HomeMy WebLinkAbout4532 Ordinance - PMC Update - Chronic Nuisance and Duty of EnforcementORDINANCE NO. 4532
AN ORDINANCE OF THE CITY OF PASCO,
WASHINGTON, CREATING A NEW CHAPTER 1.02 "DUTY
OF ENFORCEMENT"; AND AMENDING CHAPTER 9.95
"CHRONIC NUISANCES" IN THE PASCO MUNICIPAL CODE
RELATED TO CODE ENFORCEMENT
WHEREAS, RCW 35A.21.160 grants code cities the same authority of all other classes
of cities to regulate for the health safety and welfare; and
WHEREAS, RCW 35.22.280(29) and (30) grant code cities, pursuant to RCW
35A.21.160, the authority to declare, prevent, and abate nuisances; and
WHEREAS, RCW 7.48.120 through 7.48.905 grant code cities the ability to utilize a
designated code enforcement officer for nuisance abatement; and
WHEREAS, in order for the City of Pasco to be effective in addressing its Code
Enforcement responsibilities, particularly those involving chronic nuisances, it is appropriate that
its enforcement duties and responsibilities be established and defining away so as to give code
enforcement officers flexibility in how those responsibilities can be performed, within the
parameters of the law, intimate needs of citizens.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That a New Chapter 1.02, entitled "Duty of Enforcement" of the Pasco
Municipal Code, shall be and hereby is created and shall read as follows:
Chapter 1.02
DUTY OF ENFORCEMENT
Sections:
1.02.010 Duty of enforcement.
1.02.020 Additional enforcement.
1.02.010 Duty of enforcement.
It is the intent of the City Council that any duty of enforcement of any codes, ordinances or
regulations of the City, or any part thereof, is, to the extent permitted by law, owed to the public
at large and not to any individual members of the public. The City Council, further, intends to
make no assurances or promises of protection thereby or enforcement thereof to any individual,
and that no special relationship or duty to enforce regarding enforcement of any code, ordinance
or regulation shall exist with any individual which would set such individual apart from the general
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 1
public. This provision applies to all prior codes, ordinances or regulations by ratification and to all
subsequent codes, ordinances or regulations regardless of whether a separate duty of enforcement
clause is included therein.
1.02.020 Additional enforcement.
The remedies found in this Code are not exclusive, and, the City may seek any other relief available
at law or in equity, including but not limited to enjoining any acts or practices which constitute or
will constitute a violation of any business license ordinance or other regulations herein adopted.
Section 2. That Chapter 9.95, entitled "Chronic Nuisances" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
9.95.010 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. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.010.]
9.95.020 Adoption of 2018 International Property Maintenance Code by Reference.
The Cit hereby adopts the 2018 version of the International Property Maintenance Code (IPMC)
for the purposes of this Chapter.
9.95.03930 Definitions.
For purposes of this chapter, the following words and phrases shall mean:
"Abandoned property" for purposes of defining a chronic nuisance, means real property over
which the person in charge no longer asserts control due to death, incarceration, or any other
reason, and which is either unsecured or subiect to occupation by unauthorized individuals.
"Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which
constitutes a violation of this chapter by such means and in such a manner and to such an extent
as the responsible official determines necessary in the interest of the general health, safety
welfare of the community.
"Chronic nuisance property" means a premises, structure, or property, including adjacent
sidewalks, parking areas and common areas, on which:
(a) A single family ,-esidenee .,,here throeor-mer-e e a fivities desefibed i the
definition fef "ehfeiiie Fmisanee aetivity" above have eeeeffed en different days &H4ng any
180 day Nuisance activity has occurred on three or more separate occasions during
any sixty (60) dayperiod, or on which four or more nuisance activities have occurred on
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 2
separate occasions during any six (6) month period, or on which nuisance activity
occurred on seven or more separate occasions during any twelve-month (12) period; or
(b) ^ eammefeial business ...hie : Pursuant to a valid search warrant, evidence of drug-
related activity has been identified two or more times on separate occasions within a twelve
(12,) month period, or
(c)
day peried. Any property that the City can demonstrate by a preponderance of the evidence
is the cause of nuisance activities that are occurring on other properties adjacent to or in
proximity to the property itself, where such nuisance activities occurring on such other
property meet the definition of nuisance activity as defined herein, or
(d) , or- affest
Any
abandoned property where nuisance activity exists.
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..,
(c)
day peried. Any property that the City can demonstrate by a preponderance of the evidence
is the cause of nuisance activities that are occurring on other properties adjacent to or in
proximity to the property itself, where such nuisance activities occurring on such other
property meet the definition of nuisance activity as defined herein, or
(d) , or- affest
Any
abandoned property where nuisance activity exists.
