HomeMy WebLinkAbout02/12/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
FEBRUARY 12, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at the
request of a Council member.
NONE
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
ORDINANCES
A. Ordinance #4583 (Second Reading) Declaring
A Nuisance For Frequent Criminal Activity At
A Residence And Abating The Nuisance
B. Ordinance #4584 (Second Reading) Regarding
Vegetation Control
C. Ordinance #4585 (Second Reading) Amendment
Of Housing Code
D. Ordinance #4586 (Second Reading) Recovery Of
Indirect Costs Of Abatement Actions
Ordinance #4587 (Second Reading) Declaring
Graffiti A Nuisance And Establishing Abatement
Procedures
#AB97-025 I
#AB97-026 ~
#A 97-0 .9 lO
AGENDA BILL
BREMERTON CITY COUNCIL
Ordinance Declaring a Nuisance
for Frequent Criminal Activity
at a Residence and Abating the
Nuisance
FOR AGENDA OF:-J~nu~ __, 1997
ORIGINATING DEPT: Executive
ORIGINATOR: Ian R. Sievers,
City Attorney
DATE SUBMITTED: January ~ , 1997
Z.~ /~~i~: (Comment on back if necessary)
V--/I I I .I
/ ~ / I~ ,'~..u~_._~-
CHIEF ~'F~PO~I C~
C0~C~~ CO~ITTEE
ENDORS~ENT ~ INFO~TION [ ] APPROVED BY COUNCIL
Proposed Ordinance
Tf~ITTAL:
SUMMARY STATEMENT ~tND REOUIREMENT FOR COUNCIL ACTION:
Using the drug house abatement statute as a model, this ordinance expands the list
of habitual criminal activity which impacts and degrades a neighborhood.
The residential unit may be vacated for up to one year for three felony
convictions or any combination of felonies, misdemeanors or infractions totaling
five in a one year period. The activity must have a connection to the residence.
8. RECOMMENDATION:
ve ~.- ............ on-f-i~$t--read-ing.
Pass Ordinance No. ~/~'~ on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
97- o25
(OVER)
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-P~SSAGE:
6. IMPACT ON ST~FFING. BUDGETS. F~CILITIESo EOUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
Abate.Ab - Agenda Disk - 1/21/97
ORDINANCE NO. ~/-f~
AN ORDINANCE declaring residences used by frequent offenders to be a public
nuisance and subject to abatement.
WHEREAS, properties with occupancy by persons involved in drug-related activity and
violent crimes creates a pattern of property use which threatens the safety and security of residential
neighborhoods, increases vehicular and pedestrian traffic, increases noise disruptive to the peace and
repose of surrounding properties, and creates frequent calls for police and fire services associated
with use of the property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New Chapter. A new Chapter ., CRIMINAL ACTIVITY
NUISANCE, is hereby added to Chapter to read as follows:
.010 NUISANCE DECLARED - AUTHORITY.
(a) Every building or unit within a building used as a dwelling by persons convicted of
offenses related to controlled substances as defined in chapter 69.50 RCW, 69.41 RCW or 69.52
RCW or public disturbance offenses which have an adverse impact on the surrounding neighborhood,
and otherwise meets the criteria of a criminal activity residence, is a public nuisance which shall be
abated under this chapter.
