HomeMy WebLinkAbout09-15-2014 DRAFT
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Council Chambers
110 East Third
September 2, 2014
City Council Members Present by Roll Call: Dick Butner, Jan Schuette, Marilyn Oertle, Chris Raezer,
Debora Nelson, Jesica Stickles, and Randy Tendering
Council Members Absent:
City Staff Present: Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Chris Young, Maxine Jenft,
Sheri Amundson, Paul Ellis, Deana Dean, and Steve Peiffle – City Attorney
Also Known to be Present: Sarah Arney and Kirk Boxleitner
Mayor Tolbert called the meeting to order at 7:00 p.m.
APPROVAL OF THE AGENDA
Chris Raezer moved to approve the Agenda. Debora Nelson seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
CONSENT AGENDA
Chris Raezer moved and Debora Nelson seconded the motion to approve the Consent Agenda which
was unanimously carried to approve the following Consent Agenda items:
1. Minutes of the August 18 and 25, 2014 Council meetings
2. Accounts Payable: EFT Payments & Claim Checks #82583 through #82684 dated August 19,
2014 through September 2, 2014 in the amount of $295,595.76 and EFT Payments and Payroll
Checks #28194 through #28214 dated August 1, 2014 through August 31, 2014 in the amount of
$1,189,578.67
3. Approval of Street Closure of Olympic Avenue for Special Event Taking Steps to Beat Breast
Cancer 5K Walk, October 25, 2014
PUBLIC HEARING
1. 2015-2020 Transportation Improvement Plan:
7:02:03 Public Works Director Jim Kelly spoke briefly of the 6 year Transportation Improvement
Plan
7:03:23 Public Hearing was opened.
7:03:32 No one wishing to speak, the public hearing was closed and opened for council questions
and comments.
7:08:30 Council comments and questions completed, this matter is closed.
Minutes of the Arlington
Cit Council Meetin
Minutes of the City of Arlington City Council Meeting September 2, 2014
Page 2 of 2
2. Amendment to AMC Title 20 to cap the number of Marijuana Producers & Processors:
7:08:36 Building Official Chris Young spoke regarding marijuana producers and processors
applicants in the city
7:09:23 Public Hearing was opened.
7:09:35 No one wishing to speak, the public hearing was closed and opened for council questions
and comments.
7:21:06 Council comments and questions completed, this matter is closed.
NEW BUSINESS
ADMINISTRATOR & STAFF REPORTS
City Administrator Allen Johnson requested Director Jim Kelly address council with TBD and
transportation setbacks.
Allen Johnson requested Director Paul Ellis speak regarding the pulled agenda item on the contract with
Business Fission to analyze Finance Department processes.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Randy Tendering, Jesica Stickles, Debora Nelson, Marilyn Oertle, Jan Schuette, and Dick Butner gave
brief reports while Chris Raezer had nothing to report at this time.
Mayor Tolbert indicated the next Family Resource Center meeting will be on September 18, 2014 at 6:00
pm at the Boys and Girls Club. Mayor Tolbert also indicated she and Paul Ellis met with City of Marysville
officials regarding the Manufacturing Industrial Center, she provided a legislative update, and indicated
that she and Paul Ellis attended the retirement party for Sue Ambler with Workforce.
EXECUTIVE SESSION
Counsel Peiffle announced there would be no need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 7:54 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
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Council Chambers
110 East Third Street
September 8, 2014
Councilmembers Present: Dick Butner, Jan Schuette, Marilyn Oertle, Chris Raezer, Debora Nelson,
Jesica Stickles, and Randy Tendering
Staff Present: Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Jim Kelly, Tom Cooper, Chris
Young, Sheri Amundson, Roxanne Guenzler, Marc Hayes, Debbie Strotz, Deana Dean, and City Attorney
Steve Peiffle.
Council Members Absent: None
Also Known to be Present: Steve Peterson, Jim Rankin, Jacob Kukua, Mike Hopson, Kari Ilonummi,
and Sarah Arney
Mayor Barbara Tolbert called the meeting to order at 7:00 p.m.
Chris Raezer moved to approve the agenda; Marilyn Oertle seconded the motion, which passed with a
unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Presentation of Revised Civil Service Rules
Director of Human Resources and Communications Kristin Banfield and Civil Service Commission Chair
Steve Peterson spoke to the Revised Civil Service Rules. Brief discussion followed.
Interlocal Agreement with Snohomish County for Traffic Control device and street light
maintenance, engineering, and construction services
Public Works Director Jim Kelly spoke to the proposed interlocal agreement with Snohomish County.
This ILA is a renewal agreement that will allow the City to continue to contract with the County for traffic
control device and street light engineering, construction and maintenance services within the City’s
boundaries. Brief discussion followed with Jim answering council questions.
Amendment #2 adding City of Stanwood to the Affordable Housing Alliance
Community and Economic Development Director Paul Ellis spoke regarding the City of Stanwood’s
inclusion in the Affordable Housing Alliance. Paul answered council questions following the discussion.
Professional Service Agreement with AE-COM to assist with site civil review
Public Works Inspector Marc Hayes, Building Official Chris Young, and Paul Ellis spoke to the proposed
professional service agreement with AE-COM which would better serve the needs of the development
processes and customers. Discussion followed with Paul and Marc answering council questions.
Ordinance to amend Title 11 regarding Code Enforcement
Chris Young, Marc Hayes, and Interim Fire Chief Tom Cooper spoke to council regarding the proposed
ordinance on code enforcement. The amendment is necessary to provide the adequate tools to efficiently
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop DRAFT September 8, 2014
Page 2 of 2
enforce the provisions of Title 11. The proposed ordinance is another tool for the All In Campaign to
better manage property maintenance issues in the City of Arlington. Council questions and comments
followed.
Resolution urging the Governor and Legislature to preserve the streamlined sales tax mitigation
distribution to impacted Local Jurisdictions in the 2015-2017 Biennial Budget
Kristin Banfield spoke to the proposed resolution and answered council questions.
Miscellaneous Council Items
Councilmember Jan Schuette provided an update on the Arlington Fire Department 9/11 Memorial.
Councilmember Marilyn Oertle provided a reminder about Art in the Park this weekend, September 13th
and 14th.
Public Comment
Sarah Arney spoke to the Art in the Park event and distributed flyers.
Executive Session
None
Reconvene
Adjournment
The meeting was adjourned at 8:03 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
CA #3
Attachment
B
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Amendment #2 Adding the City of Stanwood to the Affordable Housing Alliance
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Community & Economic Development
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Eleven cities in Snohomish County have formed The Alliance For Affordable Housing.
The goal is to work collaboratively on affordable housing options. This amendment is
to add the City of Stanwood to The Alliance for Affordable Housing.
HISTORY:
Eleven cities in Snohomish County have formed an Interlocal Agreement with The
Housing Authority of Snohomish County (HASCO) to work collaboratively on the
Affordable Housing Plan. The group formed in 2013 and has received additional
funding from the Bill and Melinda Gates Foundation.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to authorize the Mayor to sign Amendment #2 to add the City of Stanwood to
The Alliance for Affordable Housing.
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
C
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Resolution adopting the 2015-2020 Transportation Improvement Plan
ATTACHMENTS:
- 2015-2020 Six Year Transportation Improvement Plan – Project List
- Resolution Six Year Transportation Improvement Plan
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Resolution adopting the 2015-2020 Six Year Transportation Improvement Plan (TIP)
HISTORY:
Attached to this CAB is a copy of the City’s proposed Six Year Transportation
Improvement Plan (TIP) for Council review. In accordance with State Law, every
municipality must annually update their TIP for the following six years. Any road
construction project that is to be considered for Intermodal Surface Transportation
Efficiency Act or Transportation Improvement Board funding must be listed on the TIP.
To be eligible for allocation of ½ -cent gas tax monies, projects must also be listed.
The attached TIP represents projects that the City would like to have completed, or
funded, over the next six years (2015 to 2020). A Public Hearing was held on
September 2, 2014 with no comments received.
ALTERNATIVES
- Remand to staff for additional information
- Table pending further discussion
RECOMMENDED MOTION:
“I move to approve the proposed resolution adopting the City of Arlington 2015-2020
Six Year Transportation Improvement Plan.”
RESOLUTION NO. 2014-xxx
RESOLUTION NO. 2014-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON ADOPTING THE OFFICIAL SIX YEAR TRANSPORTATION
IMPROVEMENT PLAN FOR THE CITY OF ARLINGTON.