"Drug related activity" means any activity at a property which consists of the manufacture,
delivery, sale, storage, knowing possession, use or giving away of any controlled substance as
defined in chapter 69.50 RCW legend drug as defined in chapter 69.41 RCW, or imitation
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 3
I.
M.
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"Drug related activity" means any activity at a property which consists of the manufacture,
delivery, sale, storage, knowing possession, use or giving away of any controlled substance as
defined in chapter 69.50 RCW legend drug as defined in chapter 69.41 RCW, or imitation
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 3
controlled substance as defined in chapter 69.52 RCW. Possession of marijuana that is legal under
Washington State Law shall not result in enforcement action under this ordinance.
"r-nNuisance 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:
(a) Violations of Court orders as provided in PMC 9.10.020 and 9.10.030.
(b) Violations of Chapter 9.15 PMC, including disorderly conduct, failure to disperse,
simple assault, malicious harassment, reckless endangerment, and disorderly place.
(c) Violations of Chapter 9.20 PMC, personal harassment.
(d) Violations of Chapter 9.25 PMC, indecent exposure and lewd conduct.
(e) Violations of Chapter 9.30 PMC, prostitution and related activities.
(f) Violations of Chapter 9.50 PMC, firearms and dangerous weapons.
(g) Violations of Chapter 9.55 PMC, gambling.
(h) Violations of Chapter 9.45 PMC, offenses involving drugs, or in violation of
Chapters 69.50 and 69.43 RCW.
(i) Violations of Chapter 9.60 PMC, theft.
Qj) Violations of RCW 9A.40.100 and 9A.88.060, human trafficking.
(jk) Violations of PMC 6.05.330 and 6.05.340, dangerous or potentially dangerous
animals.
(kl) Violations of Chapter 9.85 PMC, criminal mischief.
(1m) Execution of criminal arrest warrants, search warrants or criminal arrests on the
property
(mn) Violations of Chapter 9.94A RCW, criminal street gang related offenses.
(o) Violations of Chapter 59.18.030 RCW, Gang -related activity.
gyp) Possession of stolen vehicle: 9A.56.068 RCW.
(q) Any civil code violation as defined by state law or local ordinance occurring on the
property, including, but not limited to, the following activities, conditions or behaviors:
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 4
(i) Fire hazard due to vegetation and/or debris Chapter 9.90.040 PMC
Fire code violations which endanger the public as identified by the
responsible official Chapter 16.65 PMC.
(ii) An abandoned or vacant building, structure, or part thereof not securely
closed to unlawful entry Chapter 9.90.050 PMC.
(iii) Failure to meet minimum habitability standards, as set forth in Chapter 3 of
the IPMC, in an occupied dwelling unit and other habitable spaces offered
for let, lease, or rent.
"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.
"Property", for the purposes of this Chapter, means real property, unless the context indicates
otherwise.
"Responsible official" means the Chief of Police or Director of Community and Economic
Development, or any applicable department director as defined by PMC 1.40.030, or their
respective designees.
"Violation" means a criminal conviction, civil judgement, issuance of a civil penalty, issuance of
a notice of violation, or any act or conduct which the City can establish by a preponderance of the
evidence exists or has occurred regardless of whether such act resulted in a criminal charge or civil
ep nalty. [Ord. 4357, 2017; Ord. 4289 § 1, 2016; Code 1970 § 9.63.020.]
9.95.03040 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 PMC 9.95.99100.
[Ord. 4289 § 1, 2016; Code 1970 § 9.63.030.]
9.95.04050 Determination of chronic nuisance property.
(1) The responsible official shall, upon receipt of notification of the a_y number of peliee, fife-�,
E.,a eede en f ,.,.ement sen4ee "s of chronic nuisance activities related to a property in excess of
that provided in PMC 9.95.939030, 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.
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 5
(2) 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.
(3) Police incident reports generated by calls to aid victims on the property shall not be used
to determine chronic nuisance properties.
(4) Violations involving domestic violence against an occupant or tenant shall not be counted
as a nuisance activity.
Reports of calls for services by a person in charge shall not be used to determine chronic
nuisance properties. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.040.]