Co) "Public Disturbance Offenses" as used in this chapter includes, but is not limited to, any
of the following crimes:
(1) Assault in the first degree (RCW 9A.36.011);
(2) Assault in the second degree (RCW 9A.36.021);
(3) Assault in the third degree (RCW 9A36.031);
(4) Assault in the fourth degree (RCW 9A.36.041);
(5) Assault of a child in the first degree (RCW 9A.36. 120);
(6) Assault ora child in the second degree (RCW 9A.36. 130);
CRIMACTI .ORD ~ Disk 2 - 215197
(7)
(8)
(9)
(12)
(12)
(23)
(24)
(is)
(16)
(27)
(28)
(19)
(20)
(22)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
Child molestation in the first degree (RCW 9A.44.083);
Child molestation in the second degree (RCW 9A.44.086);
Child molestation in the third degree (RCW 9A.44.089);
Extortion in the first degree (RCW 9A.56.120);
Extortion in the second degree (RCW 9A. 130);
Harassment (RCW 9A.46.020);
Malicious harassment (RCW 9A.36.080);
Telephone harassment (RCW 9A.61.230);
Reckless endangerment in the first degree (RCW 9A.36.045);
Reckless endangerment in the second degree (RCW 9 A. 36.050);
Reckless endangerment in the second degree (RCW 9A.36.050);
Coercion (RCW 9A.36.070);
Burglary in the first degree (RCW 9A.52.020);
Burglary in the second degree (RCW 9A.52.030);
Criminal trespass in the first degree (RCW 9A. 52.070);
Criminal trespass in the second degree (RCW 9A.52.080);
Malicious mischief in the first degree (RCW 9A.48.070);
Malicious mischief in the second degree (RCW 9A.48.080);
Malicious mischief in the third degree (RCW 9A.48.090);
Kidnaping in the first degree (RCW 9A.40.020);
Kidnaping in the second degree (RCW 9A.40.030);
Unlawful imprisonment (RCW 9A.40.040);
CRIMACTI .ORD - Disk 2 - 215197
q
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
.(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
Indecent liberties (RCW 9A.44.100);
Rape in the first degree (R. CW 9A.44.040);
Rape in the second degree (RCW 9A.44.050);
Rape in the third degree (RCW 9A.44.060);
Rape of a child in the first degree (RCW 9A.44.073);
Rape of a child in the second degree (RCW 9A.44.076);
Rape of a child in the third degree (RCW 9A.44.079);
Residential burglary (RCW 9A.52.025);
Stalking (9A.46.110);
Violation of a temporary or permanent protective order issued pursuant to chapter
9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;
Prostitution (BMC 9.24.020);
Permitting prostitution (BMC 9.24.050);
Soliciting prostitution (BMC 9.24.060);
Drug related loitering (BMC 9.88.010);
Disorderly conduct (BMC 9A.44.020);
Lewd conduct (BMC 9A.44.070);
Unlawful disposal (BMC 6.04.050)~ and
Public disturbance noise (BMC 6.32.110).
(c) As used in this chapter, "criminal activity residence" means a building or unit within a
building occupied by a person or persons convicted under the above statutes or comparable city
ordinances of three felonies, or any combination of felonies, misdemeanors, gross misdemeanors or
CRIMACTI .ORI) - Disk 2 - 2/5197
infractions totaling five or more, within a one year period, provided said convictions have an adverse
impact on the surrounding neighborhood. The adverse impact associated with the conviction
includes, but is not limited to, unlawfully manufacturing, delivering, selling, storing or giving away
any controlled substance, legend drug or imitation controlled substances as defined in chapters 69.50,
69.41 and 69.52 RCW; arrests or searches by law enforcement personnel; police or fire response at
the premises or within I00 yards thereof, commission of any act which is an element of the offense.
(d) This chapter is enacted under authority of Art 11 § 11 of the state constitution and RCW
35.22.280(30), 7.48.155, 7.48.220 and 7.48.240.
.020 ABATEMENT ORDER - ISSUANCE - APPEAL. Upon the discovery of
a nuisance defined by this chapter, the Chief of Police or designee may issue an order of abatement:
(a) Directing the owner and person(s) in possession of the premises to abate it by closure of
the building or unit within a building against its use for any purpose and to keep it closed for a period
of one year unless released sooner as provided in this chapter; said order to take effect fourteen days
after serve and posting under section (.030).
(b) Stating that while the order of abatement remains in effect, any person entering the
building without the consent of the Chief of Police shall be charged with trespass.
