HomeMy WebLinkAbout5325ORDINANCE NO. 5325
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 9.92 of the Bremerton
Municipal Code entitled "Chronic Nuisance Properties."
WHEREAS, the City Council desires to amend Chapter 9.92 entitled "Chronic
Nuisance Properties" to clarify the definitions and make other changes to provisions related to
chronic nuisance properties; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.92 of the Bremerton Municipal Code entitled "Chronic
Nuisance Properties" is hereby amended to read as follows:
Chapter 9.92
CHRONIC NUISANCE PROPERTIES
9.92.010 PURPOSE.
(a) Chronic nuisance properties present grave health, safety and welfare concerns,
where the persons responsible for such properties have failed to take corrective action to abate
the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the
quality of life, safety and health of the neighborhoods where they are located. This chapter is
enacted to remedy nuisance activities that are particularly disruptive to quality of life and
repeatedly occur or exist at properties by providing a process for abatement. This remedy is not
an exclusive remedy available under any state or local laws and may be used in conjunction with
such other laws.
(b) Also, chronic nuisance properties are a financial burden to the c-ityCLty by the
repeated calls for service to the properties because of the nuisance activities that repeatedly occur
or exist on such property. This chapter is a means to ameliorate those conditions and hold
accountable those persons responsible for such property.
9.92.020 DEFINITIONS.
For purposes of this chapter, the following words or phrases shall have the meaning
prescribed below:
(a) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a
condition which constitutes a violation of this chapter by such means and in such a manner and
to such an extent as the applicable eityCjI3, department director or designee(s) determines is
necessary in the interest of the general health, safety and welfare of the community;
(b) "Control" means the ability to regulate, restrain, dominate, counteract or govern
property, or conduct that occurs on a property;
Chapter 9.92 Chronic Nuisance
Properties -Amended
(c) "Chronic nuisance property" means_
(1) Property that, within any siKiydayone hundred twenty (120) day period
has three (3) or more nuisance activities; or
(2) Property that, within any three hundred sixty-five (365) day period has six
(6) or more nuisance activities.
-
s4stanee as defined io ehapter- 69.50 RCW, legend dfug as defined in ehapter- 69.41 RGW, of
(de) "Nuisance activity" means any nuisance that occurs or exists upon a property, or
if specified in this section, occurs or exists within two hundred (200) feet of a prope . To be
considered a nuisance activity within two hundred (200) feet of the property, the nuisance
activity must involve the person in control of the property and/or M person associated with the
person in control of the properly. AA person is associated with the person in control of the
property if he or she is a guest or invitee of the person in control of the property.
Nuisance activity ax4-includes:
(1) Any i+uisaaee as defined by st—M-ea I-amIx Of. lee—Al A-r--d-iffi—A4A 9-OR-1
' , violations-of the following laws and
regulations occurring or existing on a property:
(a) Unauthefizedan Vehi61es, BMG
(_ Fire Code, BMG Title-1.9chapter 18.02 BMC;; iib-
Multi-Family Requirements, Chapter 18.03 BMC; (e)-
Health and Saptafi` , 'ei3 BMC Title-C-;
(iiied) Building Code, T4deChapter 17.04 BMC, insofar as it relates to the
minimum standards of a dwelling unit and habitable spaces.
(2) Any violation of the following laws and regulations occurring or existing
on or within two hundred (200) feet of a property:
(ia) Health and Sanitation, Title 6 BMC.
(3) Criminal conduct as de fi*ea by state law of l, eal ,,,.a;„„„,.o
occurring or existing on, ,,..,,un or-near r within two hundred (200) feet of a property as
follows:, ; eludi g, but not limited to, the f llowi g ,,e fivities i,oh.,<,; ,, ,.
