HomeMy WebLinkAbout2773ORDINANCE NO. 2773
AN ORDINANCE of the. City of Port Angeles,
Washington, providing for initiation of formal
nuisance abatement proceedings by an
Administrative Hearings Officer and amending
Ordinances 2698 and 2469 and Chapter 8.04 of the
Port Angeles Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Ordinance 2698 and Ordinance 2469 and Port
Angeles Municipal Code Section 8.04.020 are hereby amended by
adding additional Subsection (J) to read as follows:
8.04.020 Definitions. The words and phrases used in this
Chapter, unless the context otherwise indicates, shall have the
following meanings:
A. "Abate" means to repair, replace, remove, destroy or
otherwise remedy the condition in question by such means, in such
a manner and to such an extent as the enforcement officer, in his
judgment, determines is necessary in the interest of the general
health, safety and welfare of the community.
B. "Disposable Package or Container" means all packages
or containers defined as such by rules and regulations adopted by
the State of Washington Department of Ecology.
C. "Enforcement Officer" means the City Manager or any
City official or employee designated by him.
D. "Junk" includes the storage of all old appliances,
equipment, or parts thereof, all old iron or other scrap metal,
automobile tires, cardboard, old lumber, old wood and mattresses,
which items are not being used for their intended purpose, and does
not include orderly stacked firewood.
E. "Litter" means and includes all waste material,
including but not limited to disposable packages or containers
thrown or deposited on public or private property, including the
depositing on public property or cars of handbills, but not
including the waste of primary process of mining, logging,
sawmilling, farming, or manufacturing.
F. "Premises" means any building, lot, parcel, real
estate, land, or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
G. "Refuse" means vegetable offal, animal offal,
discarded food, cans, bottles, waste paper, large tree limbs and
all other waste substances from private and public establishments
and from residences; but shall not include small amounts of weeds,
twigs, grass, or other material resulting from the normal tending
of lawns and gardens.
H. "Responsible Person" means any agent, lessee, owner or
other person occupying or having charge or control of any premises.
I. "Weed ", "vegetable growth" and "horticultural growth"
mean and include but are not limited to trees, plants, shrubs,
bushes, flowers, garden vegetables and grasses and further include
all growths of every kind and character, whether domestic or wild,
causing the obstruction or interference or detriment prohibited by
this Chapter.
J. "Administrative Hearings Officer" means the City
Manager or any City official or employee designated by him other
than the person designated as "Enforcement Officer" as in C.,
Above.
Section 2. Ordinance 2698 Section 1 and Ordinance 2469
Section 1 and Port Angeles Municipal Code 8.04.050 are hereby
amended to read as follows:
8.04.050 Enforcement - Request Rc3olutionHearinq. The
enforcement officer, having knowledge of any public nuisance, shall
cause the responsible person(s) to be notified of the existence of
a public nuisance on any premises and shall request such person(s)
to abate the condition within a designated reasonable period. Upon
the failure of such person(s) to abate the public nuisance, the
enforcement officer shall give written notice to said person(s)
that the City Council will consider initiating formal abatement
an application for
initiation of formal abatement proceedings will be made to the
Administrative Hearings Officer. The written notice shall be given
not less than five (5) days before the hearing by the
Administrative Hearings Officer at which the responsible person(s)
and the public shall have the opportunity to be heard. Upon
determining that a public nuisance exists which requires abatement,
the Council Administrative Hearings Officer shall adopt a
resolution issue a written report of findings and order requiring
the responsible person or persons to abate such condition. The
resolution written report of findings and order shall provide that
in the event of the failure of such person(s) to abate the public
nuisance within ten (10) days from the date of the resolution
written report of findings and order, the same shall be abated by
the City, and the costs to the City shall become a charge
collectible by any legally available means against the responsible
person or persons. In the case that the owner leases or rents the
premises to another responsible person or persons, such owner may
request at the public hearing, and the Council Administrative
Hearings Officer may include in the resolution written report of
findings and order, an extended abatement period for such owner to
be effective if the tenant fails to accomplish abatement within the
ten -day period, which extended abatement period shall allow the
owner to pursue unlawful detainer proceedings, and shall not exceed
ninety (90) days. The responsible person(s) may appeal the written
report of findings and order of the Administrative Hearings Officer
to City Council by filing a Notice of Appeal with the City Clerk
within ten (10) days of the date of the written report of findings
and order. Any appeal taken to the City Council shall be heard at
the next regularly scheduled meeting of City Council. Any legal
action challenging the Council's abatcmcnt resolution decision on
appeal shall be brought in Clallam County Superior Court within ten
(10) days of the date of thc resolution decision by Council. In
the case that the responsible person, or one of the responsible
persons, is the owner, the charge shall be a lien against the
property. -, and perfected, processed and foreclosed as prescribed in
the provisions. covering mechanic's liens in Chapter 60.04 RCW. The
City shall, within thirty days aftcr completion of thc abatcmcnt
work, file or rccord with the County Auditor a claim for lien for
thc costs of removal and disposal, which shall bc in substance in
accordance with thc provisions covering mechanics' liens in Chapter
60.04 RCW, and said lien shall bc foreclosed in thc same manner as
such licno.
