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Home My WebLink About2019-01-10 HCNB Agenda Pkt_revisedNCNB 001 Healthy Communities & Neighborhood Building 2"d Floor Conference Room —129 N 2nd St, Yakima, WA Thursday January 1.0, 2019. 1.0:00 a.m. Councilmember Kay Funk Cliff Moore, City Manager Councilmember Jason White Ana Cortez -Steiner, Assistant City Manager Councilmember Kathy Coffey Joan Davenport, Community Development Director Councilmember Brad Hill (alternate) Sara Watkins, Senior Assistant City Attorney Rosalinda Ibarra, Administrative Assistant 5) Discuss potential amendments to Junk Vehicle Regulations (Brooke Goosman/Joe Caruso) htti)s://www.yakimaherald.com/news/local/vakima-county-investing-to-crack-down-on-eode- violations/article Odf2f462-0356-11e9-b0a5-d3514f28831£html 6) Other Business / Requests a) Approve Minutes of 12/13/2018 NCNB Meeting b) Future Items / Recap of Deliverables for Next HCNB Meeting (Davenport) c) Interpreter for Next Meeting (48 -hr advance notice) 7) Audience Participation Next Meeting: February 14, 2019 The complete agenda packet is available online at: https://www.yakimawa.gov/council/city-council-committees/ Agenda 1) Reports from Committees or Commissions Regarding Significant Issues a) Transit Citizen. Advisory Committee (Maxey) - https://yakimatransit.org/transit-advisory-grow/ b) Parks & Recreation Commission (Wilkinson/Funk) c) Henry Beauchamp Community Center - Quarterly (Adrianne Garner/Cortez) ■ Fourth Quarter Report — due in February 2019 d) Historic Preservation Commission (Calhoun/White) - http://www.yakimawa.gov/services/historic-preservation-commission/minutes/ e) Yakima Planning Commission (Calhoun/White) - https://cdlfb042.citiesdigital.com/weblink/ f) Bike/Pedestrian Committee (Calhoun/White) g) Tree City Board (Calhoun/White) - http://www.yakimawa.gov/services/planning/vakima-tree-board/ h) Community Integration (Chad Stover/Beehler ) - https://cdlfb042.citiesdigital.com/weblink/ i) Yakima Police Athletic League (YPAL) /WA Fruit Community Center (White) 2) Homeless Program Operations (Funk) a) Update on Yakima County Homeless Program Model (Moore) 3) Affordable/Senior/ Low Income Housing (Davenport) a) Affordable Housing Report - moved to a Council Study Session, date TBD 4) Community and Neighborhood Facilities (Coffey/White) 5) Discuss potential amendments to Junk Vehicle Regulations (Brooke Goosman/Joe Caruso) htti)s://www.yakimaherald.com/news/local/vakima-county-investing-to-crack-down-on-eode- violations/article Odf2f462-0356-11e9-b0a5-d3514f28831£html 6) Other Business / Requests a) Approve Minutes of 12/13/2018 NCNB Meeting b) Future Items / Recap of Deliverables for Next HCNB Meeting (Davenport) c) Interpreter for Next Meeting (48 -hr advance notice) 7) Audience Participation Next Meeting: February 14, 2019 The complete agenda packet is available online at: https://www.yakimawa.gov/council/city-council-committees/ NCNB 002 Attachments for Agenda Items: • 3: Monthly Permit Statistics for December 2018 • 5: Memo — Request to Amend YMC Related to Junk Vehicles o E-mail from John Haddix with Examples of Other Cities' Ordinances • 6a: HCNB 12/13/2018 Draft Minutes 12 - December 2O18Monthly Division Report w8aokup Created on1/4/2019 Permit Detail - December I - 31, 2018 Permit Detail - December I - 31, 2017 Current Month Year -to -Date Current Month Year -to -Date Types # Valuation Types # Valuation Types # Valuation Types # Valuation Single Family 14 $3,542,789,97 Single Family 144 $34,254,140.49 Single Family 10 $2,018,892.25 Single Family 90 $21 797,069.26 Duplex Duplex 35 $9,951,757.57 Duplex 4 $1,002,731.40 Duplex 16 $4,000,454.22 Multi -Family Multi -Family 12 $7,367,932.36 Multi -Family Multi -Family 1 $169,957.00 Residential Alt 16 $117,781.00 Residential Alt 622 $6,413,840.29 Residential Alt 33 $447,345.76 Residential Alt 621 $6,194,402.46 Grading Grading 3 Grading Grading 2 New Com 10 $1,818,835.20 New Corn 71 $39,163,347.65 New Com 2 $65,486.00 New Com 60 $27,675,378.72 Corn Alt 18 $521,960.00 Corn Alt 230 $13,324,203.84 Com Alt 18 $729,183.00 Com Alt 239 $20,079,828.09 Garage (Residential) 1 $24,228.00 Garage (Residential) 25 $823,970.80 Garage (Residential) 2, $50,717.28 Garage (Residential) 33, $962,141.70 Moves Moves 0 Moves Moves Demo 4 Demo 48 Demo 2 Demo 27 Pools Pools 12 $919,300.00 Pools Pools 8 $406,000.00 Mobile Home I Mobile Home 15 Mobile Home 21 Mobile Home 18 Retaining Wall Retaining Wall 4 $46,510.70, Retaining Wal I 11 $1,533.60 Retaining Wall 4 $10,160.10, TOTAL 641 $6,025,594.17 TOTALI 1224 $112,279,486.801 TOTAL 741 $4,315,889.29 TOTAL 11271 $81,457,182.471 12 - December 2O18Monthly Division Report w8aokup Created on1/4/2019 NCNB 004 MEMORANDUM To: Yakima City Council Healthy Communities and Neighborhood Building Committee members, City Manager From: Joan Davenport, Community Development Director Date: December 31, 2018 Subject: Request to Amend YMC related to Junk Vehicles At the conclusion of the presentation by Mr. Haddix at the December 13, 2018 Healthy Communities and Neighborhood Building Committee meeting, (HCBNC) requested background information about the existing definitions and provisions of the Yakima Municipal Code related to "junk vehicles". As a follow up, Mr. Haddix submitted a four page email entitled "Requested YMC Revisions" and portions of adopted codes from other communities. In his December 18, 2018 memo to me, Mr. Haddix states "...my goal is to amend the YMC to declare all unlicensed inoperable vehicles permanently stored on residential property as nuisances that must be removed from the public view, just as the City can remove a merchant's abandoned shopping cart" Existing Municipal Code related to "inoperable vehicles" The vehicles of concern are parked on private property (driveway or graveled area), in a residentially zoned neighborhood. Mr. Haddix has documented that the vehicle in question is unlicensed and may not be operable. The suggestion is to consider this unlicensed vehicle a "public nuisance" and compel the property owner to remove the vehicle from public view. The YMC 11.09.020 specifically addresses the prohibition of parking on the front yard in a residential neighborhood. 11.09.020 Utility, recreational, and motor vehicles. A. No utility, recreational, or motor vehicle, and/or utility trailer may be parked upon the front yard of a residence or business unless such vehicle or trailer is parked upon an improved surface driveway. 1. This provision shall not apply to properties located within the area north of Viola, south of Alder, west of 1-82 and east of South 8th Street during the dates set forth for the operation of the Annual Central Washington State Fair and the Fourth of July celebration occurring on the Central Washington State Park Grounds. 2. This provision shall not apply to licensed motor vehicle repair, sales, storage or other vehicle -oriented businesses. B. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground is prohibited, unless, when unattended, the vehicle is enclosed in a garage, surrounded by a fence or screened from view and access by other means. (Ord. 2007-31 § 1 (part), 2007). NCNB 005 Suggested change: Mr. Haddix suggests we amend the YMC to specifically state that: "any vehicle without a "Current Tag" is inoperable". Further, this clarification of inoperative vehicles be included in the definition of Public Nuisance in YMC 11.09.02. "Public nuisance" includes: (a) doing an unlawful act defined by statute or ordinance; (b) or omitting to perform a duty; (c) nuisance at common law, either public or private; (d) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (e) uncleanness or whatever is dangerous to human life or detrimental to health; (f) overcrowding; or (g) abandonment or vacancy. Impact of this proposed amendment This change would allow Code Enforcement to compel property owners or residents to remove any unlicensed vehicle or a vehicle without current tags from the public view. There are existing procedures in this section of the Yakima Municipal Code that would guide the enforcement, including a hearing by the Hearing Examiner if necessary. The best way to implement this suggestion is to add a definition of "Inoperative Vehicle" to YMC 11.02 that specifies any vehicle without a "Current Tag" is inoperable. Other Items of Concern cited in Mr. Haddix's letter The December 18, 2018 letter from Mr. Haddix includes multiple other suggestions for amendments to the Municipal Code: 1. Adopt the International Building Maintenance Code 2. Amend YMC 6.56, Public Safety and Morals, Nuisances 3. Amend YMC 9.47, Traffic, Vehicle Impounds 4. Amend YMC 15.04 Permitted Land Uses in the R-1 Zone and YMC 15.04.060 Accessory Uses Not all of these suggestions have been reviewed at this time, pending direction from the City Council. 11• Chapter . PARKING ON THE FRONT YARD AND VEHICLES ELEVATED ABOVE GROUND Sections: .09.010 Definitions. 1 1.09020 Utility, recreational, and motor vehicles. 11.09.030 Enforcement. 11.09.040 Service of notice and order. 1 tl.0 .050 Hearing by the hearing examiner. 11.09.0 60 Abatement. 11 1.09.070 Penalty. 11.09.050 Authorization. 1Definitions. _........_........................................................................................................................................................................ Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter shall have the meaning given them by the currently adopted edition of the International Building Code. Gender and number shall be interchangeable. Defined terms or concepts from Titles 11, 12, 14, and 15 of the Yakima Municipal Code shall apply generally to this chapter. "Abate" means to take whatever steps are deemed necessary to ensure that the property complies with applicable code requirements. "City council" means the city council for the city of Yakima. "Code compliance officer" means a regular or specially commissioned officer so designated by the director assigned to enforce the provisions of this chapter. "Costs" means the city's actual expenses incurred to correct illegal conditions pursuant to the provisions of this chapter plus the administrative fee provided herein. "Days" will be counted as business days when five or less days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than five days are allowed to do an act required by this chapter. "Director" means the director of community and economic development, or a designee. NCNB 007 "Driveway" means the private traveled path to or through a property which extends in a straight line from a legally established curb cut intended for the access of such driveway. In the case of circular driveways, it is the improved surface that connects one legally established curb cut to another. "Front yard" means the open area extending along and parallel to the entire length of the front lot line and measured from the property line to the structure. "Hearing examiner" means the hearing examiner appointed by the Yakima city council, or a designee. "Improved surface" means a surface covered with gravel, cement, pavers, asphalt, brick, or other material approved in writing by the director. "Incidental expenses" includes but is not limited to personnel costs, both direct and indirect and including attorneys' fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contract, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing. "Interested person" means any person entitled to receive a notice and order issued by the director under YMC 11.09MO. "Owner" means any person having any interest in the real estate in question as shown upon the records of a title report and/or the office of the Yakima County assessor, or who establishes his/her interest before the director, board, or city council. For the purpose of giving notice, the term "owner" also includes any person in physical possession. "Party in interest" means any person entitled to a notice and order issued by the director or a designee. "Person responsible for a code violation" means the person who allowed the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property where the code violation occurs. "Public nuisance" includes: (a) doing an unlawful act defined by statute or ordinance; (b) or omitting to perform a duty; (c) nuisance at common law, either public or private; (d) an attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them, including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris; (e) uncleanness or whatever is dangerous to human life or detrimental to health; (f) overcrowding; or (g) abandonment or vacancy. "Recreational vehicle" means any snowmobile, watercraft, golf cart, motor home, camper, camp trailer, all - terrain vehicle, or other vehicle in which the primary use is recreation and not everyday use. "Repeat violation" means a violation of the same regulation by the same person at the same location for which compliance has been sought within two years, or for which a notice and order has been issued within two years. "Subject property" means the dwelling, building, and structure or premises that is the subject of investigation or an enforcement action pursuant to this chapter. "Utility trailer" means a licensed, nonmotorized vehicle, which is intended to be towed behind another vehicle. "Violate" means to do or permit to be done upon any premises over which such person, firm, or corporation has control, or to maintain, carry on, suffer, or allow at any place or places mentioned in this chapter any of the acts or conditions prohibited therein. (Ord. 2007-31 § 1 (part), 2007). i• 1 1• •motor A. No utility, recreational, or motor vehicle, and/or utility trailer may be parked upon the front yard of a residence or business unless such vehicle or trailer is parked upon an improved surface driveway. 