(ia) Most serious offenses serious violent offenses and violent
offenses, as defined in RCW 9.94A.030;
(iib) Burglary and Trespass, as defined in Chapter 9A.52 RCW;
(iiie) Theft of a motor vehicle or mail, or possession of a stolen motor
vehicle or stolen mail, as defined in chapter 9A.56 RCW;
ivd Stalking, BMG 9A 32-14-4as defined in RCW 9A.46.110;
(ygb) Harassment, BMG 9- .324)5nas defined in RCW 9A.46.020;
vi€e) Failure to Disperse,:ToNas defined in RCW
9A.84.020;
(vii ) Disorderly Conduct, BMG 9A.44.-ONas defined in RCW
9A.84.030;
Chapter 9A.36 RCW;
(viiihhe)Any level or type of Assault, BMG 9A.32 as defined in
Chapter 9.92 Chronic Nuisance
Properties - Amended
i A Any Domestic Violence- C -crimes, BMG 9A.32 a defined in
RCW 10.99.020;
(xjg) Reckless Endangerment, BMG °A.32.- gas defined in RCW
9A.36.050;
xis) Prostitution -related crimes, as defined in Chapter 9.24 BMC
9.24.029;
(i) Patren zinsagr-estikAe, B44Cv9.24.040.:,1;) n„1= bhG DisUffbanee
Noises, BMG 6.32.120(a*,
(xiilk) Lewd Geadtwflndecent Exposure, BMC 9A. 4 n as defined in
RCW 9A.88.010;
(xiii�) Any Firearms/Dangerous Weapons violations, as defined in
BMC 9A.24.010 through BMC 9A.24.220 and Chapter 9.41 RCW;
(xiv ) Drug Rfelated Lloitering, as defined in BMC 9.89.444010;
xv m) Any Dangerous Animal violations, as defined in Chapter9W
7.12.40 BMC;
xvi )Any Ddrug-gelated activity, which means the manufacture,
delivery, sale, storage, possession, or giving away of 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
(xvii,q) Any arrest pursuant to a warrant of arrest, where the person in
control of the property had prior knowledge of the arrestee's warrant.
(34) For purposes of this chapter, "Nuisance Activity” shall not include
conduct where the person responsible is the victim of a crime and had no control over the
criminal act.
(et) "Person" means natural person, joint venture, partnership, association, club,
company, corporation, business trust, organization, or the manager, lessee, agent, officer or
employee of any of them;
( g) "Person responsible for property" or "Person responsible" means, unless
otherwise defined, any person who has titled ownership -of the property or structure which is
subject to this chapter; an occupant in control of the property or structure which is subject to this
chapter; a developer, builder, or business operator or owner who is developing, building, or
operating a business on the property or in a structure which is subject to this chapter; and/or any
person who has control over the property and allows a violation of this chapter to continue;
(gh) 'Premises" and 'property" may be used by this chapter interchangeably and
means any pu lie a pr-iv'ute building, let, par -eel, dwelling, «e«t.,l , „it' ,.e„ 1 estate of land
eT-
poftion then-eefinel ding «,.e«e..t,,,,sea as eside«t_al of e e 1 pr-ope any property,
including land and that which is affixed, incidental or appurtenant to land, including but not
limited to M. business or, residence, grounds, vacant lots, facilities, parking area, loading area,
landscaping, building or structure or any separate part, unit or portion thereof, or any business
equipment, whether or not permanent.
means, �, ,,/�},,. v or that part of a stpaGtuf@, ifwludifig but not
lifnited to single fiHnily �---�1 G ' ' mheme,
1L�IQGZ
si,le«„e sleeping «1.,,,e by
, e e e ";
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Chapter 9.92 Chronic Nuisance
Properties -Amended
9.92.030 Violation.
(a) Any property within the City of Bremerton which is a chronic nuisance property
is in violation of this C -chapter and subject to its remedies; and
(b) Any person responsible for property who permits property to be a chronic
nuisance property shall be in violation of this chapter and subject to its remedies.
9.92.040 Procedure.
(a) When the Chief of Police; or his/her designee(s) (hereinafter"Chief'),-receives
documentation confirming the occurrence of three QJor more nuisance activities within a
sone hundred twenty (120) day period or six (6) or more nuisance activities within a three
hundred sixty-five (365) day period on or near any property, the Chief of peliee, of hiSS h ,.
drmay review such documentation to determine whether it describes the nuisance
activities enumerated in BMC 9.92.020. Upon such a fording, the Chief ^f Poke, OF i is/hef
designee(s)-,shall warn the person responsible for such property, in writing, that the property is in
danger of being declared a chronic nuisance property.
