CHAPTER 10
CODE ENFORCEMENT
SECTION:
1-10-1: System Of Non-Judicial Code Enforcement
1-10-3: Enforcement Of Violations
1-10-4: Voluntary Correction Agreement
1-10-1 SYSTEM OF NON-JUDICIAL CODE ENFORCEMENT:
A. Purpose: To protect and promote the health, safety, sanitation, and aesthetics in the City of Renton by providing, in normal circumstances, an expedited and cost-effective process to address civil code violations, provide for prompt hearings and decisions, and for the collection of appropriate fines, costs, and fees.
B. Authority: Pursuant to RCW 7.80.010(5), the City elects to establish a non-judicial hearing and determination system to enforce Renton Municipal Code (“RMC”) civil code violations.
C. Not a Basis for Liability: This code does not create or imply any duty upon the City or any of its officers, employees, or volunteers that may be construed to be the basis of civil or criminal liability on the part of the City, its officers, employees, agents, or volunteers, for any injury, loss, or damage resulting from any action or inaction on their part. (Ord. 6034, 11-15-21)
1-10-2 DEFINITIONS:
A. Abate or Abatement: means to cure the Violation. Abatement shall not be deemed to be complete until the Violator or Person in Control has notified the CCI of the abatement and the CCI has been afforded a reasonable opportunity to inspect the Violation and deem the Abatement complete.
B. Administrator: shall mean a City of Renton department administrator or his or her designee.
C. Code Compliance Inspector: (hereafter CCI) means any employee or designee of the City of Renton who is directed, authorized, or responsible for finding, responding to, evaluating, or considering Violations and/or alleged Violations of the Renton Municipal Code herein.
D. Civil Enforcement Action: Any appealable action taken by the City or its designee to commence an enforcement proceeding for any Violation of the Renton Municipal Code, including, but not limited to: a notice of violation, a notice and order, an order to correct, a stop work order, an order not to occupy premises, or any other civil enforcement mechanism or order authorized by this Code.
E. Cost: includes and is not limited to reasonable legal fees and costs (including but not limited to any legal personnel costs, filing fees, travel costs, etc.), administrative personnel costs, abatement costs (including but not limited to filing fees, truck rental fees, hiring or contracting fees, overtime costs, etc.), actual expenses and costs, and reimbursement for any and all expenses related to the code enforcement process.
F. Fines: are any monetary assessment, recovery, or reimbursement related to the City’s civil code enforcement. Fines shall accrue for each day or portion thereof that each Violation occurs. A Violator may be responsible for multiple fines for each Violation. Fines are intended to be remedial in nature and should be distinguished from any penalties that may be separately imposed through a judicial process.
G. Hearing Examiner: shall mean the neutral adjudicator designated by the Administrator to oversee and establish rules for any hearings requested pursuant to this Chapter.
H. Notice of Violation: is a determination made by the CCI that a Violator has committed or permitted a Violation of the Renton Municipal Code. A Notice of Violation is a civil code violation, punishable in accordance with the terms of this chapter.
I. Ongoing Violation: is a Violation that is in continuous violation of the Renton Municipal Code until the condition has been abated.
J. Order to Correct: is an order issued to a Violator(s) which orders the Violator(s) to abate the Violation/condition. The Order to Correct shall set the time and manner in which the condition must be abated. An Order to Correct shall remain in effect until the Violation/condition is abated and the City is notified of the abatement and has been afforded a reasonable opportunity to inspect the Violation/condition.
K. Person in Control: means any person who lives in or stays at a premises, or any person who literally possesses or has his or her name on a title, deed, mortgage, or an agreement related to the premises, or any person who has control over the premises, or who is responsible for creating, maintaining or permitting a civil code violation, whether as owner, tenant, occupant, or otherwise. There may be more than one Person in Control for purposes of this chapter. If the Person in Control is not the legal owner, the Person in Control and owner are both jointly liable and subject to the provisions and remedies of this chapter. Application of this chapter against one party does not preclude application to another party who is an owner or Person in Control. There is a presumption that a Person in Control is aware of or has knowledge of the condition at a premises.
