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HomeMy WebLinkAbout5147 ORDINANCE NO. 514 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 6 02 of the Bremerton Municipal Code entitled "Solid Waste Management ", recodifpng certain chapters of the code from Title 9 entitled "Peace, Safety and Morals" to Title 6 entitled "Health and Sanitation" and further making certain amendments to these chapters. WHEREAS, the City Council desires to reorganize certain chapters of the Bremerton Municipal Code relating to public nuisances, dunk vehicles, nuisance vegetation and graffiti by recodifying these chapters from Title 9 entitled "Peace, Safety and Morals" to Title 6 entitled "Health and Sanitation" and further make amendments to the provisions of these chapters regarding enforcement and other matters, and WHEREAS, as part of this reorganization, the City Council also desires to repeal Chapter 6 02 of the Bremerton Municipal Code entitled "Solid Waste Management" since this chapter is no longer applicable to the administration of solid waste services in the City, and amend BMC 2 62 045 to remove Jurisdiction of appeals of administrative decisions from the Municipal Court Hearing Examiner as it relates to the chapters of Title 6 of the Bremerton Municipal Code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 6 02 of the Bremerton Municipal Code entitled "Solid Waste Management" is hereby repealed in its entirety CHAPTER 6.02 SOLID WASTE MANAGEMEN-T This ehapter- estabitshes all selid waste r-egulattens, sei-. , tee levels, and types of sen seltd waste - 6.02.0 SOLID WASTE STE nr ANNING The City of Br-emeAen will jointly paAieipate in a Comprehenswe Solid Waste > Pfevtded, howevef, That the City does abrogate any ef its powers te r-egulate levels and types of sen within the eer-per-ate hmtts ef the GAY Appr-eval by the City Getmet! shall be r-eqtttr-ed before the Kitsap Count) Regional Plan together- with affleadments and suppertmg plans, will have afty for-ee and effeet withl 1 Code Enforcement — Health and Sanitation the Iauaa be pa sse d by � im 6. 02 . 030 SO MD WASTE GOALS ,1 en g order- as a<.pheable ! 1 1 Wa D e pr-efeffed method (3) Sepafa4ed waste (b) it is the City ef ' at l east a 50 - 1 ,4� r 1+ 995 elo with tl� r,t must atte J 1 a -p 1 D TjT7 plo a to IL t 1L� must uLL to ak v Plan 6.02.100 SOLID WASTE COMMITTEE ESTABLISHED. There is established a Solid Waste Adviser-y CemmAtee fespenstble fer- advising the Mayef and City Geunet! en selid waste management and sen it shall r-eeeffifliefid th fnest equitable means ef pr-evtdtng these serytees These sen shall suppei4 envir-efffn p r-effiete the health stfeam and feey 1 t al Th r,. ,tta shall r-eeemm tl e d s a e a e I11<L11V <LJ Li11lL l./ V y� to � eentr-aets- f er- th CAy's solid waste 6.0 MEMBERSHIP DSHIP AND TERMS O OFFICE Qrry vr D 1.1 W or k s P Utilities D ir- ea d esignee (1 ) er- vim and ebacm ffem r- pr esenta Ives : f Wa State D ep aA ffle t of E y B ermeAen Kicsap Co'a'n of Heal Washingten Waste Management Asseetatte 2 Code Enforcement — Health and Sanitation Chatf 6. 02 . 120 MEETINGS The Committee AM! fneet -as drfeeted by h Th M, yef AM! p SECTION Z Chapter 9 16 entitled "Public Nuisances" is hereby recodified to Chapter 6 02 and is further amended as follows Chapter X6 6.02 PUBLIC NUISANCES X6 PROHIBITED CONDUCT. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared to BMC 9-46 02 020 to be a public nuisance As used herein, public nuisance means a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal 9.6 TYPES OF NUISANCES. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Chapter - 104 BMC, Code Enforcement (a) Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any of the following disorderly, disturbing, unsanitary, fly - producing, rat - harboring, disease - causing places, conditions or things (1) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity, the carcass of any animal, manure, human urine and /or excrement, decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or offensive animal or vegetable matter, but nothing herein shall prevent the temporary retention of waste in approved appropriate covered receptacles, or (2) Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous, or (3) An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire bric- a -brac, broken stone, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials 3 Code Enforcement — Health and Sanitation including lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or (4) Accumulation