(b) The warning shall contain:
(1) the -The street address or a legal description sufficient for identification of
the property; \
(2) a -A concise description of the nuisance activities that exist, or that have
occurred on the property;
(3) e= A demand that the person responsible for such property respond to the
Chief of Poke or- hi the - designee(s) within ten (10) days of service of the netieewarning to
create a plan for abatement pursuant to subsection (e) herein;
and e e to ,. plea to abate the ehr-e i .., o; and
(4) e r- the per -son wspensible an oppe#aRity for- the per -son responsible
7, a fty t„ .,hate the ee fiy ties to the 1 t' d
.,.....�. t.�: t,... a J w abate to the
(41a -A statementx laining_that if legal action is sought and the
property is declared a chronic nuisance, the property could be subject to closureififtE-civil
penalties could be assessed, up to one hundred dollars ($100.00) per day from the date of the
warning; and/or the City's costs could be assessed against all persons responsible for the
rop -rtv. one iuiivaivv t
Y „„ a de fla .�
yr a if the o,< s deet e ehf t.
u i�
(c) The Chief shall serve or cause to be served such
warning in accordance with the procedures set forth in BMC
1.04.040(e) and 1.04.040(f).
(d) If the person responsible fails to respond to the warning within the time
prescribed, the Chief i may issue a notice declaring the
property to be a chronic nuisance property and post such notice at the property. The Chief shall
then refer the matter to the' City Attorney for further action.
per -son responsible fails to fespend tthe isseedd ififfaetion and/of eefttinues to violate
� ae�iem
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Chapter 9.92 Chronic Nuisance
.Properties -Amended
(e) If the person responsible responds as required by the notiee-warning and agrees to
abate the nuisance activity, the Chief of Peliee, Of i iS/heF deli nee( �, and the person
responsible-,4na)-will work out an agreed action plan towhieh wotlwabate
the nuisance activity within a reasonable amount of time. If an agreed eeuf eof the action plan
does not result in the abatement of the nuisance activities or if no agreement concerning
abatement is reached, the Chief may issue and post a notice as set forth in subsection (d) above,
and the matter shall be forwarded to the Offi^e of the City Attorney for enforcement action.
Provided, that in the event the Chief of Poliee of his/ of designee(s) or the City Attorney
determines that the person responsible has taken reasonable steps to abate the nuisance activity,
the City Attorney shall not commence an enforcement action under this chapter,
notwithstanding the continuance of the nuisance activity.
(e)(f) Regardless of whether the nuisance activities are discontinued pursuant to a
warning or action plan, the Chief may refer the matter to the City Attorney for enforcement if,
within six (6) months of service of the warning� as set forth in this section, the Chief receives
additional documentation of the occurrence or existence of a nuisance activity as defined in
BMC 9.92.020(e).
(0fgJ_It is a defense to an action for chronic nuisance pr-epe#)-that the person
responsible, at all material times, could not, -in the exercise of reasonable care or diligence, -
determine that the property had become a chronic nuisance property, or could notJn, spite of the
exercise of reasonable care and diligence; control the conduct leading to the determination that
the property is a chronic nuisance property.
9.92.050 Commencement of Action -Enforcement.
(a) , the City Attemey shau
and easts E)uA feT- the abatement of the Upon referral pursuant to BMC
9.92.040, the City Attorney may initiate an action in any court of competent jurisdiction to abate
(b) In determining whether a property shall be deemed a chronic nuisance property
and subject to the court's jurisdiction, the City shall have the initial burden of proof to
she rovin by a preponderance of tie -evidence that the property is a chronic nuisance
property. The City may submit official police reports, reports of other gjbyCijy departments, and
other affidavits outlining the information that led to arrest(s); and other chronic nuisance activity._
. -if exisfing at the The failure to prosecute an individual, or the fact no one
has been convicted of a crime is not a defense to a chronic nuisance action.
