Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington.

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1 CITY COUNCIL WORKSHOP January 15, :00 P.M. AGENDA Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER: Mayor Neil Johnson II. III. ROLL CALL: Mayor Neil Johnson, Jr., Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. AGENDA ITEMS: A. Council Open Discussion B. Review of Council Minutes: December 04, 2018 Special Meeting, December 04, 2018 City Council Workshop, and January 8, 2019 City Council Meeting. C. Discussion: AB19-07 Ordinance D An Ordinance of the City of Bonney Lake, Washington, amending Chapters 8.12, 8.20, and of the Bonney Lake Municipal Code and the corresponding portions of ordinance numbers 979, 988, 1007, 1108, 1380, and 1547 related to code enforcement and public nuisances. D. Discussion: AB19-12 Discussion Participation in Pierce County All-Hazard Mitigation Plan Update Process. IV. EXECUTIVE/CLOSED SESSION: Pursuant to RCW and/or RCW , the City Council may hold an executive or closed session. The topic(s) and duration will be announced prior to the session. V. ADJOURNMENT For citizens with disabilities requesting translators or adaptive equipment for communication purposes, the City requests notification as early as possible prior to the meeting regarding the type of service or equipment needed. The City Council may act on items listed on this agenda, or by consensus give direction for future action. The Council may also add and take action on other items not listed on this agenda. Page 1 of 1 Agenda Packet p.1 of 50

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3 CITY COUNCIL SPECIAL MEETING December 4, :00 P.M. DRAFT MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. A. CALL TO ORDER Mayor Neil Johnson Jr., called the Special Meeting to order at 5:01 p.m. In addition to Mayor Johnson, Jr., elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Justin Evans, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Councilmember Terry Carter arrived at 5:38 p.m. and Councilmember James Rackley arrived at 5:43 p.m. Staff members in attendance were City Administrator John Vodopich, Police Chief Bryan Jeter, Administrative Services Director/City Clerk Harwood Edvalson, Chief Financial Officer Cherie Gibson, Deputy City Clerk Sadie Schaneman, and City Attorney Kathleen Haggard. B. DISCUSSION: Final Budget. The City Council began with a discussion of the final proposed Budget. Mayor Johnson, Jr., City Administrator Vodopich, and Chief Financial Officer Gibson answered questions and explained why the budget differs from the budget. They explained where the numbers for revenues and expenses were coming from and the reason for them. Councilmembers voiced concerns over how the economy could affect the budget and the City not being financially stable to support city operations. Mayor Johnson, Jr., City Administrator Vodopich, and Chief Financial Officer Gibson explained the procedures for amending the budget and policies that may need to be revised or new policies made to help with the budget process in the future and will be started in Councilmember Surdez and Councilmember McKibbin expressed appreciation to the City of Bonney Lake Staff for all their hard work on the budget and discussed with the Council the decision cards they felt were important. Councilmember Watson thanked staff for being patient, answering his questions, and helping him understand the budget report. C. ADJOURNMENT: At the conclusion of discussion, Mayor Johnson, Jr. adjourned the meeting at 5:46 Page 1 of 2 Agenda Packet p.3 of 50

4 p.m. with common consent of the Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items submitted at the December 4, 2018 Special Council Meeting: None Agenda Packet p.4 of 50 Page 2 of 2