1. This provision shall not apply to properties located within the area north of Viola, south of Alder, west of 1-82 and east of South 8th Street during the dates set forth for the operation of the Annual Central Washington State Fair and the Fourth of July celebration occurring on the Central Washington State Park Grounds. 2. This provision shall not apply to licensed motor vehicle repair, sales, storage or other vehicle - oriented businesses. B. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground is prohibited, unless, when unattended, the vehicle is enclosed in a garage, surrounded by a fence or screened from view and access by other means. (Ord. 2007-31 § 1 (part), 2007). 11.09.030 Enforcement. NCNB 009 A. Notice and Order. When it is determined that a violation has occurred or is occurring, the city may issue a notice and order to the person responsible for the code violation and the owner of the property, if different. A notice and order shall include the following: 1. The name and address of the person(s) responsible for the violation; 2. The street address or other description sufficient for identification of the subject property upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to the regulation which has been violated; 4. The required corrective action and a date and time by which the correction must be completed, after which the city may abate the unlawful condition using all legal means; and/or issue a notice of civil infraction in the amount of two hundred fifty dollars for each day the unlawful condition is allowed to continue; 5. A statement that the notice and order may be appealed to the hearing examiner upon filing a written request for hearing with the city clerk within fifteen days of issuance of the order. Failure to timely file a notice of appeal shall constitute a waiver of the right to appeal the determination of the order. An appeal hearing, timely requested, shall be set before the hearing examiner no less than twenty days but no more than sixty days from the date of the notice and order, unless such date is continued by the hearing examiner for good cause or by agreement of the parties; 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, other than city costs and incidental expenses, if the required corrective action is completed and approved by the city prior to the hearing; and 7. A statement that the costs and incidental expenses of abatement incurred by the city may be assessed against the person(s) to whom the notice and order is directed as specified and ordered by the court. (Ord. 2007-31 § 1 (part), 2007). 11.09.040 Service of notice and order. Service of the notice and order to the person responsible for the violation and/or the property owner may be done either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address and pursuant to Yakima County assessor's records and/or the residence property address. If the person responsible for the violation cannot be personally NCNB 010 served within the city of Yakima and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice and order conspicuously on the affected property. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if posting, the facts showing the attempts to serve the person personally or by mail. (Ord. 2007-31 § 1 (part), 2007). A. A person who receives a notice and order may request a hearing by filing the request with the city clerk no later than fifteen calendar days after said notice and order is issued. B. If a hearing is requested, the hearing examiner will conduct the hearing required by this chapter. C. If a request for a hearing is received, the hearing examiner shall mail a notice giving the time, location, and date of the hearing, by certified mail, with five-day receipt requested, to person(s) whom the notice and order was directed. D. The hearing examiner shall conduct a hearing on the unlawful condition. The director, as well as the person(s) to whom the notice and order was directed, may participate as parties in the hearing, and each party may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable. E. The hearing examiner shall determine whether the city has established, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable and shall affirm, modify, or vacate the director's decision(s) regarding the alleged violation and/or the required corrective action, with or without written conditions. F. The hearing examiner shall issue a final order which contains the following information: 1. The decision regarding the alleged violation including findings of facts and conclusion based thereon; 2. The required corrective action, if any; 3. The date and time after which the city may proceed with abatement or other corrective remedies if the required corrective action is not completed; 4. A statement of any appeal remedies; NCNB 011 5. A notice that if the city proceeds with abatement, a lien for the costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provision of this chapter. & If the person to whom the notice and order was directed fails to appear at the scheduled hearing, the hearing examiner will enter an order finding that the violation has occurred and that abatement or other corrective remedies may proceed. H. The order shall be served on the person by one of the methods stated in YMC 11.09040. I. A final order of the hearing examiner maybe appealed to a court of competent jurisdiction no more than ten calendar days after its issuance. (Ord. 2007-31 § 1 (part), 2007). 11.09.060 Abate a t. The city may seek judicial process, as it deems necessary to abate a condition, which was caused by or continues to be a violation of the city of Yakima municipal code and other methods of remedial action failed to produce compliance. An order of abatement is issued through the appropriate court of jurisdiction. The costs, including the incidental expenses of correcting the violation, shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or control of the property and shall become due and payable to the city within ten calendar days. All such costs and expenses shall constitute a lien against the affected property and may be subject to collection following a court judgment. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. The city of Yakima may cause a claim for lien to be filed for record within ninety days from the date that either the monetary penalty is due, the work is completed, or the nuisance abated, whichever is later. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, and the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 2007-31 § 1 (part), 2007). iiI[111"XIM i1:�I . NCNB 012 A. At the discretion of the director, any person who violates any of the provisions of this chapter may be cited with a civil infraction punishable by a fine of up to two hundred fifty dollars, as an alternative to the abatement process referenced in this chapter, upon a determination that a public nuisance exists. B. Each day the violation(s) described in the notice and order continues shall constitute a new offense. (Ord. 2007-31 § 1 (part), 2007). 11.09.080 Authorization. A. Law enforcement agencies and the director or the director's designee are authorized to enforce the provisions of this chapter. B. Upon receiving a limited commission from the chief of police, the director, code enforcement officers and their supervisor shall have the power to issue notice of infraction citations based on probable cause for violations of this chapter. (Ord. 2007-31 § 1 (part), 2007). NCNB 013 From: Davenport Joan To: Ibarra Rosalinda; Watkins Sara; Calhoun Joseph; Caruso, Joe Subject: FW: Requested YMC Revisions Date: Friday, December 28, 2018 2:50:16 PM Attachments: Shoreline WA IPMC Clarificaiion of an Inoperable Vehicle.pdf Waterville WA Public Nuisances Inoperable Vehicle.doc Davenport WA Junk or Unlicensed Vehicles.doc Thurston County Junk Vehicle Information.doc Thurston County Junk Vehicle Information.doc Salem Fences.doc White Salmon WA Prohibited Uses - Zoning Ordinance.doc I received this message from John Haddix on December 18th. Perhaps the entire package should be available to the HCNBC. M From: jhaddix687@aol.com [mailto:jhaddix687@aol.com] Sent: Tuesday, December 18, 2018 2:32 PM To: Davenport, Joan <Joan.Davenport@yakimawa.gov> Cc: Goosman, Brooke <Brooke.Goosman@yakimawa.gov> Subject: Requested YMC Revisions It is my goal is to amend the YMC to declare all unlicensed inoperable vehicles permanently stored on residential property as nuisances that must be removed from public view, just as the City can remove a merchant's abandoned shopping cart. We have an opportunity to have more effective regulations to clean up our City. The proposed amendments will allow the City to easily remove derelict (abandoned, unlicensed, inoperable, wrecked, hulk, junk, or in a (so-called) state of repair, etc.) vehicles from public view now parked or stored in residential districts. These vehicles are eyesores that impact our environment and affect public health and property values. They are a substantial annual loss of State vehicle tax revenue and a loss to the TBD Fund. I have heard Joe's account about how difficult it is to prove that an unlicensed "apparently inoperable" vehicle stored on private property is "junk". I was told because of the difficult process, I could forget about the City taking any steps to remove just an unlicensed inoperable vehicle. This is in total disregard of the fact that "apparently inoperable" is one of the 4 mandatory State criteria to determine if a vehicle is junk. A definition of exactly what "apparently inoperable" means has never been provided. I was not trying to prove that the Jeep illegally stored for over 8 years in a planter was junk (another Staff misconception). I was trying to have it declared a nuisance (an unlicensed (2004 tab) inoperable vehicle hulk) and have it removed from public view. The City requires three conditions must be met to declare a vehicle junk. I admit this is an almost impossible task using the State's four required criteria. Sunnyside requires that only two conditions be met and added unlicensed vehicles to their criteria list. Sunnyside clearly demonstrates a right for a City to be more restrictive than just the State RCW. Definitions are critical to code enforcement. This is why I have asked several times: NCNB 014 What is an "Apparently Inoperable" vehicle? What constitutes a "Parked" vehicle? What constitutes a "Stored" vehicle? Who is qualified at