HomeMy WebLinkAboutOrdinance 2014-014 Amending AMC Title 11 re Code Enforcementxmffls�i 1 1, ,
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 J. 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
important public service. Code enforcement is vital to protection of the publi
health, safety and quality of life. It is the policy of the City of Arlington
emphasize code compliance by education and prevention as a first step. Thl
policy is designed to ensure code compliance, timely action, and uniformity in
implementation. While warnings and voluntary compliance are desirable as a fir
step, enforcement up to and including civil and criminal penalties should be us•
,gum k ro D Esigs) d u we s s a i r d effect code com(cliance, Abatement or remediation shou
be pursued when appropriate and feasible. Uniform and efficient procedures, wi
consistent application tailored by regulation should be used to accomplish th
policy.
This chapter will establish an efficient system to enforce the regulatio
identified in 11.01.020(16) of the city of Arlington, to provide an opportunity
a I
prompt hearing on alleged violations of such regulations, to establish monet
penalties for violations as authorized by RCW 35A.11.020, and to establish
s.
standard procedure to be used by the city to abate unsafe or unlawful condition
It is not the intent of this chapter to empower any city employee or official
initiate complaints within the city limits. The complaint process shall be initiat
by citizens within the city of Arlington. However, this shall not preclude a]
employee or official of the city during their normal course of duty from filing
complaint with code enforcement should they witness any act that is illegal,
threat to health or • ^ or which causes damage or jeopardizes the in'g'
or • • of
All • • a .• by city employees or officials• be subject to tI
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. 20 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) "ILJ" 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.
Complaint Filed. On •rms, electronic or otherwise, provided by
aggrieved person may file a written complaint with a department director alleging
that a violation of ' g•n has occurred or . occur. Each complaint
causestate fully the and basis for• • . f shall be filed with the
appropriate department director.
(b) Complaint Process Does Not Apply. The citizen complaint process shall not apply
to actions forare specificadministrative and/or judicialappeals
Investigationprovided for in any regulation.
of Complaint. The department director or • • enforcement official
shall investigate the complaint and determine the validity of the complaint.
• Complaint • a To Be• If the complaintt • to be •
ORDINANCE
of • •: pursuant to this chapter, . • the complainant. become . party
of • •' to the proceedings.
Complaint • • To Be Invalid. If the complaint• f to be invalid, the
department director or •• enforcement official shall provide • the complainant
noticewritten of decision. The noticebe mailed to the complainant
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.
O 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
the hearing and each party may call witnesses. The determination of t
applicable department director as to the validity of the complaint shall
accorded substantial weigby the hearing examiner in etermining t
reasonableness of determination. I
ht d
(1) The hearing examiner shall determine whether the appellant hm
established by a preponderance of the evidence that a violation has occurred
(2) Assessment of Monetary Penalty. The hearing examiner has the authori
to award costs and expenses to the prevailing party and the city. If the heari
examiner determines there is a violation, the applicable department direct
shall pursue correction of the violation as provided in this code.
(3) Notice of Decision. The hearing examiner shall mail a copy of t
decision to the appellant and to the applicable department director, the co
enforcement official and all parties of record, within ten working days of t
hearing.
(4) Failure to Appear. If the appellant fails to appear at the scheduled hearin
the hearing examiner will enter an order finding that the department directo
decision was valid and assessing the cost of the hearing against the appellan
(5) Appeal to Superior Court. An appeal of the hearing examiner's decisi
must be filed with the Snohomish County superior court within twen
calendar days from the date the hearing examiner's decision was mailed to t
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 t*
secure voluntary correction by attempting to contact the person responsible for ths
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. 2014-014 5
(A) The name and address of the person responsible for the violation;
i The street address or . description sufficient ff i" • of
the building, structure, premises or land upon which or within which the
violation has occurred or • •'
description of • • and a referenceto the provision(s) of
correctivethe ordinance, regulation or permit which has been violated;
(D) The necessary corrective action to be taken, and a date and time by
which the action must be completed of
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 • . •:.: expiration of • •liance deadline
including, but • I limited to, criminal prosecution,
administrativeabatement, penalties,• . •'1 of permits,
recordation of " notice of • • • i withholding of
municipalpermits;
An agreement by person responsible for the violationthat 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;
. •
Right(G) An agreement that by entering into the voluntary correctic
agreement the person responsible for the violation waives the right to a
appeal of the required corrective action. -
• a Hearing Waived.person responsiblefor • . •
waives the right to an appeal of the required corrective action upon enterir
into a voluntary• M • • `
(3) Extension —Modification. An extension of the time limit for correction
a modification of the required corrective action may be granted by tf
applicable department director if the person responsible for the violation h,
shown due diligence and/or substantial progress in correcting the violatic
but unforeseen circumstances not caused by the person responsible rend(
correction underoriginal conditions• • •
4 Abatement by . City. The city may abate• • •I accordanc
with Section 11.01.090 if the terms of the voluntary correction agreement ai
accordance with Section 11.01.070, plus all costs and expenses of abatement,
as set forth in 11.0 1.090.