(c) Describing the nature of the nuisance under this chapter, specifying a reasonable time
within which the building must be vacated and secured, and the right of the owner or occupant to
appeal to the Hearing Examiner pursuant to BMC 2.62.045. The effective date of the abatement
order shall be stayed pending administrative appeal.
.030 ABATEMENT ORDER - SERVICE - POSTING. At least fourteen days
prior to the effective date of the abatement order the Chief of Police shall post a copy of the order
CRIMAC*FI .ORD - Disk 2. 215/97
in a conspicuous place on the building or unit subject to abatement, and serve a copy on the property
owner and any person in possession of the property, if known, personally or by first class mail. Upon
the effective date, the abatement order shall be filed with the Kitsap County Auditor for recording.
040 ABATEMENT ORDER - CANCELLATION - STAY.
(a) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that the
owner of the building or unit within a building: (1) had no knowledge of the existence of the nuisance
or has been making reasonable efforts to abate the nuisance, and (2) will immediately abate any such
nuisance that may exist at the building or unit within a building and prevent it from being a nuisance
within a period of one year thereafter, the Police Chief or Hearing Examiner shall, if satisfied of the
owner's good faith, order the building or unit within a building to be delivered to the owner, and the
order of abatement shall be canceled. If an order has been entered and the owner subsequently meets
the requirements of this section, the order of abatement shall be canceled.
Co) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that: (1)
a tenant of the building or unit within a building, the tenant's household or tenant's guests are not
solely responsible for creation of the criminal activity residence nuisance, and (2) had no knowledge
ora history of occupancy of the building or building unit creating the nuisance, the effective date of
the order of abatement shall be stayed to allow sufficient time to terminate the tenancy under the
Residential Landlord Tenant Act (chapter 59.18 RCW) or a current rental or lease agreement
submitted by the landlord or tenant.
.050 NON-EXCLUSIVE REMEDY. The provisions of the Chapter relative to
the abatement of criminal activity nuisances are not exclusive, and all other rights or remedies of the
City or any citizen, including drug nuisance abatement under Chapter 7.43 RCW, are declared to
CRIMA(TFI .ORI) - Disk 2 - 2/5/97
7
remain in full force and effect.
.060 PENALTIES.
knowingly:
It shall be unlawful and a violation of this Chapter to
(a) Occupy or suffer to be occupied any building or premises ordered vacated;
(b) Fail to comply with any order issued pursuant to this Charter; or
(c) Obstruct any officer or agent of the City of Bremerton or other governmental unit in the
enforcement of this Chapter. Violation of this Chapter is a gross misdemeanor.
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
1996.
1996.
APPROVED by the City Council of the City of Bremerton this.
PASSED by the City Council of the City of Bremerton this
day of
day of
DAVID D. FARK Council President
APPROVED this~day of ,1996.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
CRIMACTI .ORD - Disk 2 - 215/97
6
DIAMOND PARKING INC.
Home Office: 3161 ELLIOTT · SEATTLE, WA 98121
(206) 284-3100 · FAX (206) 285-5598
Seattle Office: (206) 284-6303
REPLY TO: Diamond Parking Inc.
843 Sixth Street #220
Bremerton, WA 98337
(360) 373-9501
February 12, 1997
To: Bremerton City Council Members
From: Ross Allanson
City Manager
Re: Ordinance proposed for addressing more than four vehicles on residential property
I want to strongly request that you reverse your vote to fail this ordinance. The City has a
large problem with residential properties having cars parked on their lawns near the ship
yard gates. These cars are often workers who are paying the owners to park on their mud
patch. I have a problem with this practice as City code does not allow pay parking lots in
residential zones. If you change your vote and pass this ordinance it will give the City
staffa tool that it needs to more effectively enforce and clean up these unfavorable parking
lots.
As an alternative you may want to allow residence to park more than 4 or 5 vehicles if
they meet the more stringent building codes that a parking lot would require. If a resident
wants to park 10 personal cars, I will assume not as a pay lot, he will need to meet
building codes similar to other parking lots. Including drainage, hard level surface and if
needed landscape screening.
