HomeMy WebLinkAbout3014ORDINANCE NO. 3 014
AN ORDINANCE of the City of Port Angeles, Washington, revising the
nuisance and junk vehicle enforcement procedures and amending
Ordinances 2469 and 2698, as amended, and Chapters 8.04 and 8.05 of
the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN
as follows:
Section 1. Ordinance 2469 as amended and Chapter 8.04 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 8.04.030, 8.04.050, and 8.04.080 to read as follows:
8.04.030 Types of Nuisances. Each of the following places, conditions, or things is
declared to constitute a public nuisance, and whenever the enforcement officer determines that any
of these conditions exist upon any premises the officer may require or provide for the abatement
thereof pursuant to this Chapter:
A. The growing, maintaining, permitting or allowing of any weed, vegetable
or horticultural growth which either:
1. Overhangs, encroaches upon, obstructs or in any manner interferes with
the full and free use by the public of any street, sidewalk or sidewalk area upon
which such property so owned or occupied abuts; or
2. Has grown and died upon any premises owned, occupied or in control
of the responsible person or persons and which constitutes a detriment to the
public health, safety or welfare, including but not limited to a fire hazard; or
3. Is so overgrown upon any premises owned, occupied or in control of
the responsible person or persons, as to cause the degradation of the character of
the neighborhood, and for which a general rule of thumb shall be an average
length of 12" or more.
B. The existence of any junk, litter, or refuse within the City when written
complaint from tweone or more City residents who are impacted by the present or
potential effect of the condition on them or their property, has been received by the City
unless such materials are kept or stored in an orderly and sightly manner and so as not to
create a fire, safety, health or sanitary hazard.
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C. The depositing, leaving or throwing away of any junk, litter or refuse
within the City for an unreasonable length of time beyond what is necessary for proper
disposal, which length of time shall be not less than thirty (30) days, except at the City
Landfill or in covered containers or receptacles acceptable to the enforcement officer of
the City.
D. The causing or permitting to be discharged, placed or thrown, or the
throwing into, or upon any premises or any public street or alley of any nauseous, foul
or putrid liquor or substance, or any liquid or substance likely to become nauseous, foul,
offensive or putrid.
E. The maintaining, permitting or existence of any unsightly and unsafe,
partially destroyed building or structure, that has not been repaired or removed within a
reasonable period, and which period shall be not less than sixty (60) days and not more
than one (1) year.
8.04.050 Enforcement - Request - Hearing. 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. .:: : ' . : - - : • : ::: - - :. i • 04 , The
enforcement officer shall give also include in the written notice to said person(s) that an application
for initiation of formal abatement proceedings will be made to the Administrative Hearings Officer.
The written notice shall establish the date by which a final determination shall be made and give the
responsible person(s) the option of requesting a hearing before the Administrative Hearings Officer
prior to the final determination date. The responsible person(s) shall have five (5) days in which to
request a hearing which, if requested, shall be held within seven (7) days of the request. Upon
determining that a public nuisance exists which requires abatement, the Administrative Hearings
Officer shall issue a written report of findings and order requiring the responsible person(s) to abate
such condition. The 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 the time frame listed in the 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(s). If the
responsible person(s) do not give permission for the City to enter the property for such abatement
action, the City may obtain a court order or warrant to do so. In the case of a repeat offense that
occurs within three years from a previous offense by the same responsible person, a $100
administrative fee shall be charged to the responsible person(s) to cover the City's costs in pursuing
the abatement of the public nuisance. In the case that the owner leases or rents the premises to
another responsible person(s), such owner may request, and the Administrative Hearings Officer
may include in the 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 prescribed time 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
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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 decision on appeal shall be brought in
Clallam County Superior Court within ten (10) days of the 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 may be perfected, processed and foreclosed as prescribed in the provisions
covering mechanic's liens in Chapter 60.04 RCW. The City may alternatively choose in its sole
discretion to collect any unpaid charges utilizing whatever legal options are available to the City.
including but not limited to turning the matter over to a collection agency. filing a small claims court
action, or filing a civil lawsuit in district or superior court.
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 Administrative Hearings Officer or the City Council had specified for completion
of abatement, whichever date is later. 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. The penalty for a repeat offense
shall be $500.00 per violation.