of any garbage and refuse as defined in ehapter- 6 04 BMC, or (5) Accumulation of yard trimmings, excluding properly maintained yard compost, or other matter which is offensive to a reasonable person, except for such yard debris that is properly contained for the purpose of composting and concealed so as not to affect the health, safety or depreciation of adjoining property (b) The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or (c) The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicle, appliance or machinery of any kind, or any major parts thereof, or (d) The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto, or (e) The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance (f) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes people to gather in numbers sufficient to obstruct vehicular or pedestrian traffic This subsection shall not apply to events, programs or parades authorized by the city (g) Any poisonous or harmful substance which is reasonably accessible to persons or to animals (h) Soils contaminated by dangerous waste, hazardous substances or hazardous wastes as those terms are defined in RCW 70 105 010 (1) Nuisance vegetation as defined in Chapter X4 08 BMC, 0) Lumber, wood, cardboard or other flammable material of any kind including, but not limited to, any hazardous materials or waste oil, gasoline or diesel products stored in such a manner as to constitute a fire or safety hazard (k) Scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, rope, rags, or plastic, (1) The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings or lots more than forty -five (45) days after the building becomes vacant or event or purpose for which the sign or structure was erected has passed, (m) Buildings or structures which are abandoned, vandalized, partially destroyed, or permitted to remain in a state of partial construction or partial demolition in such a state as to constitute an attractive nuisance, 4 Code Enforcement — Health and Sanitation (n) The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows to secure the structure from unauthorized entry, (o) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing or giving away any controlled substance as defined in Chapter 69 50 RCW, legend drug as defined in Chapter 69 41 RCW, or imitation controlled substance as defined in Chapter 69 52 RCW, and every building or unit within a building wherein or upon which such acts take place (p) Unprotected and /or hazardous foundations and excavations, (q) Land or property which because of conditions on site (whether its natural state or as a result of grading, surface water drainage or acts of nature such as earthquakes, rain, landslides, sinkholes and so forth) presents problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, including to adjacent property owners (r) The existence of any graffiti As used in this subsection, "graffiti" means the writing, drawing or script located on any public or private buildings structures places, walls, fences windows suns or other open printable spaces which damages or defaces the structure or other surface and which is visible from any public right-of-way or public property 946 AUTHORIZED ACT NOT A PUBLIC NUISANCE. No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public nuisance 946 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1 12 020(2) BMC (c) As an alternative to any other penalty provided in this chapter, pursuant to a violation of BMC 94-6 02 020(o), abatement proceedings may be instituted under Chapter 7 43 RCW SECTION 3. Chapter 9 08 entitled "Unauthorized and Junk Vehicles" is hereby repealed in its entirety and replaced with a new chapter codified as Chapter 6 06 entitled "Junk Vehicles" as follows Chapter 9.08 UNAUTHORIZED AND JUNK VEHICL 9 i1L'FINI n n means a vehiele that is subjeet to impound after- being le 5 Code Enforcement — Health and Sanitation !1 \ ANb .. ,ehtele is „l eet t r .,1 by a ef'fiAOr under RGW 46 CC 113 T me d.,.t e l y (2) Lawfully p o .. highway or p. bhely e r o �+ !2\ i T«1.,...f,11.. p on „ 1,,..1... ay o publ,et e cane r e A y o f in ,d.