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO
RESOLVE:
SECTION 1. That certain comprehensive Transportation Improvement Plan for
the six years commencing July 1, 2015 as detailed in the attached “Exhibit A” is hereby
adopted as the Official Six Year Transportation Improvement Plan for the City of
Arlington.
PASSED at a regular meeting of the City of Arlington, Washington held on the
_________ day of September, 2014.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
ATTEST:
________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
Project
No.Funding 2015 2016 2017 2018 2019 2020 Fund Total
1 Arilington TIF Funds $0
PE $569,040 TBD Funds $675,000 $675,000 $675,000 $675,000 $675,000 $675,000 $4,050,000
ROW $0 WSDOT Funds $0
CN $4,172,960 TIB Grant Funding $0
TOTAL $4,742,000 PSRC/STP Funding $132,000 $185,000 $150,000 $125,000 $100,000 $0 $692,000
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $807,000 $860,000 $825,000 $800,000 $775,000 $675,000 $4,742,000
2 Arilington TIF Funds $25,000 $25,000 $25,000 $25,000 $25,000 $150,000 $275,000
PE $51,000 TBD Funds $0
ROW $0 WSDOT Funds $75,000 $75,000 $150,000
CN $374,000 TIB Grant Funding $0
TOTAL $425,000 PSRC/STP Funding $0
Oso Slide Funds $0
$0
Other Funds $0
SUBTOTAL THIS PROJECT $25,000 $25,000 $100,000 $100,000 $25,000 $150,000 $425,000
3 Arilington TIF Funds $229,500 $229,500
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,700,000 TIB Grant Funding $0
TOTAL $1,700,000 PSRC/STP Funding $1,470,500 $1,470,500
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $1,700,000 $0 $0 $0 $1,700,000
4 Arilington TIF Funds $195,750 $195,750
PE $0 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,450,000 TIB Grant Funding $1,254,250 $1,254,250
TOTAL $1,450,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $1,450,000 $0 $0 $0 $0 $0 $1,450,000
5 Arilington TIF Funds $150,000 $101,250 $101,250 $352,500
PE $74,000 TBD Funds $0
ROW $333,000 WSDOT Funds $0
CN $1,443,000 TIB Grant Funding $200,000 $648,750 $648,750 $1,497,500
TOTAL $1,850,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $350,000 $750,000 $750,000 $0 $1,850,000
173rd St, Phase 2
City of Arlington Six Year Transportation Improvement Plan (2015 - 2020)
Transportation Capital Project
Pavement Preservation Program
Comments: Program to preserve and
maintain existing transportation
infrastructure and systems, funding from
Arlington TBD.
Arlington Trail Construction Program
Comments: Design and construct pedestrian
trails per the City's Trail Plan (non-motorized
transportation facilities).
Comments: Construction of a new road,
173rd Ave, Phase 3.
173rd St, Phase 3
173rd St, Phase 1
Comments: Construction of a new road,
173rd Ave, Phase 1.
Comments: Procurement of ROW and
construction of 173rd Ave, Phase 2.
Arlington 6-year TIP (2015-2020)Page 1 of 4
Project
No.Funding 2015 2016 2017 2018 2019 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2015 - 2020)
Transportation Capital Project
Pavement Preservation Program6 Arilington TIF Funds $123,500 $30,000 $153,500
PE $78,400 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $901,600 TIB Grant Funding $0
TOTAL $980,000 PSRC/STP Funding $826,500 $826,500
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $950,000 $30,000 $980,000
7 Arilington TIF Funds $50,000 $23,625 $113,400 $104,625 $291,650
PE $220,800 TBD Funds $0
ROW $331,200 WSDOT Funds $125,000 $125,000
CN $1,288,000 TIB Grant Funding $0
TOTAL $1,840,000 PSRC/STP Funding $151,375 $726,600 $545,375 $1,423,350
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $50,000 $175,000 $840,000 $775,000 $0 $1,840,000
8 Arilington TIF Funds $500,000 $500,000
PE $3,300,000 TBD Funds $0
ROW $5,280,000 WSDOT Funds $1,500,000 $3,000,000 $7,500,000 $53,500,000 $65,500,000
CN $57,420,000 TIB Grant Funding $0
TOTAL $66,000,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $1,500,000 $3,000,000 $7,500,000 $54,000,000 $0 $0 $66,000,000
9 Arilington TIF Funds $0
PE $132,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $968,000 TIB Grant Funding $0
TOTAL $1,100,000 PSRC/STP Funding $800,000 $800,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $1,100,000 $0 $0 $0 $0 $1,100,000
10 Arilington TIF Funds $0
PE $294,000 TBD Funds $0
ROW $0 WSDOT Funds $100,000 $100,000
CN $2,156,000 TIB Grant Funding $0
TOTAL $2,450,000 PSRC/STP Funding $2,150,000 $2,150,000
Oso Slide Funds $200,000 $200,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $2,450,000 $0 $0 $0 $2,450,000
Smky Pt Blvd/188th St Intersection
211th Pl NE - 67th Ave NE to SR530-59th
WSDOT - SR531; 43rd Ave to 67th Ave
Comments: Install traffic signal, sidewalks,
ADA ramps and widen Smokey Point Blvd to
meet ultimate channelization plan.
Comments: Develop alignment to reroute
211th to SR530 via 59th, design road and
trail, construct frontage road and right-
in/right-out at SR-530
Comments: Project to widen SR-531 (172nd
St) between 43rd Ave and 67th Ave. The
project will entail 5-lane construction with
signalized intersections.
Comments: Installation of Signal and
improvements at SR9/SR530 and Division as
described in the WSDOT SR9 Route
Development Plan
WSDOT - SR530/Burke Signalization
Comments: Installation of Signal at Burke
and SR9 as described in the WSDOT SR9
Route Development Plan
WSDOT - SR530/SR9/Division Signal
Arlington 6-year TIP (2015-2020)Page 2 of 4
Project
No.Funding 2015 2016 2017 2018 2019 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2015 - 2020)
Transportation Capital Project
Pavement Preservation Program11 Arilington TIF Funds $0
PE $171,500 TBD Funds $0
ROW $61,250 WSDOT Funds $0
CN $2,217,250 TIB Grant Funding $0
TOTAL $2,450,000 PSRC/STP Funding $1,900,000 $1,900,000
Oso Slide Funds $100,000 $450,000 $550,000
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $100,000 $2,350,000 $0 $0 $0 $0 $2,450,000
12 Arilington TIF Funds $75,000 $75,000
PE $93,750 TBD Funds $0
ROW $62,500 WSDOT Funds $0
CN $1,093,750 TIB Grant Funding $875,000 $875,000
TOTAL $1,250,000 PSRC/STP Funding $0
Oso Slide Funds $50,000 $50,000
Developer Funded $0
Other Funds $250,000 $250,000
SUBTOTAL THIS PROJECT $0 $0 $1,250,000 $0 $0 $0 $1,250,000
13 Arilington TIF Funds $495,000 $495,000
PE $240,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $1,760,000 TIB Grant Funding $0
TOTAL $2,000,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $1,505,000 $1,505,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $0 $2,000,000 $2,000,000
14 Arilington TIF Funds $35,000 $81,000 $465,750 $581,750
PE $490,200 TBD Funds $0
ROW $408,500 WSDOT Funds $0
CN $3,186,300 TIB Grant Funding $0
TOTAL $4,085,000 PSRC/STP Funding $519,000 $2,984,250 $3,503,250
Oso Slide Funds $0
Developer Funded $0
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $35,000 $600,000 $3,450,000 $4,085,000
15 Arilington TIF Funds $350,000 $350,000
PE $420,000 TBD Funds $0
ROW $0 WSDOT Funds $0
CN $3,080,000 TIB Grant Funding $650,000 $650,000
TOTAL $3,500,000 PSRC/STP Funding $0
Oso Slide Funds $0
Developer Funded $2,500,000 $2,500,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $0 $3,500,000 $0 $3,500,000
Comments: New 2 lane road with SW both
sides. Joint developer & City funded project
using ASD traffic mit funds.
Comments: Widen Smokey Point Blvd to
four lanes and construct frontage
improvements to meet ultimate West
Arlington design stds.
Smokey Point Blvd 200th St NE to SR530
Comments: Widen Sm Pt Blvd to 3-lane road
with improvements (rain garden/trail).
Planning and Coord with Isl Crossing
Development LID.
