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HomeMy WebLinkAbout4336 OrdinanceORDINANCE NO. B AN ORDINANCE of the City of Pasco, Washington Amending PMC Section 9.63.020 "Definitions" 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, City Council in 2016 adopted a "Chronic Nuisance Ordinance" providing remedies for chronic nuisances; and WHEREAS, monitoring the effects of the Chronic Nuisance Ordinance over the past six months indicate that the definition of a "chronic nuisance" is faulty as applied to multi -family properties; and WHEREAS, the definition of a "chronic nuisance" as applied to multi -family properties should be revised to lower the threshold for the determination of a "chronic nuisance"; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.63.020 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 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. Chronic Nuisances Ordinance - 1 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. 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. Chronic Nuisances Ordinance - 2 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) 0_5 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. Section 2. 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 __(p_ day of &L !v CL O 017. Matt Watkins, Mayor Attest: Sandy K orthy, City Clerk Chronic Nuisances Ordinance - 3 App�o Form: Leland B. Kerr, City Attorney