City Hall to judge the scrap value of a vehicle? I really like this definition. The italics are my additions: An inoperative vehicle is a vehicle that does not display a current license tag and/or is not equipped with all parts that are required to legally and safely operate on public streets and/or cannot (on command be driven under its own power (whether or not designed for use on the public streets). Inoperative vehicles cannot be parked, (stored, or (continuously) maintained in a residential district, except within a fully enclosed structure that was constructed with a permit. The definition provides a simple litmus test for Staff to use: "no current tag". Time periods should never be specified because it requires substantiation and is subject to dispute. Keep it simple. Keep it easy to enforce. No current tag requires that a vehicle be; (1) immediately removed from the property or; (2) put into a permitted enclosed structure. A vehicle today with no current tag must be removed from a public street or is subject to impound (RCW - MTO adopted by City reference). The RCW violation is mitigated by shoving the vehicle on to private property. Moving a vehicle on to private property does nothing to eliminate blight. The scenery has been rearranged, the tax revenue is still uncollected, and the problem vehicle is handed over to Code Enforcement. I believe having an "apparently inoperable" vehicle definition will require Staff to include a list of specified vehicle repairs permitted to prevent individuals from "gaming" the System. A vehicle sitting in a driveway can always be in a "state of repair". Local governments have addressed this and other vehicle repair issues by specifying: (1) The type of minor vehicle repairs permitted (Major vehicle repairs are never allowed); (2) The hours and frequency of repair work; (3) The number of vehicles permitted to be worked on at a time; (4) The customary household repair tools allowed (Air tools are never allowed outside — Our summer afternoons have sounded like Les Schwab is next door); And last, (5) A clear statement that only vehicles that are owned by residents or an immediate family member shall be worked on. Vehicle owner minor repairs can be shown as a Class 1 Use in the Table of Permitted Land Uses and what is permitted is tied to clear YUAZ definitions. Two important Staff decisions must be made before preparing YMC amendments to regulate unlicensed inoperable vehicles; (1) What YMC Title should be used, and; (2) Who will be the responsible City official. I have provided the bulleted paragraphs below as suggested YMC Titles in which to insert amendments to get removed derelict vehicles from public view. I also provided adopted local legislative examples as attachments. • Title 6, Public Safety and Morals -- Chapter 6.56, Nuisances Add Public Nuisance Vehicles and Removal Procedures, Use Hearing Examiner. I provided Waterville, WA Public Nuisances Chapter as an example. Title 9, Traffic -- Chapter 9.47, Impounds Add Inoperable Vehicles and Removal Procedures. Use Hearing Examiner I have provided Davenport, WA Junk or Unlicensed Vehicles and Everett, WA Junk NCNB 015 and Inoperable Motor Vehicle Abatement Chapters as examples. Title 11, Buildings — Chapter 11-04, Building Code Adopt the International Property Maintenance Code with Section 302, Exterior Property Areas, 302.8 Motor Vehicles Section as is, OR; add definitions and removal procedures. Use Hearing Examiner. The Appellate Court of Eastern Washington upheld Kittitas County's IPMC, the Hearing Examiner process, and all removal actions taken. I suggest using Union Gap's IPMC as an example: Amending Title 11, Buildings is my recommendation. There is so much the IPMC can do to clean up our City. For example, there is a section in the IPMC addressing fences. I have provided an example from Salem, Oregon that could be plugged into the IPMC Fence Section. The IPMC can be amended any time and in any way that Council deems feasible. However, I took away from a brief conversation with Ms.Sara Watkins, Senior Assistant City Attorney, she believes going through IPMC development and adoption process would take an inordinate amount of Staff time. It could, but it certainly is not required. The IPMC can be adopted by reference just like the City has adopted the majority of International Codes (Building, Housing, Residential, Plumbing, Mechanical, Fire, Etc). The IPMC is adopted by reference by Union Gap, Selah, Yakima County, and numerous local governments up and down the Yakima Valley. I think having consistency of code enforcement for the entire Yakima Urban Area has always been a Council objective. The City could make points just by publicizing it is making itself consistent in code enforcement compliance in the urban area. • Title 15, YUA Zoning Ordinance — Chapter 15.04 Permitted Land Uses Add The Specified Prohibited Uses List in R-1 Districts. Use Hearing Examiner. I provided the White Salmon, WA Zoning Ordinance Chapter as an example. And last, I want to settle the difference of opinion on recognition and enforcement of the permitted use of a garage in residential districts. Garages are mentioned here because if the proposed amendments are adopted all unlicensed inoperable vehicles must either be (1) removed from the property or (2) placed in a permitted enclosed structure and this will most likely be a residential district garage. 15.04.060 Accessory uses A. Generally. An accessory use is a use customarily incidental and subordinate to the principal use of a structure or site. Accessory uses are permitted upon compliance with the terms and provisions of this title. They must be clearly secondary to, supportive of, and compatible with the principal use(s) and consistent with the purpose and intent of the zoning district. The land use classification and review requirements of an accessory use shall be the same as that of the principal use(s), unless otherwise specified. C. Garages. Private garages are permitted as an accessory use; provided, that in residential districts they are primarily used to store motor vehicles by the occupants of the residence. I do not understand how one can read the Section in Title 15 as written and come away NCNB 016 with the conclusion there is no right to regulate garage use in residential districts. I recognize that the statement "used to store motor vehicles by the occupants" certainly could have been made much clearer by using 'owned by". But the intent was never to permit people to store motor vehicles in a residential garage that didn't belong to a resident or legal occupant. You cannot legally rent out your residential garage to your neighbor next door for vehicle storage. The two spaces in a permitted residential garage are the YMC mandated parking spaces to be provided a single family residence. Residential garages are not permitted for arbitrary vehicle storage nor are garages permitted to be used for just any purpose. A reasonable person should understand that "primarily used to store motor vehicles" in the regulation to mean "for the most part used". It is in fact "the greater/major part of something being used". I would submit it also means "more than 50% of something is being used". I was SAP when the Joint Urban Area Zoning Ordinance was developed and adopted. I believe I know the original intent of permitting garages in residential districts. You may ask the City Legal Department's opinion but the Hearing Examiner, Gary Cuillier, is the deciding official. I appreciate your support and if asked, I look forward to working with Staff. Please contact me if there are questions. Happy Holidays! John A. Haddix 509-965-0914 NCNB 017 Planning & Development Services Dept. 17500 Midvale Avenue North Shoreline, WA 98133-4921 (206) 801-2500 ♦ Fax (206) 546-8761 CODE INTERPRETATION Shoreline Municipal Code (SMC) Section 15.05.010.K. Section 15.05.01 OX of the Shoreline Municipal Code (SMC) adopts the International Property Maintenance Code (IPMC). Misreading of the code section regarding inoperable or unlicensed vehicles is leading to difficulty in getting compliance with the code. Some violators are reading the following section to mean that even if a vehicle is inoperable, if it is licensed it is not a violation. Section 302.08 of the adopted IPMC states: "Motor Vehicles, recreational vehicles, and boats. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle, recreational vehicle or boat shall be parked, kept or stored on any premises, and no vehicle, recreational vehicle or boat shall at any time be in a state of major disassembly, disrepair, damaged to the extent it prevents normal operation, or in the process of being stripped or dismantled. " To clarify, the word "or" is a conjunction used to express alternatives between different descriptive elements. In the above sentence, this means that only one of the elements mentioned (inoperable or unlicensed) in the first clause needs to be satisfied in order for the violation to have occurred. Therefore the following applies: Any vehicle required to be licensed under Washington State law which is parked wholly or partially on private property must properly display current and legal license plates and registration tabs to be in compliance with IPMC 302.8 as adopted in SMC 15.05.010.K. Any vehicle required to be licensed under Washington State law which is parked wholly or partially on private property must be legally operational to be in compliance with IPMC 302.8 as adopted in SMC 15.05.010.K. In other words, an inoperable vehicle is in violation of the code. A vehicle that is not licensed is in violation of the code. A licensed vehicle that is inoperable is in violation of the code. An operable vehicle that is unlicensed is in violation of the code. Director's Signature Date NCNB 018 Waterville, WA Public Nuisances 8.08.100 Public nuisance vehicles. A. One or more public nuisance vehicles, or parts thereof, which have been accumulated, dismantled, parked, placed or stored on any premises or property constitute a public nuisance which shall be abated pursuant to the provisions of this chapter and Chapter 7.48 RCW, except as follows: 1. The public nuisance vehicles, or parts thereof, are completely enclosed within a building in a lawful manner; provided, that the building and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or 2. The public nuisance vehicles, or parts thereof, are completely and permanently screened from the street or other public or private premises or property; provided, that the screening type and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or 3. The public nuisance vehicles, or parts thereof, are stored or parked in a lawful manner on private premises or property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk salvage or wrecking yard, provided the business is in compliance with the provisions of the Waterville Municipal Code, the premises or property is fenced as required by RCW 46.80.130, and that there is no harborage for vectors. 4. A vehicle that has a valid current Washington State Department of Licensing collector plate that meets the definition and requirements of the Department. A vehicle claimed to be a "collectable," "classic," or other similar status shall not be deemed as such unless meeting the requirements for a collector vehicle plate as determined by the Department. B. Ownership and vehicle registration status have no bearing on the determination of a vehicle as a public nuisance vehicle. C. Upon being notified by the town of Waterville of the presence of a public nuisance vehicle, a landowner of the premises or property on which the public nuisance vehicle is located shall, within 45 days, remove the public nuisance, provide the town of Waterville with written proof that the public nuisance was removed in full compliance with all applicable laws, codes, and ordinances, and shall prevent a reoccurrence of the public nuisance. D. Failure to remove the public nuisance within 45 days constitutes a Class I civil infraction. Violations shall be assessed in accordance with the Waterville Municipal Code. E. A public nuisance vehicle may be abated by any lawful means. Abatement costs shall be charged against the last registered owner of the public nuisance vehicle and/or the person responsible for the violation. This may include the landowner of the premises or property but also any tenant or occupant, regardless of whether the tenancy or occupancy is legal or not. (Ord. 768 § 4, 2016; Ord. 666 § 2, 2006). NCNB 019 Sections: 8.08.010 Purpose. 