, Mark 2013 Budget Review Discussion/Information Calhoun 6. Mike Jackson, Mayor Towey Council Goals Discussion//Information 7. Mayor Towey Advance Agenda Discussion/Information 8. Mayor Towey Council Check-in Discussion/Information 9. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above,there will be no public comments at Council Study Sessions. However,Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the Ciry of Spokane Valley Council,the Council reserves the rig�t to take"action"on any item listed or subsequently added to the agenda. The term"action"means to deliberate,discuss,review,consider,evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,Sept 18,2012 Page 1 of 1 CITY OF SPOKANE VALLEY Requ�est for Counci� Action Meeting �ate: September 18, 2012 Depart�nent Director Apprvval: � Check all that apply: ❑ consent ❑ ofd business ❑ new business ❑ pubfic hearing [] information�admin. report �] pending legislation ❑ execu#ive session AG�NQA ITEM TITL.�: L�gal Uses of Lodging Tax GOVERh11NG LEGISLATION: RGW 67.28 ar�d City of Spokane Valley Ordinance #27. PR�VIOUS COUNCIL ACTION TAKEN: No Gauncil action i�as been taken thus far. BACKGROUND: An Administrati�e Repar� regarding the 2013 loctging tax fuc�ding award process was presente� to Council at their August 28'" meefing. At that time twa questions were asked by Counc3l that require� further staff research, The que�kions and answers are as follow: 1) Would expending lod_.ging tax proceeds on "way-fi�clinq siqns" �e an appropriate use? The Municipal Research and Services C�nter (MRSC), writes: "We think that lodg�ng taxes could be used for direc#ional signs that help people find khe[r way to tourist activitieslfacilities (e.g., museum) in the city. Such signs would fall within #he def�nitian of "#ouri�m-relate� faeiliky" in RCW 67.28.080{7), because tF�ey would constitute "tangible personal property with a usable lif� af three or more years" t'hat is "used to support tourism ... or to accommodate tourist ac#ivities." So, the �xpendifure would have to be specific to that type of directional signage." 2) Wou1d usin lod in tax roceeds to contr�ct with a vendor/a enc to develo a festival for S�akane Valley be an a�propriate usa of#he money? When asked this ques#ion the Municipal Research and 5ervices Center {MRSC) responded in- part: "Until .]une 30, 2013 (see directly below), the ci�y can use lodging tax funds under chapter ' 67,28 RCW to fund op�rations of festivals and special ever�ts. I think "operati�ns" wou�d inciu�e contracting wikh a vendorlagency to develop a fiestival fior the city... .,.If the sunset provision in RCW 67.28,08D is not removed in the next legisla#ive sessron, cities will be limit�d ta fun�ing "markefing" of festivals and speeial events as "tourist pramotion." The following shows how RCW 67,28.080(6) was amended by SSB 5647 in 2007. The ]ang�age on "o��ra�ion(s)° that is under�ined is what is being sunsetted and will go away on 3une 30, 2013. (6} "Tourism promofion° means activiti�s, aperativns, and expenditur�s designed to increase tourism, includi�g but not limited to advert�sing, publicizing, or otherwise distributing information f4r the purpose of attracting and welcoming #aurists; dev�loping strakegies to ex,�and tourism; operating tourisrr� promatian agencies; and funding the marketing of or the operakion of special events and festivafs designed to attract tourists. I recommend that you consult also with the crty atto�ney regarding this makter." 11SV-FS2lUserslmealhounl8uofgets120131Lodging Tax42012 09 18 RCA Lodging Tax a!lnwable uses.dQCx When I discussed khis topie with th� city attorney, he rasponded "This is an unset#led questian and we shauld be cautious". I co�cur. OPTIONS: The Ciky Council may choose to set aside a portion of the lodging tax for Ci�y directed projects or activities including hoth way-finding signage and also offset#in� a portion of advertising casks for CenterPlace, Because of the uncertainty surrounding the use of lodging tax proceeds ta finance the develapmerat of a festival for Spokane Valley, staff does not recommend we proceed in this direction. RECOMMENDED ACTION OR MOTIQ{V: No action is currently required. BUDGETIFINAIVCIAL IMPACTS: We anticipate the 2% hotel/moteC tax wiil generate $460,000 of revenue in 2013 in Fund #105. As #he bu�get is currentdy pre�ared, the er�tire $460,000 wil! be appropriated including $30,0�0 for CenterPlace ad�ertising and $43Q,000 for distributian to applicants, The Lodging 7ax Committee wilP make an initial recommendation to the City Council as to how this maney should be expended and the Couneil will ultimately make awards at the December �1, 2012 Gouncil meeting. Although not a part of the City of Spokane Valley �udget �evelapment process, it is noteworthy that we are part of the Spakane County Tourism Promotion Area (TPA) that also callects a fixed fee per hokel roam per night in Spokane Valley, Spokane and Spakane �ounty. This fee is collected from hotel custo�ners by the hotel operators, remitted ta the Department of Revenue and then ta Spakane County who deterrnines how the funds will be �xpend�d. According to the W�shington S#ate �epartment af Revenue, in the three-year �eriod 2009 thrauc�h 2011, the Spokane County 7PA fe� has generated a #a#al of $6,597,823.54 0�which hotels in Spokane Valley alone generated $1,332,523.50. STAFF CONTAC7: Mark Calhoun, F��oance ❑irector ATTACHMENTS: • Fund #105— HatellMotel T�x - history of rever�ues and expenditures-- 20Q8 fhrough 2Q13. • Tourism Promotion Area {TPA) revenues received by Zone for the years 2009 through 2011. � Spokan� Caunty TPA ar�d hotel/motel tax distribufions for ti�e years 2009 knrough 2011. • Summary of TPA Fee ar�d 2% HotellMotel Tax Callections for the years 2flQ9 through 2011. • Monthly history of Spokane Valley hotellrnotel tax receipts from May 2003 through July 2012. • 2013 Lodging Tax calendar. � MRSC questions and answers regarding uses of lodging tax, I1SV-FS21UsersUncaihounlBudgets12d13iLorlging Tax12012 09 98 RCR Lodging Tax a!lowable trses.docx \\SV-F52\Users\mcalhoun\Budgets\2013\105 Rev and exp CITY OF SPOKANE VALLEY,WA 8/20/2012 Fund#105-Hotel 1 Motel Tax Fund Revenues,Expenditures and Changes in Fund Balance - Actual for 2008 through 2011 - 20'12 and 2013 Budgets 2012 Budget Acival Proposed 2013 2008 2009 2010 2011 In�tial Amendment Budget Reven�es Hote!/Motel Tax 467,089 423,978 448,544 457,603 430,000 430,000 460,000 Investment Interest 10,280 1,892 1,018 454 700 700 500 Subtotal revenues 477,369 425,870 449,562 458,057 430,700 430,700 460,500 Expenditures Interfund Transfers-#001 CP 84,550 86,963 37,500 0 30,000 30,000 30,000 Tourism Promotion 525,021 375,202 362,302 472,481 400,700 540,200 430,500 Subto#al expenditures 609,571 462,165 399,802 472,481 43Q7p0 , 570,200 460,500 T- Revenues over(under)expenditures (132,202) (36,295) 49,760 (14,424) 0 (139,500) 0 Beginning fund balance 391,093 258,891 222,596 272,356 257,932 i 257,932 118,432 Ending tund balance 258,$91 222,596 272,356 257,932 '� ! 1�� 2092 Awards Recipient Round 1 Round 2 `� Total HUB 42,600 0 42,600 Sports Commission 185,000 0 i85,000 Museum 3,9p0 �,100 5,000 CenterPlace 30,000 0 30,000 Valleyfest 0 30,000 30,000 CVB 0 251,720 25`I,720 Fair&Expo 0 25,900 25,900 Total appropriation 261,500 308,720 570,220 20�.2 0$28 RCA �'�SV-FS2�Users�mcalhoun�Budgets�2013�1p5 Rev and exp CITY OF SPOKANE VALLEY, WA 812012�12 Analysis of Spo'kane Cvunty Tourism Prom€�tion Area (TPA) aeven�ues Callected in Zones A, B, C and D** For the years 2009 through 2Q�11 20�9 20'(Q 2011 Tatal City of Spakane Valle� Zone A o.oa c�.ao o.00 a.oa Zone B 356,854.00 493,27U.00 473,168.00 �,323,292.4a Zone C 0.�0 0.00 O.Oa t�,00 Zone D 988.00 7,077.OD �,166.54 9,231.50 357,842.00 500,347.00 474,334.50 1,332,523.5fl City of Spokane ZoneA �,005,174.00 1,495,426.00 1,114,7fl0.00 3,215,300.