9.95.0960 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 1.40.050. The notice shall be sent
by certified mail and first-class mail, personally served, and/or posted upon the property. The
notice shall contain:
(1) The street address or legal description sufficient for identification of the property;
(2) 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;
(3) 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;
(4) A demand that the owner or other persons in charge immediately abate the ek �'V
eenditions, respond in writing to the responsible official within seven days of service of the
notice deser-ibi g the , e of ,,e fie., to be t&ef to eeffeet the nuisanee nditio , schedule a
meeting and comply with an agreed upon proposed voluntary correction agreement within the
outlined timeframe;
(5) Notice that, if the person in charge does not abate the nuisance or respond as provided in
subsection (4) of this section, or if the matter is not voluntarily corrected under a voluntary
correction plan as provided in PMC 9.95.9-79080, abatement may be ordered, and the penalties as
provided by PMC 9.95.9991 00 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 1.45 PMC,
which shall conduct the hearing in the manner provided in PMC 1.40.060. A written Netiee notice
of appeal must be filed with the City 0e -ilk responsible official within 10 days of the date of the
notice. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.050.]
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 6
9.95.06970 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. [Ord.
4289 § 1, 2016; Code 1970 § 9.63.060.]
9.95.07880 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 agreement as provided in PMC
1.40.040. The voluntary correction agreement shall be signed by the property owner and the
possessor, if they are not the same. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.070.]
9.95.05990 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:
(1) Available to the owner pursuant to any lease, agreement, or remedy at law; and
(2) 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. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.080.]
9.95.098100 Penalties.
(1) 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 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.
(2) In the event the owner or person in charge enters into a voluntary correction agreement
pursuant to PMC 1.40.040, 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 90sixty 60 days exeept upon
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 7
fire, ambulanee,
It shall be
unlawful for any person to permit a chronic nuisance. After the issuance of the chronic nuisance
determination notice and after the time stated in the notice to enter into a voluntary correction
agreement or otherwise produce an approved plan has passed, every subsequent nuisance activity
shall be considered a separate civil infraction carrying a penalty of $1,000 per infraction.
(4) Every successive owner of property, or possessor, who neglects to abate a continuing
chronic nuisance upon, or in the use of, such property caused by a former owner, is liable therefor
in the same manner as the one who first created it.
(5) Any owner or possessor of a chronic nuisance property shall be in violation of this chapter
and subject to its remedies. The owner and possessor are joint and severally liable for any chronic
nuisance. Both the owner and possessor are subject to the provisions and remedies of this chapter.
Application of this chapter against one party does not preclude application to another party who is
an owner or possessor of a chronic nuisance property. [Ord. 4289 § 1, 2016; Code 1970 §
9.63.090.]
9.95.4-00110 Additional enforcement procedures.
W Upon issuance of a notice of determination of chronic nuisance property as provided in
PMC 9.95.99060, 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.
(2) Nothing in this chapter prohibits the City from taking any emergency action for the
summary closure of such property when it is necessary to avoid an immediate threat to public
welfare and safety. The City may take summary action to close the property without complying
with the notification provisions of PMC 9.95.060, but shall provide such notice as is reasonable
under the circumstances. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.100.]
9.95.440120 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 enforcement 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. [Ord. 4289 § 1, 2016;
Code 1970 § 9.63.110.]
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 8
9.95.430130 Additional remedies.
(1) 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:
(a) Order the person in charge to immediately abate nuisance activity from occurring
on the property.
(b) 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.
(c) 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 9.95.9-50060 was issued
until the responsible official confirms that the property is no longer a chronic nuisance
property.
(d) Order the owner or possessor to cease renting or leasing a property, in part or whole,
until orders complied.
(de) Order the property closed and secured against all unauthorized access, use and
occupancy for a period up to one year.
(efD 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.
(2) Any civil penalty and/or costs assessed against the property may be filed as a lien on the
property with the Franklin County Auditor. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.120.]
9.95.430140 Suspension or revocation of business license.
In addition to any other remedies that are authorized by this chapter or other laws, the Responsible
Official may upon the finding that a property is a chronic nuisance property pursuant to this
chapter, or the person in charge 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 5.05.140. [Ord. 4289 § 1, 2016; Code 1970 § 9.63.130.]
9.95.150 No limitation on additional remedies
Nothing herein shall be construed as havinf, the effect of limiting the City's authoritypursue
any and all additional legal remedies available to abate nuisances.
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 9
Section 3. This Ordinance shall take full force and effect five (5) days after 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 3rd day of May, 2021.
=�r-4
Saul Martinez
Mayor
ATTEST:
jAk &[-,
Debra Barham, CMC
City Clerk
Published: 5/ (P/ eb-u
Ordinance Creating Chapter 1.02 and
Amending Section 9.95 - 10
APPROYETO
Kerr FergL n L
City Attorney