This issue as well as the parking on planting strips issue are related. They derive from
areas of the City that do not have enough parking stalls off street to meet the demand.
believe that in both cases you as the council have a responsibility to take the hard votes
against a few residence who do not want change and in favor of a safer more
environmentally responsible position that will reduce the Cities liability exposure.
I
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
,ORDINANCE No. q~_,~ Regarding
Vegetation Control
FORAGENDA OF: /~'"'-'&~u4,~ ~')/97 ~--
ORIGINATING DEPT.: Dept. of/Comm. Dev.
ORIGINATOR: D. Pratt
DATE SUBMITTED: (,,J~~,//
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Dir. of Comm. D~ A. Proposed Ordinance
City Attorney:__
, ~.,~_,~oposed ordinance
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Several neighborhoods are impacted by properties with very heavy overgrowth of
vegetation. The proposed ordinance seeks to reasonably regula~the height of
inappropriately overgrown vegetation.
8. RECOMMENDATION:
Motion to-ap~egetation-eo~trel-ordinance~f i~-st--r eaaing.
Motion to approve vegetation control 0rdinance~on second reading.
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED _ . DISAPPROVED
AMENDED
11. AGENDA BILL NO.' 9 7- O2~
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The city will continue to rely on Fire and Health Codes for enforcement of overgrown
vegetation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
No impact.
7. RESEARCH SOURCES:
agbill.ph4
/O
ORDINANCE
AN ORDINANCE declaring certain vegetation a public nuisance as a fire hazard and a
menace to public health, safety and welfare and requiring its abatement; and amending
Bremerton Municipal Code chapter 11.16.
WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard
or public nuisance and assess abatement costs as a lien against private property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Reeodifieation. Chapter 11.16 of the Bremerton Municipal Code shall be
recodified as chapter 9. 14. with section references in chapter 1 1.16 corrected to reflect the same
section in section 9.14 unless otherwise amended by this ordinance.
Section 2. New Section. A new section 9.14.005 is added to the Municipal Code to read
as follows:
.005 PURPOSE This chapter is an exercise of the City's police power to protect he public
health, safety and welfare; and to provide enforcement, abatement and collection of abatement
expenses by the City. This chapter shall be enforced for the benefit of the general public, not for
the benefit of any particular person or class of persons.
It is the intent of this chapter to place the obligation of complying with its requirements
upon the owner or occupier of land within the scope of this chapter and not to impose any duty
upon the City or any of its officers, officials or employees which would subject them to damages
in a civil action.
Section 3. Amendment. Section 11.16.010 is recodified as 9.14.010 and further
amended to read as follows:
010 REMOVAL ............. ,~o
NUISANCE DECLARED.
~ The owner of any property within the City shall remove or destroy all trees, plants,
WF_.EDS.ORD -Ordinancc Disk 2 - 2/5/97 1
I!
shrubs or vegetation, or any parts thereof, which overhang any sidewalk or street or which are
situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner
as to obstruct or impair the free and full use of the sidewalk or street, including the interruption
or interference with the clear vision of pedestrians or persons operating vehicles thereon, or
interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public
utility situate in the street.
.(b) It is unlawful and a nuisance for the owner or occupant of real property, including any
unimproved planting strips, right-of- way or similar area abutting and adjacent to such real
property to allow, continue or maintain the following vegetation:
(1) Grass and weeds exceeding twelve inches in height except in areas maintained for
domestic livestock.
(2) Shrubs. brush, vines, trees or other vegetation growing or which has grown and died;
and organic debris, which constitutes a fire hazard, or provides a harborage for rats. rodents or
horticultural pests.
(3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock,
poison sumac, nettles and nightshade.
Section 4. New Section. A new section 9.14.018 is added to the Municipal Code to read
as follows:
.018 EXEMPTIONS. The following are exempt from the application of Section .010(b):
1) Undeveloped publicly owned watershed lands.
