Title I
ADMINISTRATIVE

CHAPTER 1
SEAL

SECTION:

1-1-1: Seal

1-1-1 SEAL:

The following be, and is hereby adopted as the Municipal Seal of the City of Renton, State of Washington, to-wit: In the center of said seal the word “SEAL” surrounded by the words “CITY OF RENTON. Incorporated September 6, 1901”. (Ord. 2332, 5-15-67)

CHAPTER 2
ORDINANCES

SECTION:

1-2-1: Rules For Construction Of Ordinances And Amendments

1-2-2: Initiative And Referendum

1-2-1 RULES FOR CONSTRUCTION OF ORDINANCES AND AMENDMENTS:

In the construction of the Compiled, Codified and Revised Ordinances and all ordinances amendatory thereof or supplementary thereto, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context of the ordinance.

A.  Intent to Defraud: Whenever by any of the provisions of this Code, an intent to defraud is required in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or any combination of persons.

B.  Title of Sections and Subsections: The title of any section or subsection of these compiled, codified and revised ordinances shall be deemed to in nowise restrict or qualify or to limit the effect of the provisions set forth and contained in such section or subsection.

C.  Constitutionality, Effect of: Should any section, subsection or portion of these Compiled, Codified and Revised Ordinances or of any ordinance which may be hereafter passed, approved and published as required by law, be declared by any court of competent jurisdiction to be unconstitutional or void, such adjudication shall in no way affect the remaining portion of such section, subsection, part or portion of these compiled, codified and revised ordinances or of any such ordinances hereafter passed.

D.  Definitions:

The singular number includes the plural.

Words used in the present include the future.

Words used in the masculine gender comprehend, as well, the feminine and neuter.

The word “shall” is mandatory.

The word “may” is discretionary.

Words prohibiting anything being done, except in accordance with a license or permit or authority from a board or officer, shall be construed as giving such board or officer power to license or permit or authorize such thing to be done.

DAY: Any twenty four (24) hour period from midnight to midnight; and the word MONTH, a calendar month unless otherwise expressed; and the word QUARTER, any three (3) month period, ending with the last day of March, June, September and December; the word YEAR, any one calendar year.

When any time is specified in these ordinances it shall mean standard time, as distinguished from solar time, and the words MIDNIGHT and NOON shall be taken to be midnight and noon standard time.

KNOWINGLY: Imports only a knowledge that the facts exist which brings the act or omission within the provisions herein contained. It does not require any knowledge of the unlawfulness of such act or omission.

LAND, REAL ESTATE and REAL PROPERTY: Includes lands, tenements, hereditaments, water rights, possessory rights and claims.

OATH: Includes “affirmation”, and the word SWEAR includes the word “affirm”. Every mode of oral statement under oath or affirmation is embraced in the term “testify” and every written one in the term “dispose”.

OWNER: As applied to a building or land shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such land or building.

PERSON: Includes bodies politic and corporate, partnerships, associations and corporations.

PERSONAL PROPERTY: Includes every description of money, goods, chattels, effects, evidence of rights in action and written instruments by which any pecuniary obligation, right or title of and to property is created, acknowledged, transferred, increased, defeated, discharged or diminished and every right or interest therein.

PROPERTY: Includes both real and personal property.

SIGNATURE: Includes any name, mark or sign written with the intent to authenticate any instrument of writing.

STREET: Includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.

TENANT or OCCUPANT: As applied to a building or land, includes any person who occupies the whole or any part of such building or land whether alone or with others.

WILFULLY: When applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law or to injure another to acquire an advantage.

WRITING: Includes printing, writing and typewriting. (1957 Code)

1-2-2 INITIATIVE AND REFERENDUM:

In pursuance of chapter 81, laws of 1973, 1st. Ex. Session (Senate Bill No. 2190) the City of Renton hereby elects to adopt, as a non-charter code city, the powers of initiative and referendum as set forth therein.

Any and all ordinances hereafter passed and adopted by the City shall not go into effect prior to thirty (30) days from the time of final passage and same shall be subject to referendum during the interim except the following ordinances:

A.  Ordinances initiated by petition;

B.  Ordinances necessary for the immediate preservation of public peace, health and safety or for the support of City government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the Council;

C.  Ordinances providing for local improvement districts;

D.  Ordinances appropriating money;

E.  Ordinances providing for or approving collective bargaining agreements;

F.  Ordinances providing for the compensation of or working conditions of City employees and agents;

G.  Ordinances authorizing or repealing the levy of taxes; and all such excepted ordinances shall go into effect as provided by the general law or by applicable sections of title 35A RCW as now existing or as hereafter amended.

All powers of initiative and referendum shall be exercised in the manner set forth for the commission form of government in RCW 35.17.240 to 35.17.360 inclusive, as now or hereafter amended, except as otherwise provided in this Section 1-2-2, and except that the number of registered voters required to sign any petition for an initiative or referendum shall be fifteen percent (15%) of the total number of names or persons listed as registered voters within the City on the day of the last preceding City general election. (Ord. 2798, 9-10-73)

CHAPTER 3
REMEDIES AND PENALTIES

SECTION:

1-3-1: Criminal Penalties

1-3-2: Civil Penalties

1-3-3: Nuisances

1-3-4: Definitions

1-3-5: Unfit Dwellings, Buildings And Structures

1-3-1 CRIMINAL PENALTIES:

A. Applicability And Penalties: Any person who shall:

1.   Commit any act declared by any of the provisions of the Renton Municipal Code to be unlawful, or any unlawful act for which there is no stated penalty, or who shall fail to comply therewith; or

2.   Violate or fail to comply with any order made thereunder; or

3.   Use land or premises or construct in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken; or

4.   Fail to comply with an order by such proper authority or by a court of competent jurisdiction, within the time fixed herein; or

5.   Fail to perform any act or discharge any obligation or duty required by or imposed upon him by any ordinance for which there is no stated penalty; shall severally, for each and every such unlawful act, violation and noncompliance, respectively, be guilty of a misdemeanor.

B. Violations: Any person convicted of a criminal violation of any section of the Renton Municipal Code shall be punished in accordance with RCW 9A.20.021(3), as now or hereafter amended, for misdemeanors. Whenever a specific penalty or range of penalties has been established for a crime by the State Legislature and that crime has been incorporated into the Renton Municipal Code, either directly or by reference, then the penalty ranges established by the Legislature shall govern and this provision shall not be enforced.

C. Continuing Violation: Where any act which is of a continuing nature is forbidden or declared to be unlawful, each day or portion of a day such duty or obligation remains unperformed or such act continues shall constitute a separate offense.

D. Suspension Or Revocation Of Permits/Licenses: In addition to other penalties provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the applicant or permittee has not complied with any or all conditions or limitations set forth in the permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in a manner set forth in the approved application. (Ord. 4462, 7-25-94; amd. Ord. 4723, 5-11-98; Ord. 4835, 3-27-00; Ord. 4856, 8-21-00; Ord. 5196, 2-13-06)

1-3-2 CIVIL PENALTIES:

A.  Purpose: The purpose of this Section is to establish an efficient system to enforce the Renton Municipal Code and ordinances of the City, to establish monetary penalties for violations, and to provide for a prompt hearing and decision on alleged violations.

B.  Authority To Inspect: A code enforcement officer and/or law enforcement officer may inspect properties as necessary to determine whether permittees have complied with conditions of the respective permits and, whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth in this Chapter, may request permission from the owner or other person having possession, custody, or control of the premises to enter upon such premises at reasonable times to inspect the same or to perform any other duty allowed the code enforcement officer and/or law enforcement officer by the Renton Municipal Code. The code enforcement officer and/or law enforcement officer, if requested by the owner or subject of the enforcement action, shall present proper credentials to the owner or other person in charge of the premises before requesting entry.

C.  Violation Is Civil Infraction: Any person who commits a violation subject to civil penalties shall be guilty of a civil infraction on the first offense. (Ord. 4835, 3-27-00; Ord. 4856, 8-21-00; Ord. 5078, 5-17-04; Ord. 5088, 6-28-04; Ord. 5159, 10-17-05)

D.  Subsequent Offense: Any person who commits a violation, as set forth in subsection C of this Section, within one year of a committed finding for a prior offense within the same Chapter of the Renton Municipal Code, shall be guilty of a misdemeanor as set forth in RMC 1-3-1.