5 CITY COUNCIL WORKSHOP December 4, :00 P.M. DRAFT MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER: Mayor Neil Johnson Jr., called the workshop to order at 6:00 p.m. II. ROLL CALL: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, Jr., elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance were City Administrator John Vodopich, Administrative Services Director/City Clerk Harwood Edvalson, Police Chief Bryan Jeter, Chief Financial Officer Cherie Gibson, Deputy City Clerk Sadie Schaneman, and City Attorney Kathleen Haggard. III. AGENDA ITEMS: A. Presentation: Administration of Oath of Office to Officer Molly Donahue. Judge Ronald Heslop administrated the Oath of Office to Officer Molly Donahue, a new police officer for the City of Bonney Lake. Mayor Johnson, Jr., called a ten minute recess at 6:03 p.m. for a celebration cake to welcome Officer Molly Donahue to the team. Mayor Johnson, Jr., reconvened the Council Workshop at 6:17 p.m. B. Presentation: Parks and Ballfield Survey. Amber Stanley addressed the Council regarding the parks and ballfield survey. Presented the results to a survey that volunteer participants had taken on recreation activities in the City. Ms. Stanley answered Council questions about the results and criteria for the survey. Council thanked Ms. Stanley for her presentation and hard work. C. Council Open Discussion: Bonney Lake Buckley Against Drugs (BLBAD). Councilmember Watson updated the Council that the BLBAD group has been aggressively helping with the panhandling situation in the community. The group had reached out to Councilmember Watson last week about an individual that had overdosed in a parking lot and had kids at home. The individual wanted some help. The BLBAD group and Councilmember Watson found resources that could help the individual move in the right direction. There will be a silent protest by the BLBAD group by the ARCO island in Bonney Lake with flyers and a bull horn. Channel 7 will be coming out to broadcast the protest on December 16, Page 1 of 3 Agenda Packet p.5 of 50

6 Bonney Lake Food Bank. Councilmember Evans informed Council about a concerned citizen that had ed about the Bonney Lake Food Bank conditions regarding animal control and cleanliness. Mayor Johnson, Jr., and City Administrator Vodopich discussed how the City has been in contact with the operator of the Food Bank to discuss the cleanliness and pest control with him. He is correcting the issues and is staying in communication with the City on issues that come up. Shoreline Master Plan Update. Councilmember Rackley discussed from a resident concerning the Shoreline Master Plan Update. Councilmember Rackley asked Council if they could explain what the concerns were. Councilmember Swatman explained that next year the Shoreline Master Plan is getting updated and land owners will need to comply with any changes. Council discussed some of the regulations on the Shoreline Master Plan. D. Review of Council Minutes: November 20, 2018 Workshop, and November 27, 2018 Council Meeting. Councilmember Watson said that he reviewed the minutes of November 20, 2018 Workshop and November 27, 2018 Council Meeting and had no corrections. The draft minutes were forwarded to the January 15, 2018 Meeting for approval. E. Discussion/Action: AB Ordinance D An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting The Biennial Budget. Councilmember Watson moved to approve Ordinance D Councilmember Rackley seconded the motion. Mayor Johnson, Jr., thanked staff and Council on the hard work everyone did on the budget. The Council on the whole agreed the staff did a great job presenting a balanced budget. Motion approved 7-0. F. Reconsideration/Action: AB Ordinance 1604 Reconsidering AB Amending Ordinance Nos. 1471, 1527, 1559, And 1587 Relating to Salaries for Non-Represented Employees. Councilmember Watson moved to adopt Ordinance Councilmember Surdez seconded the motion. Council discussed some of the changes in titles, positons, and pay. Motion approved 7-0. G. Action: AB A Motion Of The City Council Cancelling The December 11, 18 And 25 Regular Council Meetings/Workshops And All Regular Standing Committee Meetings From December 5 th, 2018 January 2 nd, Agenda Packet p.6 of 50 Page 2 of 3

7 Councilmember Swatman informed the Council that the Community Development Committee would like to continue meeting to finish up any business that are not currently finished. Councilmember Swatman moved to amend the proposed motion to A Motion Of The City Council Cancelling The December 11, 18 And 25 Regular Council Meetings/Workshops, All Public Safety Committee and Finance Committee Meetings, and the January 1, 2019 Council Workshop only. Councilmember Rackley seconded. Motion approved 7-0. Councilmember Swatman moved to adopt the amended motion as the new motion. Councilmember Watson seconded. Motion approved 7-0. IV. EXECUTIVE/CLOSED SESSION: None V. ADJOURNMENT: At 6:48 p.m. Mayor Johnson, Jr. adjourned the regular Council Meeting with the common consent of the City Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items presented to Council at the December 4, 2018 Workshop: (1) Parks and Recreation Community Needs Assessment Survey Report PowerPoint- Amber Stanley. Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Page 3 of 3 Agenda Packet p.7 of 50