�0 Zone B 281,561.50 33�,732,00 �62,142.00 959,435.50 Zone C O.UO 0.00 �.00 0.00 Zone D 4,3�5.50 6,308.00 2,750.50 13,4�4.00 1,271,091.00 1,437,466.Q0 1,479,592.50 4,188,149.50 5pakane Count� zone A 0.00 0,00 0.00 0.00 Zone B 0.04 O.d� O.QQ 0.00 Zone C 348,382.f70 364,246.0� 36�,754.00 1,074,382,00 Zane D 1,6�2,00 1,116.50 0.00 2,768,50 35Q,034.a0 365,362.50 36�,754.00 1,077,15C}.5Q Tota{s Zone A 1,005,174,00 1,095,426.00 1,114,7t7�.00 3,215,300.00 Zone B 698,415.50 829,002.00 835,310,OU 2,282,727.50 Zone C 348,382.00 364,246,00 36�,754.00 1,074,382.00 Zone D 6,995.50 14,501,50 3,917.00 25,414.00 1,978,967.a0 2,303,�75,5Q 2,315,681.00 6,5�7,823.50 Zane A Natels locate� in downtown Spokane with lodging revenu�s � $500,000. Zane B Hotels located in the cities of Spokane Vaaley ��d Spokane that are not 9ocated in dowr�town Spolcane witi� Rodging reuenues > $500,000. Zone C Hatels Ioca#ed in unincorporated Spokane County that are not Zone A or B, and have lodging revenues � $500,000. ZQne D Hotels Iocated anywhere in the Spokane Cour�ty TPA with revenues � $500,000 �*Per the Washrngton State Deparfinent of Revenue TPA rev 115V-F52\Users�mcalhoun�Budgets\2013�105 Rev and exp SPOKANE COUNTY D15TRIBUTiQNS** 9/11/2012 Distributions for ti�e years 20�� through 2011 S okane Caunt Tourism Promotion Area TPA ❑istribu#ions 2Q09 20�0 2011 Total CVB - Visit Spo�Cane 'f,300,000 1,664,'f 87 9,657,500 4,621,687 Spokane Re�ional Sports Commission 325,Q40 467,257 46�,n01 1,252,258 United States Figure Skating 125,OOQ 72,5�0 0 197,500 1,750,OOQ 2,203,944 2,117,50� 6,071,445 S okane Caunt Distributions of Hatel 1 Matel Tax 2009 201Q 2011 Total CVB -Visik Spokane 275,OQQ� 275,000 275,000 825,OOQ Spokane Regional Sports Commission 75,000 75,000 66,�00 216,000 350,OOa 350,000 341,000 1,041,0�0 *�Per the Spokane County Budgef�ffice TPA dist ��SV-F52�Users�rncalhoun'�Budgets�2013�105 Reu and exp CITI( OF SROKAfVE VALLEY, WA 8/2312012 Surr�mary of TPA Fee and HotellMotel Tax Collected Far the years 2009 through 2011 20�9 2410 2011 Total City of Spakane Valfey TPA 357,842 500,347 474,335 1,332,524 1 Hofel 1 Motel Tax 42�,978 448,644 �57,603 1,330,125 2 781,820 948,891 931,938 2,662,649 City of Spokar�e 7PA 1,27'�,091 1,437,466 1,479,593 4,988,15fl 9 Hotel l Motel Tax 1,361,444 �,415,8�3 1,371,827 4,149,134 3 2,�632,535 2,853,329 2,851,420 8,337,2$4 Spokane CountY TPA 350,034 365,383 361,754 1,077,151 ? Hotel / Motel Tax 381,730 395,489 397,030 �,174,249 4 731,764 760,852 758,784 2,251,�400 1 -From Departmenf of F2evenue 2-From City of Spokane Va1ley 3-From City of Spokan� CAFR-Fund#1590 4-From 5pakane County CAFR-Fund#128 CoSV TPA and 2% 11SV-FS2\Userslmcalhounl7ax RevenuelLodging Tax12 01 211 0 5 hotel mote]tax CITY OF SPOKANE VALLEY,WA 9/11/2012 Hotel/Motel Tax Receipts through- July Actual for the years 2003 tBrougN 20'12 �6 2012 t0 2011 Dffference 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 $ % January 0.00 �6,993.58 20,691.03 2Q653.49 25,�37.92 28,946.96 23,28021 22,706.96 22,212.21 21,442.32 (770) (3.a7%) February 0.00 98,167.04 19,976.81 20,946.09 25,310.66 24,623.06 23,283.95 23,416.94 22,792.14 21,54$.82 (1,243) (5.46%) March 0.00 18,182.01 22,828.15 2d,308.48 29,190.35 27,509.99 25,272.02 24,232.35 24,611.28 25,654.64 1,043 a24% April 0.00 26,897.82 29,748.41 34,371.82 37,950.53 40,406.02 36,253.63 39,463.49 38,230.49 52,130.37 13,900 36.36% May 11,527.32 16,440.37 29,017.66 32,522.06 39,371.01 36,828.53 32,588.80 34,683.32 33,790.69 37,478.44 3,688 70.91% June 32,512.11 53,284.01 35,330.35 34,256.71 36,267.07 46,659.88 40,4t4.59 39,935.36 41,403.41 43,970.70 2,567 6.20% July 38,580.48 42,12026 43,849.82 49,744.62 56,28L99 50,421.37 43,950.26 47,385.18 49,311.97 52,818.60 3,507 7.11% Collectedtodate 82,619.91 192,079.09 201,43423 216,80327 2k1,509.53 255,395.81 225,043.46 231,823.60 232,352.19 255,043.89 22,692 9.77% August 54,97474 43,649.84 46,852.10 45,916.16 51,120.70 50,818.35 50,146.56 54,922.99� 57,451.68 0.00 September 30,718.23 39,390.66 46,746.18 50,126.53 57,260_3d 60,711.89 50,817.fi2 59,418.96 58,908.16 0.00 October 36,96D.11 33,004.62 34,966.85 38,674.17 43,969.74 38,290.46 36,784.36 41,272.35 39,028.08 0.00 November 23,044.56 32,176.61 26,089.36 36,417.11 36,340.64 35,582.59 34,054.79 34,329.78 37.339.36 0.00 December 28,825.30 23,14270 31,740.18 29,147.15 31,377.41 26,290.17 27,131.43 26,776.84 32,523.19 0.00 Total Coflections 257,142.85 363,443.52 357,828.90 417,084.39 461,578.36 A67,OSS21 A23,97822 4A8,54452 457,602.66 255,043.89 Budget Estimate 419,000.00 380,000.00 436,827.00 350,000.00 406,000.00 400,000.00 592,OU0.00 380,000.9U 48Q000.06 430,000.00 Actualover(under)budg (161,857.15) (16,556.48) (48,998.10) 67,084.39 61,578.36 67,08921 (88,02178) 68,54452 (22,397.34) (174,956.11) Total actual collections asa%oftotalbudget 61.37% 95.64% 88.78% 119.17% 115.39% 116.77/0 82.81% 118.04% 95.33% Na %change in annual total col[ected n/a 41.34% 6.71% 7.54% 10.67% 1.191 (9.23%) 5.79% 2.02% nYa °!o of budget collected through July 1972% SO.SS% 46.11% 61.94% 60.38% 63.85°1 43.95% 61.01% 48.41% 59.31% %of actual total colleded through July 32.13% 52.85% 5�.94% 51.98% 52.32% 54.88% 53.08% 51.68°Ja 50.78% n/a Chad Ref[ecting History of Collecteons through the Month of July 300,000.00 250,000.00 — July 200,000.00 -`- June o May 150,000.00 � �. . � -�,. , __.. —i,i, ■April — � � .�March 100,000.00 ' ■ ■February a ■January 50,000.00 - - ' . 0.00 - 2003 2004 2005 2006 2007 200& 2009 2Q10 2011 2012 Page 21 ti�SV-F52�Users�m calhoun\Budgets,2013�Lodging Tax�LTAC cafendar CITY OF SPOKAIV�VALL�EY,WA 812 012 0 1 2 Lodging 7ax Advisory Committee Schedule for 2013 Lodging Tax Grants Calencfar Leading Galendar Leading to 20�3 Awards do 2d12 Awards-Rnd#4 Wed 9/5/2012 City runs natiee in newspaper,places on web site,and sends letters to Wed 8/37/2091 2012 award recipients and others agencies tt�at may have expressed inter�st. Fri 912 812 4 1 2 Grant pr�posals are due to City by 4pm (no late submitfals will be Fri 9/i6/2f117 accepted). Fri i011212t712 Applications sent to Lodging Tax Advisory Gflmmittee for review. Fri 9I30/2011 Thur 10125I2012 " 8:30 am Appficant presentatians to Committee. Thur 1Q/13/2011 Tuas 19113f2012 Council 5tudv Sessson Tues 1Q/25/20i1 Admin Report: L7AC Recommendations to Ciry Counci� Tues 12111I2412 ' Formal Couneil Meei€nq Tues 11/29I2099 Ci[y Council Motion Consideratifln: Approve LTAG Recommendalions F2CW 67.28.1817 requ�res that the City wait for a peria�of at feast 45�ays after the LTAC meeting before action can be ta'ken by the City Coucil. ' 12f11/2012 � 10/2512012 47 days � Revised 1y5V-F52�Users�mcalhounl8udgets�2012}Lodging�ax1MRSCQ and A re Lodging Tax usPS.docx 1. May a city use l�otel-mot�l tax funds ta pay for tlte opera[ion af a museum fhat is awned anc] managed 6y a private historical socee#y?Re�ieived: 07/11 The lirrzitation on using hotel-motel tax revenues for acquiring andlae a,perating tourism-related facilities is guid�d by the following definition, as amended in 2ao7: �?xml:namespace prefix = 01��?xrnl:namespace prefix = o/� "Tourism-related facilify° means: real or tangible p�rsonal property with a usab�e life of three or more years, or constructed with volunteer labor that is: {a)(i) Owned hy a pubfic entity; (ii) owned by a nanprofit organization described under section 501{c)(3) of the fe�eral internal revenue code of �986, as amended� or (iii) owned by a nonprofit organizatian descri�ed under section 501(e)(6) of the federal interrtal revenue code of 1986, as amended, a business arganization, destination marketing organizatian, main street org�nization, lodging associakion, or chamber af cammerce and (b) used to support fourism, perForming arts, or #o accommodate tourist activities.1[1] Prior to the 2007 [egislation, hote[-mofel tax funds could be used, as interpr�fed by the attorney general's office, anly for facilities in which fhe ciky had an ownership interest.2[2] Naw they car� also be used ta fu�td facilities owned by certain nQnprofit organizations, as stated above. As with the amendment to the definitian af fourism promofic�n, the amendment to this def�nition to add facilities owned by certam nonprofik arganizations expires on June 30, 2Q93,3[3] 2. If a hatel has pa�•t af tl�e building leased out long-terni,is the chaige for these raoms exenipf from the hotel-motel fax?Revie��ed; OS/11 Yes.T�e I�otel-motel tax(atid the sales tax also)only applies fo stays of less than one month. RCW G7.28.180 and RCW 82,04AS0(2)(�. If, in addition to the basic t��o percent tax, a city or cotmty Ievies a "special tax"ur�der RCVt�67.28,1 S 1(1) it tivill,of course,not receive these fiinds either fot•long-term stays. 3. May�odgi�tg(Uote[-motel) tax revenues may be used#o bui[d a �ublic Y•est��oam in city park used by tot�Y•rsts?Revie��ed: Q7/11 Yes.Lodging tax revenues may be used for con�tnlction and/or maintenance of pi�blic restraams tiiat�vauId be used by tourists. The rele�ant stahita rega�•dijlg the purposes foi• �vhich lodging tax��evenues may be spent is RCW 67.28.1815,�vhich states as foiloEVS: A[1 revenue from taxes im�osed under this chapter sliall be credited to a special fund in the treasury ofthe irnuticipality ini�osing such#ax�nd used solely fa�•the�iupose of paying aIl or airy�aart of the cost of tou�•ism pi•nmotion, acquisit'ron of toue�isni-related facilities,or operation of taurism-related facilities. 