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Ordinance 03-083 Prohibition of Nuisances, Violations & Penalties CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 03-083 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON, PROVIDING FOR PROHIBITION OF NUISANCES AND DESCRIBING VIOLATIONS AND PENALTIES. WHEREAS, the City has the duty and authority to maintain and protect the health, safety and welfare of its citizens; WHEREAS, certain conditions exist on private property that are detrimental to the public interest and interfere with the use and enjoyment of public and private property in the community; and WHEREAS, through nuisance regulations, the City is able to prohibit and abate conditions that exist on property in an effort to improve the quality of life within the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to create and maintain a safe and healthy environment for the citizens of the City by identitying and reducing the conditions that contribute to injury, illness, devaluation of property, and the incidence of crime through the existence of nuisance conditions on public and private property. Section 2. Definitions. A. "abate" means to take whatever steps are deemed necessary by the Director to assure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to. rehabilitation, demolition, removal, replacement or repair. R. "the City" means the City of Spokane Valley, Washington. C. "days" will he counted as business days when five or less days are allowed to do an act required by this Ordinance. "days" will be considered calendar days when more than five days are allowed to do an act required by this Ordinance. D. "determination of compliance" means a written statement from the Director that the Director has reviewed evidence to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement, notice of violation, or notice and order. E. "the Director" means the Community Development Director for Spokane Valley, or his/her designee. F. "found in violation" means that: I. A citation or notice and order has been issued and not timely appealed; Ordinance 03-083 Nuisance Abatement Page I of 22 • 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. 0. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57. H. "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. I. "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. J. "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. K. "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 where the nuisance violation occurs. L. "remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. Section 3. Enforcement, authority and administration. A. In order to discourage public nuisances and othenvise promote compliance with applicable nuisance ordinance provisions, the Director may, in response to field observations or reliable complaints, determine that nuisance ordinance violations have occurred or are occurring,and may: I. Enter into voluntary compliance agreements with persons responsible for nuisance violations; 2. Issue notice of violation and assess civil penalties as authorized by this Ordinance; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this Ordinance; 4. Order abatement by means of a notice and order, and if such abatement is not timely completed by the person or persons responsible for a nuisance violation, seek a judicial abatement order and charge the reasonable costs of such work as authorized by this Ordinance; Ordinance 03-083 Nuisance Abatement I'agc 2 of 22 5. Allow a person responsible for the nuisance violation to perform community service in lieu of paying civil penalties as authorized by Section I4(B)of this Ordinance: 6. Forward a written statement providing all relevant information relating to the violation to the Office of City Attorney with a recommendation to prosecute willful and knowing violations as a misdemeanor offense. B. The procedures set forth in this Ordinance are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying nuisance violations or abating nuisance violations in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a nuisance violation. D. In addition, or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may assess or recover additional civil penalties accruing under this Ordinance by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this Ordinance 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 Ordinance from any person causing such violation. F. In administering the provisions this Ordinance, the Director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property where no apparent benefit has accrued to such entity or individual from a nuisance violation. 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 provisions of this Ordinance detailing the administration of compliance procedures are not jurisdictional, are intended only for the purpose of providing guidance to City employees, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged nuisance violation. Failure to meet the guidelines set forth in this Ordinance in any particular case shall not affect the City's authority to enforce City nuisance provisions with regard to that case. H. The Director 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 inspection warrant or other court order, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this Ordinance. It is the intent of the City Council that any entry made to private property for the purpose of inspection for nuisance 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 Ordinance shall not supersede those legal constraints. I. The Director may request that the police, a fire district, Spokane Regional Health District or other appropriate City department or other non-city agency assist in enforcement. J. The Director is authorized to determine, based upon past complaints regarding a property. subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If Ordinance 03-083 Nuisance Abatcment Page 3 of 22 the Director determines a complaint is not reliable, the Director is not obligated to conduct a field investigation. Section 4. Nuisances Prohibited. No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Overhanging limbs or branches that are less than eight(8)feet above a public walkway or sidewalk,or less than fourteen (14)feet above a public street. 2. Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devises, pursuant to clear view triangle policies promulgated by the Spokane Valley Public Works Director. 