8.08.020 Construction. 8.08.030 Definitions. 8.08.040 Public nuisances unlawful. 8.08.050 Exempted acts. 8.08.060 Prohibited conduct. 8.08.070 Authorized act not a public nuisance. 8.08.080 Successive owners or occupants liable. 8.08.090 Abatement does not preclude action for damages. 8.08.100 Public nuisance vehicles. 8.08.110 Voluntary cleanup program. 8.08.120 Notice of civil violation. 8.08.130 Hearing before the hearing examiner. 8.08.140 Abatement by the town. 8.08.150 Additional enforcement procedures. 8.08.160 Conflicts. 8.08.010 Purpose. . . . . . . . . . . . . . . . . . . . . . . A. Declare that it is a public nuisance and unlawful to accumulate, burn, dump, depos place • • solid waste except as • • this chapter; I B. Declare that it r public nuisance and unlawful • accumulate, park, or store extensively damaged vehicles or �� vehicles except as allowed by this chapter; 6-111 ( W -6f T gIFFEMS ass*'Gia , I � ;;r e— accumulation, burning, dumping, depositing, placing or storage of solid waste; D. Reduce the inherent public health and safety problems associated with the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or inoperable vehicles; NCNB 020 F. Minimize the likelihood of injury resulting from children playing on or around the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or inoperable vehicles; G. Establish procedures for the voluntary correction, removal, or abatement of solid waste which has been unlawfully accumulated, burned, dumped, deposited, placed or stored; n—=,# -,Mn #I1-00WCU6S TO(�i s i, i e(TIOTal or .•. RY extensively damaged vehicles or a which have been unlawfully accumulate i # i1111113 1!11� 1ll 1 1 J. Decrease the likelihood of criminal conduct associated with the unlawful accumulation, dismantling, parking, placing, or storage of extensively damaged vehicles or I K. Establish procedures for the prosecution of violators of this chapter. (Ord. 666 § 2, 2006). This chapter is an exercise of the enforcement power of the town of Waterville and is deemed necessary for the continued peace, health and welfare of the town and its residents. Therefore all its provisions shall be liberally construed for the accomplishment of such purposes. (Ord. 666 § 2, 2006). H. �-1 i r. �* ; shall have specific meanings as defined in this section. Terms, phrases, and words useI in the singular shall also apply to the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter genders. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such a manner and to such an extent as the compliance NCNB 021 officer, in his judgment, determines is necessary in the interest of the general health, safety and welfare of the community. "Building" means any building, dwelling, structure, or mobile home, factory built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or "Building materials" means and includes, but is not limited to, lumber, plumbing materials, wall board, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing materials, cans of paint and similar materials. I iiI I I I I I I i III I! I IN I ril - , all 11 J! WU , "Extensively damaged vehicle" means a vehicle that has visible damage to, or is missing, a minimum of three of the following parts or components: 1. Frame; 2. Axle; 3. Surface panels; 4. Doors; 5. Fender; 6. Window or windshield; 7. Headlight or front signal light; 8. Taillight, brake light, or rear signal light; 9. Engine; 10. Transmission; 11. Wheels or tires; 12. Steering wheel; 13. Radiator; NCNB 022 udr� 16. Visible damage or a lack of any other similar component identified by the compliance officer when inspecting the vehicle. "Hearing examiner" means the person appointed by the Waterville town council, in accordance with the Waterville Municipal Code. ")�� vehicle" means a vehicle that cannot be legally operated on the public right- of-way because it cannot be started and set in motion under its own power such that it is 32 =0 MINIMUM! 1! 1!111 1 ltq Is I • • • 0 MG "Person responsible for the violation" means any person who has any interest in or P -2 - person entitled to control, use and/or occupy the premises or property. "Persons" means any individual, firm, partnership, corporation, association or other entity, public or private, whether acting by themselves or by a servant or employee. "Premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips. 1 . An act or omission to act, or a condition or use of premises or property which AWAIM-9:111*31*W0 IRMA"I" public; offends public decency; decreases the value of nearby premises or NCNB 023 *r permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any street, avenue, alley, park, parkway, public water (including lakes, rivers and/or streams), or other public or private place in the town, ZMMMM�� b. Burning or disposal of solid waste in such a manner as to cause or permit �ense smoke, ashes, soot or gases arising from such burning or disposal to become annoying or endangering the health, comfort or repose of any person *r the general public. The burning of small amounts of weeds, twigs, grass, or M11 M$=- # c. Carcasses of animals not removed, buried or destroyed within 24 hours after death; C All limbs of trees overhanging a public sidewalk which are less than 10 fe ?,bove the surface of said sidewalk, or overhanging a public roadway which less than 12 feet above the surface of said roadway; I & The existence of any vines or climbing plants growing into or over any road, public hydrant, power or light pole; or the existence of any shrub, vine or plant $rowing on, around or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility providing for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; or obstruct or interfere with the proper diffusion from the light from any light pole; ol -FT-I 717 any use of public roadway or sidewalk which causes any obstruction of traffic IT I Fli !Ili WINES 11 1 VON 1111 IV I �� I I I NCNB 024 na �., = .............. ............... .............................. IMMUMS311=1 g. Any use of premises or property abutting on a public drainage ditch or storm water control system which causes any obstruction of water; provided, that this subsection shall not apply to sand or gravel from street construction and snow plowing; h. Any poisonous or harmful substance which is reasonably accessible to persons or to animals; i. Any attractive nuisance which may prove detrimental to children which is left in any place exposed or accessible to children. This includes, but is not limited to, unused or abandoned refrigerators, freezers, or like containers, or other large appliances or equipment or parts thereof; extensively damaged vehicles; inoperable vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; any lumber, refuse, debris or vegetation which may prove a hazard to minors; k. The existence of any fence or other structure which creates any traffi* safety problem through obscured sight distance; 1. The existence of any fence or structure or thing which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition on private property abutting or fronting upon any public roadway, sidewalk or place; m. The existence of any fence or other structures located in a public right-of- way without specific approval from the town; n. Any accumulation of solid waste on premises or property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, ,-mpty barrels, dead animals or animal waste, glass, litter, mattresses or iWLIL �**' 4�2111# -tv #,!,2rts tWec--s-or-4-*".Qr s NCNB 025 thereof, furniture, iron or other scrap metal, packing cases, packing material plaster, plastic, rags, refuse, wire, yard waste or debris or other objects whii endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention *f Dangerous Buildings, or any building, structure, or addition to such, commenced and left unfinished six months beyond the expiration of the building permit issued for the building or 12 months from the date of building commencement if no building permit was required to be issued; p. The nonernergency repair of any automobile, truck or other motor vehicle of 2n�� kind Mon the Dublic roadwa��s, alleor other Qlic QroLDeof the town; q. The erection, continuance or use of any building, room or other place in the town for the exercise of any trade, employment or manufacture which, by producing noxious fumes, offensive odors or other annoyances, is discomforting, offensive or detrimental to the health of individuals or of the public; r. Any unguarded or abandoned excavation, pit, well, or holes which could endanger health and safety. "Public nuisance vehicle" means any extensively damaged vehicle or I vehicle, or the parts thereof, which has been accumulated, dismantled, parked, placed, or stored on premises or property in violation of this chapter. "Refuse" means vegetable offal, animal offal, discarded food, cans, bottles, waste pap boards and boxes, tree limbs and all other waste substances from private and PL I 1111 ill! Irn 11111 M 101 I MENTMAMMS "Repeat violation" means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12 -consecutive -month period. NCNB 026 "Solid waste" means any and all solid waste as defined within RCW 70.95.030 as it now exists or may hereafter be amended. "Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. "Vehicle" shall include, but not be limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or similar devices capable of moving or being moved on the public right-of-way, and shall aly*7fn UT I 1 -T -6f - - --le ; 1 U17 nFJJ-11YcUrF-C-JFT[rT power, or used exclusively upon stationary rails or tracks. 1 11 1 1•! Ii I i I; I ii i!11 i I I H I T I I MEEZEMM138�# #'�� with the town to abate the public nuisance. (Ord. 666 § 2, 2006). Unless otherwise permitted by law and whenever the compliance officer determines that any public nuisance exists upon any premises, the compliance officer may require or N. is t' �#- �#- llll�- This chapter shall not apply to the United States, the state of Washington, Douglas County, the town of Waterville or any of their respective officers, employees or contractors when engaged in snow removal, street cleaning, emergency repair of a street, building or structure, fire suppression, or any other emergency for the I It shall be unlawful for any person responsible for the violation to create, permit, maintain, suffer, carry on or allow, upon any premises, any of the acts or things declared by this chapter to be a public nuisance or to violate any of the provisions of this chapter. (Ord. 666 § 2, 2006). 11111111111 !111111 1 , i ;111 1 1=0707MR-1 =1- -- ---- -- M- NCNB 027 8.08.080 Successive owners or occupants liable. Every successive owner or occupant of a property or premises who neglects to abate a continuing public nuisance upon or in the use of such property or premises caused by a lormer owner is liable therefor in the same manner as the one who first created it. (Ord. The abatement of a public nuisance does not prejudice the right of any person to recover damages for its past existence. (Ord. 666 § 2, 2006). AII.AtIT1101-01tr4rimm. 710M—mm A. One or more public nuisance vehicles, or parts thereof, which have been accumulated, dismantled, parked, placed or stored on any premises or property constitute a public nuisance which shall be abated pursuant to the provisions of this � 1111111 Itilli l I I ;I I 1=41%� �. building in a lawful manner; provided, that the building and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or 2. The public nuisance vehicles, or parts thereof, are completely and permanently screened from the street or other public or private premises or property; provided, that the screening type and use activity for the premises or property is in compliance with the provisions of the Waterville Municipal Code, and that there is no harborage for vectors; or 3. The public nuisance vehicles, or parts thereof, are stored or parked in a lawful manner on private premises or property in connection with the legal business of licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk salvagel tr wrecking yard, provided the business is in compliance with the provisions of t Waterville Municipal Code, the premises or property is fenced as required by RCW 46.80.130, and that there is no harborage for vectors. 