Chapter 1-3 REMEDIES AND PENALTIES

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)

(23) Violations of surface and storm water drainage standards and regulations, Chapter 4-6 RMC. (Ord. 5478, 8-3-2009)

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.