3. Any growth of noxious weeds or any toxic vegetation shall be subject to WAC 1 7.750 as currently adopted and hereafter amended. B. Buildings,Structures,Fences. 1. Buildings or portions thereof which are deemed dangerous by the Spokane Valley Building Code (currently adopted Uniform Code for the Abatement of Dangerous Buildings), provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure's occupants are endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devises, pursuant to clear view triangle policies promulgated by the Spokane Valley Public Works Director. C. Sidewalks. 1. Any protrusion, awning.or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object,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. I. All unauthorized signs, signals, markings or devices that are displayed to resemble an official traffic control device. Ordinance 03-083 Nuisance Abatement Page 4 of 22 _'. All unauthorized signs, signals markings or devices that are attached in any way to an official traffic control device. E. 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 Spokane Valley Zoning Code 14.300. 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. G. -Toxic 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, or gases or odors offensive or harmful to persons of ordinary sensibilities. I. Bodies of Water. I. 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, wells, or body of water not subject to the jurisdiction of the Spokane Regional Health District. J. Garbage. Reevelables,Compost,and Infestations. I. Garbage not kept in a proper receptacle with a tight fitting lid. 2. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back,or side yards of the property. 3. Recyclablcs not properly stored and regularly disposed of. 4. Creating or maintaining accumulations of matter, including food stuffs, that harbors or is an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. K. Furniture and Appliances. 1. All broken or discarded household furniture, furnishings or equipment,or any appliances not in an approved enclosed structure, in the front, side,or back yard of a property. 2. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. L. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of ten or more inches in width at the top and four feet or more in depth. Ordinance 03-0X3 Nuisance Abatement Page 5 (4'22 M. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by the Junk Vehicle Ordinance, Spokane Valley Ordinance No. 03-67. N. 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. O. 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 173-60-040, as currently adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle,except as a warning of danger or as specifically or permitted by law. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace, comfort of owners or possessors of real property. 1. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a non-emergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine compression noise from the unmuffled or poorly muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disk players at volumes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. P. Dust. Disturbing the top soil 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, comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal non-conforming uses or permitted agricultural activities in General Agricultural zones. Q. 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 a prohibited nuisance. Ordinance 03-083 Nuisance Abatement P.gc 6 or 22 Section 5. Initial investigation. A. Except in emergencies and for low risk case complaints, 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. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the nuisance violation. 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. B. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the nuisance violation should be advised of any complaint by personal contact; phone; posting and mail (return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the field visit. C. The Director will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the Director shall check the City's records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the nuisance violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. Section 6. Procedures when probable nuisance violation is identified. 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 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, a warning shall he 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 (5)days, and the site shall be re-inspected within fourteen (14)days. C. The guidelines set forth for warnings, notifications and re-inspections 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. Ordinance 03-083 Nuisance Abatement Page 7 of 22 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 seventy-two (72) hours, or when the person responsible for the nuisance violation knows, or reasonably should have 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 seventy-two(72) hours. F. The Director shall use all reasonable means to determine the person actually responsible for the nuisance violation occurring when the property owner has not directly or indirectly caused the violation. G. If the violation is not corrected, or a voluntary compliance agreement is not achieved within ten (10) days of notification by the Director, a notice and order should be issued. A notice of violation may be issued immediately after field verification of a violation. I I. All complainants will be asked by staff at the time the complaint is filed whether they wish to he kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violations, and notice and orders issued by the Director with regard to the alleged violation. Any complainant may appeal a determination of nuisance ordinance compliance issued by the Director pursuant to Section 19 of this Ordinance. Section 7. Voluntary Compliance Agreements. A. Authority. Whenever the Director determines that a nuisance violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the nuisance violation. Upon contacting the person responsible for the nuisance violation, the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. 1. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided pursuant to Section 19 of this Ordinance. 2. Upon entering into a voluntary compliance agreement, a person responsible for a nuisance violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation; and 3. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may he granted by the Director if the person responsible for the nuisance violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing Ordinance 03-083 Nuisance Abatement Page 8 of 22 and signed by the Director and person(s) who signed the original voluntary compliance agreement. 4. The voluntary compliance agreement is not a settlement agreement. B. Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a nuisance violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: a. The name and address of the person responsible for the nuisance violation; b. The address or other identification of the location of the violation; c. A description of the violation and a reference to the provision(s) of the Ordinance, which has been violated; d. A description of the necessary corrective action to he taken and identification of the date or time by which compliance must be completed; e. The person responsible for the violation agrees that the City may enter the property and inspect the premises as necessary to determine compliance with the voluntary compliance agreement; f. That a civil penalty in the amount of$250 will be imposed pursuant to Section 14(A)(1) of this Ordinance if the voluntary compliance agreement is not satisfied; g. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation or notice and order, impose any' remedy authorized by this Ordinance, enter the property and perform summary abatement of the violation, assess the costs incurred by the City to achieve compliance and to abate the violation, including reasonable legal fees and costs; h. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the nuisance violation occurred if owned by the person responsible for the nuisance violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the nuisance violation: i. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the nuisance violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation: and j. An acknowledgement that the person responsible for the nuisance violation understands that he or she has the right to be served with a notice of violation or notice and order for any violation identified in the voluntary compliance Ordinance 03-083 Nuisance Abatement Pagc 9 of 22 agreement, has the right to administratively appeal any such notice of violation or notice and order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. C. Failure to meet terms. I. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the property and summarily abate the violation in accordance with the provisions of the voluntary compliance agreement. The person responsible for compliance may, without being issued a notice of violation or notice and order, be assessed a civil penalty in the amount of $250, plus all costs incurred by the City to pursue compliance and to abate the violation. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation, or notice and order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding notice of violation or notice and order. 2. The Director may issue a notice of violation or notice and order for failure to meet the terms of a voluntary compliance agreement. Section 8. Notice of Violation -Cis it Monetary Penalty. A. Authority. Whenever the Director has determined, based upon investigation of documents and/or physical evidence, that a nuisance violation has occurred, the Director shall assess a civil monetary penalty in the amount of$250.00 to any person responsible for the nuisance violation. A notice of violation may be issued at any time after the Director receives filed verification that a violation exists. Subsequent complaints shall be treated as new complaints for purposes of this Ordinance. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this Ordinance apply. B. Effect. 1. A notice of violation represents a determination that a nuisance violation has occurred and that the named party is a person responsible for a nuisance violation. 2. A notice of violation subjects the person responsible for a nuisance violation to the civil penalties prescribed by Section 8A of this Ordinance. 3. The person responsible for a nuisance violation shall either pay the civil penalties assessed within twenty(20)days of the date of issuance of the notice of violation, or appeal the notice of violation pursuant to the procedures in Section 19 of this Ordinance. 4. Failure to appeal the notice of violation within twenty (20) days shall render the notice of violation a final determination that the conditions described in the notice of violation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. Ordinance 03-083 Nuisance Abatement Page 10 of 22 5. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a nuisance violation who are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. 6. Issuance of a notice of violation in no way limits the Director's authority to issue a notice and order to any person responsible for a nuisance violation pursuant to this Ordinance. C. Contents. The notice of violation shall include all of the following information: l. The address, when available, or location of the nuisance violation; 2. 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; 3. A statement that the Director has found the named person(s)to have committed a nuisance violation and a brief description of the violation(s) found; 4. A statement of the specific Ordinance provision that was or is being violated; 5. A statement that the notice of violation represents a determination that a nuisance violation has occurred and that the named party is subject to a civil penalty: 6. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed does not relieve a person found to be responsible for a nuisance 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 Ordinance, and that the penalty must be paid within twenty (20) days, if not appealed pursuant to Section 19 of this Ordinance; 7. A statement of the corrective or abatement action required to be taken; 8. A statement advising that any person named in the notice of violation, or having any record or equitable title in the property against which the notice of violation is issued may appeal from the notice of violation to the !fearing Examiner within twenty(20)days of the date of service of the notice of violation; 9. A statement advising that a failure to appeal the notice of violation within twenty (20) days renders the citation a final determination that the conditions described in the citation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; and 10. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution as a misdemeanor pursuant to Section 18 of this Ordinance. Ordinance 03-083 Nuisance Abatement Puge 11 of 22 D. Modification or Revocation. I. The Director may add to, revoke in whole or in part, or otherwise modify a notice of violation by issuing a written supplemental notice of violation. The supplemental notice of violation shall be governed by the same procedures and time limits applicable to all notice of violations contained in this Ordinance. 2. The Director may issue a supplemental notice of violation, or revoke a notice of violation issued under this Ordinance: a. if the original notice of violation was issued in error; h. whenever there is new information or change of circumstances; or c. if a party to a notice of violation was incorrectly named. 3. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall he served on the person responsible for a nuisance violation in conformity with this Ordinance. Section 9. Notice and Orders. A. Authority. When the Director has reason to believe, based on investigation of documents and/or physical evidence, that a nuisance violation exists or has occurred, or that the nuisance violations identified in a notice of violation have not been corrected, the Director is authorized to issue a notice and order to any person responsible for a nuisance violation. The Director shall make a determination whether or not to issue a notice and order within ten (10) days of receiving field verification that a nuisance violation exists. The Director may, at his or her discretion, extend the time for issuance of a notice and order as conditions warrant. Subsequent complaints shall he treated as new complaints for the purposes of this Ordinance. Issuance of a notice of violation is not a condition precedent to the issuance of a notice and order. B. Effect. I. A notice and order represents a determination that a nuisance violation has occurred, that the named party is a person responsible for a nuisance violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. 2. Upon a determination by the Director that a nuisance violation has occurred pursuant to a notice and order, the Director shall impose a minimum civil monetary penalty in the amount of$500.00 for each violation. Section 14(AX2) authorizes additional civil monetary penalties as set forth in that Section. 3. Any person identified in the notice and order as responsible for a nuisance violation may appeal the notice and order within twenty (20) days according to the procedures described in Section 19 of this Ordinance. 4. Failure to appeal the notice and order within the applicable time limits shall Ordinance 03-083 Nuisance Abatement Page 12 of 22 render the notice and order a final determination that the conditions described in the notice and order existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. 5. Issuance of a notice and order in no way limits a Director's authority to issue a notice of violation to a person previously cited through the notice and order process pursuant to this Ordinance. C. Contents. The notice and order shall contain the following information: I. The address, when available, or location of the nuisance violation; 2. 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; 3. A statement that the Director has found the named person(s)to have committed a nuisance violation and a brief description of the violation(s)found; 4. The specific provision of the ordinance that was or is being violated; 5. A statement that a civil monetary penalty is being assessed in the amount of $500.00 for each separate violation. If appropriate under the circumstances, that an additional civil monetary penalty is being assessed pursuant to Section I4(A)(2), and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; 6. 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; 7. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a nuisance 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 Ordinance; 8. A statement of the corrective or abatement action required to he taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the Director may proceed to seek a judicial abatement order from Spokane County Superior Court. In the event of obtaining a judicial abatement order, the City will abate the nuisance, cause the work to be done, and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for a nuisance violation; I0. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the nuisance violation occurred if owned by a person Ordinance 03-083 Nuisance Abatement Page 13 of22 responsible for a nuisance violation, and as a joint and several personal obligation of all persons responsible for a nuisance violation; 11. 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 twenty (20) dabs of the date of service of the notice and order, pursuant to Section 19 of this Ordinance; 12. 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 nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; 13. A statement advising the person responsible for a nuisance violation of his/her duty to notify the Director of any actions taken to achieve compliance with the notice and order; and 14. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution pursuant to Section 18 of this Ordinance. D. Supplementation,revocation, modification. 1. The Director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this Ordinance. 2. The Director may issue a supplemental notice and order, or revoke a notice and order issued under this Ordinance: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 3. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation. E. Administrative conference. An informal administrative conference may be conducted by the Director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. F. Abatement, In addition, or as an alternative, to any other judicial or administrative remedy, the Director may use the notice and order provisions of this Ordinance to order any person responsible for a nuisance violation to abate the violation and to complete the work at such time and Ordinance 03-083 Nuisance Abatement Page 14 of 22 under such conditions as the Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Director may seek a judicial abatement order as authorised by this Ordinance. Section 10. Abatement. In addition to the abatement procedures otherwise provided in this Ordinance, the City may proceed with emergency or judicial abatement as warranted by the circumstances. A. Emergency Abatement. Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. R. Judicial Abatement: The City may seek judicial process, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. Section 11. Service—notice of violation, notice and order. A. Service of a notice of violation or notice and order shall be made on a person responsible for nuisance violation by one or more of the following methods: I. Personal service of a notice of violation or notice and order may he made on the person identified by the Director as being responsible for the nuisance violation, or by leaving a copy of the notice of violation or 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 of violation or 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; 3. Service by mail may be made for a notice of violation or a notice and order by mailing two copies. postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the nuisance 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 nuisance violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail is presumed effective upon the third business day following the day the notice of violation or notice and order was placed in the mail. 4. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. Ordinance 03-083 Nuisance Abatement Page 15 of 22 B. The failure of the Director to make or attempt service on any person named in the notice of violation or notice and order shall not invalidate any proceedings as to any person duly served. Section 12. Obligations of Persons Responsible for Nuisance Violation. A. It shall be the responsibility of any person identified as responsible for nuisance violation to bring the property into a safe and reasonable condition to achieve compliance. Payment of civil penalties and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a nuisance violation pursuant to a notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs. If a properly owner affirmatively demonstrates that the action which resulted in the violation was taken ithout the owner's knowledge or consent by someone other than the owner or someone acting on the owners behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. Section 13. Determination of Compliance. After issuance of a warning, notice of violation, voluntary compliance agreement or notice and order, and after the person(s) responsible for a nuisance violation have come into compliance to the satisfaction of the Director, the Director shall issue a written determination of compliance. The Director shall mail copies of the determination of compliance to each person originally' named in the warning, voluntary compliance agreement, notice of violation or notice and order, as well as the complainant, by certified mail, five-day return receipt requested. Section 14. Civil Penalties. A. Assessment Schedule. I. Civil penalties for nuisance violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation or notice and order pursuant to the following schedule: I. Notice of violation $250 2. Notice and Orders _ a. basic penalty $500 b. additional penalties may be added where there is: I. public health risk —amount depends upon severity $0-2,500 2. history of similar violations(less than three) $0-1,000 3. history of similar violations(three or more) $0-5,000 c.the above penalties may he offset by the following compliance 1. full compliance %with voluntary compliance agreement with prior $0-1,500 l history 010-1 similar violations _ I Ordinance 03-083 Nuisance Abatement Page 16 of 22 2. full compliance with voluntary compliance agreement with prior history $0-250 ' of two or more similar violations 2. The total initial penalties assessed for notice and orders pursuant to this Ordinance shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150%) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent (200%) the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated in subsection 1 as an additional means to achieve timely compliance. 3. Notice of violations shall be subject to a one-time penalty per violation. The Director retains authority to issue a subsequent notice and order for continued non-compliance. In that event, additional penalties shall he imposed. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a nuisance violation has come into compliance with the voluntary compliance agreement, notice of violation or notice and order and has provided sufficient evidence of such compliance. 4. Civil penalties shall he paid within twenty (20) days of service of the notice of violation or notice and order if not appealed. Payment of the civil penalties assessed under this Ordinance does not relieve a person found to be responsible for a nuisance 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 Ordinance. 5. The Director may suspend civil penalties assessed pursuant to subsection I if the person responsible for a nuisance violation has entered into and completes a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if corrective action stated in the voluntary compliance agreement is not completed as specified. 6. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a nuisance violation. 7. 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 tiled under this chapter if, after the expiration of thirty (30)days from when a person responsible for a nuisance violation receives the notice of violation or notice and order (excluding any appeal) any civil penalties remain unpaid in whole or in part. B. Community Service. The Director is authorized to allow a person responsible for a nuisance violation that accumulates civil penalties as a result of a notice of violation, notice and order, or Ordinance 03-083 Nuisance Abatement Page 17 of 22 failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The Director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. C. Waivers. 