„,. „,.r mg f;. E ilTttes an tagge as desenb2d -tf3 -BMG n no 020 24 hews- (4) (1) On r s.dont r pet , i me d.atolu (2) On pfiva ., os.d .. ro.t., «. erl., p un - RGW 46 55 113 immediately (3) O n pnvate os,d t...l r p ert.. , r e stud 24 h etif n 9.08.020 PUBLIC IMPOUND PROCEDURES-. ( A 1.,.., en f r..o.. e t o f e er diseeyefing a n ,.tt dod ye h t ela o r_. u nk ye h i ,.lo en the highway or- on pubitely ewned > > thm has (1) The date and titne the sttekef was attaehed, C \ Th ,do«t.t y of the „ i ssuin g th net, e, !2 \ A statement th if t .. h e h te l o . n et r o od w i th in th t tfne h seetten 1? > eemmeneing f fein th t th > the vehiele may be taken, (4) The addfess and telephene number- where addittenal infetinatten Ina be 7 D 08 030 PRIVATE iAiiD/lUND 9.08.040 NOTICE TO LEGAL AND REGISTERED OWNERS. ! i th ,. tl,, raze ,.ol..,.l r.dd fr x,..1,1.., r. r.orty, th o of an . „o , o � > th e tffipeun t ewing ope 6 Code Enforcement — Health and Sanitation Y. - 1 11-Mil-flZ 1A I Y. Y_ - In i legal owner ef thevehiele, no abatement aetten shall be eeffffneneed sooner- than twenty days beense number of the vehiele if available, an e desembing tn detail the damage or- fRissin equipment- (e) "junk Vebtele" means a meter-vehtele whieh meets eA least fl-&ee ef following r-eqtttr-ements- (1 ) in dwee yee old r- older-, wheels (2) is extenstvely damaged, stieh damage ineluding btit not limited to an > motor- e (3) is a . o ' le n no non NOTICE OF HEA RING ; RING (a) A nettee shall be sent by eeAtfied mail to the last fegister-ed owner- of r-eeer-d - will be r emov ed the ewner- of the land as shewn en the last equAzed assessfnen4 r-ell and te the last registered afe t avai t .1 t a.m ow ne r-ship o v.. .a... w.. 9.08.080 ABATEMENT HEARING (a) The owner- ef the land on whieh dievehiele is leeated may appear in per-so before the heafing exammer or- present a wFiRen statemen4 m time for- eensider-atten at th heafing the denteA if it is detefnitned a4 the heafing that the vehiele was plaeed on the land witheut the eensen4 of the landowner- and that he has made timely e&fts te femeve the vehtele after nettee, then the Ctty shall not assess eests of administration ef femeval of thevehiele agatns4 th e l ____ _ ___ ' ri_______7_ 7 ' ._ il_ h has bee o s t .1 l�, V 1 l l .. .s Moto a nt tl,o fiHied to make timely effeAs to remove the vehtele, the eests shall be assessed against th landewnef and shall be paid te the Reastwer within 30 days of the heafing and if delinquent, shall be filed as a garbage eelleetten and disposa4 hen en the pr-epeAy Deetstens at the admintst-r-eAwe heafing may be appealed to the Kitsap County f it l U 1J111ta LVtR4 for- judgmepA 8 Code Enforcement — Health and Sanitation or- paFt thereof that is ster-ed or- parked in a lawful mannef on pfivate in eenfleetten t o RCW 46 80 130 b, 11 t b „l eet to ab ( Aft ne of in t o a bate and afte llt ML f., re has bee- v AA e l e Y .-t tb, s h a ll .,t b oa the 1 t tb T2 lt e �t , P e l tee D Y . t „t or- has been wr-eeked L D 08 TRUCK TOW TDCK OPE A TO COMPLIANCE MAT-14 REGULAT A ny r t un 1 t t .,.rb, t the !`,r., for rb, " - - - impo unding of .,ob..,.les an d g ve as re b D ( J b, W Ch Y r pr- A 6 55 1 v t .a b y the C tb,o v a or d ir-ee t er- o f th e .,..t \17 b, b .. ., r State Tlo„ meiA of M V Chapter 6.06 JUNK VEHICLES 6.06.010 PURPOSE. The purpose of this chapter is to preserve the character and safety of the crty's neighborhoods by eliminating as nuisances dunk vehicles from pnvate property, and to provide procedures for the removal of junk vehicles as authonzed by RCW 46 55 240 6.06.020 DEFINITIONS. For the purposes of this chapter, the following words shall have the following meaning Director means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the Mayor to enforce this chapter including assigned code enforcement officials Junk vehicle means a vehicle meeting at least three (3) of the following requirements (RCW 46 55 010(4)) (a) Is three (3) years old or older, (b) Is extensively damaged such damage including but not limited to any of the following_ A broken window or windshield or missing wheels tires motor or transmission, (c) Is apparently inoperable, (d) Has an approximate fair market value equal only to the approximate value of the scrap in it Landowner means an owner of pnvate propelly, or a person in possession or control of pnvate property 6.06.030 PUBLIC NUISANCE DECLARED. All dunk vehicles certified as such by a law enforcement officer or code enforcement officer desi gn a ted by the director according to RCW 46 55 230 and found on pnvate property are declared to constitute a public nuisance subject to removal impoundment and disposal It 9 Code Enforcement - Health and Sanitation is unlawful for any individual firm entity or corporation to allow, cause to allow or place a dunk vehicle on any premises 6.06.040 EXEMPTIONS. (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or (b) A vehicle or thereof which is stored or parked in a lawful manner on pnvate property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to o the provisions of RCW 46 80 130 6.06.050 ABATEMENT AND REMOVAL OF JUNK VEHICLES ON PRIVATE PROPERTY. (a) Voluntary correction Whenever the code enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle's registered owner (b) Issuance of notice of cavil violation If the code compliance officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of civil violation to the landowner of record and the vehicle's last registered owner of record in accordance with the provisions of BMC 104 040 (c) Content For violations of this chapter, the notice of civil violation shall contain the following information 1 The name and address of the landowner of record upon whose property the vehicle is located, 2 The name and address of the vehicle's last registered owner of record provided license or vehicle identification numbers are available, 3 The vehicle description including the license plate number and /or the vehicle identification number, the model year, the make, and the factors which render the vehicle a public nuisance, 4 The street address of a description sufficient for identification of the property where the vehicle is located, 5 The required corrective action and a date and time by which the correction must be completed, 6 The date, time and location of a heanng before the heanng examiner on the question of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least ten 00) days from the date the notice is issued, 7 A statement indicating that the heanng will be canceled and no monetary penalty will be assessed if the required corrective action is completed at the time requested for compliance pnor to the scheduled heanng, 8 A statement indicating that the city may remove, impound and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the heanng_ examiner, and 9 A statement that a monetary penalty pursuant to BMC 104 040(b) in an amount per day for each violation shall be assessed against the landowner and /or the vehicle's 10 Code Enforcement — Health and Sanitation registered owner as specified and ordered by the heanng examiner in accordance with BMC 1 04 040 (d) Service of notice The notice shall be mailed by certified mail, with a fifteen Q 5) day return receipt requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership (e) Landowner responsibihU disclaimer The landowner may appear in person at the heanng or present a wntten statementgnor to the heanng, to o deny responsibility for the vehicle's presence on the property If the heanng examiner determines that the vehicle was placed on the property without the landowner's consent and that the landowner has not subsequently acquiesced in its presence then the costs and expenses of administration removing, impounding and disposing of the vehicle shall not be assessed against the landowner or otherwise attempted to be collected from said landowner (_fl Removal by the city Pursuant to the heanng, examiner's orders, the vehicle or part thereof may be removed at the request of a law enforcement officer, the city may use lawful means to cause the vehicle to be removed from the pnvate property and disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor, with notice to the Washington State Patrol and the Washington partment of Licensing that the vehicle has been wrecked (g) Recovery of costs and expenses 1 The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46 12 650, or against the landowner of record of the property on which the vehicle is stored or both If both the owner of the vehicle and the landowner are assessed the costs of removal, then liability for the costs shall be their joint and separate obligation 2 The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to BMC 1 04 090(b) (h) Conflict of provisions The notice and related requirements of this section, BMC 6 06 050, are intended to supplement those of BMC 104 040, however, should a conflict exist, the provisions of BMC 6 06 050 shall prevail 6.06.060 VIOLATION — PENALTY. (a) Any violation of any provision of this chapter is a civil violation as provided for in Chapter 104 BMC, for which a monetary_ penalty may be assessed and abatement may be required as provided therein (b) In addition to or as an alternative to an other provided in this chapter or by law, any person who violates any provision of this chapter shall be ug_ilty of a misdemeanor pursuant to Section 1 12 020(2) BMC 6.06.070 RULES AND PROCEDURES. The applicable department director in charge of enforcement of this chapter may a� dopt such rules as may be necessary to effectively implement and administer this chapter. 