1�'�RCW 67,28.080{7}. Z�2�AGa 2006 No, 4. 3[3�RCW�7.28.Q80{9}. 1 i 14SV-F521Userstimcalhoun�Budgets}20124Codging Tax}MRSC Q ond A re Lodging Tox uses.dacx °Acquisition" is defined in RCW 67.2$.080(1'�to include "construction,"' and a "tourism- related facility" is defined in RC�V 67.28.080{7)to mean; IR]eal or tangible personal praperLy�vith a usable Iife of tlu�ee or inore years, pr cQnstructed wifl�volunteer la�or, and used ta su�pox�t touriszn, pe�•foi�r►ing arts,oi�to accommodafe tau�°ist activities. It is our opinion tt�at a public restroom in a�i area used by tourists accommodates tourist activiti�s,for obvious reasons. The lodging tax stahrtes prior ta 1997 coiatained a specific provision(the foimer RCW 67.28.21 D)for use of these tax revenues by cities�vith a popiilation under S,D00 far public restroam faci�ities for tl�e use of visitars.The n�ajor avef�haul of the lodging tax statutes in 1997,tvhich repealed this pravision, aci�ially acted to expand the aut�iority of cities to use lodgi��g tax reve�it�es for tlris use by employing the stah�to�y language discussed above. 7n summaty, revenues fcom the city"s lodging tax��iay be used, in our opu�ion, for const�uctiozi of tl�e public res�•oo�n i��questioz�.Never�heless,�ve�vould r�com�r�enci seeking the concuc•rence of tlie state a��ditar's o�ce i��advance of use of these frinds for the purpase in question. 4. May loca!jurisdicfious allow lodgi�g tax recipients to us�f�inc�ing foE•persounel costs?Revie�ved: 07111 Yes, the d�fi�litzo��s of"tourism pz•oz��otioax"and"toua•isjn-related faciIity" in RCW b'1.2$.1$Q were atnended in 2407 to allo�v local jurisdictions to use lodging tax revenues for tha operation of tourism pratnotioii agencies and of special�r�e��ts and fes�ivals desigr�ed to attract tourists. Ratl�er strict repoi�ting requirements have been put in place, llo��ever. See RCW 67.28.1816. 5. Can a city or eaunty spend liotel-motel fax funds to�ay for police and public�vorks ovea•time in canjunc#ion`vitl� a festival?Revietived: 08/11 Yes,the ne��2007 amendments to chapter b7.2$ RCW allo�v hoteI-motel (lodging)tax revenues to be spe��t on ope��atiug festivals. Tlaese expe��dihzres �or polie� aild pi�blic �vorks ave�ime�vould fall in that categoiy.There are new reporting requirejne��ts, hotivever. 6. Can a c�ty use lodging tax fands for way-�nding sigiys throughout t�e city? Re�ie�ved: 08111 We tl�i��k that lodging taxes ca�ld be used for directional signs that help�eaple�nd tt�ei�• �vay to tourist activitieslfacilities (e.g., muset�m) in the city. Such signs�vould fall�vithiu the definition of"tourism-related facility" in I�CW 67.28.080(�,because they�vot�id constituta "tangible personal property�vith a usable life o�threa or mare years"tha#is "used to support tourism . . . or to�ccommodate tourist activities." So,the expenditure �vould have to be speci�c to that type of directional signage. 2 ��SV-FS2�Users�mcalhaun�8udgets�2012�todging TaxIMRSC Q and A re Lodging Tax uses.dacx 7. If our lodging Eax advisory committee recammends an award #o a group,can they put stipulations on tlie awar•d such asc '"t�e ruoney can only be used for ouf-of- coun[y advei-tising"?Revie«ed: 07I10 The coii�mittee probably can do something like this but tive are sotne�vhat troubled by the _ word "stipulation" in �his conkext. T1te task of a lodging tax advisory committee is set aut in RCW 67.28.1817.Their task is to "revie�v a�id comment."' The statute provides tliat the ca�nments are to include an a��alysis of the extent to�vhich the pro�asal will accainmodate activities for tourists or uicrease tourism, and the extent to which the praposal will affect the loi�g-tei7n stability af tlie long-term stability of the fund created undar RCW 67.28.1$15.Beyond those d'u•ections,the state Ia�v does not specify tvhaf so�-�s of comments are allowed. In oeir opiniQn, a lodgirig tax advisory could make a recommendation that a proposal ta a grot�p be a�varded but ovith a limitation tihat the expetiditures be "for out of county ad�ertisi��g." Hoti�ever,the recommendation of the lodgi�ig ta�ad�isoiy caminiktee is a�Iy adviso�y in natura. It does not govern the�nal decisioty as to which orgaraizakion�,vil1 receive f�ariding and it does not conh•ol ho�v t�iose organizations spend tlie fu�ids. Those decisions are for thc board of cou�ity camtnissioners to make. The county commissioners may decide ziot to fund that organization at aM1,tliey znay deaide to fi�nd the o��ganization but not limit the expenditures in the n3anner provided for in th�recommendation of the lodgi»g t�x advisory co�x�znittee, orr they Nnay accept the recommendatioi�of the ladging tax advisoiy commiftee atid place tliis type of resh•iction in the eontract tivith the private group. S�the�vord "skipuIation" s�ems a little misleading—it is really a recommenciation tl�at m�y or may not be follo�ved by the cowbty board of cojnmissioners. 8. May the city use lodging tax fu�ads to assist a g��oup iti o�•gauizing and mauaging a festival that will pror�ate tourism in tl�e cify?Revie�ved: 08/11 Yes,because ti�is«�ou1d�t into the definitian of toui•ist pra�notion in RCW G72$.Q80(6), Tl�at c�efinitian�Was amended to include fi�nding the ma�keting or the ope��ation of s�ecial e�ents and festivals desig�ied to at�•aet tourists.T��e seivices that�vould be paid fo�•here �vauld be included in the term"operation" o�'a festival and so shauld qualify foi�lodging tax funds. This cfefiuition suusets on June 30, 20�3. 9. Is fhe elected off cial cl�air of tl�e county lodging tax adviso►y comcnittee a�oting membe�•? Revie�ved: 08/11 It's our opinion that the clfai��of tl�e Lodging"Tax Advisoiy Cominittee(LTAC),�vho in tl7is case is a Gounty councilrnember, may vote an LTAC grants and on anything a1se.In oth�r words, tl�e eounty councilmernber/chau is a fiill�votiug member of the LTAC. The �•elevarrt statute regarding the LTAC, RCV�V 67.28.1817,provides in part that"One member sha116e a�t elected off cial of the municipality tvho shall serve as chai�•of tlYe committee.° That language doas not Iimit the voting authority of the elect�d officiallehair.Nate that the next sentence of this stafu�e provides titat"An advisoiy 3 y}SV-F52�Userslmcolhounl8udgzts120121Lodging 7ax�MfiSCQ ar�d A re Ladgr`ng Tax uses.docx commit�ee for a eounty may include�ne nonvot2ng�ne�nbei°who is an elected official of a city ar town in the county,"(Empliaais added.) Sa, if tlie legislature inten�ed the elected offciaUchair to be a nanvoting membe�•, it��oi�1d have said sfl as i�did for the optional city/to�v��elected official nyetnber. 14. Is there a requirement to spend all hote�-motel(lodging) taxes collected each year, or may a jurisdictiau identify a qnali£ying ca�ital project and retain funds for a�ear or hvo a�•mo�•e to "s�ve �ip" for that project? Revie��ved: OSII 1 There is tiothing in the statutes that says you must spznd all your hotel�motel tax rnoney eacl�year.t�nd,there is also i�athing that says you need to identify a capital��o�ect yau are "saving up" for.You can ji�st kee� adding to the fund balance as long as you�vant to. Norv, from a;�ractical standpoint, the hos�itality itidustry proh�bly 4vants you to spend evely penny this yeai•and on advertising! And the s#ate auditor's o�fice (SAO)sotnetin�es gets tiervaus iFyour fund balance gets foo big. Most jurisdietioris that keep a positive fund balance do idei�tify a capital�roject becati�se they t�•uly are "saving up" for something and, in addition, it may be helpful to do so to s�tisfy any cancerns of the hospitality it�di�stiy and 5A0, i 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 18, 2012 City Manager Sign-off: � Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information � admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Ordinance amending Spokane Valley Municipal Code 7.05 relating to nuisances. GOVERNING LEGISLATION: SVMC 7.05 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 7.05 in 2003, amended in 2003, 2004, 2005, 2006, and 2008, administrative report July 10, 2012. BACKGROUND: Since the adoption of SVMC 7.05, the City has gained additional insight and experience in identifying and regulating nuisance conditions. When staff discussed potential Code changes with the Council on July 10, 2012, the Council appeared to be comfortable with most of the potential changes. As such, staff has incorporated most of the potential changes into the draft Ordinance. However, staff wanted to bring back several items for the Council to discuss and give direction on, which are listed below. Topics for additional discussion and direction to staff: (1) SVMC 7.05.040(A) currently identifies that excessive overgrowth of vegetation which obstructs or impairs the full use of walkways is a nuisance violation, but staff believes additional clarity would be helpful. Staff recommends that language be added stating that property owners adjacent to rights-of-way are responsible for vegetation encroachment nuisances that obstruct the full use of the walkway, sidewalks and roadways. This is consistent with Washington state law. Furthermore, it should be clarified that the City is responsible for maintenance and upkeep of any vegetation the City places in or adjacent to the rights-of-way. Staff has proposed language in the draft ordinance. (2) Appropriate height for growth of grass or weeds - Potential considerations: - Location restrictions such as in commercial, or residential, or industrial zones: - Developed v. undeveloped property -A maximum height for such growth (12 inches? 