HomeMy WebLinkAbout2015.05.11 Council Workshop PacketPage 1 of 23
AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. May 11, 2015
Page
1.
CALL TO ORDER
2.
ROLL CALL:
(a) Pledge of Allegiance.
3.
VERBAL REPORTS FROM COUNCILMEMBERS:
4.
ITEMS FOR DISCUSSION:
3 - 4
(a) Downtown Pasco Development Authority
Council to conduct brief interviews with Heather Breymeyer, Michael
Erickson and Martin Valadez.
(b) Benton & Franklin Counties Department of Human Services
Presentation.
Presented by Linda Robb, Administrator.
(c) Street Crimes Unit Presentation.
Presented by Brent Cook, Pasco Police Captain.
(d) Procedural Explanation - Ongoing Investigation.
Presented by Lee Kerr, Kerr Law Group.
5 - 7
(e) Road 80 Annexation - Election Timeline
8-10
(f) Short -Term Wastewater System Impact Assessment
11 - 12
(g) Utility Rate Study
13-23
(h) Chronic Nuisance Ordinance
5.
MISCELLANEOUS COUNCIL DISCUSSION:
6.
EXECUTIVE SESSION:
Page 1 of 23
Workshop Meeting
7. ADJOURNMENT.
May 11, 2015
REMINDERS:
11:45am, Monday, May 11, Pasco Red Lion - Chamber of Commerce Lunch Meeting.
(Benton Franklin Superior Court Juvenile Justice Update, presented by Judge Spanner
and Kerri Feeney.)
7:00am, Thursday, May 14 - Tri -Mats Policy Advisory Committee Meeting.
(COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.)
1:00pm, Thursday, May 14, 4825 Bermuda Dunes Drive - Pasco School District's
"Team Pasco Homes" Dedication Ceremony - Open House from 2-6pm. (ALL
COUNCILMEMBERS INVITED TO ATTEND.)
7:00pm, Thursday, May 14, Transit Facility - Ben -Franklin Transit Board Meeting.
(MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.)
11:30am, Friday, May 15 - Benton -Franklin Council of Governments Board Meeting.
(COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
6:00pm, Friday, May 15, Toyota Center - Hispanic Academic Achievers Program
Ceremony. (ALL COUNCILMEMBERS INVITED TO ATTEND)
Page 2 of 23
AGENDA REPORT
FOR: City Council
May 7, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 5/11/15
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Downtown Pasco Development Authority
I. REFERENCE(S):
Applications (3) (Council only)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Council to conduct brief interviews with Heather Breymeyer, Michael Erickson and
Martin Valadez.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
City Council formed the Downtown Pasco Development Authority (DPDA) in
December 2010 under Ordinance No. 3985, to initiate the creation of a new downtown
revitalization organization. The DPDA undertakes and facilitates revitalization efforts
in downtown Pasco and oversees the activities and efforts of the Authority's manager.
The DPDA is composed of nine members; terms are for four years (original
appointments were staggered in two, three and four year terms). The Board is to be
comprised of: five members representative of for-profit business or property owners;
two members representative of the banking and/or real estate profession; two
representative of business or corporate management. Those requisite considerations
may overlap in candidates (for example, a bank manager may represent both the
banking and business management considerations). The DPDA meets on the third
Thursday of each month at 4:00 pm.
At the present time there is one vacancy:
1. Position No. 5
Page 3 of 23
After review of all applications, the Council committee selected the following to
interview:
1. Heather Breymeyer
2. Michael Erickson
3. Martin Valadez
V. DISCUSSION:
After conduct of interviews at the May 11 workshop meeting, it is proposed that an
appointment be made by the Mayor, subject to confirmation by the Council, at the May
18 business meeting.
Page 4 of 23
AGENDA REPORT
FOR: City Council
May 6, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 5/11/15
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Road 80 Annexation - Election Timeline
I. REFERENCE(S):
Timeline
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
At the meeting of May 4, Council gave approval to set a public meeting on May 18 to
consider the notice of intent to annex the area west of Road 80. Additionally, staff
provided a timeline for conducting a public hearing for the zoning for the area (June 1)
and for a public hearing on the annexation ordinance (June 15).