11 Code Enforcement — Health and Sanitation SECTION 4. Chapter 9 14 entitled "Nuisance Vegetation" is hereby recodified to Chapter 6 08 and is further amended as follows Chapter 9:.44 NUISANCE VEGETATION 9.14.0056.08.010 PURPOSE. This chapter is an exercise of the City's police power to protect the 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 occupant or other person in control of the property 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. 9.'6.08.020 NUISANCE DECLARED. (a) The owner or occupant or other person in control of any property within the city shall remove or destroy all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance height of less than sixteen (16) feet 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 or other person in control 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, cut vegetation, blackberry vines, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a health hazard (3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, nettles and nightshade (4) Dead, decayed, diseased or hazardous trees 9.14.0186.08.030 EXEMPTIONS. The following are exempt from the application of Seette~ 9 14 0 0 BMC 6 08 020 (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 12 Code Enforcement — Health and Sanitation (3) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36 70A RCW (4) Parcels of land greater than 13,000 square feet, provided the perimeter 50 feet of these parcels must be maintained in compliance with seette~ n 14 " "'BMC 6 08 020 9.14020 NOTICE TO REMOVE. Whenever in the opinion of the code enforcement officer, any trees, plants, shrubs or vegetation or parts thereof, should be removed or destroyed for any of the reasons set forth in S eett .., n 14 01 nBMC 6 08 020 he or she shall cause a notice to be served on the owner or occupant or other person in control of the property in the manner hereinafter set forth Such notice shall describe the property involved and the condition to be corrected and shall require that the owner or occupant or other person in control of the property cause the condition to be corrected within such period of time as shall be designated in the notice The notice shall further provide that if the condition is not corrected within the time specified, that after the termination of such period of time and on a date specified in the notice, a resolution will be presented to the city council to provide for the removal or destruction of the trees, plants, shrubs, vegetation or parts thereof, and the cost of that removal or destruction become a charge against the owner and a lien against the property Additionally, when enforcement of this Chapter is pursued pursuant to Chapter 104 BMC, the owner or occupant or other person in control of the property are subject to the enforcement provisions and remedies set forth therein 9.14.0306.08.050 SERVICE OF NOTICE. The notice provided for in Seen"., n 1 4 020 -BMC 6 08 040 shall be served by delivering the notice pursuant to requirements for service of notice set forth in Chapter 104 BMC 9.14.040 HEARING BY CITY COUNCIL. If the conditions described in the notice have not been corrected prior to the time specified therein, as authorized by RCW 35 21 310, a resolution shall be presented to the city council on the date designated in the notice therefor, which resolution shall provide that the department of the city, named therein shall after the date set therein forthwith cause the removal or destruction of the vegetation, or any part thereof, as specified or complained of in the notice Upon introduction of the resolution, the owner shall be entitled to be heard and to show cause, if any, why the vegetation or such part thereof should not be removed or destroyed The finding of the city council determining that the vegetation described in the notice is or is not a nuisance shall be conclusive If the city council finds that the same is a nuisance and the owner has appeared at the hearing thereon, the owner may in the discretion of the council be given such additional time as may be specified by the council to abate the nuisance 9.14.