E.  Costs And Monetary Penalties:

1.   Additional Court Authority: The Renton Municipal Court may impose costs in addition to the penalties set out below. The Court may likewise impose costs as a condition of dismissal of an infraction.

2.   Amount Of Penalty Per Day: The amount of the monetary penalty per day or portion thereof for each violation shall be up to one hundred dollars ($100.00) per day.

F.  Continued Duty To Correct Violation: Payment of a monetary penalty pursuant to this Chapter does not relieve a person of the duty to correct the violation as ordered by the applicable department administrator or the Renton Municipal Court.

G.  Contested Civil Infractions: Any contest in Renton Municipal Court of a civil infraction, as set forth in subsection C of this Section, shall be governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and the Renton Municipal Court Rules (RMCLR), as such court rules may now or hereafter be amended.

H.  Appeal To Superior Court: Any appeal of the decision of the Renton Municipal Court for a civil infraction shall be governed by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ), as such court rules may now or hereafter be amended.

I.  Accrual Of Penalty: The City is authorized to collect the monetary penalty by use of appropriate legal remedies. Seeking legal redress by the City shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. (Ord. 4723, 5-11-98)

J. Suspension Or Revocation Of Permits/Licenses: In addition to other penalties provided for elsewhere, the City may suspend or revoke a permit or license if it finds that the applicant or permittee has not complied with any or all conditions of limitations set forth in the permit, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. (Ord. 4856, 8-21-00; Ord. 5196, 2-13-06)

1-3-3 NUISANCES:

A.  Purpose: Unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City create obvious hazards. Also, these conditions adversely affect the value, utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. The economic well-being of the City is materially and adversely affected by nuisances. This Chapter conveys to the City administration all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exists, and those properties themselves. This Chapter is an exercise of the City’s police power, and it shall be liberally construed to effect this purpose.

B.  Declaration Of Nuisance:

1.   All violations of development, land use, public health, safety, and welfare and sanitation rules, regulations or ordinances of the City of Renton or Seattle-King County Health Department rules, regulations or ordinances are found and declared to be detrimental to the public health, safety, and welfare and further found and declared to be nuisances.

2.   Additionally, a nuisance is anything contained within the definition of nuisance, contained in RMC 1-3-4A11.

3.   The following shall not constitute public nuisances:

a.   Compost piles less than four feet (4’) in height and six feet (6’) in diameter at ground level, and 30 feet (30’) or more from any dwelling, and four feet (4’) or more from adjoining properties;

b.   Storm debris within thirty (30) days following a storm event;

c.   Construction residue and debris during and for fourteen (14) days following completion of work;

d.   Fallen leaves, tree needles, tree fruit and similar vegetation, during the months of October through April, inclusive, except when located on public sidewalks;

e.   The accumulation and temporary storage, in containers designated for such purposes, of “recyclable” materials pursuant to a program of recycling adopted by the City; provided, however, that such containers must not be publicly visible or they must be made available to the City’s garbage or “recycle contractor” within fourteen (14) days after having been filled to fifty (50) percent or more of their capacity;

f.   Uncultivated, uncut or untended weeds, grass, bushes or other vegetation not constituting a health or fire hazard, existing in a natural state on undeveloped, agricultural, native growth easement or defined critical areas such as wetlands, streams, and steep slopes.

C.  Nuisance Declared Unlawful: It shall be unlawful for any occupant of real property or any person having any ownership or possessory interest therein to permit, suffer, maintain, carry on or allow upon such property or any portion thereof a public nuisance, and any person guilty of a public nuisance shall be guilty of a misdemeanor, punishable pursuant to RMC 1-3-1.

D.  Voluntary Correction:

1.   Applicability: This Section applies whenever the applicable department administrator or his or her designee or law enforcement officer determines that a nuisance has occurred or is occurring.

2.   General: The applicable department administrator or his or her designee or law enforcement officer may attempt to secure voluntary correction by contacting the person responsible for creating, maintaining or permitting the nuisance and, where possible, explaining the violation and requesting correction. If the person responsible for the nuisance is a tenant, the City shall endeavor to also notify the owner of the property about the nuisance violation and the nature of that violation and request correction.

3.   Issuance of Voluntary Correction Agreement: An oral voluntary correction agreement may be entered into between the person responsible for creating, maintaining or permitting the nuisance and the City, acting through the applicable department director or his or her designee or law enforcement officer.

a.   Written Voluntary Correction Agreement: Whenever the oral voluntary correction agreement is violated or not completely accomplished, the City may demand a written voluntary compliance agreement. The voluntary written correction agreement is a contract between the City and the person responsible for creating, maintaining or permitting the nuisance under which such person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

(1) The name and address of the person responsible for creating, maintaining or permitting the nuisance; and

(2) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance has occurred or is occurring; and

(3) A description of the nuisance and a reference to the regulation which has been violated; and

(4) The necessary corrective action to be taken, and a date or time by which correction must be completed; and

(5) An agreement by the person responsible for creating, maintaining or permitting the nuisance that grants consent for the City to enter and inspect the premises without a warrant as may be necessary to determine compliance with the voluntary correction agreement; and

(6) An agreement by the person responsible for creating, maintaining or permitting the nuisance that the City may abate the nuisance and recover its costs and expenses (including, but not limited to its attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for creating, maintaining or permitting the nuisance if the terms of the voluntary correction agreement are not fully satisfied; and

(7) An agreement that by entering into the voluntary correction agreement, the person responsible for creating, maintaining or permitting the nuisance waives the right to contest the nuisance at a hearing before any court or hearing examiner under this chapter or otherwise, regarding the matter of the nuisance and/or the required corrective action.

b.   Extension And Modification: An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department administrator or his or her designee or law enforcement officer if the person responsible for creating, maintaining or permitting the nuisance has shown due diligence and substantial progress in correcting the nuisance, but unforeseen circumstances delayed correction under the original conditions.

c.   Abatement By The City: The City may abate the nuisance in accordance with subsection F of this Section if the terms of the voluntary correction agreement are not met.

E.  Notice Of Criminal Citation:

1.   When the applicable department administrator or his or her designee, in consultation with a City law enforcement officer and/or City prosecutor, determines that a nuisance has occurred or is occurring, the law enforcement officer or City prosecutor may issue a criminal citation as authorized by The Renton Municipal Code to the person responsible for creating, maintaining or permitting the nuisance. If a tenant is responsible for the nuisance, the City shall endeavor to notify the owner about the nuisance and the nature of the nuisance.

2.   The law enforcement officer or City prosecutor may issue a criminal citation as authorized by the Renton Municipal Code without attempting to secure voluntary correction as provided in subsection D of this Section under the following circumstances:

a.   When an emergency exists; or

b.   When a repeat nuisance occurs; or

c.   When the nuisance creates a situation or condition which cannot be corrected by voluntary correction; or

d.   When the alleged violator knows or reasonably should have known that the action, situation or condition is in violation of a City rule, regulation or ordinance; or

e.   The alleged violator cannot be contacted or refuses to communicate or cooperate with the City in correcting the nuisance.

F.  Abatement By The City:

1. The City may abate a nuisance when:

a.   The terms of a voluntary correction agreement pursuant to subsection D of this Section have not been met; or

b.   A person responsible for creating, maintaining or permitting the nuisance fails or refuses to enter into a voluntary correction agreement pursuant to subsection D of this Section; or

c.   A criminal citation has been issued pursuant to subsection E of this Section; or

d.   The nuisance is subject to summary abatement as provided for in subsection F2 of this Section.

2.   Summary Abatement: Whenever any nuisance constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats.

3.   Authorized Action By The City: Using any lawful means, the City may enter upon the subject property and may remove or correct the nuisance which is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such nuisance.

4.   Recovery Of Costs, Attorney’s Fees And Expenses: The costs, including incurred expenses of correcting the nuisance, shall be billed to the person responsible for creating, maintaining or permitting the nuisance and the owner, lessor, tenant or other person entitled to control or use the property and shall become due and payable to the City within ten (10) calendar days following actual service or mailing by first class mail. The term “incurred expenses” includes, but is not limited to, personnel costs, both direct and indirect and including any and all attorney’s fees and litigation costs; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing the correction of the nuisance and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in subsection F5 of this Section.