4 A vehicle that has a valid current Washington State Department of Licensing collector plate that meets the definition and requirements of the Department. A vehicle claimed to be a "collectable," "classic," or other similar status shall not I NCNB 028 INIVIRTRI III'S 11111111!11 1 1 1111,11 T004 -min C. Upon being notified by the town of Waterville of the presence of a public nuisance vehicle, a landowner of the premises or property on which the public nuisance vehicle is located shall, within 45 days, remove the public nuisance, provide the town of Waterville with written proof that the public nuisance was removed in full compliance with all D. Failure to remove the public nuisance within 45 days constitutes a Class I civil infraction. Violations shall be assessed in accordance with the Waterville Municipal Code. E A public nuisance vehicle may be abated by any lawful means. Abatement costs shall be charged against the last registered owner of the public nuisance vehicle and/or the person responsible for the violation. This may include the landowner of the premises or ,qvv,wel Ift dT��*- cu I J-ut Ural TF,#71( 41 tr- occupancy is legal or not. (Ord. 768 § 4, 2016; Ord. 666 § 2, 2006). 8.08.110 Voluntary cleanup program. A. This section authorizes the town of Waterville to establish a voluntary cleanup program, through its compliance officer, to provide financial and technical assistance to the person responsible for the abatement of the public nuisance. B. The town of Waterville may restrict participation in the voluntary cleanup program authorized by this section based upon the person having committed other violations of voluntary cleanup program authorized by this section. These additional requirements may set limits on the types or amount of financial and technical assistance to be provided to a person and limits on how any times a person may participate in the voluntary cleanup program. NCNB 029 D. In order to be eligible for the voluntary cleanup program the person responsible for the violation shall be officially notified in writing of the public nuisance and what actions must be taken by the person in order to become compliant. E. The compliance officer shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, where possible, explaining the public nuisance, and requesting compliance. F. A voluntary correction agreement may be entered into between the person responsible for the violation and the town of Waterville, acting through its compliance officer. 2,nd the person responsible for the violation under which such person agrees 2bate the public nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following: UI11 1 1 IIIIIIIIINII[I il III 111 102% 111 TaTMORMIUMM building, structure, premises, or land upon or within which the public nuisance is occurring; and oilM MR M�- Mv e. An agreement by the person responsible for the violation that the town of Waterville may inspect the premises or property as may be necessary to determine compliance with the voluntary correction agreement; and f. An agreement by the person responsible for the violation that the town of Waterville may abate the public nuisance and recover its costs and expens and a monetary penalty pursuant to this chapter from the person responsibil for the violation if terms of the voluntary correction agreement are not met; and NCNB 030 6 fffTT-r - -T'ffl7 --T -GIT gKil agIFTEMM TOe g—ffTt-VFVF6 *'Mcftr66111 person responsible for the violation waives the right to an administrative ?.ppeal of the public nuisance and/or the required corrective action. 2. The person responsible for the violation waives the right to an administrative appeal of the public nuisance and the required corrective action upon entering into a voluntary correction agreement. 3. The town of Waterville shall have the right to enter upon and inspect the subject premises or property to determine compliance with the terms of the voluntary corrective action may be granted by the compliance officer if the person responsible for the violation has shown due diligence and/or substantial progress in abating the public nuisance but unforeseen circumstances render abatement under the original conditions unattainable. 5. The town of Waterville may abate the public nuisance in accordance with the Waterville Municipal Code if the terms of the voluntary correction agreement are 111�1 111!IlII responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with the Waterville 1i# qrlypn MO, A. When the compliance officer determines that a public nuisance has occurred or is occurring, and is unable to secure voluntary correction, the compliance officer may iss] a notice of civil violation to the person responsible for the violation. The compliance officer may issue a notice of civil violation without having attempted to secure voluntary correction, under the following circumstances: mom OMMOMM NCNB 031 5. When the person cannot be contacted or refuses to communicate or cooperate with the compliance officer in correcting the violation. III 1 111 Jill !!!I ii 1 111 1 1 Sm 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the public nuisance is occurring; and 5. The required corrective action and a date and time by which the correction must be completed after which the town of Waterville may abate the public nuisance in accordance with the Waterville Municipal Code; and 4,. The date, time and location of an appeal hearing before the hearing examiner— shall be scheduled not less than 10 calendar days and not more than 30 calendar wililm!.! 1 11011F, ii I ;I11111.1 � � � � � � � INIONSTONOTS corrective action at least 48 hours prior to the hearing; and & A statement that the costs and expenses of abatement incurred by the town of Wa�We III& ft2l# S, i siIiiIII 11! 1 11 1 = 1 1 111 llliglll! � I � I 11 i•1 � I! I I I RMNSM11111`1115 g��1•, , I Azmr • • NCNB 032 modification within 30 calendar days of the date of the hearing examiner's written recommended decision; and 10. A statement that the Waterville town council will be limited to the hearing examiner's record of the hearing, the recommended decision and that the 1412terville tow C. The compliance officer shall serve the notice of civil violation upon the person to whom it is issued, either personally or by mailing, certified, return receipt requested, copy of the notice of abatement to such person at his last known address. If the pers] to whom the notice is issued cannot after due diligence be personally served within Douglas County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. D. No extension of the time specified in the notice of civil violation for correction of the public nuisance may be granted, except by order of the Waterville town council. E. The monetary penalty for each day the public nuisance is permitted to continue or portion thereof shall be as follows: OKUMMEVAMEM F. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the public nuisance. NCNB 033 G. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is issued. Any monetary penalty assessed must be paid to the town of Waterville within 10 calendar days from the date of mailing of the Waterville to council's decision and order or a notice from the town of Waterville that penalties are I due. The town attorney or his designee is authorized to take appropriate action to collect the monetary penalty, plus reasonable attorney's fees and costs incurred in collecting said monetary penalty. (Ord. 666 § 2, 2006). 8.08.130 Hearing before the hearing examiner. A. Notice. A person to whom a notice of civil violation is issued shall receive notice to appear before the hearing examiner, and the date, time and location thereof, which hearing shall be not less than 10 calendar days nor more than 30 calendar days from the date the notice of civil violation is issued. Continuances of the hearing may be granted at the discretion of the compliance officer, or by the hearing examiner for good cause shown. B. Prior Correction of Violation. The hearing will be cancelled and no monetary penalty will be assessed, if the compliance officer approves the completed required corrective 11 p 11111111 1 1 � 1! 11 11 �!, jiiirniiri� IsIniv Invuriii pursuant to the rules of procedure as specified within the Waterville Municipal Code. The compliance officer and the person to whom the notice of civil violation is issued are parties to the hearing and each party may call witnesses. The town of Waterville shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred or is occurring and that the required corrective action is reasonable under the circumstances. The determination of the compliance officer as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action. hearing examiner shall determine whether the town of Waterville has 6stablished by a preponderance of the evidence that a violation has occurred or is *ccurring and that the required correction is reasonable under the circumstances, NCNB 034 RIPHAN 2. The hearing examiner shall issue to the Waterville town council a record of the hearing and a written recommendation for an order to the person responsible for the violation which contains the following information: 2. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision; vnvzwmsmfl�# I III, IMIC INTO! 171 111 IMIRIII !1111:111# # rOTOT —T 3. Monetary penalties recommended for assessment by the hearing examiner shall be in accordance with the monetary penalties specified within the Waterville Municipal Code. a. The hearing examiner shall have the following options in recommending assessments of monetary penalties: i. Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or ii. Assess monetary penalties beginning on the correction date set by the compliance officer or an alternate correction date set by the hearing examiner and thereafter; or iii. Assess less than the established monetary penalty specified with the Waterville Municipal Code based on the criteria of subsection I rATROM NCNB 035 b. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors: MIN ill 11 iiiiiiii i liii IT I i I 1� 1111111 azffzma�= I iv. Whether the person showed due diligence and/or substantial progress in correcting the violation; and c. The hearing examiner may recommend doubling the monetary penalty schedule if the public nuisance violation is a repeat violation. In determil the amount of the monetary penalty for repeat violations, the hearing E. Failure to Appear. If the person to whom the notice of civil violation was issued fails appear without lawful excuse at the scheduled hearing, the hearing examiner shall ent a recommended order with findings pursuant to subsection (D)(2) of this section and recommend assessment of the appropriate monetary penalty pursuant to subsection (D)(3) of this section. Such recommendation shall be forwarded to the Waterville town council for review • to subsection F of this section. i ; � ii Ill i iiiil i •i irl iiiiii 111111!1 FORMT-19 11M. - i Mill I 'ii!lllil ME ii 11 ill 11 1 1 1 1 11 1 1 1 I 2. The person to whom the notice of civil violation is issued shall be notified in writing of the date of such review. 11"! "10PI I 111111i'lIlgi � I 11 1 1 1 1 1 i I 1 1 � � P iii I iii Milli i ii I NCNB 036 vacate or modify the recommended decision of the hearing examiner. No new testimony or evidence shall be presented. The decision of the Waterville council shall be final. 