Assuming establishment of zoning and Council approval to annex the area, staff would
now recommend an effective date of July 1 (as opposed to August 1 which had
previously been mentioned). This timetable is of importance for three reasons:
1. With a July 1 effective date, the County Auditor's office has indicated the ability to
provide annexation area residents with mailed primary election ballots for the
August 4 primary election. (Staff recommends inclusion of the entire area in
District 5 for 2015 - there is no time to adequately complete the work necessary to
re -district at this point in time.) The reason for the extra lead time is for the
preparation and printing of ballots which must be provided to military and overseas
voters as well as to meet the mailing deadline for regular ballots of July 17. This is
viewed as an important consideration, allowing new City residents to participate as
fully as possible in upcoming City Council elections.
2. An effective date on the first day of the month creates less confusion for most
utility providers in the calculation of billings and utility tax remittance to the City
Page 5 of 23
as a result of the annexation.
3. The annexation must be effective prior to August 1 in order for the City to receive
property taxes for the area for the 2016 calendar year. With this consideration, the
2016 budget can be crafted to provide for optimum delivery of services to the
annexed area.
V. DISCUSSION:
Page 6 of 23
Road 80 Annexation Area Timeline
May 4
May 18
June 1
June 15
July 1
Set public
Council decision on
Set public hearing
Public hearing on
Effective date of
meeting to accept
Intent to Annex (by
date for Road 80
Road 80
Annexation
Intent to Annex
resolution)
Annexation
Annexation
Annexation Process
(by motion)
(by motion)
Council decision
on Road 80
Annexation Area
(by ordinance
Public hearing on
Effective date of
Zoning
Zoning
Zoning
Determination
Determination
Process
Council decision
on zoning for Road
80 area
(by ordinance
AGENDA REPORT
FOR: City Council
April 17, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 5/11/15
FROM: Ahmad Qayoumi, Director
Public Works
SUBJECT: Short -Term Wastewater System Impact Assessment
I. REFERENCE(S):
Professional Services Agreement Summary Sheet
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Sewer Funds - Not to exceed $49,500
IV. HISTORY AND FACTS BRIEF:
In spring of 2014, the City Council adopted the City's Sanitary Sewer Master Plan. The
Plan identifies strategies and outlines the capital improvements to address current and
future needs.
The Department of Ecology (Ecology) issued an order to the City to manage the
pretreatment program. In the months following Ecology's Order, the City worked to
prepare ordinances and determine the logistics to handle the new responsibility. In the
summer of 2014, Council adopted the Pretreatment Ordinance that limits and outlines
the requirements for the BOD and Soluble BOD limits. Also in 2014, the WWTP plant
experienced fluctuating levels of BOD and Soluble BOD inflow. The additional
wastewater to the City's system has resulted in collection system and treatment plant
operational challenges and concerns. The City Pretreatment Management ordered by
Ecology became effective in January of 2015. With the changes from the regulatory
perspective and City ordinance, and also the fluctuating inflow of wastewater from the
industrial users, an assessment of the City's current operation should be conducted and
optimization of plant operations should be determined in order to remain compliant
with NPDES permit requirements.
Page 8 of 23
In 2015, the City is expecting a further increase in wastewater discharge in similar
types of flows. To be proactive, an evaluation and assessment of the treatment process
should be conducted at this time. City staff has been working with Ecology and local
industrial users to ensure that pretreatment and other pretreatment measures are
implemented to minimize the impact to the WWTP. These measures will greatly help
with the operation of the WWTP. In addition, Staff is working with industrial users on
possible public/private joint improvements for the pretreatment process.
WWTP operation staff will need expert assistance to ensure that the entire operational
concept is in place so that violations of the NPDES permit do not occur. The NPDES
permit has stringent conditions and conveys significant fines from the Environmental
Protection Agency (EPA) and Ecology in the event of a violation. Therefore, all
reasonable measures should be taken to protect the NPDES permit while still
accommodating the needs of the City customers and the continued success of industrial
users.