Section S. Arlington Municipal Code section 11.01.070 shall be and hereby is amended
to read as follows:
181��
(1) If after investigation, the Code Enforcement Official has prob&
cause to believe that the applicable standards or requirements of the Arlingt
Municipal Code have been violated, the Code Enforcement Official may issue
civil infraction in accordance with Chapter 7.80 RCW, which is incorporat herein by this reference, upon the owner, tenant, occupier, manager, ageInt
other person responsible for the condition.
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(1) The maximum penalty and the default amount for a class I ci
infraction shall be two hundred fifty dollars, not including statutory assessments.
(2) The maximum penalty and the default amount for a class 2 ci
infraction shall be one hundred twenty-five dollars, not including statuto
assessments.
(3) The maximum penalty and the default amount for a class 3 ci
infraction shall be fifty dollars, not including statutory assessments.
(4) The maximum penalty and the -default amount for a class 4 ci
infraction shall be twenty- five dollars, not including statutory assessments. I
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.
(1) When the applicable department director determines that a violation h
'I] occurred or is occurring and is unable to secure voluntary correction pursua
to Section 11.01.060, the department director shall then refer the alleg
violation to the code enforcement official.
(2) Alternatively, after investigation of the complaint the code enforcemelm
official may issue a notice of violation to the owner, tenant, occupieM
ORDINANCE NO. 2014-014 7
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. 0 1. 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:
(I)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 •• the person to • it is directed, either personally • •
mailing a copy • the notice • violation to such person at their last known
address by certified mail, return receipt required, If the person to whom it is
directed can -not after due diligence be personally served within Snohomish
County and if an address for mailed service cannot after due diligence be
• • shall be served •, •• a copy • the notice • 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
[�)erson effecting the service, declaring the time and date of service, the
manner by '.•_ . • if by posting the facts showing
that due diligence was used in attempting to serve the person personally or by
mail.
• Extension.No extension of specified - notice of • . • •
correction of the violation may be granted, except by order of the heariA
examiner. 0
(e) Monetary Penalty. The monetary penalty for each separate violation p
•.y or portion thereofbe i „•
(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.
Continued Duty to Correct. Payment of • penalty does not
relieve the person to whom the notice of violation was issued of - i •
correct the violation.
• • • • • - •-
(I)The monetary penalty constitutes a personal obligation of the person
whom the notice of violation is directed. Any monetary penalty assess
must be paid to the city at the Arlington City clerk's office within t
i. days fromthe date of of - hearing examiner's decisiI
• • • •' •
attorney(2)The city or designee• • to take approprilli
action• collect the monetarypenalty,
(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 • •issued. The code enforcement official may also
requestbefore the hearing
(i) Scheduling of Appeal Hearing. Upon receiving an appeal application the
•a-- 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.
Prior Correction of Violation. The hearing will be cancelled and no
monetary penalty will be assessed if the applicable department director
approves the completed required •, action at least forty-eight •,
prior to the scheduled hearing.
(k) Hearing Procedure. The hearing examiner shall conduct a hearing on the
violation pursuant to the rules • procedure •'I the hearing examiner. The
applicable department director, the code enforcement official and the person
• • the notice • 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 • 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.
(I)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 •' • written conditions,
rpm 1 T13 9 �-I�
�VJ • r' 11 LON I I N I I 016-M I I ON LVJ I LUNA I I 1;'n I I I LO) I I I • I
(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(1); 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 • Monetary Penalty, Monetary penalties assessed by
hearing examiner shall be in accordance with the monetary penal
schedule in Section 11.01.080(e). i
(A) The hearing examiner shall have the following options in assessing
monetary penalties:
(i) Assess • • beginning • the date the notice •
violation was issued and thereafter;
Assess • • beginning • the correction date
set by the applicable department director or an alternate
correction date set by the hearing examiner and thereafter; or
(iii) Assess no monetary penalties.
O 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)() of this section.
Noticeof •n, The hearing examiner shall mail a copy of -
•- • to the appellant and to the applicable department director, the ••
enforcement official and all parties of record, within ten working days of t
-, •
"5) Failure to Appear. If the person to whom the notice of violation was issu
fails to appear at the scheduled hearing, the hearing examiner will enter
order finding that the violationoccurred and assessing the appropri
hearingmonetary penalty and assessing all costs associated with enforcing t
order, plus the costof • and any moneta
penalty fromthat person.