18 inches? 24 inches?) (3) SVMC 7.05.040(E)(2)(e) does not presently identify improperly disposed of vegetation waste as a nuisance. The existence of vegetation waste such as cut/broken tree limbs, cut shrubs, grass clippings, etc, may create a nuisance when it is not properly contained. Staff recommends adding language that makes improperly contained vegetation waste a nuisance. Potential considerations: - Duration/length of time for allowing accumulations of brush to exist (14 days to allow at least two weekends? 30 days? 180 days?) - Length of firewood (i.e. "cut in lengths of four feet or less") (4) SVMC 7.05.040(H) could be amended to explicitly set forth animal feces as an example of a potential odor nuisance. The City has received odor complaints about animal feces, which may be harmful and offensive to persons of reasonable sensitivity. The use of the term "offensive to persons of reasonable sensitivity" is legally defensible if challenged. A case relying on this standard would be based on sworn declarations of affected neighbors. (5)SVMC 7.05.040(L)(2-4) currently identifies noise produced by motor vehicles as a nuisance. Staff recommends removing this language as it would be nearly impossible to enforce through code enforcement and it is already regulated under state law and enforced by the police. Additionally, staff also recommends removing language referencing noise from commercial vehicles if the City adds a new chapter to SVMC specifically regulating commercial vehicles, including noise produced by them. (5) Under SVMC 7.05.040(0), yard sales may constitute a nuisance if they are held for more than seven consecutive days, or more than two consecutive weekends. The discussion by the Council on July 10, 2012, revolved around the following issues: This poses a potential problem whereby an excessive amount of yard sales may be held, for example, every other weekend or for six consecutive days. The City has received complaints that excessive yard sales increase the traffic and impact the safety of a neighborhood. For clarity, therefore, staff recommends the number of yard sales per calendar year be determined and added to SVMC 7.05.040(0). - Total number of yard sales per year or month - The frequency with which they are held - The duration (i.e. not more than _days) OPTIONS: (1) Place the proposed amendments to SVMC 7.05 on a future agenda for consideration, (2) reject the proposed amendments, or (3) request further information or other proposed changes. RECOMMENDED ACTION OR MOTION: To be determined by Council. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney; John Hohman, Community Development Director ATTACHMENTS: Draft ordinance amending SVMC 7.05 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 7.05.020, 7.05.030, 7.05.040, 7.05.050,AND 7.05.060 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO NUISANCE CONDITIONS ON PRIVATE PROPERTY;AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted SVMC Chapter 7.05 in order to maintain a safe and healthy environment by regulating nuisance conditions that contribute to injury, illness, and devaluation of property; and WHEREAS, since adoption of these provisions, the City has gained additional insight in how to better identify and regulate such nuisance conditions; and WHEREAS, certain existing provisions within SVMC Chapter 7.05 should be amended to better reflect the City's current practice of identifying and regulating such nuisances and the types of conditions that constitute a nuisance. Such changes directly relate to the life,health and safety of the City's citiaens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendin� Spokane Valley Municipal Code 7.05.020 Re�ardin� the Definition of "Person Res�onsible for a Nuisance Violation". Spokane Valley Municipal Code section 7.05.020 is hereby amended as follows: "Abate" means to take whatever steps are deemed necessary by the director to ensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition,removal,replacement or repair. "City"means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than �ve days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that evidence exists to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. "Director"means the community development director for Spokane Valley, or his/her designee. Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 1 Of 9 DRAFT "Found in violation"means that 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint,ink, dye, or any other substance capable of marking property. � "Hearing examiner"means the City of Spokane Valley hearing examiner, as provided by Chapter 18.�820 SVMC as adopted or hereafter amended. "Impound,"for the purposes of this chapter,means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to,not having a valid, current registration plate or current certificate of registration. "Junk vehicle"means a vehicle substantially meeting at least three of the following criteria: L Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels,tires,motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places or bodies of water. "Person" means any individual, association,partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association,partnership, corporation or legal entity. "Person(s)responsible for a junk vehicle nuisance violation"means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 2 Of 9 DRAFT 3. The legal owner of the vehicle. "Person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property, includin� an�public ri�hts-of-way abuttin� a person, firm, or enti .t�property where the nuisance violation occurs- "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(P), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. Section 2. Amendin��okane Vallev Munici�al Code 7.05.030 Re a� rdin� the Com�liance, Authority and Administration of Nuisance Violations. Spokane Valley Municipal Code section 7.05.030 is hereby amended as follows: �In order to discourage public nuisances and otherwise promote compliance with �""'��'�'° ��° e�a�e�-��s��this Chapter, the director may, in response to field observations� �s, determine that ��° ��a��° violations of this Chapter have occurred or are occurring, and may utilize any of the compliance provisions contained in Chapter 17100 SVMC. � , , � , � , � Section 3. Amendin� Spokane Valley Municipal Code 7.05.040 Re�ardin�the Ty�e of Nuisances to be Re�ulated. Spokane Valley Municipal Code section 7.05.040 is hereby amended as follows: No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to e�st any public nuisances within the City,— includin�y public ri�hts-of-wav abuttin�a �erson, firm, or enti ,r's pro�ert,�Prohibited public nuisances include,but are not limited to: A.Vegetation. 1. Any ve�etation, or parts thereof, which han� lower than 8 feet over an�public walkwav or sidewalk; or han�lower than 14 feet over an�public street; or which are r� owin� thereon in such a manner as to obstruct or im�air the free and full use of the walkwaY, sidewalk, or street b,��ublic, or violate clearview trian�le policies adopted bv the City. The City shall be responsible for maintainin� all ve�etation placed by the City adjacent to a public sidewalk, walkwaY, or roadwa,� � Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 3 Of 9 DRAFT xc�c�c vir`PC-c7�3„3�m?