As part of the Sanitary Master Plan approval, Ecology is requiring the City to eliminate
any food processor wastewater discharge to the WWTP and to connect all of the food
processors to the City's Process Water Reuse Facility (PWRF).
Staff has been working with Ecology to develop a master plan to pave a way to connect
the current and future food processors to the PWRF.
V. DISCUSSION:
Staff has contacted Murray Smith & Associates (MSA), the same consultant who
completed the City's Sanitary Sewer Master Plan, to develop a proposal to help the
City staff with assessment of the system and methods to handle the additional flows.
MSA and the City have developed a work plan that is intended to investigate the
fluctuating wastewater flows to (1) help reduce the impacts in the short-term and (2)
evaluate alternatives and select improvements to address impacts in the long-term. To
accomplish these goals requires three distinct project phases.
MSA's scoping includes the following major milestones:
Phase 1 — Short-term impact assessment and mitigation options.
Phase 2 — Long-term impact assessment and needs.
Phase 3 — Long-term alternatives analysis and planning.
Staff recommends approval of the Professional Services Agreement which covers
Phase 1 work, completion of a short-term impact assessment and mitigation options.
Page 9 of 23
Professional Services Agreement
(Summary Sheet)
Project: Short-term Wastewater System Impact Assessment
Consultant: Murray, Smith & Associates, Inc.
Address: 601 Union Street. Suite 622. Seattle. WA 98101
Scope of Services: To evaluate the short-term impact on the City's wastewater treatment plant
and sewer collection system due to additional wastewater flows from industrial users and provide
mitigation options.
Term: 95 calendar days Completion Date: July 31, 2015
Payments to Consultant:
❑ Hourly Rate: $
❑ Fixed Sum of: $
❑X Other: Not to exceed
Insurance to be Provided:
in
1. Commercial General Liability:
❑ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
❑X $1,000,000 each occurrence; and $2,000,000 general aggregate
2. Professional Liability:
❑ $1,000,000 per claim;
❑ $1,000,000 policy aggregate limit; or
❑X $1,000,000 per claim; and $2,000,000 per policy aggregate limit
Other Information:
Signature by:
❑ Mayor
❑X City Manager
Page 10 of 23
AGENDA REPORT
FOR: City Council
May 4, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 5/11/15
FROM: Rick Terway, Director
Administrative & Community Services
SUBJECT: Utility Rate Study
I. REFERENCE(S):
PSA Summary Sheet
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
$84,425.00 - Utility Fund
IV. HISTORY AND FACTS BRIEF:
It has been at least ten years since the city had an independent study done on Utility
Rates. An independent firm, FCS Group (FCS), will look at various aspects of the rates
based on both operational and capital needs.
V. DISCUSSION:
FCS will analyze the information provided by the city in relation to projected revenue,
expenses, capital improvement plans, debt schedules, fiscal policies and customer
billing data and develop revenue projections based on anticipated growth and
budgetary constraints.
FCS will do a cost of service analysis, which will provide the basis for assigning cost
and establish equity for the system users. Once the aforementioned tasks are
completed, FCS will design a rate structure that supports the short and long term needs
of the city's utilities and give a presentation to Council along with the necessary
documentation.
Page 11 of 23
Project:
Professional Services Agreement
(Summary Sheet)
Utility Rate Study
Consultant: FCS Group
Address: 7525 166th Ave NE Ste D-215 Redmond WA 98052
Scope of Services:
To complete Utility Rate Studies for Water, Sewer, Storm Sewer and Irrigation Systems
operated by the city. Study to include both Operation & Capital Improvements needed
or required during the period studied.
Term: 6 months
Payments to Consultant:
❑ Hourly Rate: $
0✓ Fixed Sum of:
❑ Other:
Completion Date: October 15, 2015
84,425.00
Insurance to be Provided:
1. Commercial General Liability:
❑✓ $1,000,000 each occurrence;
❑ $2,000,000 general aggregate; or
❑ $ each occurrence; and $ general aggregate
2. Professional Liability:
$1,000,000 per claim;
$1,000,000 policy aggregate limit; or
El $ per claim; and $ per policy aggregate limit
Other Information:
None.