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9 CITY COUNCIL MEETING January 8, :00 P.M. DRAFT MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER Mayor Neil Johnson, Jr. called the Meeting to order at 6:00 p.m. A. Flag Salute: Mayor Johnson led the audience in the Pledge of Allegiance. B. Roll Call: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance were City Administrator John Vodopich, Police Chief Bryan Jeter, Administrative Services Director/City Clerk Harwood Edvalson, Chief Financial Officer Cherie Gibson, and City Attorney Kathleen Haggard. C. Agenda Modifications: None. D. Announcements, Appointments and Presentations: None. II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearings: None. B. Citizen Comments: Steve Sjolund, spoke as a representative of the Sumner-Bonney Lake School District. He reported on the current activities of the district with respect to building improvements, sports team successes and upcoming events. C. Correspondence: None. III. COUNCIL COMMITTEE REPORTS: A. Finance Committee: Deputy Mayor McKibbin reported the Committee met earlier in the afternoon and forwarded two resolutions to the next Council meeting related to the ongoing Fennel Creek Trail project and the proposed buildout of the key card access system in the Justice & Municipal Center. Page 1 of 3 Agenda Packet p.9 of 50

10 B. Community Development Committee: Councilmember Swatman said the Committee last met on December 18 th and discussed the work plan for C. Public Safety Committee: Councilmember Evans said the Committee met at 3:30 p.m. this afternoon. The Fire District reported a three-fold increase in calls for service during the windstorm and outages. He said they will also have six new hires starting soon and the District is moving ahead with its capital facilities planning. Councilmember Evans said the Police Department reported their employees had received Narcan supplies and training. He also reported the Police Department will start the Citizen s Academy on February 11 th. Councilmember Evans said the next Committee meeting will be February 12 th at 3:30 p.m. D. Other Reports: None. IV. CONSENT AGENDA: A. Approval of Corrected Minutes: November 20, 2018 City Council Workshop Minutes and November 27, 2018 City Council Meeting Minutes. B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable check/vouchers #80953-#81061 and wire transfers # , # , # , # and # , in the amount of $1,855, Accounts Payable check/vouchers #81062-#81158 and wire transfers # , # , # , # , # , # , # , # , # , # , # , # and # in the amount of $453, Wire transfer # for P-Card transaction in the amount of $34, VOIDS: Check # Payment Stopped; Check # Printing Error- Reissued; Check # Lost-Reissued; Check # Wrong Vendor-Reissued C. Approval of Payroll: December 1st-15th 2018 for checks #34019-#34022 including Direct Deposits and Electronic Transfers is $605, December 16th-31st 2018 for checks #34023 #34030 including Direct Deposits and Electronic Transfers is $797, Councilmember Watson moved to approve the Consent Agenda. Councilmember Rackley seconded the motion. Consent Agenda approved 7-0. V. FINANCE COMMITTEE ISSUES: None. VI. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: None. Agenda Packet p.10 of 50 Page 2 of 3

11 VII. PUBLIC SAFETY COMMITTEE ISSUES: None. VIII. FULL COUNCIL ISSUES: None. IX. EXECUTIVE/CLOSED SESSION: None. X. ADJOURNMENT: At 6:07 p.m. Mayor Johnson adjourned the Meeting with the common consent of the City Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items presented to Council at the Meeting: None. Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Page 3 of 3 Agenda Packet p.11 of 50