(c) Once a super-ier court determines the property to be a chronic nuisance under this
C -chapter, the court may impose a civil penalty. against any or all of the persons responsible for
the property, and may order any other relief deemed appropriate. A civil penalty may be assessed
for up to one hundred dollars100.00 er day for each day the nuisance activity continues to
occur following the date of the original warning by the Chief , as
described in BMC 9.92.040. In assessing the civil penalty, the court may consider the following
factors, citing to those found applicable:
5
Chapter 9.92 Chronic Nuisance
Properties -Amended
(1) 4keThe actions taken by the person responsible to mitigate or correct the
nuisance activity;
(2) the7The repeated or continuous nature of the nuisance activity;
(3) the -The statements of the neighbors or those affected by the nuisance
activity; and
(4) any-AMother factor deemed relevant by the court.
(d) The superier court which determineds the property to be a chronic nuisance
property shal}may also assess costs against the person responsible in the amount it costs the City
to abate, and/or attempt to abate, the nuisance activity.
(e) If the superior- ourt determines the property to be a chronic nuisance property, the
superier court 4h -&May order the property closed and secured against all unauthorized access,
use and occupancy for a period up to one ayeary a^a may im. .. R penalty and eests
may make any order that will reasonably abate nuisance activities; may authorize the City to take
reasonable action to abate and prevent further nuisance activities; may order that the Chief shall
have the right to inspect the property to determine whether the court's orders have been complied
with; and may impose a civil penalty and' costs.
(f) Once a determination has been made by the saperiercourt that the chronic
nuisance property shall be subject to closure the court may authorize the City to physically
secure the premises and initiate such closure. Costs for such closure, or any other court -
authorized abatement activity by the City, shall be submitted to the Court for review. Any civil
penalty and/or costs awarded to the City may be filed with the city :treasurer who may shaft
cause the same to be filed as a lien on the property with the cGounty t -Treasurer. The City shall
file a formal lis pendens notice when an action for abatement is filed in the superior court.
(g) The superiercourt sha4-may retain jurisdiction during any period of closure or
abatement of the property.
pufswnt to this ehapten I-
9.92.060 Summary Closure.
Nothing in this chapter prohibits the City from taking any emergency action for the
summary closure of such property when it is necessary to avoid an immediate threat to public
welfare and safety. The City may take summary action to close the property without complying
with the notification provisions of BMC 9.92.040,'but shall provide such notice as is reasonable
under the circumstances.
9.92.070 Severability.
If any portion of this ordinance, or its application to any person or circumstances, is held
invalid, the validity of the ordinance as a whole, or any other portion thereof, or the application
of the provision to other persons or circumstances is not affected.
SLCTION 2. Severability.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.
0
Chapter 9.92 Chronic Nuisance
Properties - Amended
SECTION 3. 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.
'l
PASSED by the City Council the day of v� , 2017.
ERIC YOUNGER, Council President
Approved this V 5---r day of.Tu-N F_ , 2017.
ATTEST:
SHANNON CORIN, City Clerk
PATTYL71-,111ayor
c
APPROVED AS TO FORM:
PUBLISHED the day of 2017.
EFFECTIVE the day of 2017.
ORDINANCE NO.9 7`7
7
Chapter 9.92 Chronic Nuisance
Properties - Amended
AFFIDAVIT OF PUBLICATION
Account #342133 AD#1664846
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in
the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that
said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,
in which County it is published and is now and has been for more than six months prior to the date of the publi-
cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton,
Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of
said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the
following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of
said newspaper on the following date, to wit: And on
June 27, 2017
such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee
charged for the foregoing publication is the sum of $56.24. This amount has not been paid in full.
---------------
y�
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of June 27, 2017.
SSC M01,
UBLO
'',���O
ORDINANCE NO. 5325
AN ORDINANCE of the
City Council of the City of
Bremerton, Washington,
anending Chapter 9.92 of the
Bremerton Municipal Code
entitled "Chronic Nuisance
Properties."
PASSED by the City Council on
the 21st day of June, 2017.
The full text of this ordinance
is available from the City
Clerk's Office, 345 Sixth
Street, Suite 600, Bremerton,
WA 98337.
June 27, 2017 AD#1664846