Signature by:
Mayor
7✓ City Manager
Page 12 of 23
AGENDA REPORT
FOR: City Council
May 7, 2015
TO: Dave Zabell, City Manager Workshop Meeting: 5/11/15
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Chronic Nuisance Ordinance
I. REFERENCE(S):
Chronic Nuisance Ordinance - Draft
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City of Pasco has made remarkable progress in addressing blight, hazardous
property conditions and threats to public safety and private investment over the last
three decades. As a result of addressing these issues, the City has experienced
significant residential, commercial and industrial growth and development.
One of the tools used by the City in addressing negative property conditions is the
Code Enforcement Board — a Council appointed body of citizens that act in a quasi —
judicial capacity to enforce the City's nuisance regulations. The Code Enforcement
Board has the authority to conduct hearings on civil violations of the Pasco Municipal
Code (PMC); determine whether violations of the PMC have occurred; assess penalties
where it is determined that violations have occurred and act as an advisory body to the
City Council, City Manager and staff in matters related to code enforcement and civil
violations.
Nationally and here in Washington State, several cities have added an enforcement
procedure to deal with chronic nuisances — those nuisances which occur on properties
in repetitive or chronic episodes. Chronic nuisances are often defined to include
violations of local codes that are typically not associated with physical property — such
as loitering, personal harassment, offenses involving drugs, offenses involving
prostitution or indecent exposure and criminal mischief.
Page 13 of 23
The proposed draft Chronic Nuisance Ordinance has been developed to address
offenses that occur on regular basis on specific properties within Pasco. Essentially the
draft ordinance:
defines chronic nuisances for single family, multi -family, commercial residential
(hotels/motels), commercial and industrial properties;
provides for adequate notice to the property owner or person in control of the
property;
establishes procedures for the City's responsible official to determine whether a
property is a chronic nuisance property;
establishes a system of remedies, penalties and fines for the existence of a chronic
nuisance; and
provides an appeal process through the Code Enforcement Board if a responsible
person or property owner is aggrieved.
V. DISCUSSION:
The Police Department has compiled statistics that illustrate the frequency of police
calls among the City's hotels/motels and multi -family complexes. Examination of these
statistics indicate that several establishments are the sites for repeated calls for Police
services and as a result, cause a financial burden upon the entire City and adversely
affect private properties in the immediate neighborhoods.
It can be deduced that given the frequency of Police calls for service to particular
establishments, those establishments pose a risk to public health and safety and
consumes a disproportionate amount of public safety resources.
The proposed ordinance is another resource that would enable the City to deal with
chronic nuisance properties.
Staff requests Council consideration and direction on the proposed ordinance. If
Council concurs with the concept, staff will conduct outreach to possible affected
property owners for input and comment.
Page 14 of 23
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Creating a New Chapter 9.63 "Chronic Nuisances"; Amending
PMC 11.02.010 "Applicability of Chapter"; and Amending
PMC 11.02.030 "Definitions" providing for chronic nuisance
enforcement.
WHEREAS, the City of Pasco has been granted Constitutional and statutory powers to
protect the safety, health and well being of its citizens; specifically providing for the definition,
abatement, and punishment regarding nuisances which pose a hazard to public health and safety
and pose a disproportionate demand for the City health and safety services; and
WHEREAS, it has been determined that when certain properties within the City have
been permitted to be used in such a manner that the risk to public health and safety require
multiple responses by City emergency services, and in addition, negatively impact the quality of
life in the neighborhoods in which they are located; and
WHEREAS, that these chronic nuisance properties cause a financial burden upon the
City by repeated calls for emergency services to the properties; and
WHEREAS, to deter such chronic nuisances and to provide for an appropriate
assessment of the costs of such services, the City Council has determined the adoption of a
chronic nuisance ordinance is necessary to promote the public health, safety, and welfare of the
City. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. That a new Chapter 9.63 entitled "Chronic Nuisances" of the Pasco
Municipal Code shall be and hereby is created and shall read as follows:
Chapter 9.63
CHRONIC NUISANCES
CPoti nn c
9.63.010
Purpose.