2) Private property designated as open space land, farm and agricultural land and
timberland under Chapter 84.34 RCW and taxed at current use assessment.
WEEDS.ORD - Ordinancc Disk 2 - 21519"1
3) Wetlands and critical areas designated for protection under the Growth Management
Act, Chapter 36.07A RCW.
4) Parcels of land greater than 13000 square feet, provided the perimeter 50 feet of these
parcels must be maintained in compliance with section .010.
Section 5. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,1997.
PASSED by the City Council of the City of Bremerton this day of
., 1997.
DAVID D. FARR, Council President
APPROVED this~
day of
,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
WEEDS.ORD - Ordinance Disk 2 - 2/5/97
DEPARTMR~.NT OF COMMUNITY DEVELOPMENT
To: City Council
From: Donald L.~tt, Director of Community Development
Date:
January 24, 1997
Subject: Vegetation height control
Problem with Current Code
The City currently has only the Fire Code to require
maintenance of vegetation. In order to require property owners to
clean up undesirable, unattractive, and troublesome vegetation,
the City must find that such vegetation is a fire hazard in order
to have the situation abated. During most of the year, such
vegetation is not a fire hazard yet remains undesirable,
unattractive and troublesome - especially to the surrounding
neighborhood.
Desired Chanqe
Prohibit the existence of undesirable, unattractive and
troublesome vegetation in all areas of the City.
SDecific Remedy
Add a section to the zoning code landscape section that
prohibits vegetation which is found to be undesirable,
unattractive and troublesome. This finding along with the
proposed abatement section to be added to the zoning code would
allow the City to remedy vegetation which is a detriment to
neighborhoods.
Key Issue
One person's meadow/garden is another person's blighted
area.
disk 93.06 neat.9
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: FORAGENDA OF: /'~
ORIGINATING DEPT.: Dept. of Con~m. Dev.
[ORDINANCE NO..: Z/5 ~.j", Reg.ardinf)RIGINATOR: D. Pratt
Amendment of Housing Code DAlE SUBMIITED: ,~.J-~~-/, ~.,/qf~-
MAYOR
CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Dir. of Comm. D~,~ A. Proposed Model Code
B. Proposed amendments to
City Attorneg_: / .._ _ ~..........__..----7' Model Code
Operations Committee: ._.~~ C. Memo re amendments to Model
/ Code
Fiscal and Budget Committee< ~ ~J._~/-~.~ ~
APPROVED BY COUNCIL PI~SIDE~NT FOR ~MI~AL:
COUNCIL PRESIDENT "~-~~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current Housing Code has several characteristics which cause its use to be inefficient and ineffective
in some cases:
1 .) The code is not cross-referenced to the model building code;
2.) The code does not invoke an enforcement process.
Council is requested to replace the current Housing Code with the current International Conference of
Building Officials Model Housing Code which is coordinated and cross-referenced with the ICBO Building
and Dangerous Building Codes. Additionally, the Administration proposes to assign determination of
inadequate garbage and rubbish facilities to the Building Official rather than the health official as proposed
in the model code.
8. RECOMMENDATION:
~e-apl~E)ve.~?~,e,~ r ca,iaSc._
MOTION TO PASS ORDINANCE ~/4585, ON SECOND READING.
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: Building & Development Permits Manaqer
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
10. NOTICE OFACTION
APPROVED DISAPPROVED
11.
/5'
AMENDED
COUNCIL
AGENDA BILL NO.: 9 7-O2g
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Current Housing Code will remain in effect with no link to Dangerous Building Code for
enforcement.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
None.
7. RESEARCH SOURCES:
ICBO Uniform Housing Code.
agbill.ph2
Ordinance No.
AN ORDINANCE ADOPTING THE UNIFORM HOUSING CODE, REPEALING THE
BREMERTON HOUSING CODE, AND AMENDING CHAPTER 17.04 OF THE
BREMERTON MUNICIPAL CODE.