Comments: Design & construct a new 3 lane
industrial standard road connecting 67th Ave
NE to 204th St NE. Low impact design
204th St Improvements
Comments: Construct a trail along the north
side of 204th St, install signal at 74th St and
reconfigure channelization at 204th St/SR-9
intersection
Smokey Point Blvd 175th PL to 200th St
186th St NE - SR9 to City Limits
Arlington Valley Rd - 67th Ave to 204th St
Arlington 6-year TIP (2015-2020)Page 3 of 4
Project
No.Funding 2015 2016 2017 2018 2019 2020 Fund Total
City of Arlington Six Year Transportation Improvement Plan (2015 - 2020)
Transportation Capital Project
Pavement Preservation Program16 Arilington TIF Funds $250,000 $250,000
PE $979,200 TBD Funds $0
ROW $0 WSDOT Funds $3,000,000 $3,000,000
CN $7,180,800 TIB Grant Funding $0
TOTAL $8,160,000 PSRC/STP Funding $1,500,000 $1,500,000
Oso Slide Funds $0
Developer Funded $3,410,000 $3,410,000
Other Funds $0
SUBTOTAL THIS PROJECT $0 $0 $0 $8,160,000 $0 $0 $8,160,000
$3,882,000 $7,385,000 $14,350,000 $64,685,000 $7,375,000 $6,305,000 $103,982,000
$220,750 $75,000 $503,125 $1,024,650 $785,375 $1,140,750 $3,749,650
$675,000 $675,000 $675,000 $675,000 $675,000 $675,000 $4,050,000
$1,500,000 $3,100,000 $7,675,000 $56,575,000 $125,000 $0 $68,975,000
$1,254,250 $0 $1,075,000 $648,750 $1,298,750 $0 $4,276,750
$132,000 $2,885,000 $3,921,875 $2,351,600 $1,990,875 $2,984,250 $14,265,600
$100,000 $650,000 $250,000 $0 $0 $0 $1,000,000
Developer Funded $0 $0 $0 $3,410,000 $2,500,000 $1,505,000 $7,415,000
$0 $0 $250,000 $0 $0 $0 $250,000
NOTES
1.
2.
PSRC/STP Funding
$ 1 Mil Oso Slide Funds
Other Funding
SR-530 and Smokey Point Intersection
Arilington TIF Funds
TBD Funds
WSDOT Funds
TIB Grant Funding
TOTAL PROJECT COST ESTIMATE
Comments: Design and construction of a
roundabout at the SR530/SPB intersection.
This will be designed in coordination with
WSDOT and Island Crossing developer LID.
Arlington 6-year TIP (2015-2020)Page 4 of 4
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
E
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Professional Services Agreement – AECOM Technical Services, Inc.
ATTACHMENTS:
Professional Services Agreement
DEPARTMENT OF ORIGIN
Community & Economic Development – Marc Hayes & Chris Young
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The Department of Community & Economic Development wish to enter into a
Professional Services Agreement with AECOM for consultant services, whereas,
AECOM will conduct occasional development review services.
HISTORY:
The Department of Community & Economic Development has been utilizing a different
consultant to conduct occasional reviews and staff has determined that AECOM will
better serve the needs of our development processes and our customers.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the Professional Services Agreement with
AECOM Technical Services, Inc.
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
D
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Interlocal Agency Agreement (ILA) with Snohomish County for Signal Maintenance
ATTACHMENTS:
- Signal Maintenance ILA
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Street Fund
LEGAL REVIEW:
DESCRIPTION:
Staff is requesting to renew its agreement with Snohomish County for traffic control device and street
light engineering, construction and maintenance services within the City’s boundaries.
HISTORY:
The City of Arlington does not have the necessary staff or in-house expertise to perform the
necessary engineering analysis, construction, and maintenance activities for the City’s traffic
control signals, pedestrian crossing beacons, or City owned street lights. The City has in the past
contracted with Snohomish County to perform these services through an Interlocal Agency agreement,
however that ILA has expired. This ILA is an agreement that will allow the City to continue to
contract with the County for traffic control device and street light engineering, construction and
maintenance services within the City’s boundaries. Previous expenditures for signal maintenance are:
2011: $ 6,103.00 2013: $ 9,254.00
2012: $ 10,494.00 2014: $ 7,412.00
ALTERNATIVES
- Remand to staff for additional information
- Table pending additional discussion
RECOMMENDED MOTION:
I move to approve the Interlocal Agreement with Snohomish County for signal maintenance and
authorize the mayor to sign the agreement, pending final review by the City Attorney.”
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
F
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Ordinance amending Title 11 of the AMC relating to Enforcement Provisions
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development – Chris Young & Marc Hayes
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Amendment to AMC, Title 11 – Violations and Abatement for Code Enforcement
purposes.
HISTORY:
The amendment is necessary to provide the adequate tools to efficiently enforce the
provisions of Title 11. The proposed ordinance is another tool for the All In
Campaign to better manage property maintenance issues in the City of Arlington.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the proposed ordinance amending AMC Title 11—Violations and
Abatement for Code Enforcement.
ORDINANCE NO. 2014-XXX 1
ORDINANCE NO. 2014--XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 11
REGARDING ENFORCEMENT OF CITY REGULATIONS
WHEREAS, the City of Arlington, Washington has the authority to enact laws to protect
citizens and visitors to the City; and
WHEREAS, the City Council believes it is in the best interests of its citizens to amend
certain provisions of the City enforcement code as it relates to code enforcement processes and
procedures;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 11.01.010 shall be and hereby is amended
to read as follows:
11.01.010 Purpose.
The enforcement of the city of Arlington regulations throughout the city is an
important public service. Code enforcement is vital to protection of the public's
health, safety and quality of life. It is the policy of the City of Arlington to
emphasize code compliance by education and prevention as a first step. This
policy is designed to ensure code compliance, timely action, and uniformity in its
implementation. While warnings and voluntary compliance are desirable as a first
step, enforcement up to and including civil and criminal penalties should be used
as needed to assure and effect code compliance. Abatement or remediation should
be pursued when appropriate and feasible. Uniform and efficient procedures, with
consistent application tailored by regulation should be used to accomplish this
policy.
This chapter will establish an efficient system to enforce the regulations
identified in 11.01.020(16) of the city of Arlington, to provide an opportunity for
a prompt hearing on alleged violations of such regulations, to establish monetary
penalties for violations as authorized by RCW 35A.11.020, and to establish a
standard procedure to be used by the city to abate unsafe or unlawful conditions.
It is not the intent of this chapter to empower any city employee or official to
initiate complaints within the city limits. The complaint process shall be initiated
by citizens within the city of Arlington. However, this shall not preclude any
employee or official of the city during their normal course of duty from filing a
ORDINANCE NO. 2014-XXX 2
complaint with code enforcement should they witness any act that is illegal, a
threat to health or safety, or which causes damage to or jeopardizes the integrity
or functionality of city infrastructure.
All complaints filed by city employees or officials shall be subject to the
same process as any citizen generated complaint.
Section 2. Arlington Municipal Code section 11.01.020 shall be and hereby is amended
to read as follows:
11.01.020 Definitions.
As used in this chapter, unless a different meaning is plainly required:
(1) "Abate" means to repair, replace, remove, destroy or otherwise remedy a
condition which constitutes a code violation by such means, in such a manner and
to such an extent as the code enforcement official determines is necessary in the
interest of the general health, safety and welfare of the community.
(2) "Act" means doing or performing something.
(3) "Applicable department director" means the director of a department, or his or her
designee, empowered by ordinance or by the city administrator to enforce an
ordinance or regulation.
(4) “Civil Infraction Case” means a proceeding, other than a traffic infraction,
initiated in the court pursuant to an ordinance that authorizes offenses to be
punished as infractions.
(5) "Code enforcement official" means the individual empowered to compel
compliance to be gained with those laws, regulations and permits over which the
city has authority.
(6) “Court” means the Marysville Municipal Court.
(7) “Defendant” means a person named in a notice of infraction.
(8) "Emergency" means a situation which, in the opinion of the applicable department
director and/or code enforcement official, requires immediate action to prevent or
eliminate a threat to the health, life or safety of persons or property or harm to the
environment.
(9) "Hearing examiner" means a hearing examiner appointed by the city.
(10) “IRLJ” means the current edition of the “Infraction Rules for Courts of Limited
Jurisdiction” as published by the state Supreme Court.