5.   Lien – Authorized: The City of Renton shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this Chapter, and all other related costs including attorney and expert witness fees, against the real property where the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.

a.   A lien for any monetary penalty, the cost of abatement proceedings under this Chapter, and all other related costs, including attorney and expert witness fees and other costs of litigation, shall be filed for record with the King County Department of Records and Elections or county auditor against the real property where the work of abatement was performed. A lien under this Chapter shall be filed within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.

b.   The lien shall contain sufficient information regarding the criminal violation, a legal description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

c.   Any lien under this Chapter shall be verified by the applicable department administrator or his or her designee or law enforcement officer, and may be amended from time to time to reflect changed conditions or monetary amount.

d.   No liens filed under this Chapter shall bind the affected property for a period longer than ten (10) years, without foreclosure or extension agreed to by the property owner.

G. Abatement By Civil Lawsuit: Whenever a public nuisance exists, or voluntary correction of a nuisance has failed or when a nuisance has continued or when summary abatement is not merited, the City may proceed by a civil lawsuit in the King County Superior Court to enjoin and abate the nuisance in the manner provided by Chapter 7.48 RCW, as now or hereafter may be amended. If the City obtains an order of abatement, an injunction or a similar remedy, the City shall be entitled to recover all costs of abatement set forth in subsection F4 of this Section, including but not limited to any monetary penalties imposed, the City’s costs of investigation, the City’s costs of abatement, and the City’s cost of litigation, including expert witness fees, and attorney’s fees.

H.  Additional Enforcement Procedures: The provisions of this Chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Renton Municipal Code or state law. (Ord. 4903, 5-14-01; Ord. 5081, 6-14-04; Ord. 5196, 2-13-06)

1-3-4 DEFINITIONS:

A.  Definitions: As used in this Chapter, unless a different meaning is plainly required:

1. “Abate” means to repair, replace, clean up, remove, destroy or otherwise remedy a nuisance which constitutes a criminal violation under the Renton Municipal Code or the rules, regulations or ordinances of the Seattle-King County Health Department by such means, in such a manner, and to such an extent as the applicable department administrator or his or her designee, or law enforcement officer determines is necessary in the interest of the general health, safety and welfare of the community.

2.   “Act” means doing or performing something.

3.   “Applicable department administrator or his or her designee or law enforcement officer” means the City’s chief operating officer or his or her designee, including any department administrator or other designee, or law enforcement officer, empowered by ordinance or by the City’s chief operating officer to enforce a City ordinance or regulation.

3.1. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (Ord. 5221, 9-11-2006)

3.2 “Building official” means the building official of the City of Renton or any of his or her authorized deputies and representatives. (Ord. 5221, 9-11-2006)

4.   “City Employee” means a regular, limited term, or hourly/nonregular employee of the City of Renton as defined in Sections 5.1 and 5.3 of Policy and Procedure 300-53 of Renton’s Policy and Procedure Manual, as now or hereafter amended, and is a public servant for the purposes of RCW 9A.76.175. (Ord. 5081, 6-14-2004)

5.   “Criminal violation” means any violation of the Renton Municipal Code which is punishable as a misdemeanor under the Renton Municipal Code.

6.   “Code Compliance Inspector” or “Code Enforcement Officer” means any employee(s) appointed by the applicable department administrator or his or her designee to inspect for code violations.

7.   “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a City regulation or ordinance.

7.1 “Director” means the Director of the Development Services Division, or his or her authorized deputies and representatives. (Ord. 5221, 9-11-2006)

8.   “Emergency” means a situation which in the opinion of the applicable department administrator or his or her designee or a law enforcement officer requires immediate action to prevent or eliminate an immediate threat to public health, safety, or welfare of persons or property.

8.1 “Hearing examiner” means the individual authorized to hear appeals for the City of Renton. (Ord. 5221, 9-11-2006)

9.    “Material Statement” means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties. (Ord. 5081, 6-14-2004)

10.  “Misdemeanor” means any criminal violation punishable by up to ninety (90) days in jail and/or a one thousand dollar ($1,000) fine.

11.  “Nuisance” (also referred to herein as “nuisance violation”) means but is not limited to:

a.   A violation of any City of Renton development, land use, public health ordinance or criminal violation of the Renton Municipal Code regulating such areas;

b.   Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, peace, health, safety or welfare of others, is unreasonably offensive to the senses, or which obstructs, disrupts or interferes with the free use of property by any lawful owner or occupant or that is unlawful under the Renton Municipal Code; or

c.   The existence, without limitation, of any of the following conditions:

(1) Trash-Covered Premises: Any premises containing trash, debris or abandoned materials, except that kept in garbage cans or containers maintained for regular collection, see RMC 8-1-4B, or litter, garbage, refuse or rubbish on public or private property, see RMC 6-14;

(2) Dangerous Structures: Any dangerous, decaying, falling or damaged dwelling, fence, or other structure;

(3) Potential Vermin Habitat Or Fire Hazard: Any accumulation of material or debris on a property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, garbage, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, inoperable machinery or equipment, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or overgrown or tall grass more than ten (10) inches in height, overgrown plants or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in approved, covered receptacles;

(4) Junk Or Abandonment Of Vehicles: See Chapter 6-1 RMC;

(5) Attractive Nuisances: Any attractive nuisance which may prove detrimental to children whether in or on a building or structure, on the premises of a building or structure, on an occupied or unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned or junk motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank, open crawl space, or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors;

(6) Obstructions To The Public Right-Of-Way Or Illegal Use Of Public Property: Use of property abutting a public street or sidewalk or use of a public street, undeveloped right-of-way, or sidewalk which causes any obstruction to vehicular or pedestrian traffic or to open access to the streets or sidewalks, including working on vehicles in the public right-of-way except for emergencies and then only for such time as reasonably necessary to solve such emergency and illegal parking of commercial vehicles on public right-of-way in which all of the adjacent structures are occupied as residential dwellings on the same side of the right-of-way as the area for parking, per RMC 10-10-13; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the City. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property. This section applies to camping on public property except in a designated camping area;

(7) Vegetation:

a.  Vegetation exceeding twelve (12) inches in height (exclusive of plants and flowers within a flower bed or container, shrubbery, or trees) located in any front, back or side yard, adjacent public right-of-way or planting strip, or any vacant property;

b.  Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than fourteen (14) feet above a public street;

c.  Vegetation that obstructs or hinders the use of any public walkway, sidewalk, or street, or that obstructs or obscures the view of traffic or traffic control devices;

d.  Dead, decaying or diseased trees or branches that pose a threat to human life or property;

e.  Any growth of noxious weeds or any toxic vegetation; or

f.  Any plant(s), weeds or grass(es) which may be a fire hazard;

(8) Illegal Dumping: Dumping of any type by any person on public or private property not registered as a legal dump site;

(9) Dumping in Waterways: Dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps, or brush upon the banks or in the bed or channel of any navigable stream, except when part of habitat enhancement under auspices of a governmental agency;

(10) Operation of premises where there is illegal manufacture of liquor, or is maintained as a place for drunks, operated as an illegal gambling house or as a drug house per Chapter 7.43 RCW, or which constitutes a moral nuisance or house of prostitution;

(11) Animal Nuisances: Maintaining, harboring or keeping animals which by frequent or habitual howling, yelping, barking or making of other noises, unreasonably annoy or disturb a neighbor, keeping of types or numbers of animals in violation of law, permitting the accumulation of animal waste that is unhealthful or which creates obnoxious odors, keeping of animals in conditions that are unhealthy to the animals, humans or maintaining pests such as caterpillars, vectors, vermin or wildlife on one’s property, or allowing dogs to run at large per RMC 6-6-5C;

(12) Beekeeping: The existence of any bees, Africanized honey bees, yellow jackets, hornets, or wasps that harbor in colonies, hives, apiaries or nests which are not authorized by ordinance or statute and are not in full compliance with Chapter 15.60 RCW or Chapter 16-602 WAC;

(13) Odors: The existence of any strong or offensive odor at the property line including but not limited to rotting or decaying fish or animals, rotting garbage, animal manure or strong chemical smells;

(14) Installing, creating or maintaining graffiti;

(15) Anything defined by RCW 7.48.140, Public Nuisance, Chapter 7.48A RCW, Moral Nuisance, or which constitutes a misdemeanor under RCW 9.66.010 or RMC 6-18-11;

(16) Operating a business without the requisite state or local license or business license or operating in violation of code requirements for that license, see RMC 5-5-3F6, 5-8-4, and 6-15-6;

(17) Violations of the Aquifer Protection Ordinance, RMC 4-9-015;

(18) Violation of harbor regulations, Chapter 9-3 RMC;

(19) Violation of noise level regulations, Chapter 8-7 RMC;

(20) Violations of exterior, onsite lighting regulations in RMC 4-4-075; (Ord. 4963, 5-13-02)

(21) Installing, maintaining and/or using an outdoor visible light or other source of illumination which is on private residential property and produces direct illumination across an abutting residential property of such intensity that it unreasonably interferes with the use or enjoyment of the abutting residential property; (Ord. 4963, 5-13-02)

(22) Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupancy, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days.

Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. (Ord. 5221, 9-11-2006)

12.  “Omission” means a failure to act.

13.  “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.

14.  “Person responsible for creating, maintaining or permitting” the nuisance means any person who is in possession of property, whether as owner, tenant, occupant, or otherwise.

15.  “Repeat violation” means a violation of the same regulation, rule, ordinance, chapter or section of the Renton Municipal Code or of the Seattle-King County Health Department in any location by the same person, for which voluntary compliance previously has been sought or a criminal citation has been issued, within the immediately preceding twelve (12) consecutive month period. (Ord. 4723, 5-11-98; amd. Ord. 4903, 5-14-01; Ord. 5196, 2-13-06)

1-3-5 UNFIT DWELLINGS, BUILDINGS AND STRUCTURES:

A. Purpose: It is found that there exist, in the City of Renton, dwellings that are unfit for human habitation and buildings and structures that are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate ventilation, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions that are inimical to the health and welfare of the residents. It is further the purpose of this section to provide a means of demolishing structures heavily damaged by fire, weather, earth movement or other causes, which have been allowed to sit in the damaged condition without repair for an extended period of time as set forth in this ordinance.

B.  Repair, Vacation, Demolition, or Abatement of Unfit Dwellings, Buildings and Structures:

1.   Incorporation by Reference. Chapter 35.80 RCW is hereby incorporated by reference as if fully set forth, at least one copy of which has been filed with the City Clerk.

2.   Standards for Repair, Vacation or Demolition.

a.   The following standards shall be followed in substance by the director or the hearing examiner in ordering repair, vacation or demolition of unfit buildings:

(1) If the unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the director or, on appeal, by the hearing examiner.

(2) If the unfit building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, neighbors or the general public, it shall be ordered to be vacated by the director or, on appeal, by the hearing examiner.

(3) If the unfit building is fifty percent damaged or decayed or deteriorated in value it shall be demolished. “Value” as used herein shall be the valuation placed upon the building or structure for purposes of general taxation.

(4) If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished.

(5) If the unfit building is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the City of Renton or the laws of the state of Washington, it shall be demolished, provided the fire hazard is not eliminated by the owner within a reasonable time.

C.  If the director or hearing examiner orders the building to be demolished, it shall also require that the land be suitably filled and cleared, and that the property immediately be vacated and secured as completely as possible pending demolition.

D.  Complaint: If, after a preliminary investigation of any building or premises, the building official finds that it is unfit, substandard, boarded-up and unfit for use as a dwelling, building or structure, or required to be boarded-up and unfit for use as a dwelling, building or structure; he or she shall cause the owners to be served, either personally or, if personal service cannot be obtained, by first class and certified mail, with return receipt requested, and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building, together with the corrective action to be taken and the fees and costs to be paid. If the whereabouts of such person are unknown and cannot be ascertained by the building official in the exercise of reasonable diligence, he or she shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person, at the address of the building involved in the proceedings, if different, and to each person or party having a recorded right, title, estate, lien, or interest in the property. Such complaint shall contain a notice that a hearing will be held before the director at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint, that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of King County, and such filing of the complaint or order shall have the force and effect of a lis pendens.

E.  Voluntary Correction:

1.   The building official may secure voluntary correction in the form and manner as authorized by RMC 1-3-3.B.

2.   The voluntary correction agreement is a contract between the City and the owner in which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary agreement must include:

a.   The name and address of the owner or person bound under the contract;

b. The street address and a legal description sufficient to identify the premises;

c.   A description of the violation and a reference to the provisions of this code or other regulation that has been violated;

d.   The corrective action to be taken, and a date and time by which the corrective action must be completed;

e. An agreement by the owner that the City of Renton may abate the violation and recover its costs and expenses pursuant to this chapter if all terms of the voluntary agreement are not met;

f.   A waiver by the owner of his right to any administrative or legal review of the violations, the appropriate corrections, and all other rights except those in the agreement;

g.   The administrative costs to be paid and by whom;

h.   Permission by the owner for the City to enter upon the property at any time or, in the case of occupied property, at reasonable times until the violation is abated; and

i.   An acknowledgement.

The building official may grant an extension for corrections or modifications if the owner has been diligent and made substantial progress but has been unavoidably delayed.

F.  Hearings Before the Director:

1.   Unless, prior to the time fixed for hearing in the complaint issued by the building official, arrangements satisfactory to the building official for the repair, demolition, vacation or re-occupancy of the building or premises are made, including the proper application for permits, or abatement of the unfit building, the director shall hold a hearing for the purpose of determining the immediate disposition of the building or premises. The hearing will be canceled if the building official approves the completed corrective action at least 48 hours before the scheduled hearing.

2.   The director shall conduct an administrative hearing. The hearing shall be governed by the civil rules of superior court for the state of Washington, but the strict rules of evidence shall not be applied. Any party wishing to testify shall be sworn on oath. The building official or his or her designee and the owner may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the violation may appear and present evidence. The City shall have the burden of demonstrating by a preponderance of evidence that a violation has occurred and that the required corrective action is reasonable.

3.   The director may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if he or she finds that conditions exist in such dwelling, building, structure, or premises that are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the City. Such conditions may include the following, without limitations: Defects therein increasing the hazards of fire or accident; inadequate ventilation, light, or sanitary facilities, dilapidation, disrepair, structural defects, uncleanliness, overcrowding, or inadequate drainage. The minimum standards to be applied are those contained in this chapter, RMC Title 4, and all standardized codes adopted by the City of Renton.

4.   The director shall issue an order to the owner that contains the following information:

a.   The decision regarding the alleged violation including findings of fact and conclusions based thereon.

b. The required corrective action.

c.   The date and time by which the correction must be completed.

d.   The costs assessed.

e.   The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed.

f.   The decision shall state that the owner has the right to appeal to the hearing examiner within 30 days and, unless he does appeal or comply with the order, the City shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the director, and to charge any expenses incurred thereby to the owner and assess them against the property.

5.   The director shall mail, by certified mail, a copy of the decision to the owner or occupant within 10 working days following the hearing.

6.   If no appeal is filed, a copy of such order shall be filed with the auditor of King County and shall be a final order.

G.  Hearings Before the Hearing Examiner:

1.   The purpose of the hearing examiner under this chapter is to review the proceedings and orders of the director and to affirm, modify or vacate said orders.

2.   Within 30 days from the date of service and posting of an order of the director, an owner may file an appeal with the hearing examiner by filing a written notice of appeal with the City Clerk setting out the reasons he believes the findings or order of the director to be erroneous. There will be not less than 10 or more than 30 days from the date of said appeal or referral and the hearing. Notice of the time and place of the hearing shall be made in accord with RMC 1-10-5. The matter of the appeal will be scheduled for public hearing before the hearing examiner so as to allow 10 days’ notice of the hearing to the appellant and all interested parties and to permit final decision thereon to be made within 60 days after the filing of the appeal. The filing of the notice of appeal shall stay the order of the director, except so much thereof as requires temporary measures, such as securing of the building to minimize any emergent danger to the public health or safety.

3.   Upon the public hearing of the appeal, the hearing examiner shall consider the file of the proceedings before the director and such other evidence as may be presented. After the hearing, the examiner may affirm, modify or vacate the order of the director, or may continue the matter for further deliberation or presentation of additional evidence. Normally the hearing examiner will not accept new evidence or evidence not made available to the director in the absence of good cause. The examiner’s review is on the record, not de novo.

The determination of the hearing examiner shall be accorded substantial weight. If the owner fails to appear at the scheduled hearing, the director will enter an order finding that the violation occurred and assess the appropriate costs.