4. The Waterville town council shall issue an order to the person responsible for the violation which contains the information as set forth in suWsectio-i D of this= 5. The town of Waterville may enforce the order and recover all related expenses, including attorneys'fees, costs of the hearing and any monetary penalty from that WITTAROX =0 council must be filed with the Douglas County superior court within 21 calendar days from the date the town council's decision and order was mailed to the person to whom the notice of civil violation was issued. (Ord. 666 § 2, 2006). 8.08.140 Abatement by the town. A. Abatement. The town of Waterville may abate a public nuisance when: 1. The terms of voluntary correction agreement pursuant to W 8.08. 110 have not been meet; or Z A notice of civil violation had been issued pursuant to the Waterville Municipa' Code and a decision and order has been issued pursuant to the Waterville Municipal Code and the required correction has not been completed by the date ITIRSTISTMININM ii 1i *i. •mr,011116 �-= immediate and emergent threat to the public health, safety or welfare of the town or to the environment, the town of Waterville may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the C. Authorized Action. Using any lawful means, the town of Waterville may enter upon thit subject premises or property and may remove or correct the condition which is subject to NCNB 037 abatement. The town of Waterville may seek such judicial process as it ••• necessary to effect the removal or correction of such condition. D. Recovery of Costs and Expenses. The • including • fees and incidental expenses, of correcting the violation shall be billed to the person responsible for the v-#kq4#"-P4 oW V-,a#*-nw-4iz 2r4 it from the date of the billing. The term "incidental expenses" includes but is not fflzr=13 2 szmm�� MHMHMMME• r with the town of Waterville or its agents, or with the person responsible for the violation in performance of duties imposed by this chapter, or a decision and order issued by the Waterville town council or an agreement between the town of Waterville and the person responsible for the violation, is guilty of a civil infraction and subject to a penalty of up to $500.00 per violation. (Ord. 666 § 2, 2006). The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Waterville Municipal Code except as precluded by law. (Ord. 666 § 2, 2006). In the event • a conflict between this chapter and any other provision of the Waterville Municipal Code or other city ordinance providing for a civil penalty, this chapter shall i, Nnvlqrai�om # so NCNB 038 Davenport, Washington Chapter 10.44 JUNK OR UNLICENSED VEHICLES Sections: .44.010 Purpose. 10.44.020 Definitions. 10.44.030 Prohibition. 10.44.040 Exemptions. 10.44.050 Abatement procedures. 10.44.010 Purpose. The purposes of this chapter are: (1) To establish procedures for the abatement and removal or junk or unlicensed vehicles and parts thereof as public nuisances pursuant to RCW 46.55.240; (2) To enhance the aesthetic qualities of the city of Davenport; (3) To conserve and maintain property values; (4) To protect the health of the public; (5) To provide for the public safety. (Ord. 981 § 1, 2007; Ord. 901 § 1, 2002). 10.44.020 Definitions. For purposes of this chapter, the following definitions shall be applicable: (1) "Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the following requirements: (A) Is three 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; (Requires Definition) (D) Has an approximate fair market value equal only to the approximate value of the scrap in it. (2) "Unlicensed vehicle" means any vehicle not registered and/or licensed with the state of Washington. (3) "Vehicle" means every device capable of being moved upon a public highway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, and includes, without limitation, automobiles, recreational NCNB 039 vehicles, trucks, trailers, motorcycles and tractors, excepting devices moved by human or animal power. (Ord. 981 § 1, 2007; Ord. 901 § 2, 2002). 10.44.030 Prohibition. It shall be unlawful for any person to store or allow to be stored any junk or unlicensed vehicle or vehicles, parts of cars, unlicensed recreational vehicles, or travel trailers, on any private or public property, street, right-of-way or alley within the city. (Ord. 981 § 1, 2007; Ord. 901 § 3, 2002). 10.44.040 Exemptions. This chapter shall not apply to: (1) Any vehicle or part thereof which is completely enclosed within a building in a lawful manner or which is otherwise not visible from any street or any public or (private) property; or (2) Any vehicle or part thereof stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, junk salvage/wrecking yard or licensed vehicle dealer, located on properly zoned property and fenced in accordance with the provisions of RCW 46.80.130; or (3) An automobile which is being actively repaired or worked on by the owner or where properly screened or indoor storage is provided. (Ord. 981 § 1, 2007; Ord. 901 § 4, 2002). (Major/Minor Repairs? How many vehicles for how long?) 10.44.050 Abatement procedures. (a) Investigation. Whenever it shall appear to the city that there may be a violation of this chapter, the city shall cause the matter to be investigated by the city building inspector or other designee as the mayor may from time to time appoint, who shall investigate the matter and shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the vehicle is equivalent only to the value of scrap in it. (b) Notice of Intent. If the inspector determines that a vehicle is a junk or unlicensed vehicle, the city clerk -treasurer's office shall provide notice to the last registered owner of record of the vehicle shown on the records of the Washington State Department of Licensing and the property owner of record upon which the vehicle is located, according to the last equalized assessment roll maintained by the Lincoln County assessor, by certified mail, with a five-day return receipt requested, that a hearing on the abatement of the junk or unlicensed vehicle as a public nuisance may be requested and that if no hearing is requested within 15 days of the date of the mailing of the notice, the vehicle will be removed and that the costs may be assessed against them. (c) Notice of Hearing. If a written request for a hearing is received within 15 days, a notice, giving the time, location and date of a hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance, shall be mailed, by certified 1' 1 mail, with a five-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 a vehicle is in such condition that identification numbers are not available to determine ownership. (d) Hearing. The hearing shall be conducted before the city council (Use Hearing Examiner) at least two weeks after the date of mailing the notice of hearing. The only issues to be heard are whether or not a proper determination has been made that the vehicle is a junk or unlicensed vehicle and whether or not either the landowner or the registered owner should be relieved from the obligation to pay the costs of the removal and disposal. The determination of the city building inspector that the vehicle is a junk or unlicensed vehicle shall be presumed correct and the burden shall be on the owner of the land or the owner of the vehicle to prove otherwise. (e) Determination of Responsibility. The owner of the property on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, the cost of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, nor can the costs be collected from the property owner. (f) Abatement. After notice has been given of the city's intent to abate, remove, or dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of the mayor or his departmental designee and disposed of with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked. (g) Costs of Abatement. Subject to the provisions of subsection (e) of this section, the cost of abatement and removal of the vehicle or part thereof under this chapter including the costs of administration and hearing shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle had complied with RCW 46.12.101, or the costs can be assessed against the owner of the property on which the vehicle is stored. (Ord. 981 § 1, 2007; Ord. 901 § 5, 2002). NCNB 041 Thurston County Junk Vehicle Information Junk, inoperable, abandoned, disassembled, or extensively damaged Vehicles Thurston County receives several calls each day from citizens who are concerned about junk vehicles -- for good reason. Junk vehicles are an eyesore and a hazard to the environment. How Thurston County responds to a junk -vehicle situation depends on whether the caller wants to remove a junk vehicle from his or her own property, or to lodge a complaint about a vehicle elsewhere in the neighborhood. Below are answers to common questions about Thurston County's junk vehicle program. (Junk vehicles are also referred to as "hulk" vehicles.) What is a Junk Vehicle? In Thurston County, junk vehicles are defined as any inoperable, abandoned, disassembled, or extensively damaged vehicle with two or more of the following conditions: • A build-up of debris, moss or weeds on, in, under, or around the vehicle that obstructs use. • Damage to the frame. • More than one missing or shattered window or windshield. • More than one inoperable or missing headlight or taillight. • More than one flat tire. • A missing or inoperable engine or transmission. • A missing wheel, tire, body panel, door, hood or other obvious body part, not including a bumper. • A missing license plate. • A license plate that has been invalid for more than 60 days. • A missing driver -side mirror. • Evidence that the vehicle has not been moved in at least 60 days. The definition does not include special-interest vehicles, vehicles undergoing active restoration, farm machinery, or prominently displayed ornamental machinery. There's a junk vehicle on my neighbor's property. Is there anything Thurston County can do about it? Enforcement of the county junk vehicle law is done on a complaint basis. After a complaint is received, an enforcement officer visits a home or location and determines if the vehicle qualifies as "junk/hulk." The property owner is notified and required to remove the vehicle. If the property owner fails to remove the vehicle(s), a civil infraction may be issued. To report a junk vehicle in unincorporated Thurston County (i.e., not in a city), submit an Investigation Request Form. NCNB 042 Salem, OR Fences Sec. 800.050. - Fences, walls, hedges, gates, and retaining walls. Unless otherwise provided under the UDC, the standards set forth in this section shall apply to fences, walls, hedges, gates, and retaining walls in all zones. Where screening is required under the UDC in the form of a fence, wall, or hedge, it shall meet the standards set forth in SRC chapter 807, in addition to the standards set forth in this section. For purposes of this section, the term "front yard" means that portion of a lot located between the front property line and a line parallel to the front property line extended from the wall of the main building lying at the greatest distance from the front property line. (a) Location, height, and density. Fences, walls, hedges, gates, and retaining walls shall comply with the location, height, and density standards set forth in this subsection. (1) Fences and walls. (A) Residential zones and property used for uses falling under household living in other zones. Fences and walls within residential zones, or on property used for uses falling under household living in other zones, shall not exceed a maximum height of eight feet; provided, however: (i) Front yard abutting street. Fences and walls within a front yard abutting a street shall not exceed a maximum height of four feet when located within 20 feet of the property line abutting the street; provided, however, within ten feet of the property line abutting the street any portion of the fence or wall above 30 inches in height shall be less than 25 percent opaque when viewed at any angle at a point 25 feet away from the fence or wall. (ii) Side and rear yards abutting street. Fences and walls within a side or rear yard abutting a street shall not exceed a maximum height of six feet when located within ten feet of a property line abutting a