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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 Page 20 of 23 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. Chronic Nuisances Ordinance - 7 Page 21 of 23 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.) Chronic Nuisances Ordinance - 8 Page 22 of 23 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 Chronic Nuisances Ordinance - 9 Page 23 of 23