1. Civil penalties may be waived or reimbursed to the payor by the Director under the following circumstances: a. The notice of violation or notice and order was issued in error; or b. The civil penalties were assessed in error; or c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the Director since the notice of violation or notice and order was issued. ?. The Director shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. Section 15. Cost Recovery. A. In addition to the other remedies available under this chapter, upon issuance of a notice and order, the Director shall charge the costs of pursuing compliance and abatement incurred to correct a violation to the person responsible for a violation. These charges include: I. Reasonable legal fees and costs. For purposes of this Ordinance, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both direct and indirect, incurred to enforce the provisions of this Ordinance; and 2. Administrative personnel costs. For purposes of this Ordinance, administrative personnel costs shall include, but are not limited to administrative employee costs, both direct and indirect, incurred to enforce the provisions of this Ordinance; and 3. Abatement costs. The Director shall keep an itemized account of costs incurred by the City in the abatement of a notice and order under this Ordinance. Upon completion of any abatement work, the Director shall prepare a report specifying a legal description of the real property where the abatement work occurred, work done for that property, the itemized costs of the work, and interest accrued; and Ordinance 03-083 Nuisance Abatement Page 18 of 22 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 thirty(30)days from mailing of the invoice. C. All costs assessed by the City in pursuing compliance and/or abatement create a joint and several personal obligation in all persons responsible for a nuisance violation. The Office of the City Attorney, on behalf of the City, may collect the costs of 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 nuisance violation pursuant to this Ordinance, file for record with the Spokane County Auditor to claim a lien against the real property for the assessed costs identified in this Ordinance if the violation was reasonably related to the real property. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall he superior to all other liens, except for state and county taxes, with ■tihich it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (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 of violation, 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 hind the affected property for the period as provided for by state law. Section 16. Collection of civil penalties, fees and costs. The Director may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this Ordinance. Section 17. Nuisance abatement fund authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. B. Funds needed to abate a nuisance violation by the City shall be obtained from the abatement fund. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. Section 18. Misdemeanor. Any person who willfully or knowingly causes, aids or abets a nuisance violation pursuant to this Ordinance by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the City Attorney tile a misdemeanor complaint against the person responsible for a nuisance violation when the Director has documentation or Ordinance 03-083 Nuisance Abatement Page 19 of 22 other evidence that the violation was willful and knowing. Section 19. Administrative Appeals, A. Filing Requirements. 1. Any person issued a notice of violation or named in a notice and order, and any owner of the land where the violation for which a notice of violation or notice and order is issued occurred, may file a notice of appeal of the following: a. notice of violation; b. notice and order; 2. A complainant who requests to be kept advised pursuant to Section 6(H) of this Ordinance may appeal a determination of compliance by the Director. 3. A person that does not meet the requirements of Section 19 (A)(1) or (2) does not have standing to appeal under this Ordinance. 4. Any person filing an appeal under this Ordinance who was issued a notice of violation or notice and order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the Director and filing the completed appeal form with the Director within twenty (20) days of service of the notice of violation or notice and order. A complainant who appeals the determination of compliance by the Director must file any such appeal within twenty (20) days of service of the determination of compliance. 5. Any administrative appeal considered under this Ordinance will he determined by the Hearings Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended, unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. B. Notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice of violation or notice and order. The City shall mail this notice by certified mail, five-day return receipt requested, to the person(s) responsible for a nuisance violation. C. Procedures. 1. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or hereafter amended. 2. Enforcement of any notice and order of the Director issued pursuant to this Ordinance shall be stayed as to the appealing party during the pendency of any administrative appeal under this Ordinance, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in the notice and order. Ordinance 03-083 Nuisance Abatement Page 20 of 22 3. When multiple notices of violations or notices and order have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. D. Final order. 1. Following review of the evidence submitted, the Hearing Examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the notice of violation or notice and order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. 2. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non-culpable property owner. 3. The Hearing Examiner's order affirming, revoking or modifying a notice of violation or notice and order is a final decision, and shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. Section 29. Judicial enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Director's or Hearing Examiner's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Section 21. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 22. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. Ordinance 03-083 Nuisance Abatement Page 21 of 22 PASSED by the City Council this 14'h day of October,2003. Mayor, Michael DeVleming ATTESO . JK aft/ • Jerk,Christine Bainbridge Approved as to For • _(2".1 •tom Deputy Attorney, P. Driskell Date of Publication: /,& -/d 1 3 Effective Date: iQ - - C13 Ordinance 03-083 Nuisance Abatement Page 22 of 22