9.63.020
Definitions.
9.63.030
Chronic nuisance activities - violation.
9.63.040
Determination of chronic nuisance property.
9.63.050
Notice of determination of chronic nuisance property.
9.63.060
Appeal hearing before the Code Enforcement Board.
9.63.070
Voluntary correction.
9.63.080
Abatement of chronic nuisance of property.
Chronic Nuisances Ordinance - 1
Page 15 of 23
9.63.090 Penalties.
9.63.100 Additional enforcement procedures.
9.63.110 Burden of proof.
9.63.120 Additional Remedies.
9.63.130 Suspension or revocation of business license.
9.63.010 PURPOSE. Chronic nuisances present significant health, safety, and
welfare concerns with a negative impact upon the quality of life in the neighborhoods where they
are located, as well as an inordinate burden upon the City's emergency services. This Chapter
provides a remedy for chronic nuisance activities.
9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and
phrases shall mean:
A) "Chronic nuisance activity" shall mean any of the following activities,
conduct, or behavior, whenever engaged in by owners, managers, operators, tenants,
occupants or guests of the premises, or other persons that frequent or are associated with
the premises:
1) Violations of Court orders as provided in PMC 9.03.011 and
9.03.012.
2) Violations of PMC Chapter 9.06 including disorderly conduct,
failure to disperse, simple assault, malicious harassment, reckless endangerment,
and disorderly place.
3) Violations of PMC Chapter 9.08, personal harassment.
4) Violations of PMC Chapter 9.11, indecent exposure and lewd
conduct.
5) Violations of PMC Chapter 9.13, prostitution and related activities.
6) Violations of PMC Chapter 9.24, firearms and dangerous weapons.
7) Violations of PMC Chapter 9.28, gambling.
8) Violations of PMC Chapter 9.36, loitering.
9) Violations of PMC Chapter 9.38, offenses involving drugs, or in
violation of Chapter 69.50 RCW and Chapter 69.43 RCW.
10) Violations of RCW 9A.40.100 and RCW 9A.88.060, human
trafficking.
11) Violations of PMC Chapter 8.02.320 and PMC 8.02.330,
dangerous or potentially dangerous animals.
Chronic Nuisances Ordinance - 2
Page 16 of 23
12) Violations of PMC Chapter 9.46, criminal mischief.
13) Execution of criminal arrest warrants, search warrants or criminal
arrests on the property.
14) Violations of RCW 9.94A, criminal street gang related offenses.
B) "Chronic nuisance property" means a premises, structure, or property,
including adjacent sidewalks, parking areas and common areas, on which:
1) A single-family residence or business, commercial, or industrial
property, where three or more nuisance activities described in subsection A)
above, have occurred on different days during any 180 day period, or five or more
nuisance activities have occurred on the property on different days during any 12 -
month period; or
2) For any type of property where a search warrant or warrant of
arrest, or arrest has occurred twice within a 24 -month period; or
3) For any multi -family residential property including, but not limited
to, apartments, boarding houses, rooming houses, or multi -tenant commercial
properties including, but not limited to, hotels and motels, where, within a 180 -
day period of time, three or more nuisance activities per unit have occurred on
different days, or five or more nuisance activities have occurred on the property
on different days during any 12 -month period.
C) "Person in charge" means any person or entity in actual or constructive
possession of the property, including but not limited to an owner as determined by the
records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with
the express or implied control of the property.
D) "Responsible official" means the Chief of Police or Director of
Community Development, or any applicable department director as defined by PMC
11.02.030(3).
9.63.030 CHRONIC NUISANCE ACTIVITIES - VIOLATION. It is unlawful for
any person or entity to permit a chronic nuisance property within the City of Pasco and such
person or entity shall be subject to penalties as provided in Section 9.63.090 below.
9.63.040 DETERMINATION OF CHRONIC NUISANCE PROPERTY.
A) The Responsible Official shall, upon receipt of notification of the number
of police, fire, and code enforcement service calls to a property, in excess of that
provided in subsection 9.63.020 above, review official documentation such as police
incident reports, notices and orders to correct, warrants and arrest records, and case files
to determine if there are sufficient facts and circumstances to establish sufficient cause to
Chronic Nuisances Ordinance - 3
Page 17 of 23
find the occurrence of nuisance activities to support a designation of the property as a
chronic nuisance property.