L. Serve or Service: means delivery of any Warning of Violation, Notice of Violation, and/or order upon persons having any known interest in the property where a Violation exists. Service is deemed to be completed pursuant to any of the following means:
1. Personal service; or
2. Certified mail with return receipt requested; or
3. Electronic transmission; or
4. If the whereabouts of any person having any known interest in the property where the Violation exists are unknown and the same cannot be ascertained in the exercise of reasonable diligence, and the CCI makes an affidavit to the effect, then service may be deemed to be completed by posting the Warning of Violation, Notice of Violation, and/or order on the property in a conspicuous place; and mailing a copy via first-class mail to the last known address for persons having any known interest in the property where the Violation exists; and mailing a copy via first-class mail to the taxpayer of record at the taxpayer’s listed address in the records of the King County Assessor’s Office.
M. Violation: is an act, error, omission, location, property, structure, or condition that is contrary to any provision of the Renton Municipal Code and/or endangers the health, sanitation, or safety of the residents, neighborhood, or community. Each day that a Violation exists shall constitute a separate and actionable Violation. Multiple simultaneous Violations at one location shall be administered jointly for administrative and fiscal economy.
N. Violator: is any person(s), entity, or organization(s), including the possessor, and/or owner of a property, any person(s) having any interest in the property, and/or the Person in Control or owner’s agent for a property where a civil code violation exists or is alleged to exist, and/or any person(s) who has received notice of a Violation or Order to Correct.
O. Warning of Violation: is an informal oral or written warning that provides notice to a Violator that the CCI has found, seen, or discovered a potential RMC civil code violation that a Violator has created, permitted to exist, maintained, or failed to eliminate. A Warning of Violation is non-appealable and used to inform the Person(s) in Control regarding the potential of a Violation which does not impose a threat to public health, safety, or welfare. (Ord. 6034, 11-15-21)
1-10-3 ENFORCEMENT OF VIOLATIONS:
A. Code Compliance Authority: A CCI is authorized to initiate a Civil Enforcement Action whenever all facts and circumstances known to the CCI lead the CCI to form a reasonable belief that, in the CCI’s professional judgment and experience, the Renton Municipal Code (RMC) is being violated by any person, property, act, omission, error, or condition.
B. Initiating Enforcement Proceedings: When a CCI initiates a Civil Enforcement Action, the CCI is authorized to take any of the following actions:
1. Order the Violator(s) to Abate the Condition: The CCI may order the property Abated by persons working under the City’s authority with costs assessed to the Violator(s).
2. Assess Fines: The CCI may assess any applicable costs and/or Fines for each Violation based on the following criteria: the nature of the offense; the history of the condition of the property; the history of the Violator; the impact on the neighbors, neighborhood, or community; and the need to discourage such conduct, inactivity, or neglect.
Alternatively, the CCI may stay the accrual of costs and/or civil fines, upon an actual showing that the Violator, acting in good faith, is unable to bring the condition into compliance within the required time.
3. Issue a Stop Work Order: The CCI may order that work stop immediately if that work is inconsistent with a permit or license, has not been approved, is being done without a permit, or has not been inspected, or a Violator has refused a request to inspect.
4. Deny, Revoke, Suspend, or Modify a Permit or License, or Application Therefor: The City may deny, revoke, suspend, or modify a permit or license when a Violator has failed to comply with the terms of the permit or license or efforts to bring the condition or property into compliance, a Violator has exceeded the scope of work set forth in the permit or license, or if a Violator has failed to undertake the project in the manner set forth in the approved application.
C. Notice of Violation: When initiating a Civil Enforcement Action, the CCI shall inform the Violator of:
1. The relevant details that form the basis of the Violation;
2. The section or sections of the RMC that have been violated;
3. The time in which the Violation must be corrected;
4. The fine amount for the Violation, if any; and also that,
5. Any Violator who wants a hearing to challenge the Notice of Violation may have a hearing before the Hearing Examiner, pursuant to the provisions of this chapter. The request for a hearing must be timely and must satisfy all of the other requirements of this chapter.
D. Ongoing Violations: Every Violation of this code of a continuous or ongoing nature shall be subject to daily Fines to begin when the Civil Enforcement Action is initiated and shall not end until the Violation is Abated to the satisfaction of the CCI.