street. (B) Nonresidential zones. Except for fences and walls on property used for uses falling under household living, fences and walls within nonresidential zones shall not exceed a maximum height of 12 feet; provided, however: (i) Front, side, and rear yards abutting street. Fences and walls within a front, side, or rear yard abutting a street shall not exceed a maximum height of eight feet when located within ten feet of a property line abutting a street; provided, however, any portion of the fence or wall above 30 inches in height shall be less than 25 percent opaque when viewed at any angle at a point 25 feet away from the fence or wall. (2) Hedges. There is no maximum height limitation for hedges; provided, however, where a hedge is located within ten feet of a property line abutting a street, any portion of the hedge more than 30 inches in height shall be less than 25 percent opaque when viewed at any angle at a point 25 feet away from the hedge. NCNB 043 (3) Gates. Where a gate is part of a fence, wall, or hedge it shall conform to the height limitations applicable to fences and walls set forth under SRC 800.050(a)(1). Gates shall not swing open onto a public right-of-way or vehicle or pedestrian easement. (4) Retaining walls. Retaining walls shall not exceed a maximum height of four feet when located at the property line abutting a street. Retaining walls not located at the property line abutting a street may exceed four feet in height. (b) Vision clearance. Notwithstanding any other provision of this section, fence, walls, hedges, gates, and retaining walls shall conform to the vision clearance requirements of SRC chapter 805. (c) Material. (1) Fences. Fences shall be constructed of materials specifically designed and manufactured for fencing purposes, including, but not limited to, wooden pickets, vinyl, wrought iron, and chainlink fencing, with or without plastic or wood slats. Materials not specifically designed as fencing material, including, but not limited to, corrugated cardboard, corrugated metal, plywood, wooden pallets, garage doors, concrete rubble, and other iunked material, are prohibited. Chicken wire may be used within the Residential Agriculture (RA) Zone if used to raise livestock. Fencing for raising livestock in other zones may be replaced if the use was an allowed use on the property prior to December 31, 2002. Fencing used for the establishment and protection of vegetation is permitted for a period not to exceed six months. (2) Walls. Walls shall be constructed of materials specifically designed and manufactured for use as walls, including, but not limited to, masonry, rock, concrete, concrete block, or other similar material. (d) Hazardous materials. Fences and walls shall not be constructed of or contain any material which will do bodily harm, such as electric or barbed wire, upturned barbed selvage, broken glass, spikes, or any other hazardous or dangerous material, except as follows: (1) Concertina wire. Concertina wire is permitted around state and county correctional facilities and secure mental health facilities. (2) Barbed wire and upturned barbed selvage. (A) Location. Barbed wire and upturned barbed selvage is permitted within the following locations: (i) Any zone where the fence will be used to enclose livestock; and NCNB 044 (ii) The Retail Commercial (CR) and General Commercial (CG) Zones, and any industrial or public zone. (B) Standards. Where allowed as set forth this subsection, barbed wire or upturned barbed selvage shall comply with the following additional standards: (i) Enclosure of livestock. Fences with barbed wire or upturned barbed selvage enclosing livestock shall be clearly posted with warning signs notifying persons of a dangerous fence. The signs shall be posted at an interval of not less than 15 feet. (ii) CR and CG zones; industrial and public zones.Fences with barbed wire or upturned barbed selvage located within a Retail Commercial (CR) or General Commercial (CG) Zone, or within an industrial or public zone, shall comply with the following: (aa) The barbed wire or upturned barbed selvage shall be located more than six feet above grade; (bb) The barbed wire or upturned barbed selvage shall be setback a minimum of one foot from the public right-of-way, when designed to slant towards the public right-of-way; (cc) The barbed wire or upturned barbed selvage shall not extend over a street or alley; and (dd) The fence shall be clearly posted with warning signs notifying persons of a dangerous fence. The signs shall be posted at an interval of not less than 15 feet. (3) Electric fencing. (A) Location. Electric fencing is permitted within the following locations: (i) Any zone where the fence will be used to enclose livestock; and (ii) Around outdoor storage areas, including vehicle storage areas, for any nonresidential use within any industrial zone. (B) Standards. Where allowed as set forth in this subsection, electric fencing shall comply with the following additional standards: (i) Enclosure of livestock. Electric fencing enclosing livestock shall be clearly posted with warning signs notifying persons of a dangerous fence. The signs shall be posted at an interval of not less than 15 feet. (ii) Outdoor storage areas for nonresidential uses within industrial zones. Electric fencing around outdoor storage areas, including vehicle storage areas, for any nonresidential use with any industrial zone shall comply with the following: NCNB 045 (aa) The fence shall not exceed ten feet in height and shall be completely surrounded by a non -electric fence or wall a minimum of six feet in height. (bb) A minimum one -foot separation shall be maintained between the electric fence and the surrounding non -electric fence or wall. (cc) An electrical permit and inspection shall be obtained prior to installation. (dd) The electric fence shall be listed by a testing laboratory approved by the State, and shall be installed and used in accordance with the testing laboratory listing. (cc) The fence shall be clearly posted with warning signs in English and Spanish notifying persons of a dangerous fence. The signs shall include the statement, "DANGER - ELECTRIC FENCE," or an equivalent, together with a pictorial warning. The signs shall be posted at an interval of not more than 60 feet. (ff) Emergency access. Fire department access shall be provided in accordance with the Salem Fire Prevention Code. An approved method to manually disconnect electrical power to all portions of the fence and gates shall be provided at an exterior location. The method and location of the electrical disconnect shall be approved by the Salem Fire Code Official. (e) Maintenance. Fences and walls shall be structurally maintained in safe condition. Wooden materials shall be protected from rot, decay, and insect infestation, and replaced as necessary. Failure to maintain an electric fence in conformance with the standards set forth in this section shall result in the fence being declared a public nuisance subject to abatement under SRC chapter 50. (Prior Code, § 800.050; Ord. No. 31-13) White Salmon, WA Zoning Ordinance 17.24.025 - Prohibited uses. (Single Family Residential) A. Outside storage of wrecked, dismantled or partially dismantled, inoperable, or unlicensed (vehicle licensing plates and current tabs) and uninsured vehicles. B. Use of mobile homes, trailers, motor homes or campers. C. Parking or storage of industrial or agriculture vehicles and equipment on lots. D. Outside collections of automobile, truck or other motor vehicle parts or paints, fuels, and lubricants. E. Outside accumulations of garbage, trash, household goods, yard trimmings, or other materials which create a public nuisance or fire hazard. F. On premise storage of flammable, toxic, corrosive, or explosive chemicals, gases, or materials other than reasonable amounts of normal household paints, cleaners, solvents, fuels. G. Possession of non -household animals including, but not limited to, horses, cows, sheep, goats, ponies, swine, fowl, and poisonous insects, reptiles kept unless approved by the city. NCNB 047 Everett Chapter 8.22 JUNK AND INOPERABLE MOTOR VEHICLE ABATEMENT Use of Hearing Examiner Sections: .22.010 Title. 8.22.020 Definitions. 8.22.030 Abatement and removal of junk and inoperable motor vehicles from private property. 8.22.040 Violation citation—Issuance—Service. 8.22.050 Hearing. 8.22.060 Repealed. 8.22.070 Repealed. 8.22.080 Order of the violations hearing examiner—Violation. 8.22.090 Removal and disposal—Costs—Liens. 8.22.100 Penalties. 8.22.010 Title. The ordinance codified in this chapter shall be known as the "Junk and Inoperable Motor Vehicle Abatement Ordinance" and may be cited as such. (Ord. 2837-05 § 2, 2005: Ord. 2338-98 § 1, 1998) 8.22.020 Definitions. For the purposes of this chapter, the following words shall have the following meanings: A. "City" means the city of Everett. B. "Code enforcement officer" means a code enforcement officer, the director of code enforcement, or designee. "Code enforcement" and "code compliance" shall have interchangeable meanings. C. "Department" means the Washington State Department of Licensing. D. "Director" means the Director of the Department of Licensing or his designee. E. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. F. "Impound," for purposes of this chapter, means to take and hold a vehicle in legal custody. G. "Inoperable vehicle" means a motor vehicle substantially meeting the following requirements: 1. Not having valid vehicle license and tabs; or 2. Damaged to such extent as to render it illegal for operation on any public highway, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel, or other general conditions that would render a vehicle incapable of being driven on a public highway. H. "Junk vehicle" means a vehicle substantially meeting the following requirements: 1. Is three years old, or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. 1. "Police chief' means the Everett police chief or his designee. J. "Vehicle," for the purposes of this chapter, has the same definition as the definition of "motor vehicle" in RCW 46.04.320 as now or hereinafter enacted. (Ord. 2837-05 § 3, 2005: Ord. 2338-98 § 2, 1998) 8.22.030 Abatement and removal of junk and inoperable motor vehicles from private property. A. All junk and inoperable vehicles placed or situated upon private property within the city limits shall constitute a criminal violation and shall be subject to the penalties as set forth in Section 8.22. 