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13 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Public Services Department Jason Sullivan Planning & Building Supervisor Agenda Item Type: Discussion Meeting/Workshop Date: January 15, 2019 Ordinance/Resolution Number: D19-01 Agenda Bill Number: AB19-07 Sponsor: Agenda Subject: Amendments to the Bonney Lake Municipal Code Enforcement Process and Public Nuisance Regulations Full Title/Motion: An Ordinance of the City of Bonney Lake, Washington, amending Chapters 8.12, 8.20, and of the Bonney Lake Municipal Code and the corresponding portions of ordinance numbers 979, 988, 1007, 1108, 1380, and 1547 related to code enforcement and public nuisances. Administrative Recommendation: Background Summary: As part of the Planning Commission Work Plan, the City Council directed staff to review and revise the Code Enforcement and Public Nuisance Regulations. The existing code can best be described as pieced together, with noticing requirements, appeal processes, and timelines scattered throughout different chapters. This work effort focused on streamlining the processes, updating definitions, reducing duplication and conflict between existing regulations, adding protections for City staff performing code enforcement duties, and increasing the readability of the code to allow City residents to have a better understanding enforcement and appeal processes. The attached versions includes comment boxes to explain some of the changes for the purpose of discussion at the Council Workshop. These comment boxes will be deleted in the final version. Attachments: Ordinance No. D19-01, City Council Briefing Memo, and Planning Commission Recommendation Memo BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: Council Committee Review: COMMITTEE, BOARD & COMMISSION REVIEW Date: Commission/Board Review: Planning Commission 11/7/18 Hearing Examiner Review: Approvals: Yes No Chair/Councilmember Councilmember Councilmember Forward to: Consent Agenda: Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: APPROVALS Director: John P. Vodopich, AICP Mayor: Date Reviewed by City Attorney: (if applicable): 12/16/18 Agenda Packet p.13 of 50

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15 ORDINANCE NO. D19-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING CHAPTERS 8.12, 8.20, AND OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NUMBERS 979, 988, 1007, 1108, 1380, AND 1547 RELATED TO CODE ENFORCEMENT AND PUBLIC NUISANCES. WHEREAS, as part of the Planning Work Plan, the City Council directed staff to review and revise Code Enforcement and Public Nuisance Regulations in the Bonney Lake Municipal Code; and WHEREAS, the Public Services Director acting as the SEPA Responsible Official determined that the proposed amendments were categorically exempt from review under SEPA pursuant WAC (19)(a); and WHEREAS, the Planning Commission reviewed the proposed amendments on October 17, 2018 and held a public hearing on November 7, 2018 as required by BLMC C and recommended that the City Council approve the amendments to the fee schedule; and WHEREAS, pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on October 31, 2018; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following section , Violations is hereby added to the Bonney Lake Municipal Code: It shall be a violation of this development code to: A. Fail to comply with any of its provisions; B. Proceed with a development without first obtaining a required permit; C. Violate any condition of a permit issued pursuant to this development code; D. Violate any order issued pursuant to this development code; E. Knowingly falsify any document required by this development code. Page 1 of 22 Agenda Packet p.15 of 50

16 Section 2. Section E of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: E. Public nuisance vehicle is a vehicle, or the parts of a vehicle, which meets three of the following criteria: (1) is extensively damaged; (2) is apparently inoperable; (3) is three years old or older; (4) has an approximate fair market value equal to the scrap value; provided, that the following shall be exempt from the foregoing definition: 1. The vehicle, or parts thereof, is completely enclosed within a building in a lawful manner, provided that the building and use activity for the property is in compliance with the provisions of Chapter Title 18 BLMC and that there is no harborage for rodents or other pests; or 2. The vehicle, or parts thereof, is completely and permanently screened from the street or other public or private property; provided, that the screening type and use activity for the property is in compliance with the provisions of Chapters and or BLMC or BLMC BLMC, and that there is no harborage for rodents or other pests; or 3. The vehicle, or parts thereof, is stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk, salvage or wrecking yard, and the property is fenced as required by RCW Section 3. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: Public nuisances. A public nuisance is a thing, act, omission to act, occupation, or use of property which shall unreasonably annoy, injure or endanger the safety, health, comfort or repose of the public; or shall unlawfully interfere with, obstruct or render dangerous for public use a public park, square, street, alley or highway; or shall render the public insecure in life or in use of property. Any violation of the International Property Maintenance Code, as adopted in BLMC , shall constitute a nuisance. In addition, Public nuisances include, but are not limited to, the following: A. Diseased animals running at large; B. Ponds or pools of stagnant water; Comment [JS1]: This is addressed in the new animal code. A. C. Carcasses of animals not buried or destroyed within 24 hours after death; Page 2 of 22 Agenda Packet p.16 of 50