(11) “Notice of Infraction” means a document initiating a civil infraction case when
issued and filed pursuant to this chapter.
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(12) "Omission" means a failure to act.
(13) "Person" means any individual, firm, association, partnership, corporation or any
entity, public or private.
(14) "Person responsible for the violation" means any person who is required by an
applicable regulation or permit condition to comply therewith, or who commits
any act or omission which is a violation or causes or permits a violation to occur
or remain upon property in the city.
(15) "Proper credentials" means identification cards issued by the city to its
employees.
(16) "Regulation" means and includes all ordinances, standards, regulations or
procedures enforced by the city, and the terms and conditions of any permit or
approval issued by the city, or any contractual agreement with the city. Traffic
infractions pursuant to Arlington Municipal Code Title 10 are not considered
violations subject to the provisions of this chapter.
(17) "Repeat violation" means a violation of the same regulation in any location by the
same person for which compliance previously has been sought within two years
or a notice of violation has been issued within two years.
(18) "Violation" means an act or omission contrary to a law, regulation or permit
condition.
(19) "Written complaint" means a complaint received by the city from an aggrieved
person alleging that a violation of a regulation has occurred or may occur.
Section 3. Arlington Municipal Code section 11.01.050 shall be and hereby is amended
to read as follows:
11.01.050 Citizen complaint process.
(a) Complaint Filed. On forms, electronic or otherwise, provided by the city, any
aggrieved person may file a written complaint with a department director alleging
that a violation of a regulation has occurred or may occur. Each complaint shall
state fully the cause and basis for the complaint and shall be filed with the
appropriate department director.
(b) Complaint Process Does Not Apply. The citizen complaint process shall not apply
to actions for which there are specific administrative and/or judicial appeals
provided for in any regulation.
(c) Investigation of Complaint. The department director or code enforcement official
shall investigate the complaint and determine the validity of the complaint.
(d) Complaint Found To Be Valid. If the complaint is found to be valid the
department director or code enforcement official shall proceed with the correction
ORDINANCE NO. 2014-XXX 4
of the violation pursuant to this chapter, and the complainant shall become a party
of record to the proceedings.
(e) Complaint Found To Be Invalid. If the complaint is found to be invalid, the
department director or code enforcement official shall provide to the complainant
written notice of his decision. The notice shall be mailed to the complainant via
first class and certified (return receipt requested) mail. After three invalid
complaints no further complaints on the same issue will be investigated.
(f) Appeal of Department Director Decision.
(1) Any complainant who disagrees with the department director or code
enforcement official's decision may appeal this decision by making
application on forms provided by the city for a hearing before the hearing
examiner, and pay the required fees as set by resolution.
(2) The person appealing the director or code enforcement official's decision
shall have the burden of demonstrating that the violation has occurred or may
occur.
(3) If the complaint was filed by a member of the staff of the city, the
complainant shall appeal this decision to the city administrator, whose
decision shall be final.
(g) Appeal Application. The application for an appeal hearing shall include the
following information:
(1) The name and address of the person responsible for the alleged violation;
(2) The street address or a description sufficient for identification of the
building, structure, premises or land upon or within which the alleged
violation has occurred or is occurring;
(3) A description of the alleged violation and a reference to the law,
regulation or permit condition that has been allegedly violated;
(4) Payment of the hearing examiner fee; and
(5) The name and address of the complainant.
(h) Scheduling of Appeal Hearing. Upon receiving an appeal application, the
department director and/or code enforcement official shall schedule a hearing
before a hearing examiner within sixty days. Notification of the hearing shall be
made to both the complainant and the person(s) allegedly responsible for the
violation not less than twenty days prior to the hearing by certified mail, return
receipt requested.
(i) Hearing Procedure. The hearing examiner shall conduct a hearing on the violation
pursuant to the rules of procedure of the hearing examiner. The applicable
department director, the code enforcement official, the complainant and the
person to whom the notice of violation was directed may participate as parties in
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the hearing and each party may call witnesses. The determination of the
applicable department director as to the validity of the complaint shall be
accorded substantial weight by the hearing examiner in determining the
reasonableness of determination.
(j) Decision of the Hearing Examiner.
(1) The hearing examiner shall determine whether the appellant has
established by a preponderance of the evidence that a violation has occurred.
(2) Assessment of Monetary Penalty. The hearing examiner has the authority
to award costs and expenses to the prevailing party and the city. If the hearing
examiner determines there is a violation, the applicable department director
shall pursue correction of the violation as provided in this code.
(3) Notice of Decision. The hearing examiner shall mail a copy of the
decision to the appellant and to the applicable department director, the code
enforcement official and all parties of record, within ten working days of the
hearing.
(4) Failure to Appear. If the appellant fails to appear at the scheduled hearing,
the hearing examiner will enter an order finding that the department director's
decision was valid and assessing the cost of the hearing against the appellant.
(5) Appeal to Superior Court. An appeal of the hearing examiner's decision
must be filed with the Snohomish County superior court within twenty
calendar days from the date the hearing examiner's decision was mailed to the
appellant by filing a writ of review, or is thereafter barred.
Section 4. Arlington Municipal Code section 11.01.060 shall be and hereby is amended
to read as follows:
11.01.060 Voluntary correction.
(a) Applicability. This section applies whenever the applicable department director
determines that a violation of a regulation has occurred or is occurring.
(b) General. The applicable department director shall pursue a reasonable attempt to
secure voluntary correction by attempting to contact the person responsible for the
violation, explaining the violation and requesting correction.
(c) Issuance of Voluntary Correction Agreement. A voluntary correction agreement
may be entered into between the person responsible for the violation and the city,
acting through the applicable department director.
(1) Content. The voluntary correction agreement is a contract between the city
and the person responsible for the violation in which such person agrees to
abate the violation within a specified time and according to specified
conditions. The voluntary correction agreement shall include the following:
ORDINANCE NO. 2014-XXX 6
(A) The name and address of the person responsible for the violation;
(B) The street address or a description sufficient for identification of
the building, structure, premises or land upon which or within which the
violation has occurred or is occurring;
(C) A description of the violation and a reference to the provision(s) of
the ordinance, regulation or permit which has been violated;
(D) The necessary corrective action to be taken, and a date and time by
which the corrective action must be completed (a list of necessary
corrections to bring the property into compliance and a deadline or
specific date to correct the violations listed in the notice of violation);
(E) Reference to the potential consequences should the property
remain in violation after the expiration of the compliance deadline
including, but not limited to, criminal prosecution, civil injunction,
administrative abatement, civil penalties, revocation of permits,
recordation of the notice of violation and withholding of future
municipal permits;
(F) An agreement by the person responsible for the violation that the
city may abate the violation and recover its costs and expenses and/or a
monetary penalty pursuant to this chapter from the person responsible for
the violation if terms of the voluntary correction agreement are not met;
and
(G) An agreement that by entering into the voluntary correction
agreement the person responsible for the violation waives the right to an
appeal of the required corrective action.
(2) Right to a Hearing Waived. The person responsible for the violation
waives the right to an appeal of the required corrective action upon entering
into a voluntary correction agreement.
(3) Extension—Modification. An extension of the time limit for correction or
a modification of the required corrective action may be granted by the
applicable department director if the person responsible for the violation has
shown due diligence and/or substantial progress in correcting the violation
but unforeseen circumstances not caused by the person responsible render
correction under the original conditions unattainable.
(4) Abatement by the City. The city may abate the violation in accordance
with Section 11.01.090 if the terms of the voluntary correction agreement are
not met.
(5) Collection of Costs. If the terms of the voluntary correction agreement are
not met, the person responsible for the violation shall be assessed a monetary
penalty commencing on the date set forth correction and thereafter, in
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accordance with Section 11.01.070, plus all costs and expenses of abatement,
as set forth in 11.01.090.
Section 5. Arlington Municipal Code section 11.01.070 shall be and hereby is amended
to read as follows:
(a) Issuance.
(1) If after investigation, the Code Enforcement Official has probable
cause to believe that the applicable standards or requirements of the Arlington
Municipal Code have been violated, the Code Enforcement Official may issue a
civil infraction in accordance with Chapter 7.80 RCW, which is incorporated
herein by this reference, upon the owner, tenant, occupier, manager, agent or
other person responsible for the condition.
(b) Monetary Penalties – Restitution
(1) The maximum penalty and the default amount for a class 1 civil
infraction shall be two hundred fifty dollars, not including statutory assessments.