(6) Appeal to Superior Court. An appeal of the hearing examiner's decisicm
must be filed with the Snohomish County superior court within twenA
calendar days from the date the hearing examiner's decision was mailed to t
person i whom the noticeof violationdirected, or `. barre•'
Any person to whom the notice of violation was issued and who failed
appear before the hearing examiner shall have waived their right to file
appeal.
Section 7. Arlington Municipal Code section 11.01.090 shall be and hereby is amended
to read as follows:
,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. 0 1. 060 have not been met;
(2) A notice of violation has been issued pursuant to Section 11.01.080 ari
the required correction has not been completed by the date specified in t
notice of violation; I
(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 conditio
the continued existence of which constitutes an immediate and emergency thre,
to the public health, safety or welfare or to the environment, the city ma
summarily and without prior notice abate the condition. Notice of such abatemen
including the reason for it shall be given to the person responsible for th
violation as soon as reasonably possible after the abatement.
(c) Authorized Action by the City. Using any lawful means, the city may enter upo
the subject property and may remove or correct the condition which is subject I
abatement. The city may seek such judicial process as it deems necessary to effe(
the removal or correction of such -condition.
(d) Recovery of Costs and Expenses, The costs, including incidental expenses,
correcting the violation shall be billed to the person responsible for the violatio
and/or the owner, lessor, tenant or other person entitled to control, use and/(
occupy the property and shall become due and payable to the city at the cit
clerk's office within ten calendar days from mailing by the city of billing, whic
shall be mailed certified mail return receipt requested. The term "incident,
expenses" shall include, but not be limited to, personnel costs, both direct an•
indirect, including attorney's fees; costs incurred in documenting the violatioi
hauling, storage and disposal expenses; and actual expenses and costs of the cit
in preparing notices, specifications and contracts, and in accomplishing and/c
contracting and inspecting the work; and the costs of any required printing an
mailing.
(e) Tax Lien — Authorized. The City shall have a lien for any monetary penalt
imposed, the cost of any abatement proceedings under AMC 11.01, and all oth(
related costs including attorney and expert witness fees, against the real propertm
on which the monetary penalty was imposed or any of the work of abatement w1l
[r,erformed. 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
Countp Auditor's Office against the real i%roiwertp of the %erson resLoonsible for the
civil cote 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 11.0 1. 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 imprisom-nent 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.
(1) In addition to any other remedy provided by this code, any provision (M
this code may be enforced by injunction issued by the superior court upon
suit brought by the city. I
(2) As part of a civil action filed to enforce provisions of this code, a cour).
may assess a maximum monetary penalty of two thousand five hundred
dollars per violation of the regulations for each day during which any person
commits, continues, allows or maintains a violation of any provision of these
regulations.
provisions of this chapter• • may be -•
addition to other enforcementprovisions auth• • by Arlingt•
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:
1.01.110 Public nuisances —Public health, safety and welfare nuisances.
Each of the followingotherwise 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• official determines •
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.
IV'
Except as exempted by • • i), the keeping • confining
of any animals, be they mammals, arthropods, reptiles, amphibians, fish
or birds on any premises in such a manner as to pose , threat of injury to
persons, damage to property, excessive or annoying noise or odor, or
would otherwise be detrimental to • welfare •ii
neighboring r" •ns and/or properties, public nuisance.
i) This chapter shall not.r• •
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.
(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
(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 nuisancy-5
when it presents • threat to the health, safety . • welfare of •
by becoming deteriorated, damaged, in need of repair, left vacant, unsecure
or any portion of a building or structure is left remaining on a site after t
demolition or destruction of a building, or whenever the building or struct
has been damaged by any natural or man-made disaster, or has beco
dilapidated or deteriorated so as to become an attractive nuisance, a harb
for . • . or or . f . person t• commit unlawfulacts.buildings and structures are to be maintained in a condition that does not po
". • . • • • •
(A) Unnecessary Noise Prohibited. It is unlawful for any person to
continue, or cause to be made or continued any excessive,
unnecessary or . • • noise or •annoys,
others.disturbs, injures or endangers the comfort, repose, health, peace or safety
of
(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 •.m. Monday throughfl. • construction or
Sundaysdevelopment activity or use of heavy equipment may occur on
or • •. observed by
(ii) Exception. The building official may grant written permission to
• a • ` in constructionor development activity or o operate
residentialequipment 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
(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 i 1 i
(i) All passenger vehicles including pickup trucks shall be parked in a
designated driveway, parking space (on street adjacent •residence),
carport or garage, Vehicles must be in running condition and display
current license tabs.
(ii) Junk vehicles, or parts ' i or . .; accessories
such as tow dollies, enginepullers,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.
• •ies, shells, um-nounted campers,dune buggies, • boats
with or without trailers, motorcycles, etc., shall not be stored in any
::• adjoining
repair(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
it an acceptable substitutefor an enclosed garage.