A record of the proceedings shall be made and kept for one year or until the matter is final, whichever is longer. The examiner shall cause his findings of fact and order to be made in writing; provided, he may adopt the findings and order of the director, or so much thereof as supports his decision. Such findings and order shall be served and posted in the same manner as an order of the director. In addition, such notice shall state that the owner has the right to petition the superior court of King County for appropriate relief within 30 days after the order becomes final.

H.  Enforcement:

1.   The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the building official may seek the appropriate warrant from King County Superior Court to enter upon the property, and cause the building to be demolished and the premises to be suitably filled and cleared as provided by RMC 1-10-4. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the examiner may cause the building to be demolished and the premises suitably filled and cleared as provided by RMC 1-10-4. The building official shall let bids for any demolition in accordance with RMC 1-10-10.

2.   If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the building official may seek the appropriate warrant from King County Superior Court to enter upon the property, and cause the action to be taken.

3.   If the building official deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, he may so order. If the owner is unable or unwilling to secure the building within 48 hours, the building official may seek the appropriate warrant from King County Superior Court to enter upon the property and secure the building.

4.   If the owner is unable to comply with the director’s or hearing examiner’s order within the time required, and the time for appeals to the examiner or petition to the court has passed, he or she may, for good and sufficient cause beyond his or her control, request in writing an extension of time. The director or the hearing examiner may grant a reasonable extension of time after a finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the director’s or the hearing examiner’s ruling on an extension of time.

I.  Costs:

1.   Actual costs and expenses will be assessed in accord with the provisions of this section, including the cost of repairs, alterations, improvements, vacating and closing, removal, and/or demolition. Actual costs shall include the costs of staff time, including overhead, contracted engineering fees or consultants’ fees, relocation assistance payments including interest and penalties, and any attorney’s fees incurred in having the dwelling, building or structure declared unfit, in any hearing before the director or hearing examiner, or in Superior Court obtaining any warrant for entry or order of abatement.

2.   The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred as a lien unless paid.

3.   Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. Such bids may be let prior to the time for compliance or appeal but shall not be binding or accepted until the order for demolition is final. The building official shall have the authority to sign the contract on behalf of the City.

4.   There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded-up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted.

5.   In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner:

a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing;

b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500;

c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000;

d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000.

6.   The building official, director, or hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In setting costs, they may reduce the costs to an owner who has acted in good faith and would suffer extreme financial hardship. They may increase costs if it appears that the scheduled costs are inadequate to make the City whole with respect to a particular violation.

J.  Unfit Building Abatement Fund: A fund shall be created to retain the moneys collected pursuant to this chapter and pay for any demolitions and unfit building abatements undertaken by the City.

K.  Permit Required: Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure may require a permit in accord with the provisions of RMC Title 4.

L.  Rules and Regulations: The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter and do substantial justice.

M.  Penalties: It shall be unlawful and a violation of this chapter to:

1. Occupy or suffer to be occupied any building or premises ordered vacated; or

2. Fail to comply with any order issued pursuant to this chapter.

Any person having been found to have violated this chapter shall be guilty of a misdemeanor punishable pursuant to RMC 1-3-1.

N.  Emergencies: The provisions of this chapter shall not prevent the director or any other officer of the City of Renton or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 5221, 9-11-2006)

CHAPTER 4
MAYOR

SECTION:

1-4-1: Duties

1-4-2: Full-Time Basis

1-4-3: Rules For Appointing Officers

1-4-1 DUTIES:

The duties and powers of the Mayor of the City shall be those prescribed by the laws of the State and by the regulations of the City, in addition to the provisions hereinafter made applicable. (Ord. 1536, Sec. 2, 2-14-56)

1-4-2 FULL-TIME BASIS:

The office of the Mayor shall be conducted an a full-time basis and he shall be the chief executive officer of the City government and as such have general supervision over the several departments of the City and over all its interests. (Ord. 1536, Sec. 2, 2-14-56)

1-4-3 RULES FOR APPOINTING OFFICERS:

The Department officers and administrators listed in RMC Title 3 shall be appointed by the Mayor, and subject to confirmation by a majority of the members of the City Council. If the Council shall refuse to confirm any such nomination of the Mayor, then the Mayor shall appoint another person to fill the office, and the Mayor may continue to appoint until the appointee is confirmed. The Council shall have up to two regularly scheduled council meetings, but not less than ten (10) days, to act upon the Mayor’s appointment, but should the Council fail to act within that period of time, the appointment will be deemed confirmed. The Mayor shall have the ability to make interim appointments for up to six months without Council confirmation. Each administrator appointed shall, before entering upon the duties of that office, take the oath of office, if required, and further, if required, shall give bond and file the same within ten (10) days after receiving notice of appointment and confirmation, or if no notice is received, then on or before the date fixed for the assumption of the duties of the office to which that person has been appointed. (Ord. 1536, Sec. 3, 2-14-56; amd. Ord. 2608, 12-28-70; Ord. 5079, 6-7-2004)

CHAPTER 5
COUNCIL

SECTION:

1-5-1: Number Of Councilmembers; Duties; Salaries

1-5-2: Executive Sessions

1-5-3: Conflict Of Interest, Disqualification, Exemptions; Voting Requirements

1-5-4: Exemption From Open Public Meetings Act

1-5-1 NUMBER OF COUNCILMEMBERS; DUTIES; SALARIES:

A.  The City of Renton is a noncharter code city under the laws and statutes of the State, and its City Council shall consist of seven (7) members who shall be elected at large.

B.  The duties of Councilmembers shall be those prescribed in RCW 35A.12.010 et seq., and as otherwise provided by law.

C.  The salaries of the Councilmembers are hereby fixed at nine hundred fifty dollars ($950.00) per month plus two percent (2%) of salary for deferred compensation, plus for those Councilmembers not participating in PERS, an extra 1.4% of salary for deferred compensation. However, the compensation of such elected officials who fix their own compensation shall not be increased during their terms of office, and as limited by the Constitution and statutes of the State of Washington. (Ord. 4514, 5-8-95; amd. Ord. 4757, 12-14-98; Ord. 5090, 7-19-04)

1-5-2 EXECUTIVE SESSIONS:

A.  The President or majority of members of the City Council may hold executive sessions during a regular or special meeting:

1.   To consider matters affecting national security;

2.   To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration could cause a likelihood of increased price;

3.   To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, final action selling or leasing public property shall be taken in a meeting open to the public;

4.   To review negotiations on the performance of publicly bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;

5.   To consider, in the case of an export trading company, financial and commercial information supplied by private persons to the export trading company;

6.   To receive and evaluate complaints or charges brought against a public officer or employee. However, upon the request of such officer or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge;

7.   To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a governing body of salaries, wages and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;

8.   To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public;

9.   To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency.

Executive sessions, to the extent permitted by law, shall be limited to members of the City Council unless the presence of nonmembers is requested by a majority of City Council members.

B.  Except as otherwise provided for herein, all regular or special Council meetings shall be open to the public as set forth in RCW 42.30.010 et seq. No official action shall be taken at any executive session, as herein specified; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussions.

C.  In the event of any executive session as hereinabove specified, no member of the City Council, employee of the City, or any other person present during executive session of the City Council, shall disclose to any person the content or substance of any discussion or action which took place during said executive session, unless a majority of the City Council shall authorize such disclosure.

D.  Before convening in executive session, the presiding officer of a governing body shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the presiding officer. (Ord. 4136, 3-7-88)

1-5-3 CONFLICT OF INTEREST, DISQUALIFICATION, EXEMPTIONS; VOTING REQUIREMENTS:

A.  No member of the City Council shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision or direction of the City Council, in whole or in substantial part, and as otherwise provided for in Chapter 6 of Title 1 (Administrative) of Ordinance No. 4260 entitled “Code of General Ordinances of the City of Renton” (generally referred to as the City’s “Code of Ethics” ordinance), or as otherwise regulated by any other law, rule or regulation pertaining to Municipal officers.