(2) The maximum penalty and the default amount for a class 2 civil
infraction shall be one hundred twenty-five dollars, not including statutory
assessments.
(3) The maximum penalty and the default amount for a class 3 civil
infraction shall be fifty dollars, not including statutory assessments.
(4) The maximum penalty and the default amount for a class 4 civil
infraction shall be twenty- five dollars, not including statutory assessments.
Section 6. Arlington Municipal Code section 11.01.080 shall be and hereby is amended
to read as follows:
11.01.080 Notice of violation and hearing procedures.
(a) Issuance.
(1) When the applicable department director determines that a violation has
occurred or is occurring and is unable to secure voluntary correction pursuant
to Section 11.01.060, the department director shall then refer the alleged
violation to the code enforcement official.
(2) Alternatively, after investigation of the complaint the code enforcement
official may issue a notice of violation to the owner, tenant, occupier,
ORDINANCE NO. 2014-XXX 8
manager, agent or other person responsible for the violation.in lieu of a notice
of infraction.
(3) The code enforcement official may issue a notice of violation without
having attempted to secure voluntary correction as provided in Section
11.01.060 under the following circumstances:
(A) When an emergency exists;
(B) When a repeat violation occurs;
(C) When the violation creates a situation or condition which cannot be
corrected; or
(D) When the person knows or reasonably should have known that the
action is in violation of an ordinance, regulation or permit condition.
(b) Content. The notice of violation shall include the following information:
(1) The name and address of the person responsible for the violation;
(2) The street address or a description sufficient for identification of the
building, structure, premises or land upon or within which the violation
has occurred or is occurring;
(3) A description of the violation and a reference to the provision(s) of the
ordinance, regulation or permit condition 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 in accordance with Section 11.01.090;
(5) A description of the process to request an appeal hearing before the
hearing examiner which will be at least ten days from the date the notice
of violation is issued; and
(6) A statement that the costs and expenses of abatement incurred by the city
pursuant to Section 11.01.090 and a monetary penalty in an amount per
day for each violation as specified in Section 11.01.080(e) may be
assessed against the person to whom the notice of violation is directed as
specified.
(c) Service of Notice. The code enforcement official shall serve the notice of
violation upon the person to whom it is directed, either personally or by
mailing a copy of the notice of violation to such person at their last known
address by certified mail, return receipt required. If the person to whom it is
directed cannot after due diligence be personally served within Snohomish
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 violation
conspicuously on the affected property or structure. Proof of service shall be
made by a written declaration under penalty of perjury executed by the
ORDINANCE NO. 2014-XXX 9
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) Extension. No extension of the time specified in the notice of violation for
correction of the violation may be granted, except by order of the hearing
examiner.
(e) Monetary Penalty. The monetary penalty for each separate violation per
day or portion thereof shall be as follows:
(1) First day of each violation: one hundred dollars;
(2) Second day of each violation: two hundred dollars;
(3) Third day of each violation: three hundred dollars;
(4) Fourth day of each violation: four hundred dollars;
(5) Each additional day of each violation beyond four days: five hundred
dollars per day.
(f) Continued Duty to Correct. Payment of the monetary penalty does not
relieve the person to whom the notice of violation was issued of the duty to
correct the violation.
(g) Collection of Monetary Penalty.
(1) The monetary penalty constitutes a personal obligation of the person to
whom the notice of violation is directed. Any monetary penalty assessed
must be paid to the city at the Arlington City clerk's office within ten
calendar days from the date of mailing of the hearing examiner's decision
or a notice from the city that penalties are due.
(2) The city attorney or his/her designee is authorized to take appropriate
action to collect the monetary penalty.
(h) Hearings. A person to whom a notice of violation is issued may request an
appeal hearing before the hearing examiner not more than ten calendar days
after the notice of violation is issued. The code enforcement official may also
request a hearing before the hearing examiner.
(i) Scheduling of Appeal Hearing. Upon receiving an appeal application the
code enforcement official shall schedule a hearing before a hearing examiner
within sixty days. Notification of the hearing shall be made to the person(s)
allegedly responsible for the violation not less than twenty days prior to the
hearing by certified mail, return receipt requested.
(j) Prior Correction of Violation. The hearing will be cancelled and no
monetary penalty will be assessed if the applicable department director
ORDINANCE NO. 2014-XXX 10
approves the completed required corrective action at least forty-eight hours
prior to the scheduled hearing.
(k) Hearing Procedure. The hearing examiner shall conduct a hearing on the
violation pursuant to the rules of procedure of the hearing examiner. The
applicable department director, the code enforcement official and the person
to whom the notice of violation was directed may participate as parties in the
hearing and each party may call witnesses. The city shall have the burden of
proof to demonstrate by a preponderance of the evidence that a violation has
occurred and that the required corrective action is reasonable. The
determination of the applicable department director 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.
(l) Decision of the Hearing Examiner.
(1) 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, vacate or
modify the city's decisions regarding the alleged violation and/or the
required corrective action with or without written conditions.
(2) The hearing examiner shall issue an order to the person responsible for the
violation, which contains the following information:
(A) The decision regarding the alleged violation including findings of
fact and conclusions based thereon in support of the decision;
(B) The required corrective action;
(C) The date and time by which the correction must be completed;
(D) The monetary penalties assessed based on the criteria in Section
11.01.080(l); and
(E) The date and time after which the city may proceed with abatement
of the unlawful condition if the required correction is not completed.
(3) Assessment of Monetary Penalty. Monetary penalties assessed by the
hearing examiner shall be in accordance with the monetary penalty
schedule in Section 11.01.080(e).
(A) The hearing examiner shall have the following options in assessing
monetary penalties:
(i) Assess monetary penalties beginning on the date the notice of
violation was issued and thereafter;
(ii) Assess monetary penalties beginning on the correction date
set by the applicable department director or an alternate
correction date set by the hearing examiner and thereafter; or
ORDINANCE NO. 2014-XXX 11
(iii) Assess no monetary penalties.
(B) In determining the monetary penalty assessment, the hearing
examiner shall consider the following factors:
(i) Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation;
(ii) Whether the person failed to appear at the hearing;
(iii) Whether the violation was a repeat violation;
(iv) Whether the person showed due diligence and/or
substantial progress in correcting the violation;
(v) Whether a genuine code interpretation issue exists; and
(vi) Any other relevant factors.
(C) The hearing examiner may double the monetary penalty schedule
if the violation was a repeat violation. In determining the amount
of the monetary penalty for repeat violations, the hearing
examiner shall consider the factors set forth in subsection
(1)(3)(B) of this section.
(4) Notice of Decision. The hearing examiner shall mail a copy of the
decision to the appellant and to the applicable department director, the code
enforcement official and all parties of record, within ten working days of the
hearing.
(5) Failure to Appear. If the person to whom the notice of violation was issued
fails to appear at the scheduled hearing, the hearing examiner will enter an
order finding that the violation occurred and assessing the appropriate
monetary penalty and assessing all costs associated with enforcing the
hearing examiner's order, plus the cost of the hearing and any monetary
penalty from that person.
(6) Appeal to Superior Court. An appeal of the hearing examiner's decision
must be filed with the Snohomish County superior court within twenty
calendar days from the date the hearing examiner's decision was mailed to the
person to whom the notice of violation was directed, or is thereafter barred.
Any person to whom the notice of violation was issued and who failed to
appear before the hearing examiner shall have waived their right to file an
appeal.
Section 7. Arlington Municipal Code section 11.01.090 shall be and hereby is amended
to read as follows:
ORDINANCE NO. 2014-XXX 12
11.01.090 Abatement by the city.
(a) Abatement by the City. The city may abate a condition which was caused by or
continues to be a violation when:
(1) The terms of voluntary correction agreement pursuant to Section
11.01.060 have not been met;
(2) A notice of violation has been issued pursuant to Section 11.01.080 and
the required correction has not been completed by the date specified in the
notice of violation;
(3) A hearing examiner's order has been issued pursuant to Section 11.01.080
and the required correction has not been completed by the date specified in
the hearing examiner's order; or
(4) The condition is subject to summary abatement as provided for in Section
11.01.090(b).
(b) Summary Abatement. Whenever any violation of a regulation causes a condition
the continued existence of which constitutes an immediate and emergency threat
to the public health, safety or welfare or to the environment, the city may
summarily and without prior notice abate the condition. Notice of such abatement,
including the reason for it shall be given to the person responsible for the
violation as soon as reasonably possible after the abatement.