17 B. D. Accumulations of manure or rubbish; C. E. Privy vaults or outhouses; F. Garbage cans which are not fly-tight; G. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dairy or industrial wastes, or other substances; D H. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; I. The use of a common public drinking cup or roller towel; J. All nuisance vegetation, including noxious weeds; dead, diseased, infested or dying trees; any tree, shrub or foliage which is apt to damage or impair streets, sidewalks, sewers, utilities or other public improvements or impede visibility on public rights-of-way; vines or climbing plants growing into or over any appliance or facility provided for fire protection purposes; and caterpillar infestations; E. K. The existence or accumulation of any filth, trash, dirt, filth, spilled garbage, waste, stagnant or impure water, decayed or decaying substances, accumulation of lawn or yard trimmings, or other offensive matter, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere, except in a compost process which adheres to the following: Comment [JS2]: This is addressed by Chapter of the BLMC, which has a separate enforcement provision and adopted to comply with the City Comment [JS3]: This is a relic from the old code and should be deleted. Comment [JS4]: This is addressed in the International Property Maintenance Code adopted pursuant to BLMC G. 1. Composting can be completed in one of three following ways: a. Yard waste shall be composted within a three sided bin or turning system. b. Kitchen scraps shall be composted within pest-resistant containers like airtight buckets with spigots, food digesters, and worm bins. c. Piles shall be limited to one cubic yard and a parcel shall have no more than three such piles unless zoned for such uses. 2. Composting shall not include domestic septage, sewage sludge, or pet urine or feces. F. L. The existence of a Any accumulation of materials or objects in a location when the same endangers property or safety or constitutes a fire hazard, including piles of wood except neatly stacked firewood; M. The accumulation of filth, including stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere; Comment [JS5]: This was combined with G above Page 3 of 22 Agenda Packet p.17 of 50

18 G. N. Any litter, unless it is kept in approved covered bins or galvanized receptacles; H. O. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to be deposited thereon; P. All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public; Q. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks, unless a special event permit has been obtained; I. R. All hanging signs, temporary signs, awnings and other similar structures over or placed on the streets, public rights of way, or sidewalks, or so situated as to endanger public safety; Comment [JS6]: This is addressed in Chapter BLMC, which is the City s code for Streets, Sidewalks, and Public Places. J. S. All wells, cisterns or septic tanks without adequate cover while in regular use and all wells and cisterns not filled in with earth when abandoned; T. All places, other than those zoned and licensed as wrecking yards or repair shops, used or maintained for the storage of unlicensed vehicles or for wrecking or disassembling of vehicles or machinery of any kind; or storage of any parts thereof except within an enclosed garage or building. For the purposes of this chapter, all vehicles not bearing a current vehicle license within 90 days of the beginning of any license year shall be deemed unlicensed, and the restrictions in this chapter shall not apply to any resident repairing a licensed vehicle registered in his name; provided, that all such work shall be accomplished on his property and shall be completed within 30 days, and during such time all body and mechanical parts and tools shall be stored in a neat and orderly manner not in public view; K.U. Ground vibrations recurrently generated to be perceptible without instruments at any point of the lot line on which the use is located; Comment [JS7]: This is addressed in the Public Nuisance Vehicle Code Chapter BLMC and the Land Use Matrix in Chapter BLMC. L. V. Emission of an obnoxious or dangerous degree of heat, glare, radiation or smoke; M.W. Highly flammable or explosive liquids, solids or gases unless stored in bulk aboveground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision; N. X. Outdoor storage of fuel containers and construction materials unless screened from view of the adjacent property by a fence, greenbelt or wall. Construction materials stored outside for up to sixty (60) days as part of an active construction project are excluded from this provision; Page 4 of 22 Agenda Packet p.18 of 50