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 17.04.040 9 (d) of the Bremerton Municipal Code is hereby
amended to read as follows:
.040 ADDITIONAL BUILDING CODES - ADOPTION. The following codes are adopted
by reference as follows, subject to the modifications and amendments set forth in this chapter:
(d) The Uniform Housing Code (UHC 1994 Edition, as published by the International
conference of Building Officials, is adopted except Chapters 2, 3 and 11-16.
Section 2. New Section. A new section is added to chapter 17.04 of the Municipal Code to read
as follows:
.066 AMENDMENTS TO THE UHC.
(a) UHC Section 1001.2(15) is amended to read:
Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are
unsanitary. Inadequate sanitation shall include, but not be limited to, the following:
(15) Lack of adequate garbage and rubbish storage and removal of facilities as
determined by the health ~ official.
(b) UHF Section 203.2 is amended to read:
Limitations of authority. The housing advisory and appeals board shall have not authority
relative to interpretation of the administrative provisions of this code nor shall the board be
empowered to waive requirements of this code, except inadequate dwelling ceiling height and
Housin§.Ord -Ordinancc Disk 2 - 1/27/97
buildings setbacks.
APPROVED by the City Council of the City of Bremerton this
PASSED by the City Council of the City of Bremerton this __
day of ,1997.
day of , 1997.
APPROVED this
day of
DAVID FARR, Council President
,1997.
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
LYNN S. HORTON, Mayor
Housing.Ord - Ordinance Disk 2 - 1/27/97
To:
From:
Date:
Subject:
Department of Community Development Memorandum
City Council ~Q
Donald L. Pratt, Direc
January 24, 1997
Proposed amendments to model Housing Code
The Administration has held several meetings with representatives of the Puget Rental Operators
Association regarding the proposed Housing Code. The model code contains a procedure and
requirements that PROA believes are inappropriate for Bremerton. The sections of the Code which
were discussed with PROA are Chapter 2, section 203.2 (enforcement) and Chapter 10 (which
defines what constitutes a substandard building).
Chapter 10 identifies the characteristics of a substandard building. Included in this listing is the failure of
a dwelling to have all its rooms comply with the minimum ceiling height (generally 7 feet/six
inches). Also included as a characteristic of a substandard building is inadequate setbacks from
property lines. PROA argues that in some instances dwellings with ceiling height below the
minimum and setbacks less than the minimum are not problems and the code requirements should
be waived. The model code does not give this waiver authority to the Bremerton Housing Appeals
Board in Chapter 2.
The Administration agrees with PROA that the Appeals Board should have the authority to waive ceiling
height and set back requirements in certain instances. The proposed amendments to the model code
gives the Bremerton Housing Appeals Board such authority.
93.06 housing2.doc
lq
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
Recovery of indirect costs of
abatement actions.
FOR AGENDA OF: /Tc,~ 5'/, ,, ¢~'"~--
ORIGINATING DEPT.: Dept. of Comm. Dev.
ORIGINATOR: D. Pratt
DATE SUBMITTED: ,-,7&..,..,
2. CLEARANCES: (Comment on back if necessary)
Dir. of Comm. D~~
City Attorney~.,..,~____
Fiscal anC~udget ~mmittee:
ENDORSEMENT ~' INFORMATION
MAYOR ~ ,~- ~.-..
3. EXHIBITS:
A. Proposed Code Amendment
B. Memo re: need for ordinance
APPROVED BY COUNCIL PRESIDENT FOR SUBMI'Ur'AL:
COUNCIL PRESIDENT ~J~~ ~~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This ordinance is part of the Neighborhood Enforcement Action Team agenda. The
ordinance allows the city to recover more of the cost to remedy code violations than is
currently allowed. The city currently recovers only direct construction or demolition
costs. This proposal allows the city to recover indirect costs such as title reports, legal
counsel, and staff time to undertake abatements. If the ordinance is approved, a
resolution establishing fees will be brought to Council.