(c) Authorized Action by the City. Using any lawful means, the city may enter upon
the subject property and may remove or correct the condition which is subject to
abatement. The city may seek such judicial process as it deems necessary to effect
the removal or correction of such condition.
(d) Recovery of Costs and Expenses. The costs, including 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
occupy the property and shall become due and payable to the city at the city
clerk's office within ten calendar days from mailing by the city of billing, which
shall be mailed certified mail return receipt requested. The term "incidental
expenses" shall include, but not be limited to, personnel costs, both direct and
indirect, including attorney's 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 contracts, and in accomplishing and/or
contracting and inspecting the work; and the costs of any required printing and
mailing.
(e) Tax Lien – Authorized. The City shall have a lien for any monetary penalty
imposed, the cost of any abatement proceedings under AMC 11.01, and all other
related costs including attorney and expert witness fees, against the real property
on which the monetary penalty was imposed or any of the work of abatement was
ORDINANCE NO. 2014-XXX 13
performed. Upon certification by the City of Arlington Finance Director, within
ninety (90) days from the date any civil penalty, civil fine, abatement cost or
enforcement cost is due pursuant to this title, shall file a lien with the Snohomish
County Auditor’s Office against the real property of the person responsible for the
civil code violation.
(f) Interference. No person shall obstruct, impede or interfere with the city or its
agents, or with any person who owns or holds any interest or estate in any
property, in performing any acts necessary to correct the violation.
Section 8. Arlington Municipal Code section 11.01.100 shall be and hereby is amended
to read as follows:
11.01.100 Additional enforcement procedures.
(a) Criminal Violations—Misdemeanors and Infractions. It shall be unlawful for any
person to violate any provision or to fail to comply with any of the requirements
of this chapter. A violation of any of the provisions or failing to comply with any
of the mandatory requirements of this chapter shall constitute a misdemeanor;
except that notwithstanding any other provision of the code, any such violation
constituting a misdemeanor under this chapter may, in the discretion of the city
attorney, be charged and prosecuted as an infraction. Any person found to have
committed a misdemeanor under the provisions of this code, unless provision is
otherwise herein made, shall be punishable by a fine of not more than one
thousand dollars or by imprisonment for a period of not more than six months or
by both fine and imprisonment. Any person found to have committed an
infraction under the provisions of this code, unless provision is otherwise herein
made, shall be punishable by a fine not exceeding two hundred fifty dollars and
for a second conviction or any subsequent conviction within a period of one year,
by a fine not exceeding five hundred dollars.
Each such person shall be charged with a separate offense for each and every
day during any portion of which any violation of any provision of this code is
committed, continued or permitted by such person and shall, upon conviction, be
punished accordingly.
(b) Civil Violations—Injunctions and Civil Penalties.
(1) In addition to any other remedy provided by this code, any provision of
this code may be enforced by injunction issued by the superior court upon a
suit brought by the city.
(2) As part of a civil action filed to enforce provisions of this code, a court
may assess a maximum monetary penalty of two thousand five hundred
dollars per violation of the regulations for each day during which any person
ORDINANCE NO. 2014-XXX 14
commits, continues, allows or maintains a violation of any provision of these
regulations.
(c) The provisions of this chapter are not exclusive, and may be used in
addition to other enforcement provisions authorized by the Arlington
Municipal Code except as precluded by law.
Section 9. Arlington Municipal Code section 11.01.110 shall be and hereby is amended
to read as follows:
11.01.110 Public nuisances—Public health, safety and welfare nuisances.
Each of the following conditions, unless otherwise permitted by law, is
declared to constitute a public nuisance due to the presence of a threat to public
health, safety and welfare, and/or they have been found to adversely affect
property values. Whenever the code enforcement official determines that any of
these conditions exist upon any premises, whether residential, commercial or
industrial, in or along any lake, river, stream, drainage way or wetlands, the
official may require or provide for the abatement thereof pursuant to this chapter.
(1) Animals.
(A) Except as exempted by subsection (1)(B), the keeping or confining
of any animals, be they mammals, arthropods, reptiles, amphibians, fish
or birds on any premises in such a manner as to pose a threat of injury to
persons, damage to property, excessive or annoying noise or odor, or
would otherwise be detrimental to the health, safety and welfare of
neighboring persons and/or properties, is a public nuisance.
(B) This chapter shall not apply to:
(i) Properly licensed public or private zoos or museums;
(ii) Laboratories and research facilities maintained by scientific or
educational institutions that are otherwise regulated by law;
(iii) Private or commercial activities such as circuses, fairs or
zoological parks that are otherwise regulated by law.
(2) Animal Waste.
(A) It shall be unlawful for the owner or person having charge of any
animal to permit, either willfully or by failure to exercise due care, such
animal to commit a public nuisance by defecating in any area of the city
other than the premises of the owner or person having charge or control
of the animal, unless said owner or person having charge takes
immediate steps to remove and properly dispose of said feces.
ORDINANCE NO. 2014-XXX 15
(B) It shall be unlawful for the owner or person having charge of any
animal to take said animal off of the private property of said person
without having in the possession of the owner or person having charge of
the animal a proper means of disposal for the feces of the animal.
(C) For the purposes of this section, disposal is defined as the removal
of feces by means of a bag, scoop or other device and an eventual
disposal in a trash receptacle or other means of lawful disposal.
(3) Buildings and Structures. A building or structure is a public nuisance
when it presents a threat to the health, safety and welfare of the community
by becoming deteriorated, damaged, in need of repair, left vacant, unsecured,
or any portion of a building or structure is left remaining on a site after the
demolition or destruction of a building, or whenever the building or structure
has been damaged by any natural or man-made disaster, or has become
dilapidated or deteriorated so as to become an attractive nuisance, a harbor
for vagrants or criminals, or enables a person to commit unlawful acts. All
buildings and structures are to be maintained in a condition that does not pose
a threat to the health, safety, or welfare of any person.
(4) Noise.
(A) Unnecessary Noise Prohibited. It is unlawful for any person to
make, continue, or cause to be made or continued any excessive,
unnecessary or unusual loud noise or any noise which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of others.
(B) Limitations on Construction and Development Activity.
(i) General. It is a violation of this chapter to engage in any
residential, commercial construction or development activity or to
operate any heavy equipment before the hours of seven a.m. and after
seven p.m. Monday through Saturday. No construction or
development activity or use of heavy equipment may occur on
Sundays or holidays observed by the city.
(ii) Exception. The building official may grant written permission to
engage in construction or development activity or to operate heavy
equipment after the hours of seven p.m. or before seven a.m. on
Monday through Saturday, or on Sundays or holidays that are
observed by the city if he finds that it will not unreasonably interfere
with any residential use.
(5) Parking, Outside Storage and Repairing of Vehicles in Residential Areas.
(A) Vehicle Parking. The personal, noncommercial outdoor storage of
vehicles and vehicle accessories is permitted provided the following
standards are met:
ORDINANCE NO. 2014-XXX 16
(i) All passenger vehicles including pickup trucks shall be parked in a
designated driveway, parking space (on street adjacent to residence),
carport or garage. Vehicles must be in running condition and display
current license tabs.
(ii) Junk vehicles, or parts thereof, or vehicle maintenance accessories
such as tow dollies, engine pullers, etc., shall not be stored outside
of an enclosed building except in an area which is not visible from
any part of any private property, public streets, highways and
sidewalks.
(iii) Canopies, shells, unmounted campers, dune buggies, ATV's, boats
with or without trailers, motorcycles, etc., shall not be stored in any
yard adjoining a street.
(iv) Storing a vehicle by covering it with a tarp, plastic sheets, or any
item other than a commercially made car or RV cover that is in good
repair is not an acceptable substitute for an enclosed garage.
(v) No residentially zoned property may be used for the purpose of
storing any vehicle intended for commercial use, having more than
two axles, or exceeding seven and one-half feet in width—such as
truck tractor, truck trailer, dump trucks or construction equipment.
(B) Recreational Vehicles. Where a rear yard or a side yard of
sufficient size is reasonably accessible to accommodate a recreation
vehicle, such vehicles shall not be stored in the front yard of a lot. In no
circumstance shall a recreational vehicle be stored in such a way that any
portion of the vehicle encroaches upon a vision clearance area
established by Section 12.12.020 of this code, nor shall a recreational
vehicle be stored on or overhang any public right-of-way.
(C) Parking Trailers, Campers, Motor Homes and Trucks.