B.  In the event of any private interest by such Councilman, he shall be required to make the disclosures as set forth in Section 1-6-7 of said Code of Ethics Ordinance. Upon disclosure of such private or personal interest the Councilman so disqualified shall promptly leave his seat during the debate or discussion and vote on such matter and leave the Council chambers until the total subject matter in which he has such personal or private interest has been disposed of. A Councilman stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. (Ord. 2897, 12-16-74)

1-5-4 EXEMPTION FROM OPEN PUBLIC MEETINGS ACT:

The provisions of the Open Public Meetings Act shall not apply to any meeting attended by less than a majority of the members of the City Council in which no final action is taken or commitment made. All preliminary decisions or recommendations made by any such committee consisting of less than a majority of the City Council members shall be submitted in due course to the City Council at a regular or special meeting for final action. Notwithstanding the foregoing, the chairman of any such subcommittee consisting of less than a majority of all the Councilmen elected, shall have discretion to allow members of the public to attend and/or participate in any such committee meeting.

The aforestated exemption from the Open Public Meetings Act shall likewise apply to any advisory committee created by or pursuant to ordinance as long as said committee does not have authority to establish definite policies or rules, but its function is merely advisory. (Ord. 2822, 1-21-74)

CHAPTER 6
CODE OF ETHICS

SECTION:

1-6-1: Declaration Of Purpose

1-6-2: Definitions

1-6-3: Statement Of Expense Of Candidate

1-6-4: Acceptance Of Gifts

1-6-5: Interest In Contracts Prohibited; Exceptions

1-6-6: Incompatible Service; Confidential Information

1-6-7: Personal Or Private Interests

1-6-8: False Charge Of Misconduct (Rep. by Ord. 5157)

1-6-9: Penalty

1-6-1 DECLARATION OF PURPOSE:

It is hereby recognized and established that high moral and ethical standards among City officials are vital and essential to provide unbiased, open and honest conduct within all phases and levels of government; that a code of ethics is a helpful aid in guiding City officials and to eliminate actual conflicts of interest in public office and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Renton in their local government.

1-6-2 DEFINITIONS:

For the purpose of this Chapter:

CANDIDATE: Any individual who declares himself to be a candidate for an elective office and who, if elected thereto, would meet the definition of a public official hereinabove set forth.

COMPENSATION: Anything of economic value, however designated, which is paid, loaned, advanced, granted, transferred, or to be paid, loaned, advanced, granted or transferred for or in consideration of personal services to any person.

CONTRACT: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing.

CONTRACTING PARTY: Any person, partnership, association, cooperative, corporation, whether for profit or otherwise or other business entity which is a party to a contract with a municipality.

PUBLIC OFFICIAL: All of the elected City officials, together with all appointed officers including their deputies and assistants of such an officer who determine or are authorized to determine policy making decisions within their respective department or office, including appointive members of all municipal boards, commissions and agencies and whose appointment has been made by the Mayor and confirmed by the City Council. (Ord. 2586, 9-28-70)

1-6-3 STATEMENT OF EXPENSE OF CANDIDATE:

A.  Primary Election: Every candidate for nomination at a primary election within the City shall, no later than the tenth day of the first month after the holding of such primary election at which he/she is a candidate, file an itemized statement in writing, duly sworn to as to its correctness, with the City Clerk setting forth each sum of money and item of value, or any consideration whatever, contributed, paid, advanced, promised or rendered to him/her or furnished or given to others for the benefit of such candidate and with his/her knowledge or acquiescence for the purpose of securing or influencing, or in any way affecting his/her nomination to said office. Such statement shall set forth in detail the sums or other considerations so paid to him/her, together with the name and address of the donor, and such statement shall also set forth the nature, kind and character of the expense for which such sums were expended separately, including the name and address of the payee and the purpose for each disbursement. Such statement shall likewise include any sum or other consideration as hereinabove stated, promised but not yet paid or received. In the event any such payments, services or other item of value are made to other persons on behalf of or for the benefit of such candidate, then any such information, when ascertainable, shall be furnished to such candidate and be included in any such statement or report. Cash contributions, services or anything

      else of value amounting to twenty five dollars ($25.00) or less are exempt from the provision of this Section in requiring the reporting of such individual contributions or services; provided, however, that every such candidate shall report the full and total amount of all contributions, services or anything else of value contributed or paid to him/her or on his/her behalf, whether such individual amount is twenty five dollars, ($25.00) or less or in excess thereof.

The filing of a duplicate copy of the completed public disclosure form with the City Clerk, as required by the State of Washington, will satisfy the requirements of this subsection.

B.  General Election: The provisions of the immediately preceding paragraph governing primary elections shall likewise apply to any general election within the City and every such candidate, whether he/she is successful or not, shall file such statement or report as hereinabove set forth, and such filing to be made no later than the tenth day of the first month after the holding of such general election at which he/she is a candidate. Each such candidate is further required to file supplementary statements containing in equal detail any additional contributions of whatever type or nature in excess of twenty five dollars ($25.00), including but not limiting it to, proceeds from any fund raising dinners, meetings, parties or like arrangements, whether conducted prior or subsequent to any such election, and such supplemental statements to be filed not later than ninety (90) days after such general election.

Each such statement as hereinabove defined when so filed shall immediately be subject to the inspection and examination of any elector and shall be and become a part of the public records of the City of Renton. Any violation of this subsection shall be and constitute a misdemeanor and shall be punishable as hereinafter set forth.

The filing of a duplicate copy of the completed public disclosure form with the City Clerk, as required by the State of Washington, will satisfy the requirements of this subsection. (Ord. 4315, 6-10-91)

1-6-4 ACCEPTANCE OF GIFTS:

No public official shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person if such public official has reason to believe the donor would not grant or give such gift, gratuity, or favor, but for such public official’s office or position within the City of Renton.

No public official shall receive, accept, take, seek, or solicit, whether directly or indirectly, anything of economic value as a gift, gratuity, or favor, from any person or from any officer or director of such person if such public official has reason to believe such person:

A.  Has, or is seeking to obtain contractual or other business or financial relationship with the City of Renton; or

B.  Conducts operations or activities which are regulated by the City Council, its committees or any board or commission of the City of Renton; or

C.  Has interests which may be substantially affected by such public official’s performance or nonperformance of his or her official duty.

1-6-5 INTEREST IN CONTRACTS PROHIBITED; EXCEPTIONS:

No public official shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of such public official, in whole or in substantial part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. Remote Interest: A public official shall not be deemed to be interested in a contract as specified in the immediately preceding paragraph if he has only a remote interest in the contract and if the fact and extent of such interest is disclosed to the governing body of the City of Renton of which he is a member and noted in the official minutes or similar records of the City prior to the consummation of the contract, and thereafter the governing body authorizes, approves or ratifies the contract in good faith by a vote of its membership sufficient for the purpose without counting the vote or votes of the public official having a remote interest therein.

As used in this Section “remote interest” means:

A.  That of a nonsalaried officer of a nonprofit corporation;

B.  That of an employee or agent of contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary;

C.  That of the landlord or tenant of a contracting party;

D.  That of a holder of less than one percent (1%) of the shares of a corporation or cooperative which is a contracting party.

None of the provisions of this Section shall be applicable to any public official interested in a contract, though his interest be only remote as hereinabove defined, who influences or attempts to influence, any other public official of the City of which he is an officer to enter into such contract.

Any contract made in violation of the above provisions shall be void and as otherwise provided in RCW 42.23.050 and the provisions thereof being expressly incorporated herein as if fully set forth.

1-6-6 INCOMPATIBLE SERVICE; CONFIDENTIAL INFORMATION:

No elected public official shall engage in or accept private employment or render services for any person or engage in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of his official duties as such elected official, or when it would require or induce him to disclose confidential information acquired by him by reason of his official position. No such official shall disclose confidential information gained by reason of his official position, nor shall he otherwise use such information for his personal gain or benefit.

1-6-7 PERSONAL OR PRIVATE INTERESTS:

Every elected public official who has a financial or other private or personal interest in any ordinance, resolution, contract, proceeding, or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, on the records of the official Council minutes, the nature and extent of such personal or private interest and same shall be incorporated in the official minutes of the City Council proceedings. Such disclosure shall include, but not be limited to, the following information which shall be submitted in writing by such Councilman, sworn to under penalty of perjury, to-wit:

A.  The name and address of any private business corporation, firm or enterprise affected by such councilmanic action of which the Councilman or other elected public official is or has been during the preceding twelve (12) months a shareholder, bond holder, secured creditor, partner, joint entrepreneur or sole proprietor, whenever the total value of his individual or undivided legal and equitable financial interest therein is and at any time during the preceding twelve (12) months has been in excess of one thousand five hundred dollars ($1,500.00).