100 of this chapter, and are also public nuisances to be abated as provided in this chapter; provided, however, that this chapter shall not apply to: 1. A vehicle or part thereof that 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 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130; or 3. A vehicle enclosed in an opaque auto cover specifically designed to completely shield the vehicle from view. The cover must be in good condition and must be replaced if it is tom, weather-beaten, or acquires any other defects. Tarps and makeshift covers do not meet the requirement. (Still needs not to be viewed from public streets or properties) B. This section shall apply whether or not permission has been given for the vehicle to be left on the property. (Ord. 2837-05 § 4, 2005: Ord. 2338-98 § 3, 1998) 8.22.040 Violation citation—Issuance—Service. A. A code enforcement officer, the director of code enforcement or his or her designee (hereinafter referred to as "a code enforcement officer") is authorized to issue and serve a violation citation upon reasonable belief that a violation of one or more provisions of this chapter has occurred. B. The violation citation shall be issued to the property owner of record upon which land a vehicle deemed to be in violation of this chapter is located, as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. C. The violation citation may be served by means of personal service, or by mailing a copy of the violation citation to such person at his/her last known address, as determined by the code enforcement officer, by certified mail, with a five-day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. D. The violation citation shall contain substantially the following information: 1. The name and address of the person to whom the citation is issued; 2. The location of the subject property by address or other description sufficient for identification of the subject property; 3. A description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter; 4. A description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid a hearing before the violations hearing examiner; 6. The date and time of the hearing before the violations hearing examiner; 7. A statement that the person(s) to whom the citation is issued may avoid the hearing before the violations hearing examiner by completing the corrective action to be taken by the date set forth in the citation; 8. A statement that if any of the persons to whom the violation citation is issued wish to contest the violation, they must attend the hearing as noted in the violation citation; 9. A statement that if the persons to whom the violation citation is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the owner of the property upon which the vehicle is located or otherwise attempt to collect such costs from the owner of the vehicle; and 10. A statement that the owner of the land upon which the vehicle is located may provide a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial, as provided in Section 8.22.050 of this chapter. (Ord. 2837-05 § 5, 2005: Ord. 2338-98 § 4, 1998) 08.22.050 Hearing Hearings on contested violation citations shall be held in accordance with the provisions set forth in Chapter 1.20 of this code and the violations hearing examiner shall have the same powers as set forth therein. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the violations hearing examiner shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the property owner. (Ord. 2338-98 § 5, 1998) 8.22.060 Monetary penalty. Repealed by Ord. 2837-05. (Ord. 2338-98 § 6, 1998) 8.22.070 Repeat violators. Repealed by Ord. 2837-05. (Ord. 2338-98 § 7, 1998) 8.22.080 Order of the violations hearing examiner—Violation. The order of a violations hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by a code compliance officer. NCNB 049 Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. Thereafter, violation of the terms of a violations hearing examiner's order shall constitute a misdemeanor and a separate misdemeanor shall be committed for each day that an order is violated. (Ord. 2338-98 § 8, 1998) 8.22.090 Removal and disposal—Costs—Liens. A. After notice has been given of the city's intent to dispose of the vehicle and after the hearing has been held, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the Department that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in the manner described in the Washington Model Traffic Ordinance. B. Any registered disposer under contract of the city for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the local authority or the Director. C. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, subject to Section 8.22.050 of this chapter. D. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. E. In addition to, or in lieu of, any other state or local provisions for the recovery of costs, the city may, after removal of a vehicle under this chapter, file for record with the county auditor to claim a lien for the cost of removal and any and all outstanding fines and collection costs, which shall be in substance in accordance with the provision covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such Liens. (Ord. 2338-98 § 9, 1998) 8.22. 100 Penalties. Notwithstanding the imposition of any civil penalties, the violation of any provision of this chapter shall constitute a criminal offense and shall be punishable by a fine of one hundred dollars plus costs. Each day that any person is in violation of any provision of this chapter shall constitute a separate offense and shall be subject to the penalties as set forth herein. (Ord. 2837-05 § 8, 2005: Ord. 2338-98 § 10, 1998) For provisions on the removal of abandoned vehicles from public rights-of-way, see Chapter 46.40 of this code. n` I`.: m. Mi `u e'` H B 050 oto c� C ttee n o Healthy Communities & Neighborhood Building Committee (HCNB) 2nd Floor Conference Room December 13, 2018 Councilmember Kay Funk (chair) Councilmember Jason White Councilmember Kathy Coffey Cliff Moore Joan Davenport Sara Watkins Rosalinda Ibarra Ken Wilkinson Scott Schafer Joseph Calhoun Randy Beehler Joe Caruso Ana Cortez Adrianne Garner (HBCC) John Haddix With a quorum present, Chair Funk called the meeting to order/at 10: Reports from Departments/Commissions Transit Citizen Advisory Committee (TCA) — none Parks & Recreation Commission (P&R) — Wilkinson recapped the topics, discussed at the previous P&R meeting: MLK Pool feasibility study, 201.9 park fees, design for modernization of Franklin and Lions pools, Eagle scout project at Randall :Park; steering committee on pools will meet soon, the committee includes councilmembers White, Gutierrez, and Coffey. White added input he researched about a pool deficit at Westwood Aquatic 'enter in Oklahoma. Historic Preservation Commission (H#,C), — no meeting in December. Staff is working on finalizing the consultant contract documents f`or the Fruit Row grant, Yakima Planning Commission (YPC) —Calhoun, reported the YPC will be having a rezone hearing on January 9th for property on Powerhouse Rd neer '4-0 ' th Avenue (rezone from R-2 to R-3). Bike & Pedestrian Committee (BPC) — the committee will, hold a special meeting in January with stakeholder's and groups interested in establishing a pedestrian plan. Tree City Board (TCB) - Calhoun, reported the board is working on finalizing the report and data for the tree inventory. Community Integration Committee (CIC) — Beehler' reported the CIC received an overview on the 2019 budget report, and, the' HR hiring and -recruiting practices. Following some general discussion abootlhp direction of the Comer ut* 'Integration Committee, Funk requested that the names of the members assignedto`the HCNB be added to the agendas. Yakima Police Athletic League Board (YPAL) — White reported the board is working on a formal Henry Beauchamp Community Center (HBCC) — Adrianne Garner provided information about completed projects and the draft five-year projected plan for the Henry Beauchamp Community Center. She suggested that the funds allocated to the HBCC be utilized for improvements already identified in the` Erickson report from 2016. She also explained the comparison of the utility expenses incurred in 2017 and 2018 YTD. In response to White's inquiry about the maintenance contracts and data of persons served, staff responded they are working on the contracts and the data characteristics for the past three years were sent to staff recently. Brief discussion continued on the financially sustainability of the center. To conclude, Garner extended an invitation to the committee to volunteer at the 291h Annual Community Holiday Dinner event. Homeless Operational Model/Administration — Watkins reported that the County has adopted the homeless operational model however implementation has not been determined yet. In the interim, the County has extended their contract with Yakima Valley Conference of Governments for six months to manage the contracts. Staff will continue to monitor the homeless coalition strategy discussions. And the City Council will eventually have an opportunity to appoint a member as the city's representative to the Executive Committee once it has been established. The Executive Page 1 NCNB 051 Committee will conduct policy level responsibilities. Following additional discussion, it was consensus to change the HCNB agenda item title to "Homeless Program Operations". Moore further reported that Transform Yakima Together and Sunrise Outreach are expected to merge. Affordable/Senior/Low Income Housing — Davenport reported that the Affordable Housing Report was on Council's agenda at their last meeting. The Council directed a study session in the near future; that meeting has not been scheduled. Staff explained how HOME Funds can be utilized, which is to create housing units and available only to CHDO's (Community Housing Development Organizations), such as for the Bicycle Apartments and Veteran Housing projects. Conversation continued about the challenges and options available to improve and increase the availability of affordable housing in the city, including in Opportunity Zones of which there are three recognized areas in Yakima. Further dialogue will continue at the study session ©n this topic. Fair Avenue Traffic Calming Petition — Schafer reported that no petition has been filed for traffic calming measures on Fair Avenue and he noted that Fair Avenue is ciessified as a minor arterial street which would not be considered for speed bumps. White' mentioned that neighbors requested a crosswalk and lights, not speed bumps. Clarificatign •continued about what traffic calming measures consist of. Schafer added that the Safe Refutes toSchool project,may help address pedestrian crosswalks in that area. No further action/from this Committee. Community and Neighborhood Facilities — Schafer noted that the recently formed steering committee on community facilities will meet within the next week. He reiterated White's point about conducting these feasibility studies in order to identify areas of improvement and to provide a roadmap for 20-30 years. This item will remain on the HCNB as a standing agenda item and Coffey or White will provide periodic updates. Approval of Minutes — Coffey motioned, seconded •by White, to approve the 11/8/2018 minutes as presented. Motion carried unanimously. Recap of Deliverables — • Add the Community htegr on represent • Rename "Homeless Operational/Model Ai • Leave "Community and Neighborhood F White reporting • Add item for "Junk Vehicle Regulation • Moore` to provide Erickson I report to m etings • '`Moore to follow-up on auestions abou names to the HCNB agenda tration" to "Homeless Program Operations" s" as standing agenda item; Coffey and/or next month's HCNB agenda munity facilities steering committee and attend maintenance contracts with YPAL and OIC (HBCC) Funk announced interpreter services are available with 48 hour advance notice. White requested additional information for the community facilities steering committee: operating and maintenance expenses, current data that shows number of people served. Audience Participation —,Adrianne Garner spoke about security issues at the Henry Beauchamp Community Center and,,a recently installed surveillance system. Staff advised her to register the security cameras with the CEPTED program at the Yakima Police Department. John Haddix expressed support of clean city efforts and of the International Property Maintenance Code. He encouraged the Committee to review and recommend the adoption of regulations to address junk vehicles on private property in residential districts. He distributed examples of ordinances adopted by several other cities. Mr. Haddix feels that the current code does not enforce the issues with junk vehicles, primarily because there is no clear definition of what constitutes an "inoperable vehicle". He further described a situation with a neighbor who's had an inoperable vehicle for the past eight years and feels that the problem has not been adequately enforced by the city. Following discussion about similar situations, instead of sending this matter to the full Council, Page 2 NCNB 052 the Committee agreed to continue this discussion at the next NCNB meeting to have an opportunity to review the existing ordinance and regulations and receive staff's recommendation on this matter. Watkins requested specificity for staff if further action is necessary. Adjourn — White motioned, seconded by Coffey, to adjourn. Motion carried unanimously. This meeting adjourned at approximately 11:35 a.m. Approved by: Date Approved: Prepared by: Rosalinda Ibarra, Community Development Administrative Assistant. This meetin4was recorded by Y -PAC. Page 3