8. RECOMMENDATIO,N' .~ ~. ,v/-~4,'- ~f' .,../:./~Tg,,. D-~-~ .5'~-~..~,.~c7 ,/~',~ .-L./
Motior+tc/amendSection 901-of abatement of Dangerous Buildings (t994) Code to
allow-recovery of-indirect abatement co~:
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMI
11. AGENDA BILL NO.: ~'- O,~.?
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Current Code will remain in effect allowing costs for direct physical actions only to be
collected.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Increased revenue may be directed to fund enforcement activities or returned to general fund.
The Department will make a budget proposal to allocate these funds to support enforcement
activities.
7. RESEARCH SOURCES:
ICBO Uniform Housing Code.
agbill.ph3
ORDINANCE NO.~
An ordinance amending regulations of unfit buildings and premises including
abatement and recovery of abatement costs; and amending BMC 17.04.065.
Whereas, Chapter 35.80 RCW includes abatement and priority liens for costs associated with
abatement of unfit structures and premises which are more inclusive than the Uniform Code For
the Abatement of Dangerous Buildings, and should be adopted by the City; now therefore
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 17.04.065 of the Bremerton Municipal Code is hereby
amended to read as follows:
.065 AMENDMENTS TO THE DBC.
(a) DBC Sec. 102.1 Purpose shall be amended to read as follows:
102.1 Purpose. It is the purpose of this code to provide a just, equitable and
practicable method, to be cumulative with and in addition to any other remedy provided by the
Building code, Housing Code or otherwise available by law, whereby buildings or structures
which from any cause endanger the life, limb, health, morals, property, safety or welfare of the
general public or their occupants may be required to be repaired, vacated or demolished.
It is hereby found that there exists within the City dwellings which are unfit for
human habitation, and buildings structures, and premises or portion~ 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 this City.
The purpose of this code is not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by the
terms of this code.
(b) DBC Sec. 302 is amended to read as follows:
-~,,-~,,,_,,'.,,~,~o ,_,,_,,,_,~,,, ~rG UNLIT BUILDINGS AND PREMISES
For the purpose of this code, any building, or structure or premises which has any
or all of the conditions or defects hereinafter described shall be deemed to be a-dangvmns an unfit
building or premises, provided that such conditions or defects exist to the extent that the life,
health, property or safety of the public or its occupants are endangered:
15 Whenever any building_, or structure or oremises, - ] v, .,[~.uCu [~, be
--seal for d,~¢llhig Ou~oa¢$,because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation facinties, accumui~ition Of
DBCODE. ORD - Disk 2 - 11/12/96
garbage or refuse, or otherwise, is determined by the building officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease to the
occupants, occupants of neighboring dwellings or other residents of the city, When a structure or
premises is declared unfit under this subsection, repair as used in the DB(~ shall include removal
of the condition.
(c) Section 901 - Account of Expense, filing of Report is amended to
read as follows:
The director of public works shall keep an itemized account of the expense
incurred by this jurisdiction in the repair or demolition of any building or premised done pursuant
to the provisions of Section 701.3, Item 3, of this code, the cost of vacation and closing a building
under 403 and the administrative costs incidental to abatement as set by council resolution. Upon
the completion of the work or repair, removal or demolition, said director shall prepare and file
with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of
the work including administrative charge, a description of the real property upon which the
building or structure or condition is or was located, and the names and addresses of the persons
entitled to notice pursuant to Section 401.3.
APPROVED by the City Council of the City of Bremerton this __ day of
,1996.
PASSED by the City Council of the City of Bremerton this __
day of ,1996.
DAVID FARK Council President
APPROVED this
~day of
,1996.