B) In determining emergency service calls, multiple nuisance activities
contained in a single police incident report, or a code violation inspection report shall not
be counted as a separate nuisance activity.
C) Police incident reports generated by calls to aid victims on the property
shall not be used to determine chronic nuisance properties.
D) Reports of calls for services by a person in charge shall not be used to
determine chronic nuisance properties.
9.63.050 NOTICE OF DETERMINATION OF CHRONIC NUISANCE
PROPERTY. When a property is determined to be a chronic nuisance property as defined by
this Chapter, the property owner of record and the person in charge of the property shall be
served with a Notice of Determination of Chronic Nuisance Property as provided by PMC
11.02.050. The Notice shall be sent by certified mail and first-class mail, personally served,
and/or posted upon the property. The Notice shall contain:
A) The street address or legal description sufficient for identification of the
property.
B) A declaration that the property has been determined a chronic nuisance
property with a concise description of the nuisance activity that exists or has occurred.
C) A notice that the owner or other person in charge of the property is subject
to monetary penalties and reimbursement for the cost of emergency services.
D) A demand that the owner or other persons in charge immediately abate the
chronic nuisance conditions, or respond to the Responsible Official within seven (7) days
of service of the notice describing the course of action to be taken to correct the nuisance
condition.
E) Notice that, if the person in charge does not abate the nuisance or respond
as provided in subsection D) above, or if the matter is not voluntarily corrected under a
voluntary correction plan as provided in PMC 9.63.070, abatement may be ordered, and
the penalties as provided by PMC 9.63.090 shall be imposed. Such Order may be
appealed to the City of Pasco Code Enforcement Board for an administrative appeal
hearing as provided in Chapter 11.04 of the Pasco Municipal Code, which shall conduct
the hearing in the manner provided in PMC 11.02.060. Notice of appeal must be filed
with the City Clerk within ten (10) days of the date of the notice.
9.63.060 APPEAL HEARING BEFORE THE CODE ENFORCEMENT BOARD.
An appeal of the Notice of Determination of Chronic Nuisance Property may be filed with the
Chronic Nuisances Ordinance - 4
Page 18 of 23
Code Enforcement Board appealing the determination that a chronic nuisance exists, the original
period of abatement, and for the imposition of penalties and remedies as provided in the Notice.
9.63.070 VOLUNTARY CORRECTION. Any person named in the Notice of
Determination of Chronic Nuisance Property may, within, the time permitted within the Notice,
enter into a Voluntary Correction Plan as provided in PMC 11.02.040.
9.63.080 ABATEMENT OF CHRONIC NUISANCE OF PROPERTY. The owner
or person in charge, upon receipt of the Notice, shall promptly take all reasonable steps as
provided in the Notice for the abatement of the nuisance property. Such reasonable steps may
include the owner taking all actions and pursuing all remedies, including pursuing the eviction,
employment termination, and providing notice of trespass of the person in charge, or persons
whose conduct gave rise to the nuisance activity that are:
A) Available to the owner pursuant to any lease, agreement, or remedy at law;
and
B) Consistent with State and local laws, including, but not limited to RCW
59.18.580 "Victim protection -- Limitation on tenant screening service provider
disclosures and landlord's rental decisions."
9.63.090 PENALTIES.
A) Any person or entity in violation of this Chapter shall be guilty of a civil
infraction and subject to a penalty of up to $1,000 per day from the date of the date of
service of the Notice of Determination of Chronic Nuisance Property until the
Responsible Official confirms that the property is no longer a chronic nuisance property,
in an amount up to $25,000.
B) In the event the owner or person in charge enters into a Voluntary
Correction Agreement pursuant to PMC 11.02.040, the penalty may be abated during the
term of the correction agreement upon demonstrated good faith effort by the owner or
person in charge to fulfill the terms of the Voluntary Correction Agreement.