�C� •,11�.r ., �;.a�.,1L'�vi icSfrn�`rFcx"i--�r��riccc-�Ou+r-c7�3"tir�'v�i-'r8 �� . , .,11 �..00r rL.., l. r.-.,4'4;.. ., 4'�; 1 `' €'v� '4mr-vrscrccrvrcrrcr�-6v�� F'�€'v� �rrr�E6a�'6� a€'o'if��6 rt�'�€'o��g`e�E�S--d�6F�ccr°Yzl'o� 2. Growth of�rass or weeds which exceeds 12 inches in hei�ht. This �rovision shall not a�ly to properties that are en�a�ed in the lawful use of animal raising of lar�e animals, as defined in A�endix A, or to ornamental �rasses placed as part of landsca�in�a�ro�ert� 3. Any growth of no�ous weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures, Fences. 1. Buildings or portions thereof which are deemed dangerous pursuant to the Spokane Valley building code (currently adopted International Property Maintenance Code and the International Existing Building Code); provided, that such conditions or defects e�st to the extent that the life, health,property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traf�c or traffic control devices, pursuant to clearview triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public waLkway or sidewalk. 2. Any obj ect, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. E. Accumulations of Materials, Garbage, Recyclables,Furniture, Machinery. 1. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley Zoning Code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage not kept in a proper receptacle with a tight-fitting lid. b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an � approved enclosed structure, ' , , - Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 4 Of 9 DRAFT c. Recyclables not properly stored and regularly disposed of. d. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. e. Dis�osal or accumulation of ve�etation waste, includin�, but not limited to, �rass cli�in�s, cut brush, cut trees, cut weeds, and/or cut wood, exce�t as contained in a com�ost�ile not to exceed two cubic yards, or orderlv stacked fire wood, if cut in len t�hs of four feet or less. 3. Furniture and Appliances. a. All broken or discarded household furniture, furnishings or equipment, or any appliances � not in an approved enclosed structure, ' , ' , - b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. 4. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, ' , � , - This subsection °-��does not include �rsa�')unk vehicles that are regulated by subsection P of this section. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a � substantial risk of combustion or the spread of fire-, as determined by the Fire Marshall. G. To�c or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, e�gases, or odors, such as those caused bv animal feces,- offensive or harmful to persons of� � ��reasonable sensitivitv. L Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane regional health district. J. Holes, Pits, and Exca�ations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 5 Of 9 DRAFT K Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. L.Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173.60.010, as currently adopted and hereafter amended. 2. Sounds created by use of a radio, television set, musical instrument, sound amplifier or an.� device capable of producin� or reproducin� sounds, which emanate frequently, repetitively or continuously from anv buildin�, structure or �ro�ertv located within a residential area, and which annov or disturb the peace, comfort, or repose of a�person of reasonable sensitivit� � , � �� ., „�a..r„o,.„ ,.;�;,..,ii. ,.V,.;��oa �. i.,.., • > > > > > > • > > � > > � > > > > ��o,,.� �„� ��, .,�i. i,,,,a � 3. Any other sound occurrin� frequently, repetitively, or continuously which annovs or disturbs the peace, comfort, or re�ose of a��erson of��reasonable sensitivit� M. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agricultural zones. N.Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. O. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consecutive weekends„There shall be no more than(#1,2,3,4) of,� sales �+ �~.� �~� '��~on the same real�ro�erty�er calendar,��ear. Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 6 Of 9 DRAFT P. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to this chapter up to two junk vehicles in R-1, R-2, R-3 and R-4 zones, so long as they are completely sight-screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-2, R-3 and R-4 zones. Q. Graffiti. All graffiti upon public or private property is deemed a nuisance. Section 4. Amendin� Spokane Valley Municipal Code 7.05.050 Re�ardin� the Initial Investi�ation of a Nuisance. Spokane Valley Municipal Code section 7.05.050 is hereby amended as follows: A.Upon receipt of a complaint, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. B. Advising interested parties of - a�parent violation: �The person responsible for the nuisance violation should be advised of any ��parent violation, which mav be by personal contact, phone,posting or�re�ular mail � The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. . , , �� Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 7 Of 9 DRAFT C. The director will record all violations in a database system, including a list of all actions taken on the c omplaint. � , , „��o,.ro,.�„� ., �.o ,. �;�.io �,.��o� „i.,�;,,r � €D. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. Section 5. Amendin�Spokane Vallev Municipal Code 7.05.060 Re a.. r�d�in� the Procedures When Probable Nuisance Violation is Identified. Spokane Valley Municipal Code section 7.05.060 is hereby amended as follows: A. The director 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 nuisance violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and � followed up with a written warning within five days, and the site shall be reinspected, ' . C. The guidelines set forth for warnings, notifications and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D.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, or when the person responsible for the nuisance violation knows, or reasonably should ha�e known, that the action was a nuisance violation. E.Notice and orders should be issued in all cases where the director determines that the violation is unlikely to be fully corrected within 72 hours. Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 8 Of 9 DRAFT � F�F If the violation is not corrected, the director shall utilize the enforcement provisions contained in Chapter 17.100 SVMC as adopted or hereafter amended to obtain compliance with the applicable code provisions. , , � ��„ r��.,r�o.. i� on cvr�r� Section 6. Remainder of SVMC 7.05 Unchan�ed. The remaining provisions of SVMC Chapter 7.05 are unchanged by this amendment. Section 7. Severabilitv. 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. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of , 2012. Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Of�ce of the City Attorney Date of Publication: Effective Date: Ordinance 12-_Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances P7ge 9 Of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 18, 2012 City Manager Sign-off: � Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information � admin. report ❑ pending legislation AGENDA ITEM TITLE: Draft Ordinance Amending Spokane Valley Municipal Code 17.100 GOVERNING LEGISLATION: SVMC 17.100; Civil Rule 4; RCW 4.28.100 and RCW 4.28.110 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 17.100 in 2007, amended in 2008 and 2010, administrative report July 10, 2012. BACKGROUND: SVMC 17.100 currently contains certain provisions that are incompatible or out of date with the City's present practice of regulating and enforcing nuisance violations. On July 10, staff discussed such provisions with Council and suggested certain changes be made. As Council appeared comfortable with most of the potential changes, staff has incorporated most of the potential changes in the draft ordinance. There are several items that Council may want to discuss and give further direction on and they are set forth below. Topics for additional discussion and direction to staff: (1) SVMC 17.100.060A3 (page 4 of the proposed ordinance) currently requires copies of a notice and order to be sent by first class mail and by certified mail. However, the requirement of sending an administrative order by certified mail is legally unnecessary as Washington law only requires one copy of an administrative order to be sent by regular mail. Staff believes that amending this section to require one copy of a notice and order sent by ordinary first class mail will save considerable time and expense in