No residentially zoned property may be f for the purpose of
storing any vehicle intended for commercial use, having more than
• axles, or exceeding _ and • .. in width —such .:
tractor,truck dump trucks or i • equipment.
kB) Recreational Vehicles. Where a rear yard or a side yard of
sufficient size is reasonably accessibleo accommodate recreation
shallvehicle, such vehicles • be stored in the front yardof • 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
b. The vehicle is a city vehicle or public utility vehicle providing a
service • the public; or
C. The vehicle is an emergency vehicle; •
• Such vehicle is currently used at and is located at a specific
location within a residential zone for the purpose • providing
services such as construction, carpentry, plumbing or landscaping •
such •- • location,
(iv) Motor • may stand • park • a city street in a residential
zone, for a maximum period of seventy-two hours, if no other parking is
available; provided said vehicles •• • •!. any parking •
(such as posted time zones) and meet all • parking regulations.
(D) Repairing Vehicles. It is the intent • this subsection to prevent
• and • vehicle repairs in streets and yards. Major
servicing, repairing, assembling, wrecking, modifying, restoring or
• working • any vehicle shall be prohibited within the public
right-of-way, Major servicing, repairing, assembling, wrecking,
•• restoring • • working • any vehicle at any
•- premise shall be prohibited if (1) the vehicle is not owned by
an occupant • the residence, • (2) the • • all the above described
• • vehicles exceeds a • five-day maximum time frame,
unless such work is conducted within an enclosed permanent structure or
a *• Such work shall • be •• •- the hours • seven a.m.
and seven p.m. It is not the intent of this subsection to eliminate, prevent
• restrict property • from the day-to-day maintenance and •
repairs • their vehicles in their yards or •
(E) Use • Streets and Alleys. The purpose • 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 • approved by the city • to a right-of-way use
permit • parade authorization. No person shall stop, stand • park a
vehicle in violation • this •,.
• Property Maintenance. The erecting, maintaining, using, placing,
depositing, • or permitting to be • remain in • f• any private •
building, structure • premises, • in • r• any street, alley, sidewalk, •.
•. • • public • private place in the city any one • more • the
following disorderly, disturbing, unsanitary fly -producing, rat -harboring,
disease -causing places, conditions • things is declared to • a public
nuisance.
(A) Any putrid, unhealthy or unwholesome bones, meat, hides, skins,
the • or any part •> any dead animal, fish • fowl, • waste •
• fish, vegetable • animal matter in any • except, thal
•' NO. 2014-014 17
nottling in Mis cnapier snaii prevenT e LCHI)Vfary reLeIILIOII UI WaS
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;
(1) 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;
basements,(L) Open and abandoned ground cavities, unfilled wells, pits,
.ults, cesspools, foundations,. 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
• that they • • not constitute+' hazard, blight, or • • • 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;
(0) The existence of any drainage onto or over any sidewalk, public
pedestrian or or other public ri• • other
course;through an approved drainage channel or recognized natural water
(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;
• and landscape pools keptor •
appearance;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
(R) The keeping, using or maintaining of any pen, stable, lot, place or
premises in which any animals, livestockor • be confined or
kept in such manner as to be -•us, foul, offensive or s, 'f to
inhumane conditions
Unkempt weeds,treesr other vegetation.or`f r'•r.
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 i •
ORDINANCE NO.i i 4 IIN
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 tis
Arlington Municipal Code or city ordinance providing for a monetary penalty, t
most ` fuirements will control.
Section 1„1. Arlington Municipal Code section 11.01.130 shall be and hereby is amended
to read as follows:
KNO r► r ► ice► OM1411[!rl>�[��Tll
11.01.130 Severability.
If any one or more sections, subsections or sentences of this chapter are heR
to be unconstitutional or invalid, such decision will not affect the validity of t
remaining portion of this chapter and the same will remain in full force and effec
'I
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.
fiPASSED BY the
J.20N
City Council and APPROVED by the Mayor this day of
A#WV16]1r1V4'14WQi 0
Barbara Tolbert, Mayor
Um
Krnisfiti anlCield, City Clerk�Z (-CU
StCY611 J. Pc-ifme)
City-Atto"'rney
*RDINANCE NO. 2014-014 21
You are hereby notified that on September 15, 2014, the City Council of the City of
Arlington, Washington, did adopt Ordinance No. 2014-014 entitled,
1 9 a
IN " UN M-1 I
The full text of the ordinance is available to interested persons and will be mailed upon
request,
Kristin 'ifi-eld
04 M
Ignme wmuff--M
XWIIIIFVM• • •' i �11 l
1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, •• hereby certify that the following Ordinance No. 2014-
014 was approved at the September 15, 2014 City Council meeting.
A011-
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