E. Criminal Violation: When a CCI discovers or is made aware of a RMC Violation, and where the Violation carries a criminal penalty, the CCI is authorized to refer the matter to the City Attorney for consideration of criminal charges. Pursuing criminal charges does not preclude the City from pursuing additional remedies as warranted by law. See RMC 1-3-1. (Ord. 6034, 11-15-21)
1-10-4 VOLUNTARY CORRECTION AGREEMENT:
A. Voluntary Correction Agreement: If the CCI determines that a code Violation has occurred, the City may enter into a voluntary correction agreement with any Violator, if the CCI determines it would be appropriate. The Administrator, or his or her designee, shall administer a procedure to manage an expedited voluntary compliance process.
B. Contents: The voluntary correction agreement form or document must contain, at a minimum:
1. All of the relevant information identifying the Violator(s);
2. The Violation location(s);
3. Details about the Violation(s);
4. What must be done to eliminate the Violation(s);
5. How long the Violator(s) has to eliminate the Violation(s);
6. Whether there have been any known prior Violations involving the Violator(s) in the City in the last ten (10) years;
7. A signed right of entry to inspect until the Violation has been eliminated, and/or correct or abate the property if the voluntary correction agreement is not satisfied;
8. The minimum amount of civil fines owed at the point the agreement is entered; and
9. In bold print, that if the voluntary correction agreement is not satisfied the City may, without any additional notice or hearing, impose any remedy authorized by this chapter; order the abatement of the Violation by the Violator(s) or the City’s employees or agents; and assess any abatement, investigation, or enforcement costs to the Violator(s) and against the property.
C. Hearing:
1. As a condition to entering into a voluntary correction agreement, a Violator expressly waives the right to a hearing, or any other review to challenge the determination of a Violation, or the allegations contained in any Notice of Violation, as the Violator concedes that the Violator is responsible for the Violation of the Renton Municipal Code, and that the City has the right to use any lawful means provided by this code or applicable state or municipal law to investigate, enforce, and eliminate the Violation.
2. The Violator(s) may request a hearing to challenge the computation of the costs and/or Fines, and/or the Violator(s) may ask for a hearing to ask for mitigation of the costs and/or Fines.
a. If there are multiple requests for a hearing, those hearings may be consolidated if the Hearing Examiner finds it reasonable to do so.
b. The rules and procedures of the hearing shall be governed by the relevant provisions of this chapter.
D. Additional Criteria and Requirements:
1. No Violator may enter into a second voluntary correction agreement if that Violator has already failed to comply with a voluntary correction agreement for a prior Violation of the same code provision.
2. The voluntary correction agreement acts as a stay of the accrual of costs and/or fines, but if a Violator fails to eliminate the Violation in accordance with the voluntary correction agreement, the costs and/or fines shall become due and payable, and the Violator waives any right to a hearing to challenge the determination of a Violation.
3. If a Violator is unable or unwilling to eliminate the Violation within the time prescribed by the Notice of Violation or Order to Correct, then a voluntary correction agreement is not appropriate.
4. A voluntary correction agreement is not a settlement agreement.
5. The Administrator may use whatever type of voluntary correction agreement form as is appropriate in his or her judgment to mitigate and ultimately eliminate the Violation. The Administrator may modify the voluntary correction agreement form on an individual case basis as needed to best respond to the facts, circumstances, and conditions of a Violation. The Administrator may grant an extension to a Violator only if, in the Administrator’s judgment, the Violator has taken prompt and substantial steps to eliminate the Violation.
6. The voluntary correction agreement must be in writing and signed by at least one (1) Violator. Any disagreement between Violators shall be addressed between the Violators and, if necessary, in judicial hearings without requiring the participation or presence of the City of Renton.
7. If the Violator fails to satisfy one (1) or more term(s) of the voluntary correction agreement, after a Notice of Violation, the City may, without notice or further hearings, order the abatement of the Violation by the Violator(s) or by City employees or agents and assess any other costs related to the investigation, enforcement, and resolution of this process to the Violator(s) and/or against the property. (Ord. 6034, 11-15-21)
1-10-5 HEARING PROCEDURES:
A. Opportunity for a Hearing:
1. In order to provide due process and to achieve the purpose of this chapter, a Violator or the CCI may request a hearing before the Hearing Examiner to raise any challenge to the Civil Enforcement Action, the City’s application of this code, and/or to challenge or mitigate the costs and/or Fines.
