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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