Section 3. Ordinance 2469 Section 1 and Port Angeles
Municipal Code Section 8.04.060 are hereby amended to read as
follows:
8.04.060 Abatement - Suit. Whenever a public nuisance
exists, as determined by Resol- tion of th _ ty Council pursuant to
PAMC 8.04.050, the City may proceed by a suit in the Clallam County
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Superior Court to enjoin and abate it in the manner provided by
Chapter 7.48 RCW as amended; or it my elect to enforce the
provisions of this Chapter by complaint, citation and /or warrant in
Clallam County District Court.
Whenever, in any action brought in the Superior Court, it
is established that a nuisance exists as defined in this Chapter,
the Court shall, together with the civil fine or penalty imposed,
if any, enter an order of abatement as a part of the judgment in
the case, which order shall direct either:
A. That the nuisance be abated or removed by the
defendant within the time limited by the Court, and not exceeding
thirty (30) days; or
B. That the nuisance may be abated by the City at the
cost of the defendant, in which case the Court shall inquire into
and estimate as nearly as may be the sum necessary to defray the
expense of the abatement, and assess and enter it as part of the
penalty imposed, and the sum shall be a part of the judgment in the
case, and shall be collected and enforced in the same manner that
fines and costs are by law collected and enforced and as provided
in RCW 7.48.280 as amended.
Section 4. Ordinance 2469 Section 1 and Port Angeles
Municipal Code Section 8.04.080 are hereby amended as follows:
8.04.080 Penalties. In addition to the costs of
abatement, any person violating any portion(s) of this Chapter
shall be deemed to have committed a civil infraction commencing
upon the date that the enforcement officcr Administrative Hearings
Officer or the City Council had specified for completion of
abatement, whichever date is later ,and ohall be fined not less
than The penalty for this infraction is $250 per violation, the
first $250 of which shall not be suspended or deferred. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
Section 5 - Severability. If any provision of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 6 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the Cit of Port Angeles at
a regular meeting of said Council held on - 3rd day of August,
1993.
ATTEST:
AC)Oki , �► , :� (
Becky J. p , Clerk
�
M A .O R
APPROVED AS TO FORM:
Craig D utson, City At orney
PUBLISHED: August 8, 1993
(By Summary)
93..14
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on August 3, 1993
Ordinance No. 2772
This Ordinance of the City of Port Angeles amends Chapter 9, Section 14 of
Ordinance 2050 and Section 5.36.140 of the Port Angeles Municipal Code by
enabling the City Clerk to issue a temporary taxicab or for -hire driver's license
for a period not to exceed ninety days.
Ordinance No. 2773
This Ordinance of the City of Port Angeles provides for initiation of formal
nuisance abatement proceedings by an Administrative Hearings Officer with the
right of appeal to the City Council and amends Ordinances 2698 and 2469 and
Chapter 8.04 of the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: August 8, 1993
Becky J. Upton
City Clerk
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