Section 2. Ordinance 2698 as amended and Chapter 8.05 of the Port Angeles Municipal
Code are hereby amended by amending PAMC 8.05.040 and 8.05.050 to read as follows:
8.05.040 Abatement and Removal of Junk Vehicles on Private Property.
A. The storage or retention of junk vehicles on private property is declared to
constitute a public nuisance subject to abatement by removal and disposal. The
enforcement officer shall inspect and investigate complaints relative to junk vehicles, or
parts thereof, on private property. Upon discovery of such nuisance, the enforcement
officer shall cause the police Department to inspect said vehicle to determine if the same
meets the requirements of RCW 46.55.010(4). If the inspection by the Police Department
confirms that the vehicle in question meets the criteria of RCW 46.55.010(4), then the
enforcement officer shall give notice in writing to the last registered owner of record of
the junk vehicle and also to the property owner of record that a public hearing may be
requested before the City Council or other administrative hearings officer as shall be
designated by the City Council, and that if no hearing is requested within ten days, the
junk automobile will be removed. Costs of removal may be assessed against the last
registered owner of the junk vehicle if the identity of such owner can be determined, or
the costs may be assessed the landowner of the property on which the junk vehicle is
stored.
B. If a request for a hearing is received, a notice giving the time, location and date
of such hearing on the question of the abatement of the junk vehicle or part thereof as a
public nuisance shall be mailed, by certified or registered mail with a five -day return
receipt requested, to the owner of the land as shown on the last equalized assessment roll
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of the County Assessor and to the last registered and legal owner of record of the junk
vehicle unless the junk vehicle is in such condition that the identification numbers are not
available to determine ownership.
C. The owner of the land on which the junk vehicle is located may appear in
person at the hearing or present a written statement in time for consideration at the
hearing, and deny responsibility for the presence of the junk vehicle on the land, with his
reasons for such denial. If it is determined at the hearing that the junk automobile was
placed on the land without the consent of the landowner and that he has not subsequently
acquiesced in its presence, then the City Council shall not assess costs of administration
or removal of the junk vehicle against the property upon which the junk vehicle is located
or otherwise move to collect such costs from the property owner.
D. After notice has been given of the intent of the City to dispose of the junk
vehicle, and after a hearing, if requested, has been held, the junk vehicle, or part thereof,
shall be removed, at the request of a police officer, and disposed of by a registered tow
truck operator with notice to the Washington State Patrol and the Department of
Licensing that the vehicle has been wrecked.
E. The City s after removal of the junk vehicle from
private property, file or record with the County Auditor a claim for lien for the costs of
removal and disposal, which shall be i_ - in accordance with the provisions
covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the
same manner as such liens. The City may alternatively choose in its sole discretion to
collect any unpaid charges utilizing whatever legal options are available to the City,
including but not limited to turning the matter over to a collection agency. filing a small
claims court action. or filing a civil lawsuit in district or superior court.
8.05.050 Violation - Penalty. In addition to the costs of abatement, any person violating
any portion of this Chapter shall be deemed to have committed a civil infraction commencing upon
the date that the enforcement officer or the City Council had specified for completion of abatement,
whichever date is later, and shall be fined not less than $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 which a violation occurs or continues. The penalty for a repeat offense shall be $500.00 per
violation.
Section 3 - Severability. If any provisions 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 4 - Effective Date. This Ordinance shall take effect five days after the date of
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publication.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 16th :day of March , 1999.
ATTEST:
BeCkjaapt0fac ity Cl f
Carol A. Hagar, Depi y
APPROVED AS TO FORM:
Craig D. Knu
n, City Attorney
PUBLISHED: March 21, 1999
By Summary
A:\99 01
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Summaries of Ordinances Adopted by the
Port Angeles City Council
on March 16. 1999
Ordinance No. 3013
This Ordinance of the City of Port Angeles amends the Zoning Code to allow
public housing authority offices and maintenance facilities in the RS -7, Residential
Single Family zone by conditional use permit, and amends Ordinance No. 1709,
as amended, and Chapter 17.10 of the Port Angeles Municipal Code.
Ordinance No. 3014
This Ordinance of the City of Port Angeles revises the nuisance and junk vehicle
enforcement procedures, and amends Ordinance Nos. 2469 and 2698, as amended,
and Chapters 8.04 and 8.05 of the Port Angeles Municipal Code.
Ordinance No. 3015
This Ordinance of the City of Port Angeles regulates the moving of buildings,
repeals Ordinance 1766, as amended, and replaces Chapter 14.32 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.
Unless otherwise stated, these Ordinances shall take effect five days after the date of publication
of these summaries.
Becky J. Upton
City Clerk
Publish: March 21. 1999