2. The opportunity for a hearing is available for each Civil Enforcement Action and the Fines imposed for multiple Violations at one (1) site or at multiple sites by one (1) or more Violators.
3. The failure to request, submit a written argument, and/or appear at a hearing makes the Civil Enforcement Action a final determination unless a Violator timely requests a hearing under the process described in this chapter. If a hearing is requested, the final determination of the Notice of Violation shall be made by the Hearing Examiner following the conclusion of the hearing.
B. Hearing Requirements:
1. Timeliness: Any Violator and/or persons having any claim against the title or contractual interest in the property where the Violation exists or the CCI may request a hearing to challenge the notice, order, or application of the code, or challenge or mitigate the costs and/or Fines. Any such request for a hearing must be filed and filed with the City Clerk within fifteen (15) days of the issuance of the Notice of Violation and/or Order to Correct. Any request for a hearing that is not timely filed with the City in accordance with this section shall be denied.
2. Timing of a Hearing: If a Violator and/or persons having any claim against the title or contractual interest in the property where the Violation exists or the CCI submits a timely request for a hearing pursuant to this section, the City Clerk shall set the date of the hearing to be held no more than ninety (90) days after the request for a hearing is filed. There shall be no fee to request a hearing pursuant to this section.
3. Costs: A Violator or multiple Violators who request a hearing but who fail to appear or participate in the hearing are responsible for any costs incurred by the City to hold the hearing. The Hearing Examiner may assess the costs to the Violator in writing within fifteen (15) days of the Violator’s failure to appear or participate in the hearing.
4. Withdrawal of Request for Hearing: A Violator may withdraw their request for a hearing no later than five (5) days prior to the scheduled hearing. The Violator will not be charged the costs of the hearing if the Violator’s request to withdraw the request is timely.
5. Final Determination: If no hearing is timely requested, the CCI’s determination of the Violation is deemed final, and any costs and/or Fines become due.
C. Hearing Procedures:
1. Hearing Procedure: The Hearing Examiner may choose to hear the matter orally, in person, electronically, or based solely on the parties’ written submissions. The Notice of Violation and/or Order to Correct may satisfy the City’s burden of production, but the City may submit additional written testimony. If the Hearing Examiner determines that the matter requires an in-person hearing, such a hearing may be scheduled, and appropriate and reasonable notice shall be provided to the parties.
2. Who May Appear: If the owner and the possessor or Person in Control of the property are not the same, and if the owner fails to respond in writing or fails to appear at an oral hearing after service of the Notice of Violation, there is a presumption that the owner has given the Violator(s) the authority to act as his/her agent for purposes of the hearing or that the owner has chosen not to participate. Any Violator who has been issued a Notice of Violation, Order to Correct, or any Fines and/or costs may appear as a party or designate a representative for the hearing. The CCI or his or her designee shall appear on behalf of the City. Any party who does not appear at a hearing forfeits the right to challenge the Violation, and the Violation shall be deemed final as against that party.
3. Scope of Hearing: The scope of the hearing is limited to the conditions of the property on the date listed on the Notice of Violation. Re-litigation of previously imposed costs and/or Fines is prohibited.
4. Preponderance of Evidence Standard: The Hearing Examiner shall determine by a preponderance of the evidence whether the facts are sufficient to prove a Violation of the code, if all of the costs and/or fines should be imposed, or that a Violation exists that must be corrected, and which Violator(s) is responsible for the Violation. Multiple Violators may be held responsible. The Notice of Violation, if signed and dated by the CCI, shall be deemed admissible evidence to prove the Violation. If the Hearing Examiner determines that the evidence supports that a Violation was committed after reviewing the Notice of Violation, then the burden of proof shall shift to the Violator(s) to show by a preponderance of the evidence that a Violation has not occurred. The City is not required to call witnesses to testify at the hearing.