staff's process while still meeting due process requirements. (2) SVMC 17.100.060B (page 4 of the proposed ordinance) sets forth the procedures for serving a notice and order when the person responsible for a Code violation cannot be reasonably determined. This situation only occurs after staff has exhausted other means of determining the location of the person responsible for a Code violation. Currently, SVMC 17.100.060B states service by publication of a notice and order shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. Civil Rule 4, however, is designed specifically for service of a summons and complaint which commences a lawsuit in Superior Court. The summons and complaint process in Superior Court is substantially different than the City's administrative notice and order process. Accordingly, some requirements of Civil Rule 4 for service by publication are incompatible with the City's administrative notice and order process under Title 17 of the SVMC. Staff proposes revising SVMC 17.100.060B by deleting the requirement of compliance with Civil Rule 4, and instead setting forth requirements for service by publication of notice and orders that are consistent with RCW 4.28.100, RCW 4.28.110, and the City's notice and order process for enforcing the SVMC. (3) SVMC 17.100.120A (page 5 of the proposed ordinance) has language stating that authorized representatives of the City may enter property to abate a violation without seeking a judicial abatement order. Although it is legal to enter somebody's property under an agreement such as a voluntary compliance agreement, it is the practice of staff to not do so without a court order out of respect for property rights, and to minimize potential liability risk. Staff recommends that this language be removed since we will not enter onto a property without a court order. (4) SVMC 17.100.250 (page 7 of the proposed ordinance) sets forth an assessment schedule for civil penalties. The current schedule has an initial penalty for each violation; however, the City's practice is to have one basic penalty regardless of the number of violations. Other fees are charged in the current schedule based on the public health risk, the environmental damage, or damage to another's property. The City, however, does not presently assess and differentiate civil penalties based on the type of nuisance, and staff feels they are unnecessary to include in the penalty schedule. Staff believes the proposed changes to the penalty schedule will be easier to understand. OPTIONS: (1) Place the proposed amendments to SVMC 17.100 on a future agenda for consideration, (2) reject the proposed amendments, or (3) request further information. RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for a first reading. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney; John Hohman, Community Development Director ATTACHMENTS: Ordinance amending SVMC 17.100 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SECTIONS 17.100.030, 17.100.040, 17.100.050, 17.100.060, 17.100.090, 17.100.120, 17.100.130, 17.100.150, 17.100.250, AND 17.100.300 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE CITY'S ABILITY TO SET FORTH ENFORCEMENT PROCEDURES FOR VIOLATIONS OF THE SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7.05, AND TITLES 17 THROUGH 22 AND TITLE 24; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted SVMC Chapter 17100 in order to enforce nuisance violations as set forth in SVMC Chapter 7.05 and for violations of any provisions of Titles 17 through 22 and Title 24; and WHEREAS, since adoption of these provisions,the City has gained additional experience in how to better regulate and enforce such nuisance provisions; and WHEREAS, certain existing provisions within SVMC Chapter 17100 should be amended in order to better reflect the City's current practice of regulating and enforcing such nuisances. Such changes directly relate to the life,health, and safety of the City's citizens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: � Section 1. Amendin� —S�okane Vallev Munici�al Code 17.100.030 Re a� rdin� Enforcement, Authority, and Administration. Spokane Valley Municipal Code section 17.100.030 is hereby amended as follows: A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations��e�i'�'��eem��, determine that violations of�Titles 17 throu�h 22 and Title 24,have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation,undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied � with, assesses civil penalties as authorized by this chapter; 6. Suspend,revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and Ordinance 12- Amending Enforcement Procedures Page 1 of 9 DRAFT 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner � limit or restrict the City from remedying or abating violations of this chaptert�e in any other manner authorized by law. � C. In addition to, or as an alternative to;utilizing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to;utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter,by legal action filed in Spokane County district court or superior court by the office of the city attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner,lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing supported by appropriate facts.For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The City may,upon presentation of proper credentials,with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the � intent of the eCity eCouncil that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. Section 2. Re�ealin�S�okane Vallev Munici�al Code 17.100.040 Re�ardin� the Guidelines for De�artmental Res�onses to Com�laints. Spokane Valley Municipal Code section 17.100.040 is hereby repealed as follows: , , > > � , � � Ordinance 12- Amending Enforcement Procedures Page 2 of 9 DRAFT Section 3. Amendin�S�okane Vallev Munici�al Code 17100.050 Re�ardin� the Procedures When a Probable Violation is Identified. Spokane Valley Municipal Code section 17100.050 is hereby amended as follows: 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. B. Except as provided in subsection C of this section, 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 as provided for by this chapter.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 should be issued in all cases in which a voluntary compliance agreement has not been entered. 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. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 30 �5 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. Section 4. Amendin�S�okane Vallev Munici�al Code 17100.060 Re�ardin� the Service of a Notice and Order and a Stop Work Order. Spokane Valley Municipal Code section 17.100.060 is hereby amended as follows: A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: Ordinance 12- Amending Enforcement Procedures Page 3 of 9 DRAFT 1. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below,if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailin og ne co�,y,�e-ee�postage prepaid,�by ordinary first class mail_��a *'�° �*'�°�r'�� °�*;�°a ,��;',to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journaL Service by publication shall �� . be deemed com�lete at the ex�iration of the time �rescribed for�ublication. A notice and order served b�publication shall be si n� ed bv a code com�liance officer, shall include the dates of the �ublication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. Section 5. Amendin��okane Vallev Munici�al Code 17100.090 Re�ardin� the Determination of Com�liance. Spokane Valley Municipal Code section 17100.090 is hereby amended as follows: After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work Ordinance 12- Amending Enforcement Procedures Page 4 of 9 DRAFT order, „1..�.;rro.7 r., rl.o ('';�. l.. o.-r;4;o.a .�..,;1 4;. o .a.,. «o�,,.... ,- �.r,- o�ro.a > > - Section 6. Amendin��okane Vallev Munici�al Code 17.100.120 Re a� rdin�Failure to Meet Terms of Voluntarv Com�liance A�reement. Spokane Valley Municipal Code section 17100.120 is hereby amended as follows: A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, �Rt�e� �T��s�e�� '��e�e��Re�. �the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. B. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. Section 7. Amendin�S�okane Valley Munici�al Code 17.100.130 Re�ardin� the Authority of a Notice and Order. Spokane Valley Municipal Code section 17100130 is hereby amended as follows: 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 30 days of determinin�- that a violation � �e�sts or within 10 days of the end of a voluntary compliance agreement time period which has not been met. �� Section 8. Amendin��okane Vallev Munici�al Code 17.100.150 Re�ardin� the Contents of a Notice and Order. Spokane Valley Municipal Code section 17.100.150 is hereby amended as follows: The notice and order shall contain the following information: A. The address,when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s)responsible for a violation and a brief description of the violation(s) found; Ordinance 12- Amending Enforcement Procedures Page 5 of 9 DRAFT D. A statement of the specific provisions of the ordinance,resolution,regulation,public rule,permit condition,notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties� ��*°�� '�*��, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this chapter 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 this chapter; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; L A statement advising that,if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane � County S�uperior�Court to abate the violation; J. A statement advising that,if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order � to the hearing examiner within�14 days of the date of service of the notice and order; L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; M. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and Ordinance 12- Amending Enforcement Procedures Page 6 of 9 DRAFT O. A statement advising that ' failure to com�ly with the notice and order may be referred to the office of the city attorney for��pro�riate le�al action. Section 9. Amendin� Spokane Valley Municipal Code 17100250 Re�ardin� the Assessment Schedule for Civil Penalties. Spokane Valley Municipal Code section 17100250 is hereby amended as follows: A. Civil penalties for code violations shall be imposed for remedial purposes �~a ,.,�,.,, ,�„ ,,,,,,,,,,,,,,a �,.,. e-ae�for violations identified in a notice and order or stop work order,pursuant to the following schedule: � Notice and orders and stop work orders—basic initial penalty�: $500.00. B. Additional�penalties shall�be added_where there is: . , . . , . . , . 14. Second violation ' � : $�989500.�599,-9� 2. Each subsequent Violation(three or morel: $�5891,000. . , . �3b. Economic benefit to person responsible for violation: $5,000. C. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter 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 this chapter. D. The City may suspend civil penalties if the person responsible for a code violation has entered into and ful�lled all requirements of a voluntary compliance agreement. E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. F. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties,the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order(excluding any appeal), any civil penalties remain unpaid in whole or in part. Section 10. Amendin�S�okane Valley Munici�al Code 17100300 Re�ardin� Cost RecoverX. Spokane Valley Municipal Code section 17.100300 is hereby amended as follows: Ordinance 12- Amending Enforcement Procedures Page 7 of 9 DRAFT A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs.For purposes of this section, "reasonable legal fees and costs" shall include,but are not limited to, legal personnel costs,both direct and related,incurred to enforce the provisions of this chapter as may be allowed by law; 2. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include,but are not limited to, administrative employee costs,both direct and related,incurred to enforce the provisions of this chapter; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter. � , , , , ; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts;in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this chapter, �le for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property,in accordance with any lien provisions authorized by state law. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes,with which it shall share priority. The City may cause a claim of lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien.Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. Ordinance 12- Amending Enforcement Procedures Page 8 of 9 DRAFT Section 11. Remainder of SVMC 17100 Unchan�. The remaining provisions of SVMC Chapter 17100 are unchanged by this amendment. Section 12. Severabilitv. 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. Section 13. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of , 2012. Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Of�ce of the City Attorney Date of Publication: Effective Date: Ordinance 12- Amending Enforcement Procedures Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 18, 2012 Department Director Approval: � Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information � admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Interstate Directional Tourist Signage GOVERNING LEGISLATION: RCW 47.36 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The Council has requested information regarding placement of additional signage on Interstate 90 with the goal of directing passing motorists into the City. There are several means available, set forth below. 1) Motorist Information Signs are placed along state highways to alert travelers about the services available on or near an interchange. These have limitations in terms of numbers and locations for placement. RCW 47.36 governs traffic control devices, including motorist information signage. RCW 47.36.310 allows the Washington State Department of Transportation (WSDOT) to erect signs containing motorist information to give the traveling public specific information as to gas, food, lodging, camping, or tourist-oriented business available on or near an interchange. The motorist signs must actually include the title from the above list for the type of information being provided on the sign, i.e. "GAS" must be placed next to the name of the individual business being advertised for gas. A photo of an example is attached for reference as Attachment A. In erecting these signs, WSDOT is required to maximize the space available on the sign in determining the number of individual business signs to be displayed. A motorist service or tourist-oriented business located within one mile of an interstate highway shall not be permitted to display its name, brand, or trademark on a motorist information sign panel unless its owner has first entered into an agreement with WSDOT limiting the height of its on-premise signs at the site of its service to not more than fifteen feet higher than the roof of its main building. The restriction for on-premise signs does not apply if the sign is not visible from the highway. WSDOT is required to charge sufficient fees for the display of individual business signs to recover the costs of their installation and maintenance. Motorist signs are authorized within the corporate limits of cities and towns and areas zoned for commercial or industrial uses. The placement, erection, and maintenance of the signs must conform to the Manual on Uniform Traffic Control Devices. 2) As the Council is aware, staff has been working with neighboring jurisdictions and Visit Spokane on an interlocal agreement related to developing a common theme for entry signs and landscaping along Interstate 90. Staff has presented information on this recently. The current status is that the other potential parties to that interlocal agreement are considering several changes, and staff anticipates bringing it back for Council consideration in October. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Attachment A— photo depicting directional signage i � V � �, � ✓ f,f� Express !A�� !()fi G f:!!1. � - _:'aTL','�; - � � � �ennys � � .� �. � ?3' I � � , ' RED 2 s�� TO P � -► $ � J ;r � 5 , ` � � �� . 1 —� � , ` � � � � - - � � 1 ,�,` ' � _ w„�, -� �� ,� +`� L� � , _ . �.�.`a�e,aj i �sr l. 9_� :�k.�- �. —� �� =��,� �,..f�"� � � > � .. ` �4��ia�.�-� � •�:� � �� , . .. � �..,�... .. .`_� � �. 