C) The Responsible Official may order restitution of the costs of the
emergency service calls for those service calls commencing with the first nuisance
activity and all subsequent service calls giving rise to the property being deemed a
"chronic nuisance" property as provided in PMC 9.63.020(C). Emergency service calls
shall include City police, fire, ambulance, and code enforcement services.
9.63.100 ADDITIONAL ENFORCEMENT PROCEDURES. Upon issuance of a
Notice of Determination of Chronic Nuisance Property as provided in PMC 9.63.050 above, the
City Attorney may initiate an action in any Court of competent jurisdiction to abate a chronic
nuisance transient accommodation property, to impose penalties pursuant to this Chapter, to seek
alternative remedies under City or State laws and seek any other relief authorized by law.
Chronic Nuisances Ordinance - 5
Page 19 of 23
9.63.110 BURDEN OF PROOF. In an action against a person in charge to abate a
chronic nuisance property, or to recover penalties and reimbursements authorized by this
Chapter, the City shall have the burden of proof to show, by a preponderance of the evidence,
that the property is a chronic nuisance property pursuant to this Chapter. Copies of police
incident reports, code enforcements reports and reports of other City departments documenting
nuisance activities shall be admissible in such actions. Additionally, evidence of a property's
general reputation and the reputation of the person in charge, and parties residing in or
frequenting the property shall be admissible in such actions.
9.63.120 ADDITIONAL REMEDIES.
A) Upon determination that the property is a chronic nuisance property
pursuant to this Chapter, the Responsible Official, Code Enforcement Board or Court,
upon appeal, may order any of the following:
1) Order the person in charge to immediately abate nuisance activity
from occurring on the property.
2) Order that the Responsible Official shall have the right to inspect
the property to determine if the abatement is complete or Code Enforcement
Board or Court orders have been complied with.
3) Impose a penalty of up to $1,000 per day, up to $25,000, against
the person in charge, for each day from the date the notice pursuant to PMC
9.63.050 was issued until the Responsible Official confirms that the property is no
longer a chronic nuisance property.
4) Order the property closed and secured against all unauthorized
access, use and occupancy for a period up to one year.
5) Issue an Order authorizing the City to physically secure the
premises and initiate such closure, and provide that the costs for such closure be
paid for by the person in charge of the property.
B) Any civil penalty and/or costs assessed against the property may be filed
as a lien on the property with the Franklin County Auditor.
9.63.130 SUSPENSION OR REVOCATION OF BUSINESS LICENSE. In
addition to any other remedies that are authorized by this Chapter or other laws, upon the finding
that a property is a chronic nuisance property pursuant to this Chapter, or has failed to pay any
penalty, reimbursement, or other costs assessed as a result of the violation of this Chapter, the
person in charge is subject to the suspension or revocation of any business or other license issued
by the City and required at such property as provided by in PMC 5.04.110.
Section 2. That Section 11.02.010 entitled "Applicability of Chapter" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
Chronic Nuisances Ordinance - 6
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11.020.010 APPLICABILITY OF CHAPTER. The provisions of this Chapter shall
apply to enforcement of Title 5 (excluding Chapters 5.12 - Pawnbrokers and Second -Hand
Dealers and 5.46 - Private Detective Agencies, Private Detectives, Private Security Guards, and
Private Security Companies), Title 6 - Health and Sanitation, Chapter 10.52 - Parking, Title 12 -
Streets and Sidewalks, Title 13 - Water and Sewers, Title 16 - Building Code, Title 17 - Sign
Code, Title 18 - Fire Prevention, Title 19- Mobile Homes, Title 25 - Zoning, and Chapters 8.02
(excepting Sections 8.02.130, 8.02.170 and 8.02.320 - Animal Control), 9.60 - Public Nuisances,
9.61 - Noise Regulation, and 9.62 - Abandoned Vehicles and Vehicle Hulks, and 9.63 - Chronic
Nuisances. The Code Enforcement Board is also designated as the "Improvement Board" for the
purposes of RCW 35.80.030. (Ord. 4017, 2011; Ord. 3534 Sec. 2, 2002; Ord. 3190 Sec. 1,
1996.)