(i) No person shall detach and/or park any trailer or camper upon any street
or alley.
(ii) Persons stopping, standing or parking trailers that are attached to
towing vehicles shall abide by all parking regulations as set forth in this
chapter.
(iii) No person shall stand or park a truck, motor home or truck tractor-
trailer combination which has a manufacturer's gross vehicle weight in
excess of sixteen thousand pounds, a length in excess of twenty feet, or a
width in excess of eight feet upon any portion of a street or alley within
any residential zone as defined in the city's Land Use Code, except
when:
a. Property is actively loaded or unloaded from such vehicle; or
ORDINANCE NO. 2014-XXX 17
b. The vehicle is a city vehicle or public utility vehicle providing a
service for the public; or
c. The vehicle is an emergency vehicle; or
d. Such vehicle is currently used at and is located at a specific
location within a residential zone for the purpose of providing
services such as construction, carpentry, plumbing or landscaping to
such residence or location.
(iv) Motor homes may stand or park on a city street in a residential
zone, for a maximum period of seventy-two hours, if no other parking is
available; provided said vehicles do not violate any parking restrictions
(such as posted time zones) and meet all other parking regulations.
(D) Repairing Vehicles. It is the intent of this subsection to prevent
significant and major vehicle repairs in streets and yards. Major
servicing, repairing, assembling, wrecking, modifying, restoring or
otherwise working on any vehicle shall be prohibited within the public
right-of-way. Major servicing, repairing, assembling, wrecking,
modifying, restoring or otherwise working on any vehicle at any
residential premise shall be prohibited if (1) the vehicle is not owned by
an occupant of the residence, or (2) the total of all the above described
work on vehicles exceeds a one-time five-day maximum time frame,
unless such work is conducted within an enclosed permanent structure or
a garage. Such work shall only be done between the hours of seven a.m.
and seven p.m. It is not the intent of this subsection to eliminate, prevent
or restrict property owners from the day-to-day maintenance and minor
repairs of their vehicles in their yards or driveways.
(E) Use of Streets and Alleys. The purpose of city streets and alleys is
to facilitate vehicular and pedestrian travel and provide corridors for
utilities. Those uses that are inconsistent with this purpose are prohibited
unless otherwise approved by the city pursuant to a right-of-way use
permit or parade authorization. No person shall stop, stand or park a
vehicle in violation of this section.
(6) Property Maintenance. The erecting, maintaining, using, placing,
depositing, leaving or permitting to be or remain in or upon any private lot,
building, structure or premises, or in or upon any street, alley, sidewalk, park,
parkway or other public or private place in the city any one or more of the
following disorderly, disturbing, unsanitary fly-producing, rat-harboring,
disease-causing places, conditions or things is declared to be a public
nuisance.
(A) Any putrid, unhealthy or unwholesome bones, meat, hides, skins,
the whole or any part of any dead animal, fish or fowl, or waste parts
of fish, vegetable or animal matter in any quantity; except, that
ORDINANCE NO. 2014-XXX 18
nothing in this chapter shall prevent the temporary retention of waste
in covered receptacles approved by the Snohomish County Health
District;
(B) Any privies, portable toilets, vaults, cesspools, sumps, pits or like
places;
(C) Any filthy, littered or trash-covered dwellings, cellars, house yards,
barnyards, stable yards, factory yards, vacant areas in the rear of
stores, vacant lots, houses, buildings or premises;
(D) Any animal manure in any quantity which is not securely protected
from flies or weather conditions, or which is kept or handled in
violation of any ordinance of the city, county or state;
(E) Any poison oak or poison ivy, Russian thistle or other plant listed
on the state noxious weed list, whether growing or otherwise;
(F) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire,
metal articles, bric-a-brac, broken stone or cement, broken crockery,
broken glass, broken plaster and all such trash or abandoned material;
(G) Any trash, litter, rags, accumulations of empty barrels, boxes,
crates, packing cases, mattresses, bedding, excelsior, packing hay,
straw or other packing materials, lumber, scrap iron, tin or other
metal, or anything whatsoever in which flies or rats may breed or
multiply or which may be a fire hazard;
(H) Any litter, refuse, rubbish or garbage, furniture, or appliances or
potentially dangerous machines;
(I) The existence or maintenance on any premises of a storage area,
junkyard or dumping ground for the wrecking or disassembling of
automobiles, trucks, trailers, house trailers, boats, tractors or other
vehicles or machinery of any kind, or for the storing or leaving of
worn out, wrecked, inoperative or abandoned automobiles, trucks
trailers, house trailers, boats, tractors or other vehicle or machine or
any major parts thereof, unless otherwise permitted by the city by a
valid land use permit;
(J) The existence or maintenance of graffiti or other defacement of
public and private property, including walls, rocks, bridges, buildings,
fences, gates, vehicles, signs road surfaces and other structures, trees,
and all other real and personal property within the city;
(K) The existence of any fence or other structure or thing on private
property abutting or fronting upon any public street, sidewalk or place
which is in a sagging, leaning, fallen, decayed or other dilapidated or
unsafe condition;
ORDINANCE NO. 2014-XXX 19
(L) Open and abandoned ground cavities, unfilled wells, pits,
basements, vaults, cesspools, foundations, mines, caves or other
cavities which have been abandoned or are no longer used for the
purpose for which constructed, which pose a danger to life and health
are declared to be a public nuisance;
(M) Fences, walls, hedges, or retaining walls kept in an unsafe
condition or that is not structurally sound. Fences shall be maintained
so that they do not constitute a hazard, blight, or condition of
disrepair, graffiti-covered, leaning, missing slats or blocks, sagging,
fallen, decayed, rotting, damaged or peeling paint. Also, fencing with
materials not originally intended as fencing, such as discarded or
mismatched pieces or wood or other materials, corrugated metal or
plastic sheets, pipe, tires, bedsprings, or other similar materials;
(N) Any icebox, refrigerator, deep freeze or other container that has an
airtight door or lid, snap lock or other automatic locking device that
may not be released from the inside and that is permitted to remain
outside or within any unoccupied or abandoned building, dwelling,
other structure or in a place accessible to children;
(O) The existence of any drainage onto or over any sidewalk, public
pedestrian way, or street or other public rights-of-way other than
through an approved drainage channel or recognized natural water
course;
(P) The maintenance of property in such a manner that silt, earth or
waste materials are allowed to run off of said property in such volume
as to cause drainage ditches or drainage systems in the proximity of
said property to become wholly or partially obstructed;
(Q) Swimming and landscape pools kept in an unsafe manner or not
properly maintained. All swimming pools, landscape pools and spas
shall be properly maintained so as not to create a safety hazard or
harbor insect infestation, or create visibly deteriorated or blighted
appearance;
(R) The keeping, using or maintaining of any pen, stable, lot, place or
premises in which any animals, livestock or fowl may be confined or
kept in such manner as to be nauseous, foul, offensive or subjected to
inhumane conditions;
(S) Unkempt weeds, trees and other vegetation. Developed properties,
yards and parking strips shall be kept free from any and all plants on
the state noxious weed list, blackberries, or dead, diseased, infested or
dying trees or other plants. These present a visual blight upon the
area, which may harbor insects or rodent infestations, or which may
likely become a fire hazard or result in a condition which may
ORDINANCE NO. 2014-XXX 20
threaten the health and safety or the economic welfare of adjacent
property owners or occupants;
(T) The existence of any tree, shrub, or foliage, unless by consent of
the city, which is apt to destroy, impair, interfere or restrict the
following:
(i) Streets, sidewalks, sewers, utilities, or other public improvements,
(ii) Visibility on, or free use of, or access to such improvements,
(iii) All trees which are growing on property adjacent to public
sidewalks whose limbs are less than eight feet above the surface of
the sidewalk or public pedestrian way, or trees, regardless of their
location, whose limbs are less than fifteen feet above the surface of
any street or alley;
(U) Long grass on lawns. Grass on any lot within seventy-five feet of
an occupied residential or commercial building in excess of ten inches
in height is declared to be a nuisance and is abatable as set forth in
this chapter.
(7) Public Rights-of-Way—Obstruction.
(A) The existence of any obstruction to a street, alley, or sidewalk; or
any excavation in or under any street, alley, crossing, or sidewalk that is
prohibited by ordinance or that is made without lawful permission, or that
having been made by lawful permission is kept and maintained after the
purpose thereof has been accomplished or for an unreasonable length of
time, which time shall not in any event be longer than the period specified
in any permit issued therefore, is declared to be a public nuisance.