5. Final Determination: The Hearing Examiner, after reviewing the written submissions, exhibits, testimony, and other admitted evidence, may confirm, dismiss, or modify the Civil Enforcement Action, and/or mitigate any costs and/or Fines issued. The Hearing Examiner’s decision is deemed to be a final determination and may only be appealed in accordance with relevant provisions of law. The final determination should be issued within thirty (30) days of the hearing, unless reasonable cause requires additional time.
6. Imposition of Fines: The Violator(s) found to be responsible for an RMC civil code violation shall be liable for the payment of any costs and/or Fines assessed. Payment is due within fifteen (15) days of the date on the Notice of Violation. If a hearing is requested, the due date for payment shall be tolled until after the Hearing Examiner issues a final determination of the Notice of Violation. The payment of any cost and/or Fine shall be made to the City of Renton Finance Department. It is the responsibility of the Violator(s) to provide the Administrator or CCI with proof of the payment of any costs and/or fines, as is appropriate.
The Hearing Examiner is authorized to impose Fines up to and including the maximum fines, or to mitigate the Fines, as the Hearing Examiner sees fit based on the following criteria: the nature of the offense; the history of the condition of the property; the history of the Violator; the ability of the Violator to pay the fines; the impact on the neighbors, neighborhood, or community; and the need to discourage such conduct, inactivity or neglect. The payment of a Fine does not prevent the City from asserting that the Violation continues to exist or from asserting that a new Violation has been found.
7. It shall be the responsibility of the Violator(s) found responsible for a Violation to completely eliminate the Violation and to achieve complete civil code compliance. Payment of civil Fines, applications for permits, acknowledgement of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and bringing the property into compliance to the satisfaction of the Administrator, or his or her designee. (Ord. 6034, 11-15-21)
1-10-6 ABATEMENT:
A. In order to enforce the Hearing Examiner’s decision, the City may get an order from Superior Court to enter onto a Violator’s property for the purpose of inspecting and/or Abating the Violation.
B. The cost of abatement, cleaning up the property, removing hazards, and/or bringing the property into compliance shall be borne by the Violator. All costs shall be paid by the Violator to the City of Renton Finance Department within thirty (30) days from the final determination of the Finding of Violation, or thirty (30) days following the service of an invoice, whichever is later.
C. It shall be a misdemeanor to impede, delay, obstruct, or interfere with the City’s employees or agents designated to perform the abatement. Any physical efforts to impede, delay, obstruct, or interfere with City employees or agents will be forwarded to the prosecutor for appropriate criminal filing. (Ord. 6034, 11-15-21)
1-10-7 FAILURE TO COMPLY:
A. Criminal Penalty: It shall be unlawful to fail to comply with the terms of this chapter, in accordance with the penalties prescribed by RMC 1-3-1.
1. A Violator who fails to comply with the terms of a Civil Enforcement Action shall be guilty of a misdemeanor. To prove a failure to comply, the prosecutor’s burden is to prove beyond a reasonable doubt as to each Violator, that (a) The Violator owns or was the Person in Control of a property in the City of Renton; and (b) The Violator was Served with a Notice and Order (or other Civil Enforcement Action) related to that property and was ordered to correct the Violation(s) within a prescribed time period; and (c) The Violator failed to eliminate the Violation within the prescribed time period.
2. If a Violator is found guilty beyond a reasonable doubt, the Violator shall serve no less than five (5) days in jail for the first conviction, no less than ten (10) days for the second conviction, and no less than thirty (30) days for any subsequent conviction. A Violator shall not be eligible for Electronic Home Detention or any other alternative to jail time.
3. A Violator shall remain responsible for the RMC civil code violation Fines and/or any costs assessed by the City, not to include the cost of prosecution.
B. Civil Remediation: A Violation, as described in this chapter, is a civil code violation, and Violator(s) may be issued a Fine of up to two hundred fifty dollars ($250) for each final determination of a Violation. For Ongoing Violations, a new Fine shall be issued for each day (or portion thereof) in which the violation exists. Nothing in this chapter is intended to limit or prevent the pursuit of any other remedies or penalties permitted under the law, including criminal prosecution. The payment of any fees, Fines, or assessments pursuant to this chapter does not relieve a potential Violator of the duty to correct the Violation as ordered by the Administrator, or his or her designee. (Ord. 6034, 11-15-21)
1-10-8 ADDITIONAL PROVISIONS:
A. Assessment Lien Authorized: Following the authorization by the Administrator, when permitted by law, the City shall cause to have recorded a lien with the King County Recorder’s Office, which lien may be foreclosed pursuant to the laws of the State of Washington. The City may file an action to reduce the lien to a judgment.