Section 3. That Section 11.02.030 entitled "Definitions" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
11.02.030 DEFINITIONS. As used in this chapter, unless a different meaning is plainly
required:
1) ABATE. "Abate" means to repair, replace, remove, destroy or otherwise
remedy a condition which constitutes a civil violation by such means, in such a manner
and to such an extent as the applicable department director determines is necessary in the
interest of the general health, safety and welfare of the community.
2) ACT. "Act" means doing or performing something.
3) APPLICABLE DEPARTMENT DIRECTOR. "Applicable department
director" means the director of the department or any designated alternate City agent or
employee empowered by ordinance or by the City Manager to enforce a City of Pasco
ordinance or regulation.
4) CIVIL INFRACTION. "Civil infraction" means a violation for which a
monetary penalty may be imposed as specified in this chapter. Each day or portion of a
day during which a violation occurs is a separate violation.
5) DEVELOPMENT. "Development" means the erection, alteration,
enlargement, demolition, maintenance or use of any structure or the alteration or use of
any land above, at or below ground or water level, and all acts authorized by a City of
Pasco regulation.
6) EMERGENCY. "Emergency" means a situation which the applicable
department director determines requires immediate action to prevent or eliminate threat
to the health or safety of persons or property.
7) CODE ENFORCEMENT BOARD. "Code Enforcement Board" means
the Pasco Code Enforcement Board established pursuant to Pasco Municipal Code
Chapter 11.04.010.
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8) OMISSION. "Omission" means a failure to act.
9) PERSON. "Person" means any individual, firm, association, partnership,
corporation or any entity, public or private.
10) PERSON RESPONSIBLE FOR THE VIOLATION. "Person responsible
for the violation" means any person who is required by the applicable regulation to
comply therewith, or who commits any act or omission which is a civil violation or cause
or permits a civil violation to occur or remain upon property in the City, and includes but
is not limited to the owner(s), lessor(s), tenant(s), or other person(s) entitled to control,
use and/or occupy property where a civil violation occurs.
11) REGULATION. "Regulation" means and includes the following as now
or hereafter amended:
(a) i'aseeCity Code i (Building and Constfuetion); Title 17
(Sign ode); Title 25{Ze g} Enforcement of Title 5 (excluding Chapters 5.12 -
Pawnbrokers and Second -Hand Dealers and 5.46 - Private Detective Agencies,
Private Detectives, Private Security Guards, and Private Security Companies),
Title 6 - Health and Sanitation, Chapter 10.52 - Parking, Title 12- Streets and
Sidewalks, Title 13 - Water and Sewers, Title 16 - Building Code, Title 17 - Sign
Code, Title 18 - Fire Prevention, Title 19- Mobile Homes, Title 25 - Zoning, and
Chapters 8.02 (excepting Sections 8.02.130, 8.02.170 and 8.02.320 - Animal
Control), 9.60 - Public Nuisances, 9.61 - Noise Regulation, aPA 9.62 - Abandoned
Vehicles and Vehicle Hulks. and 9.63 - Chronic Nuisances.
(be) All standards, regulations and procedures adopted pursuant to the
above; and
(cd) The terms and conditions of any permit or approval issued by the
City, or any concomitant agreement, with the City.
12) REPEAT VIOLATIONS. "Repeat violations" means a violation of the
same regulation in any location by the same person for which voluntary compliance
previously has been sought within two years or a Notice of Civil Violation has been
issued within two years.
13) VIOLATION. "Violation" means an act or omission contrary to a City of
Pasco regulation including an act or omission at the same or different location by the
same person, and including a condition resulting from such act or omission. (Ord. 3190
Sec. 1, 1996.)
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Section 4. SEVERABILITY. The provisions of this Ordinance are hereby declared
to be severable. If any section, subsection, sentence, clause, or phrase of this Ordinance or its
application to any person or circumstance is for any reason held to be invalid or unconstitutional,
the remainder of this Ordinance shall not as a result of said section, subsection, sentence, clause,
or phrase be held unconstitutional or invalid.
Section 5. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of , 2015.
Matt Watkins, Mayor
Attest:
Approved as to Form:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
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