B.  The name of any such private business or corporation, firm or enterprise of which such elected public official or his relatives are or have been during the preceding twelve (12) months as officer, director, partner, attorney, agent, or employee, who, for services rendered during such preceding twelve (12) months or to be rendered in any such capacity, has received or has been promised compensation in excess of one thousand five hundred dollars ($1,500.00).

C.  Every office or directorship held by such elected public official or his spouse in any corporation, partnership, sole proprietorship or like business enterprise, which conducts its business activities within the boundaries of the Renton School District and which is subject to any regulation or control by the City of Renton, and from which such elected public official has received compensation or has been promised compensation during the preceding twelve (12) month period in excess of one thousand five hundred dollars ($1,500.00), or services; or any other thing of value in excess of said amount.

D.  A list containing a correct legal description of any and all real property located within the City limits of Renton in which any such elected public official has any interest whatsoever, as owner, purchaser, optionee, optionor, or any other proprietary interest, acquired during the preceding twelve (12) month period whenever such proprietary interest is in

      excess of one thousand five hundred dollars ($1,500.00). This subsection shall not apply to the residence home of such official.

The foregoing provisions shall not apply to policies of life insurance issued to such public official or his spouse or members of his family, accounts in any commercial bank, savings and loan association or credit unions, or similar financial institutions subject to regulation by the State of Washington or any other governmental agency having jurisdiction thereover.

Any such elected public official who is disqualified by reason of such personal, private or similar conflict of interest in any matter as hereinabove defined, shall, after having made the required disclosure as herein set forth, remove himself from his customary seat during such debate and, by permission of the presiding officer, leave the Council chamber until such time as the matter at hand, from which such public official has been disqualified, has been disposed of in the regular course of business.

1-6-8 FALSE CHARGE OF MISCONDUCT:

(Rep. by Ord. 5157, 9-26-05)

1-6-9 PENALTY:

Any person who wilfully, knowingly and intentionally violates any provisions of this Ordinance, shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined in a sum not exceeding five hundred dollars ($500.00) or be committed to jail for a period not exceeding ninety (90) days, or be penalized by both such fine and imprisonment; in addition to the foregoing, any public official found guilty of any violation of this Ordinance shall forfeit any right to his office, whether elective or appointive, as may be determined by the court at the time sentence is imposed upon such public official. (Ord. 2586, 9-28-70)

CHAPTER 7
REPRESENTATIVES TO LEGISLATIVE AND ADMINISTRATIVE BODIES

SECTION:

1-7-1: Legislative Service Necessary

1-7-2: City Employees Designated

1-7-3: Duty, Authority Of Representative

1-7-4: Compensation Of Representative

1-7-5: Expenditures From City Funds

1-7-6: State And City Regulations Enforced

1-7-1 LEGISLATIVE SERVICE NECESSARY:

It is hereby determined by the City Council of the City of Renton that the study and collection of information, data and opinions of the administrative and enforcement efficiency and costs attendant therewith, and the societal effects of proposed, pending or enacted legislation is necessary and desirable for legislative planning or revision. A prompt, informative response to inquiries from legislators and public administrators, and attendance at legislative committee hearings relating to the effect of legislation on municipal finances, services, authority and planning is necessary and helpful to the legislator in the enlightened performance of the legislative function and serves the best interests of the citizens and the public, and is hereby declared a proper municipal purpose.

1-7-2 CITY EMPLOYEES DESIGNATED:

The Mayor is hereby authorized to designate City employees or representatives from time to time to collect, accumulate and analyze information concerning the effect of enacted legislation or the anticipated effect of proposed or pending legislation, to consult with employees or representatives of other municipalities or counties and associations thereof; to respond and provide data and information and give testimony to members of the State Legislature, its legislative committees, State and regional administrative officers, or other municipalities investigating the City’s experience or anticipated costs, benefits or problems from such enacted or proposed legislation.

1-7-3 DUTY, AUTHORITY OF REPRESENTATIVE:

In all matters in which an official, staff employee or other representative appears on behalf of the City, such representative shall observe, carry out or support the known relevant policies as declared by the Renton City Council and shall consult the Mayor and/or the City Council for advice and guidance when required. All such informational activities shall be conducted with prudence and good judgment and within all legal regulation of such activity. Such representative shall not have any authority to make any statements, commitments or promises binding upon the City, but may speak to influence the passage, defeat or amendment of legislation affecting the City in accordance with the policy or position approved by the City Council.

1-7-4 COMPENSATION OF REPRESENTATIVE:

While engaged in such informational, educational and testimonial activity, a City employee shall continue to receive his or her regular current salary as such City employee. No additional compensation of any type shall be paid or accrue to an elected official during his or her term of office with the City for such research, informational or lobbying services to the City. An employee or official shall receive reimbursement for the reasonable costs of travel, lodging and personal meals reasonably incurred in the course of such service in accordance with the City’s regular policies and rates as established by ordinance.

Whenever such official, staff employee, or other representative appears on behalf of the City before any such legislative or administrative body as hereinabove specified, he shall thereafter make a report in writing addressed to the Mayor and City Council summarizing his testimony or other activity, together with copies of any written memoranda or briefs submitted to such agency.

1-7-5 EXPENDITURES FROM CITY FUNDS:

No expenditures from City

funds for the hosting, entertainment or campaign assistance of any legislator or State officer shall be authorized, expended or reimbursed at any time.

1-7-6 STATE AND CITY REGULATIONS ENFORCED:

The City’s employee or representative in such informational or lobbying activities shall comply fully with all State and City regulations relating to ethical practices and conduct, and comply with all regulations relating to the reporting of expenditures in connection therewith. (Ord. 3014, 3-1-76, eff. 3-10-76)

CHAPTER 8
HOLIDAYS

SECTION:

1-8-1: Establishing Legal Holidays

1-8-1 ESTABLISHING LEGAL HOLIDAYS:

A.  The following are hereby declared and established as legal holidays in the City and recognized as such legal holidays for the employees of the City, without loss of pay:

1.   The first day of January, commonly called New Year’s Day.

2.   The last Monday in May, commonly known as Memorial Day.

3.   The fourth day of July, being the anniversary of the Declaration of Independence.

4.   The first Monday in September, to be known as Labor Day.

5.   The eleventh day of November, to be known as Veterans’ Day.

6.   The fourth Thursday in November, to be known as Thanksgiving Day.

7.   The day immediately following Thanksgiving Day.

8.   The twenty fifth of December, commonly called Christmas Day.

9.   The day before Christmas shall be a holiday for City employees when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday for City employees when Christmas day occurs on a Monday, Wednesday or Thursday. When Christmas Day falls on a Saturday, the preceding Thursday and Friday shall be holidays for City employees. When Christmas Day falls on a Sunday, the following Monday and Tuesday shall be holidays for City employees.

B.  Nothing in this Section shall have the effect of adding or deleting the number of paid holidays provided for in any existing bargaining agreements between the City and its employees.

C.  If any of the above specified State legal holidays are also Federal legal holidays but observed on different dates, only the State legal holidays shall be recognized as a paid legal holiday for the employees of the City as hereinabove set forth.

D.  Whenever any legal holiday, other than Sunday, falls upon Sunday, the following Monday shall be a legal holiday; likewise, when any such legal holiday falls upon a Saturday, the preceding Friday shall be deemed a legal holiday. (Ord. 4435, 2-14-94)

CHAPTER 9
DEFENSE OF EMPLOYEES, OFFICERS AND VOLUNTEERS

SECTION:

1-9-1: Investigation And Defense

1-9-2: Determination Of Acts Within Scope Of Duty

1-9-3: Defense Of Claims Against Volunteers

1-9-4: Limitations And Reservations

1-9-5: Administrative Proceedings

1-9-6: Punitive Damages

1-9-7: Ratification Of Prior Acts

1-9-1 INVESTIGATION AND DEFENSE:

A.  It shall be a condition of employment of City officers and employees that in the event there is made against such officers or employees any claims and/or litigation arising from any conduct, acts or omissions of such officers or employees in the scope and course of their City employment, the Claims Administrator shall investigate, at the request of or on behalf of the officer or employee, and the City Attorney shall, where litigation is involved, investigate and defend such claims and/or litigation. If a claim be deemed a proper one, and if judgment be rendered against such officer or employee, the claim or judgment shall be paid by the City in accordance with procedures established in this Chapter for the settlement of claims and payments of judgments.