B. Written Expense Report: Where costs are assessed under this code and a Violator fails to pay within the thirty (30) day period, the CCI shall prepare a written itemized report to the Administrator showing the cost of abatement, including rehabilitation, demolition, restoration, or repair of such property, including such salvage value relating thereto plus the amount of any outstanding fines. A copy of the report and a notice of the time and date when the report shall be reviewed by the Administrator shall be served on the Violator(s) at least five (5) days prior to the review by the Administrator, or verified as being previously provided to the Violator(s).
C. Additional Remedies:
1. Emergencies: Nothing in this chapter shall be read to limit or prohibit the City from exercising its police powers by taking any appropriate action when an emergency or dangerous or potentially dangerous location, property, structure, or condition exists in the City. Not as a limitation, but for the purpose of clarification, the City may abate, declare unsafe or unfit, or take some other appropriate action when:
a. Dangerous Condition: A Violation poses an immediate danger to safety, health, or welfare of the possessor of the property, occupants, neighbors, neighborhood, community, public utilities, or the environment. The City may assess costs and file a lien or seek a judgment in accordance with this Chapter.
b. Vacant Premises: After inquiry, if it appears that a premises has been vacated and the owner and any Person in Control cannot be located or refuses to abate the code Violation and the premises are either not secured against entry or have been entered by trespassers, the City, pursuant to its community caretaking and police powers, may enter the premises, secure the premises against entry, and place a lien against the property for its administrative costs, to include materials, staff time, attorney’s fees, and whatever additional costs may accrue in order that the premises may be secured.
c. Costs: If the Superior Court or court of competent jurisdiction decides, grants, and/or agrees that emergency action is warranted by the City, the City shall seek costs if appropriate.
2. Remedies Not Exclusive: The remedies noted in this chapter are not exclusive and may be used in conjunction with any other remedies provided or allowed under the Renton Municipal Code, the Revised Code of Washington, or any other provision of law.
a. The City is not prohibited from remedying, abating, or mitigating any condition that falls under this chapter by any other means authorized by law or by enforcing its findings, remedies, costs, and/or fines by any means authorized by law.
b. The City will seek all costs, including attorney’s fees, if it must appear in a court of law to address a Violator’s failure to abate a Violation or failure to pay any costs and/or fines. Unless otherwise precluded by law, the provisions of this chapter may be used in lieu of or in addition to other enforcement provisions, including, but not limited to, other provisions in the Renton Municipal Code, the use of collection agencies, or other civil actions including but not limited to injunctions.
D. Revocation, Suspension, Modification, or Denial of Permit or License:
1. Public Health and Safety: The City, without a hearing, may suspend, revoke, or modify any valid permit or license issued by the City if or when it reasonably believes:
a. That a Violator knows, or reasonably should know, of a Violation, but the Violator continues to violate the permit or license or exacerbate a Violation, and the CCI makes a finding of an imminent threat or substantial threat to safety, health, or welfare of others, property of others, or City property including, but not limited to, utilities such as water and sewer; or
b. That a Violator misrepresented any material or significant fact in applying for a permit or license.
2. Performing Work Without Authorization: The City, without a hearing, may deny a request for a permit or license or to renew a permit or license or revoke a permit or license when it reasonably believes that a Violator knows or reasonably should have known, of a Violation, but continues to work, operate, or exacerbate a Violation without a valid permit or license.
3. Post-Deprivation Hearing: Any revocation, suspension, modification, or denial of a permit or license under this section may allow the person who possessed or sought the relevant permit or license and had the permit or license revoked, suspended, modified, or denied an opportunity to request a hearing in a manner detailed in this chapter after the City has revoked, suspended, or modified the permit or license.
E. Conflicts: In the event of a conflict between this and any other provision of this chapter or City ordinance, the more specific provision shall control.
F. Severability: If any one or more subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 6034, 11-15-21)