HomeMy WebLinkAbout4289 OrdinanceORDINANCE NO. 4f291
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
Sections:
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.
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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 9.38, offenses involving drugs, or in
violation of Chapter 69.50 RCW and Chapter 69.43 RCW.
9) Violations of RCW 9A.40.100 and RCW 9A.88.060, human
trafficking.
10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330,
dangerous or potentially dangerous animals.
11) Violations of PMC Chapter 9.46, criminal mischief.
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12) Execution of criminal arrest warrants, search warrants or criminal
arrests on the property.
13) 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 where three or more nuisance activities
described in subsection A) above have occurred on different days during any 180 -
day period; or
2) A commercial business which:
(a) Sells or serves alcoholic beverages where eight (8) or more
nuisance activities described in subsection A) above have occurred on
different days during any 180 -day period; or
(b) All other commercial businesses where four (4) or more
nuisance activities described in subsection A) above have occurred on
different days during any 180 -day period.
3) An industrial property where three or more nuisance activities
described in subsection A) above have occurred on different days during any 180 -
day period.
4) For any type of property where a search warrant or warrant of
arrest, or arrest has occurred twice at such property, business location, or per unit
of any multi -family residential property within a 12 -month period; or
5) 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 having four (4) or more
nuisance activities per unit (occupied or not) having occurred on different days
within a 180 -day period of time.
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), or their respective designees.
Chronic Nuisances Ordinance - 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
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
Chronic Nuisances Ordinance - 4
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
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 to the person in charge, or persons
whose conduct gave rise to the nuisance activity, so long as such actions or remedies 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 daw a 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 shall 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. The time for
completion of the abatement shall be designated in the Voluntary Correction Agreement,
but in no event shall exceed ninety (90) days except upon the demonstration of
extraordinary circumstances and approved by the City Manager.
Chronic Nuisances Ordinance - 5
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. The
Responsible Official shall establish a schedule of standard costs for services to be
assessed based on the actual costs of services subject to future change to reflect current
costs.
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.
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.
Chronic Nuisances Ordinance - 6
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:
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, ra.. , o P:_., U..,,..entio 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
pumoses 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.
Chronic Nuisances Ordinance - 7
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.
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) n..see G:.. Code Title a (Build:.,, and r.............«:on); TWA 17
(Sig. Code); Title 25 (Zoning); 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 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.
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(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.)
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 , 2016.
Matt Watkins, Mayor
A est:
Debbie Clark, City Clerk
Chronic Nuisances Ordinance - 9
Appr ed a to Form:
Leland B. Kerr, City Attorney