Section 10. Arlington Municipal Code section 11.01.120 shall be and hereby is amended
to read as follows:
11.01.120 Conflicts.
In the event of a conflict between this chapter and any other provision of the
Arlington Municipal Code or city ordinance providing for a monetary penalty, the
most restrictive requirements will control.
Section 11. Arlington Municipal Code section 11.01.130 shall be and hereby is amended
to read as follows:
ORDINANCE NO. 2014-XXX 21
11.01.130 Severability.
If any one or more sections, subsections or sentences of this chapter are held
to be unconstitutional or invalid, such decision will not affect the validity of the
remaining portion of this chapter and the same will remain in full force and effect.
Section 12. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 13. Effective Date. This ordinance shall be effective five days from its adoption
and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2014.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney
Community
Improvement Services
CODE COMPLIANCE
Ordinance – Amendment to Title 11 AMC
Community Improvement Services is an important public service and is vital for
the protection of the public’s health, safety, and quality of life. It is the policy of
the city to emphasize code compliance by education and prevention as a first
step. This policy is designed to ensure code compliance, timely action, and
uniformity in its implementation. While warnings and voluntary compliance are
desirable as a first step, enforcement up to and including civil and criminal
penalties should be used, as needed. Abatement and remediation should also
be pursued when appropriate and feasible. Uniform and efficient procedures,
with consistent application tailored by regulation should be used to accomplish
this policy.
Ordinance Changes
1. Implement the tools for efficient and timely enforcement when mediation and voluntary
compliance efforts have failed.
◦11.01.070 Notice of Civil Infractions – appearance ticket
2. Implement a cost recovery mechanism for abatement proceedings, including legal fees and
services.
◦11.01.090(e) Property Tax Lien
3. Clean up parts of Title 11
◦Amendments to sections and language
Code Enforcement Data
2014 Complaints: 1/1/14 through 8/28/14
◦96 complaints received through the Citizens Service Request
◦69 complaints managed and closed as complied
◦9 complaints closed but still being monitored
◦18 complaints outstanding and are still considered non‐compliant
◦Outstanding Complaint Data:
◦Garbage/Junk Abandoned Unkept Property Squatters
◦9 4 5
Complaint Data
Complaint Data
Garbage/Junk (22)Nuisances (22)Squatters (12)No Permit (9)
Trailer/Vehicle (11)Abandoned Home (5)Noise (4)Invalid (11)
Current Enforcement Process
Complaint
Received •Investigate
Verbal
Voluntary
Compliance
•Verbal
agreement
with customer
Voluntary
Correction
Agreement
•Written
agreement
with customer
Notice of
Violation
(NOV)
•Order to
Remedy
City
Attorney/Court
System
•Time
consuming
and costly
process
Proposed Enforcement Process
Complaint
Received •Investigate
Verbal
Voluntary
Compliance
•Verbal
agreement
with customer
Notice of
Correction
•Written
agreement
with customer
(optional)
Notice of
Civil
Infraction
•Appearance
Ticket to
Court
Enforcement Action – current process
127 Gilman – Squatters
Initial Complaint/Investigation: February 5, 2015
Status: Lawsuit filed – Squatters still in the house (6‐months and counting)
Legal Fees: ?
Illegal Business/Operation – Busy Beaver
Initial Complaint/Investigation: April 1, 2014
Status: Lawsuit filed – Cased closed on June 15, 2014 (2‐month process)
Legal Fees: $2,775.00
Urgency for a Streamlined Process
Squatters
Squatters
Abandoned Home
Garbage
Summary
◦The data indicates that property maintenance issues, nuisances, abandoned buildings, and squatters are
a realistic threat to our community.
◦We currently do not have the proper tools to adequately and expediently enforce health, safety, and
quality of life violations.
◦We are one of a few municipalities in the state who do not use the Notice of Infraction tool as part of
their code enforcement program.
◦The data indicates that we manage approximately 75% of the violations received through positive
communication and interaction with the customer, which results in voluntary compliance.
◦We anticipate that these enforcement tools are needed to manage approximately 10% of the total calls
received annually.
◦With these new tools in place we can manage squatters, abandoned homes, and other high profile
violations in less than 30‐days and recoup the costs associated with the abatement procedures.
◦The Notice of Civil Infraction tool can also be used for Building and Fire Code Violations. The Fire
Prevention Inspectors encounter resistance from customers with compliance of life safety systems on
many occasions with no enforcement tool beyond the Notice of Correction.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
G
COUNCIL MEETING DATE:
September 15, 2014
SUBJECT:
Resolution urging the Governor and Legislature to preserve the streamlined sales tax
mitigation distribution to impacted local jurisdictions within the 2015-17 biennial
budget
ATTACHMENTS:
Draft Resolution
DEPARTMENT OF ORIGIN
Administration; Contact Kristin Banfield 360-403-3444
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
With the adoption of Streamlined Sales Tax in Washington in 2008, the City of
Arlington began receiving mitigation payments to compensate for the losses in our
sales tax distributions as a result of the shift to a destination-based sales tax system.
With recent history of substantial budget cuts at the state level and the sweeping of
traditionally shared revenues, a coalition of cities and other jurisdictions has formed to
protect the mitigation payments. The attached resolution was developed to share the
need to include these mitigation payments in the state’s 2015-2017 biennial budget.
HISTORY:
The Streamlined Sales and Use Tax Agreement is a cooperative effort of 44 states, the
District of Columbia, local governments and the business community to simplify and
make more uniform sales and use tax collection and administration by retailers and
states. It is intended to reduce the cost and administrative burdens on retailers that
collect the sales tax, particularly retailers operating in multiple states. It would
encourage "remote sellers" selling over the Internet and by mail order to collect tax on
sales to Washington customers. It seeks to make local "brick-and-mortar" stores and
remote sellers all operate by the same rules and in the same competitive environment.
The state of Washington became in full compliance in 2008. With the full compliance
came the shift to a destination-based sales tax which reduced sales tax distributions to
Arlington.
ALTERNATIVES
RECOMMENDED MOTION:
I move to approve the proposed resolution urging the Governor and Legislature to
preserve the streamlined sales tax mitigation distribution to impacted local jurisdictions
within the 2015-17 biennial budget
RESOLUTION NO. 2014-XXX 1
RESOLUTION NO. 2014-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON URGING THE GOVERNOR AND THE LEGISLATURE OF
THE STATE OF WASHINGTON TO PRESERVE THE STREAMLINED
SALES TAX MITIGATION DISTRIBUTION TO IMPACTED LOCAL
JURISDICTIONS IN THE 2015-2017 BIENNIAL BUDGET
WHEREAS, the State of Washington entered into the Streamlined Sales Tax (SST)
compact in 2007 changing the sourcing of local sales tax revenues from an origin-based system
to a destination-based system; and
WHEREAS, the Washington State Department of Revenue conducted a study indicating
that more than 120 cities, counties, transit agencies and public facility districts would be
negatively impacted by implementation of Streamlined Sales Tax destination-based sales tax
sourcing; and
WHEREAS, in recognition of the negative fiscal impact of SST destination-based
sourcing on many local jurisdictions throughout Washington, the state implemented a “full-
mitigation” program; and
WHEREAS, the SST sales tax mitigation program has effectively preserved and
maintained local government services throughout the Washington State, including in Arlington;
and
WHEREAS, sales tax collection in the City of Arlington sales taxes have has not
recovered fromreturned to its their pre-recession peak in 2007; and
WHEREAS, the demands for city services, particularly public safety services, required to
preserve and protect the retail business market in Arlington that generates more than $25 million
for the Washington State General Fund, are greater than ever; and
WHEREAS, the City of Arlington sales tax revenues have been significantly impacted by
SST destination-based sales tax implementation, and the city relies upon the ongoing
commitment of the State to maintain SST mitigation payments to provide essential city services;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Arlington,
Washington, that the City Council urges the Governor of the state of Washington to retain SST
mitigation payments to local jurisdictions in his proposed 2015-2017 Operating Budget, and that
further urges the Legislature of the State of Washington to adopt said SST mitigation payments.
RESOLUTION NO. 2014-XXX 2
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON on this ____________ day of ____________________, September, 2014.
__________________________________
Barbara Tolbert, Mayor
ATTEST:
______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
______________________________
Steve Peiffle, City Attorney