-0506.08.070 COST OF REMOVAL. That whenever, after authorization by resolution of the city council, any trees, plants, shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the removal or destruction thereof shall keep an accurate record of the necessary costs, including 13 Code Enforcement — Health and Sanitation administrative charge, and shall become a charge against the owner and a lien against the property as authorized by RCW 35 213 10, as now or hereafter amended. 9. 14.860 6.08.080 LIEN. Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material 914.070 FAILURE TO REMOVE - PENALTY. The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in Seetten n 14 010 -BMC 6 08 020 is hereby declared to be a public nuisance Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or within the time set by resolution of the city council, whichever time may be later, shall upon conviction thereof be guilty of a misdemeanor and subject to the provisions of BMC 1 12 020(2) B MC Chaptef 442 9.14.080 ALTERNATIVE ENFORCEMENT. (a) In lieu of conducting a hearing, the City Council may, by resolution, forward any violation of this chapter to Chapter 104 BMC for enforcement (b) In lieu of and as an alternative to a hearing and Council resolution as provided for in this chapter, any violation of any provision of this chapter may be enforced as a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein (c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to £eetten BMC 1 12 020(2) BMC SECTION S. Chapter 9 90 entitled "Graffiti" is hereby repealed to its entirety Chapter 9 GRAFFITI n nn n1n DEFIN ITION -. EF TNITION T�v:vTV��r vrr: " Gfaffitt n e haptor- me th Fit,., _ r sefipt lee god e buildings wa f enees, > pubhe pfepeAy 9 . 90 . 0-20 1 UIS A lU!''L' DECLARED RED NO Ti!i OF REMOVAL i (2) Wienever- the e ffie t al ..1,., ge d , t tl, e fe i ng th C B l d tng rode 14 Code Enforcement — Health and Sanitation f nettee to be tssued to abate sueh nuisanee The pfepet4y owner- shall have fifteen (1 after- the date of the nottee to remove the graffitt or- the same will be s*ee4 to aba4ement b the City of the affeeted pr-emises, as sueh owners' name and address appeafs on the last pfepei4y tax n nn 030 APPEAL A i appeal WAhin seven (7) working days ffem the mailtng er- ftem personal set-7viee of the nette 9.90.040 REMOVAL A i BY T14E CITY; representative appr-eves, then the City er- tts pnya4e eeatfaetef is ffAenzed te enter- Wen th be taken, and any paint used te ebitter-ate or- eever- graffiti sha4l be as elese as pr-ae4teable te graffit} SECTION 6. Section 2 62 045 of the Bremerton Municipal Code entitled "Municipal Court Hearing Examiner — Procedure — Appeal" is hereby amended as follows 2.62.045 MUNICIPAL COURT HEARING EXAMINER — PROCEDURE — APPEAL. The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee Appeals to the Municipal Court Hearing Examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision Date of mailing shall be considered date of notification Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal Appeals shall be accompanied by a filing fee, pursuant to Chapter 3 01 BMC, which shall be refunded if the appellant substantially prevails The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings Enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely filed, provided there is not imminent threat to the public's safety and welfare 15 Code Enforcement — Health and Sanitation The Municipal Court Hearing Examiner's decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court within thirty (30) days Procedures of this section including filing fee and appeal of the Municipal Court Hearing Examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal The Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, Chapter 2 96 BMC, and to receive and rule on appeals of administrative decisions specified in the following titles of the Bremerton Municipal Code -(1) Health and Sanitation, Ttfle 6, (21) Animals and Fowl, Title 7, (32) Peace, Safety and Morals, Title 9; (43) Traffic, Title 10 All references to Hearing Examiner in Chapter 2 96 BMC and these titles shall mean Municipal Court Hearing Examiner SECTION 7 SeverabihU If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 8. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of �/ 2011 r WILL MAUPIN, C ncil P�ent Approved this A-4— day of 1 2011 PATTY LE ayor ATTEST APPROVED AS TO FORM 6� CAROL E GEN, City Qlerk R City Attorne 16 Code Enforcement — Health and Sanitation i PUBLISHED the day of , 2011 EFFECTIVE the L day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances \Code Enforcement \Health and Sanitation - Title 6 doc 17 Code Enforcement — Health and Sanitation