ATTEST:
LYNN HORTON, Mayor
KATHI.EEN McCLUSKEY, City Clerk
DBCODE. ORD - Diak 2 - 11/12./96
2
Ordinanc~ D~claring Graffiti a
Nuisance and Establishing
Abatement Procedures
AGENDA BILL
BREMERTON CITY COUNCIL ~ f / ~ - g 7
FOR AGENDA OF: ~ __, 1997
ORIGINATING DEPT: Executive
ORIGINATOR: Ian R. Sievers,
City Attorney
DATE SUBMITTED: January ~ , 1997
Z. /~~_: (Comment on back if
C~IEF OF PO~.iCE
DIRECTOR OF COMMUNITY DEVELOPMENT
necessary)
Proposed Ordinance
ENDORSEMENT ~)~ INF%RM~,TION []
APPROVED BY COUNCIL PRES~IDEN~ ~~BMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
This ordinance declares any writing or graphic, which defaces structures and other
surfaces, to be a public nuisance which is a blight on surrounding properties.
This ordinance allows abatement by the City if the owner fails to act after
notice.
8. RECOMMENDATION:
AppT~ge oroinaTfc~-lTo~--~-- o--~--~l--f~t~re~d~ng.
Pass Ordinance No. z?~-g'7 on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED []' DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
7-o3o
(OVER)
2. CLEARANCE COMMENTS=
5. IMPACT OF NON-PASSAGE=
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES=
?. RESEARCH SOURCES=
Graffiti.Ab - Agenda Disk - 1/21/97
ORDINANCE NO. z/',2~? 7
AN ORDINANCE declaring the presence of graffiti a public nuisance and requiring its
abatement.
WHEREAS, graffiti on public and private property blights neighborhoods by decreasing
property values, and intimidating and threatening those who live and work in the area by declaring
gang activity or a likelihood of further vandalism; now, therefore,
TI~E CITY OF BREMERTON DOES ORDAIN:
Section 1. New Chapter. A new chapter, 9.90 is added to the Bremerton Municipal Code to
read as follows:
.010 Graffiti -Definition. "Graffiti" as used in this chapter means the writing, drawing, or
script located on buildings, walls, fences, windows, signs or other open printable spaces which
damages or defaces the structure or other surface and which is visible from any public fight-of-
way or public property.
.020 Graffiti - Nuisance Declared - Notice of Removal.
(1) Graffiti is declared to be a public nuisance and subject to abatement.
(2) Whenever the official charged with enforcing the City Building Code or his/her
designated representative, determines that graffiti exists on any public or private buildings,
structures, and places which are visible from any public right-of-way or public property, and
weather permits the painting of exterior surfaces, the official shall cause a notice to be issued to
abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice
to remove the graffiti or the same will be subject to abatement by the City.
(3) The notice to abate pursuant to this section shall be served upon the owner(s) of the
affected premises, as such owners' name and address appears on the last property tax assessment
roles of Kitsap County, Washington, as well as the occupant of the property if known. If there is
no known address for the owner, the notice shall be sent in care of the property address. Service
may be by personal service, or registered and first class mail.
.030 Appeal. Within seven (7) ~ alsys fi~m the mailing or from personal service of the
notice to remove the owner or person occupying or controlling the premises affected may appeal
the notice of abatement to the Hearing Examiner under procedures of BMC 2.62.045. Filing of
an appeal will stay actions by the city to abate the graffiti nuisance during the pendency of the
appeal.
.040 Removal by the City. Upon failure of the owner or occupant to comply with the
notice to abate by the designated date, or such continued date thereafter as the police Chief or
his/her designated representative approves, then the City or its private contractor is authorized to
enter upon the premises to abate the graffiti. All reasonable efforts to minimize damage from such
entry shall be taken, and any paint used to obliterate or cover graffiti shall be as close as
practicable to background color(s) and the areas repainted shall be the minimum required to
obliterate the graffiti.
APPROVED by the City Council of the City of Bremerton this day of .,
1997.
1997.
PASSED by the City Council of the City of Bremerton this __
day of
APPROVED this~
DAVID FARR, Council President
day of , 1997.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
GRAFFITI.ORD - D1SK 2 - 2/6/97
27