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CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 18, 2012 Department Director Approval: 0 Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Q admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2013 Budget — Follow-up discussion to City Manager presentation of budget on September 11, 2012 GOVERNING LEGISLATION: State budget law. PREVIOUS COUNCIL ACTION TAKEN: No formal Council action has been taken on the 2013 Budget. BACKGROUND: This marks the fifth occasion where the Council has discussed the 2013 Budget and by the time the Council is scheduled to adopt the 2013 Budget on October 30, 2012, you will have had an opportunity to discuss it on nine separate occasions, including three public hearings to gather input from citizens: • June 12 Council Budget Retreat • August 14 Admin report: Estimated 2013 revenues and expenditures • August 28 Public hearing #1 on 2013 revenues and expenditures • September 11 City Manager's presentation of preliminary 2013 Budget • September 18 Follow-up discussion on City Manager presentation • September 25 Public hearing #2 on 2013 Budget • October 9 Public hearing #3 on 2013 Budget • October 9 First reading on ordinance adopting the 2013 Budget • October 30 Second reading on ordinance adopting the 2013 Budget OPTIONS: This is a discussion topic only and allows the Council to ask questions of staff regarding the budget prepared and recommended by the City Manager. RECOMMENDED ACTION OR MOTION: No action is requested at this time. BUDGET/FINANCIAL IMPACTS: The budget is scheduled to be adopted October 30, 2012. STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS: • None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09-18-12 Department Director Approval ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information � admin. report ❑ pending legislation AGENDA ITEM TITLE: 2013 Council Goals. During the February and June, 2012 Council/Staff budget retreat, the below 2012 goals were discussed. Goals will be reviewed by Council for inclusion in the 2013 budget. 1. Continue monitorin�wastewater issues, including governance of wastewater facilities, and pursuit of the most efficient and economical methods to ensure the continuation of wastewater discharge licenses. 2. Pursue the tonic of Solid Waste, to include identifying the issues and obtaining alternatives of joining the consortium or handling it ourselves and the consequences of each alternative. 3. Review and evaluate development regulations and compare with surrounding cities. 4. Develon a Shoreline Master Pro�ram to appropriate regulatory protection for waters of statewide significance as required by state statute. 5. Pursue a le�islative canital bud�et request—to be identified. 6. Create an economic develonment nlan including options for a new city hall. OPTIONS: RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson ATTACHMENTS . � u :. .....'::.. ..;;:: ....:..: ..... . :. .....:,. .....:.. . .......:: ......': ....:::.. ,...:':. ...... , ...;.:.: .....!: .....:.:.: � � 1 � � a�r�c�l �oals .` �:. :�� ;;�1. Continue monitorina wastewater issues, including governance of <�:; :�rastewater facilities, and pursuit of the most efficient and economical " methods to ensure the continuation of wastewater discharge licenses. 2. Pursue the topic of Solid Waste, to include identifying the issues and ��:=�a: ,, � obtaining alternatives of joining the consortium or handling it ourselves a�n,`� ;;... the consequences of each alternative . � 3. Review and evaluate development regulations and compare with surrounding cities. 4. Develop a Shoreline Master Proaram to appropriate regulatory protection for waters of statewide significance as required by state statute. 5. Pursue a leaislative capital bud e�quest - to be identified. 6. Create an economic development plan including options for a new city hall. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of September 12, 2012; 1:30 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Sentember 25,2012,Formal Meetin�Format, 6:00 n.m. [due Mon,Sept 17] 1.PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Proposed Ordinance 12-022 Amending Zoning Use Matrix—C. Janssen (15 minutes) 4. First Reading Proposed Ordinance for Property Tax—Mark Calhoun (15 minutes) 5. Proposed Resolution: Approving Planning Commission Rules of Procedure—Cary Driskell(10 minutes) 6. Motion Consideration: Allocation of Funds to Outside Agencies—Mark Calhoun (20 minutes) 7. Motion Consideration: Library Interlocal Agreement—Mike Jackson, Cary Driskell (20 minutes) 8. Admin Report: 2012 Budget Amendment—Mark Calhoun (20 minutes) 9. Admin Report: Advance Agenda (5 minutes) 10. Info Only: (a) Department Reports; (b) 24"'Ave Sidewalk project [*estimated meeting: 130 minutes] October 2,2012,Studv Session Format, 6:00 p.m. [due Mon, Sept 24] ACTION ITEMS: 1. Motion Consideration: 24`h Ave Sidewalk Project Bid Award—Steve Worley (10 minutes) NON-ACTION ITEMS: 2. Truck Traffic—Cary Driskell (20 minutes) 3. Advance Agenda (5 minutes) 4. Info Only: Sprague/Sullivan ITS Project [*estimated meeting: 35 minutes] October 9,2012,Formal Meetin�Format, 6:00 n.m. [due Mon Oct 1] 1. PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. PUBLIC HEARING: Proposed Amended 2012 Budget—Mark Calhoun (15 minutes) 3. Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Ordinance Proposed Property Tax—Mark Calhoun (10 minutes) 5.First Reading Proposed Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 6. First Reading Proposed Ordinance Amending 2012 Budget—Mark Calhoun (10 minutes) 7. Motion Consideration: Sprague/Sullivan ITS Project Bid Award—Steve Worley (10 minutes) 8. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 90 minutes] October 16,2012, Studv Session Format, 6:00 p.m. [due Mon, Oct 8] 1. Advance Agenda (5 minutes) October 23,2012,Formal Meetin�Format, 6:00 p.m. [due Mon, Oct 15] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Admin Report: Code Text Amendment, Multi-Family Regulations—Mike Basinger (25 minutes) 3. Admin Report: Advance Agenda (5 minutes) 4. Info Only: Department Reports [*estimated meeting: 35 minutes] Draft Advance Agenda 9/13/2012 1:58:07 PM Page 1 of 3 October 30,2012, Studv Session Format, 6:00 n.m. [due Mon, Oct 22] ACTION ITEMS: 1. Second Reading Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 2. Second Reading Proposed Ordinance Amending 2012 Budget—Mark Calhoun (15 minutes) NON-ACTION ITEMS: 3. Snow Removal Plan—Eric Guth (20 minutes) 4. Advance Agenda (5 minutes) [*estimated meeting: 55 minutes] November 6,2012, Studv Session Format, 6:00 n.m. [due Mon, Oct 29] 1. Advance Agenda (5 minutes) November 13,2012,Formal Meeting Format, 6:00 n.m. [due Mon,Nov 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Reading Proposed Ordinance re Multi-Family Regulations—Mike Basinger (15 minutes) 3. Admin Report: 2013 Fees—Mark Calhoun (20 minutes) 4. Admin Report: Lodging Tax Advisory Committee Recommendation to Council—M.Calhoun(20 min) 5. Advance Agenda [*estimated meeting: 60 minutes] November 20,2012—No Meetin�.Thanks�iving Week November 27,2012—Possible no meeting, (NLC Conference in Boston, Nov 27—Dec 1) December 4,2012, Studv Session Format, 6:00 p.m. [due Mon,Nov 26] 1. Advance Agenda (5 minutes) 2. Info Only: Department Reports (normally due for the Nov 27 meeting) December 11,2012,Formal Meetin�Format, 6:00 p.m. [due Mon,Dec 3] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance re Multi-Family Regulations—Mike Basinger (15 minutes) 3. Proposed Resolution: Amending Fees for 2013 —Mark Calhoun (15 minutes) 4. Motion Consideration: Lodging Tax Allocation of Funds—Mark Calhoun (30 minutes) 5. Motion Consideration: Mayoral Appointments to Planning Commission, Committees, etc. (15 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 85 minutes] December 18,2012, Studv Session Format, 6:00 p.m. [due Mon,Dec 10] 1. Advance Agenda 2. Info Only: Department Reports December 25,2012.No meeting. Christmas week January 1,2013.No meetin�. New Year's Dav Januarv 8,2013,Formal Meetin�Format, 6:00 n.m. [due Mon,Dec 31] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Admin Report: Advance Agenda (5 minutes) Draft Advance Agenda 9/13/2012 1:58:07 PM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Arts Council Bidding Contracts (SVMC 3. —bidding exceptions) Centennial Trail Agreement City Hall Analysis Contracts, Annual Renewals,histories, etc.(Oct/Nov) Donation Policy Econ. Dev Ad Hoc Committee Rpt(deadline Nov 30) Future Acquisition Areas Gateway, Regional MOU Greenacres Trail Grant Il'ad Cost Analysis Investment Accounts Manufactured Homes Pedestrian/Bicycle Grant Program PEG Funds (Education) Preservation Projects Prosecution Services Public Safety Contract,Proposed Amendment Revenue Policy, Cost Recovery Snow Plows, Discussion of Solid Waste Analysis Speed Limits (overall system) Stormwater Projects Transportation Benefit District(TBD) *time for public or council comments not included Draft Advance Agenda 9/13/2012 1:58:07 PM Page 3 of 3