B.  As a condition of such defense and/or payment, the officers or employees shall, in the event of any incident or course of conduct giving rise to a claim for damage and/or litigation, as soon as practicable give the Risk Manager written notice thereof. Such notice shall identify the officers or employees involved and contain information with respect to time, place and circumstances thereof and the names and addresses of persons allegedly injured or otherwise damaged thereby and of available witnesses. The officer or employee shall also forward to the Risk Manager every demand, notice, summons or other process relating to any such incident or course of conduct received by him or his representative and shall cooperate with the Risk Manager and, upon request, assist in making settlements in the conduct of suits and in enforcing any claim or any right of contribution or indemnity against any person or organization who may be liable to the City because of any damage or alleged loss arising from the incident or course of conduct.

C.  The officers or employees shall attend interviews, depositions, hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses.

D.  The officers and employees shall not, except at their own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first-aid to others at the time of any incident or course of conduct giving rise to any such alleged loss or damage.

In the event any such officer or employee fails or refuses to cooperate as specified in the above proviso or elects to provide his own legal representation with respect to any such claims and/or litigation, then the provisions of this Chapter will be inapplicable and of no force and effect with respect to any such claim and/or litigation. (Ord. 4509, 4-24-95)

1-9-2 DETERMINATION OF ACTS WITHIN SCOPE OF DUTY:

The determination whether the officer or employee was acting within the scope and course of his employment by the City shall be made by his department head, and in the case of such a claim or litigation against a department head such determination shall be made by the City Attorney. (Ord. 4509, 4-24-95)

1-9-3 DEFENSE OF CLAIMS AGAINST VOLUNTEERS:

To encourage the participation of volunteers in carrying out City projects and activities for the public, the City shall appear and defend a claim or action made against a volunteer personally and pay the claim if judgment is rendered against the volunteer or a settlement is made requiring a payment from the volunteer when all of these conditions are met:

A.  The department head determines that the claim arises out of the actions or omissions of the volunteer in the scope and course of carrying out an assignment for a City project or activity or out of the actions or omissions of the volunteer in carrying out an assignment under the direction of a City officer for a joint project or activity of the City and another association or corporation;

B.  The volunteer has registered in writing with the responsible City department and has been authorized to perform the assignment or such assignments;

C.  The volunteer gives the City information about the accident or claim as soon as practicable. This includes the time, place and circumstances of the damage or injury, the persons or property involved, the extent of the injuries or damages, the names of witnesses, and other facts requested by the City Attorney; and

D.  The volunteer authorizes the City to defend the claim on his or her behalf and to represent him or her in any litigation that may arise; and the volunteer cooperates fully and assists the City in its defense. This condition includes forwarding to the City Attorney any and every demand, notice, summons or other process received which may relate to the incident or lawsuit; attending interviews, depositions, hearings and trials; assisting in securing evidence and the attendance of witnesses; filing and enforcing claims against others who may be liable; and obeying instructions of the City Attorney related to the defense of the claim.

The City’s defense of a claim made against a volunteer includes claims made against a volunteer and his or her marital community on account of the volunteer’s actions or omissions in the scope and course of carrying out a City assignment and it covers claims or lawsuits made against the City and the volunteer jointly. (Ord. 4509, 4-24-95)

1-9-4 LIMITATIONS AND RESERVATIONS:

The City’s undertakings and obligations under this Chapter are subject to these limitations and reservations:

A.  This Chapter does not apply to claims arising out of the volunteer’s use of a motor vehicle. Eligibility for City defense and payment of claims against a volunteer arising from his or her use of a motor vehicle will be determined by consideration of whether or not the use of the motor vehicle was in furtherance of the volunteer’s activities on behalf of the City. The commute to and from the voluntary activities will not be covered by this Chapter.

B.  The City’s defense of a claim and its obligation to pay a judgment or settlement shall be of no force and effect if the volunteer fails or refuses to cooperate fully and assist in the City’s defense of the claim.

C.  To the extent that the City makes payment on a claim for the benefit of the volunteer, the City will succeed to rights and claims of the volunteer against others, who may be responsible in whole or in part for the damages or injury.

D.  When the volunteer is a spouse or a member of the immediate family of a department head or the department head is disqualified or declines to make the determination contemplated by Section 1-9-3A, the City Attorney will make the determination for the City.

E.  The City Attorney may retain counsel to represent the volunteer rather than undertake the representation through the City Attorney’s office.

F.  Section 1-9-3 does not apply to prosecutions to enforce criminal or civil penalties for violations of law or City ordinances.

G.  Section 1-9-1 does not apply to, and the City shall have no obligation to defend or indemnify with respect to claims and/or litigation arising from any dishonest, fraudulent, criminal or malicious acts or omissions of officers or employees of the City.

H.  Nothing contained in this Chapter shall be constructed to modify or amend any provision of any policy of insurance wherein the City or any official or employee thereof is the named insured. In the event of any conflict between this Chapter and the provisions of any such policy of insurance, the policy provision shall be controlling; provided, however, that nothing contained in this Section shall be deemed to limit or restrict any employee’s or official’s rights to full coverage pursuant to this Chapter, it being the intention of this Section to provide complete coverage outside and beyond insurance policies which may be in effect while not compromising the terms and conditions of such policies by any conflicting provision contained in this Chapter.

I.  If a bargaining unit contract covers any of the provisions of this Chapter, all employees under such contract shall be governed by the provisions thereof, rather than by the provisions of this Chapter, and where any conflict exists between the provisions of any such contract and this Chapter, such contract shall control.

J.  Nothing in Section 1-9-1 shall preclude the City from undertaking an officer or employee’s defense under a reservation of rights. (Ord. 4509, 4-24-95)

1-9-5 ADMINISTRATIVE PROCEEDINGS:

A.  In the event there is made against any City officers or employees any administrative charge of misconduct which may be the subject of any proceedings before any administrative tribunal of any city, state, or Federal agency which may lead to the administrative imposition of a monetary penalty, the making of any recommendation regarding the City employment of the officer or employee, or the imposition of any discipline or sanction related to a professional license, the officer or employee shall be entitled to request that the City investigate and defend the officer or employee in such administrative proceedings. The request for investigation and defense shall be made to Risk Management. Thereafter, the Risk Manager in consultation with the City Attorney shall, after receiving a report and recommendation regarding the request from the relevant department head, make a determination as to whether it would be in the City’s interest and in the interest of justice for the City to provide investigation and defense for the officer or employee in such administrative proceedings, including any judicial review of such proceeding. There shall be no appeal from such determinations. If the determination is made that the City will defend in administrative proceedings the City will indemnify the officer or employee with respect to any monetary penalty imposed.

B.  In general, defense will not be provided for such things as WISHA citations, unemployment claims or collective bargaining disputes. Defense may be provided in those areas where the defense is deemed merited and the charge affects the employee’s licensing or questions the employee’s professional judgment. (Ord. 4509, 4-24-95)

1-9-6 PUNITIVE DAMAGES:

When an officer or employee of the City will be represented in a claim and/or litigation by the City pursuant to Section 1-9-1, and there is a claim made against such officer or employee for punitive damages, the officer or employee may make a request to the Mayor that the City pay any award of punitive damages on behalf of the officer or employee. Upon receiving a request made by or on behalf of a City officer or employee that the City should pay any award of punitive damages, the Mayor shall receive a report and recommendation from the officer or employee’s department head. Following receipt of the report and recommendation of the relevant department head, the Mayor shall determine whether the best interests of the City and justice will be served by payment by the City of any award for punitive damages, from which determination there shall be no appeal. The Mayor shall communicate his determination with respect to the officer or employee’s request that the City pay the award of punitive damages to the officer or employee and to the City Attorney. Thereafter, the City Attorney shall authorize payment of any punitive damages award or decline to pay any punitive damages award, in conformity with the Mayor’s determination. (Ord. 4509, 4-24-95)

1-9-7 RATIFICATION OF PRIOR ACTS:

Any acts consistent with the authority and prior to the effective date hereof are hereby ratified and confirmed. (Ord. 4509, 4-24-95)