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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 - 2 - 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 - 3 - 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 1 11