19 O.Y. All materials or waste which might cause fumes or dust which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects unless stored outdoors in closed containers; Z. Swimming pools that are not protected from entry by unauthorized persons in accordance with the International Residential Code, adopted by reference in Chapter BLMC; P. AA. Growth of more marijuana plants in a residence than authorized for personal, medical use by RCW 69.51A.210(1) through (3), or growth of an authorized number of personal, medical marijuana plants in a manner than can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another; Comment [JS8]: This is addressed in the International Property Maintenance Code adopted pursuant to BLMC G. Q. Any building or structure where construction was commenced and then ceased and the building or structure was left unfinished and the permit or permit application has expired, or any building or structure that has been constructed or modified without required permits; R. The discharge of sewage, human excrement except through approved public or private disposal systems that are constructed and maintained in accordance with applicable standards; S. Unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; any structurally unsound or unsafe fence or edifice. Section 4. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: Notice of violation and abatement Enforcement. This chapter shall be subject to the enforcement provisions of Chapter BLMC. A. The public official, if he or she has a reasonable belief that a public nuisance exists in violation of this chapter, shall issue a notice of violation and abatement to the owner of the property. Said notice of violation and abatement shall contain the following: 1. The street address or a description of the building, structure, premises, or land, in terms reasonably sufficient to identify its location; 2. A description of the violation and a reference to the provisions of the Bonney Lake Municipal Code which have been violated; 3. A description of the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, or any other appropriate action; Page 5 of 22 Agenda Packet p.19 of 50

20 4. The period of time by which the owner must take action to abate the nuisance; 5. A statement that the owner may request a hearing by the hearing officer. Such request must be in writing and must be received by the city clerk no later than 10 calendar days after the notice of violation and abatement has been issued; 6. A statement that if the owner fails to submit a timely request for hearing, and fails to abate the nuisance within the period of time designated in the notice of violation, the city may abate the nuisance and may assess all costs of abatement against the owner of the property; 7. A statement that the costs and expenses of abatement incurred by the city may be assessed against the owner named in the notice of violation and abatement and further that failure to pay said costs may result in a lien against the property. B. The notice of violation and abatement shall be served by any one or any combination of the following methods: 1. By first class certified or registered mail to the address of the owner as indicated by the records of the Pierce County assessor; or 2. By posting the notice of violation and abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or 3. By personal service upon the owner of the property as indicated by the records of the Pierce County assessor Section 5. Chapter of the Bonney Lake Municipal Code is hereby renamed Code Enforcement. Chapter and the corresponding portions of Ordinance Nos and are hereby amended to read as follows: Purpose. The purpose of this chapter is to provide fair, effective means of enforcing the development code, BLMC Titles 14 through 19. The purpose of this chapter is to establish an efficient system of enforcing city regulations that will enable violations to be promptly resolved whenever possible, while providing appropriate penalties and a full opportunity for alleged violators to have a hearing to contest the violations. It is the express and specific purpose and intent of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Agenda Packet p.20 of 50 Page 6 of 22

21 Definitions A. Code Enforcement Documents means documents related to code enforcement, including but not limited to notices violations, notices of civil violation, and stop work orders. B. Code Official means an official designated by the mayor or designee identified to enforce the provisions of the BLMC or any law enforcement officer Penalties further defined. A. Violations may be enforced by issuing notices of violation, recording notices of noncompliance, civil penalties, and/or criminal penalties. B. The penalties listed in this Chapter may be imposed in conjunction and do not preclude application of other penalties, sanctions, or rights of action provided by law. C. The penalty for a civil violation shall be $1,000 for each day of documented violation. D. Any violation of this shall constitute a misdemeanor. It shall be a violation of this development code to: 1. Violate any of its provisions; 2. Proceed with a development without first obtaining a required permit; 3. Violate any condition of a permit issued pursuant to this development code; 4. Violate any order issued pursuant to this development code; 5. Aid or abet a violation of this development code; 6. Knowingly falsify any document required by this development code; or 7. Falsify or tamper with any monitoring device or record required in the administration of this development code. E. The penalties assessed in this chapter are in addition to any investigation fees provided in the building code. In the event of a conflict between the penalty provisions of this chapter and the building code, this chapter shall prevail. F. E. Payment of a penalty does not relieve the violator of the duty to correct the violation. Page 7 of 22 Agenda Packet p.21 of 50

22 G. Each day of violation is documented shall constitute a separate offense. H. The presence of a violation of the development code on a property shall constitute prima facie evidence that the owner of the property is the violator. However, this shall not relieve or prevent enforcement against any other responsible person General Provisions. A. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any international or uniform code, statute, or regulation that is adopted in the Bonney Lake Municipal Code and subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. B. Responsibility for violations of the codes enforced under this chapter is joint and several, both as to duty to correct and to payment of monetary penalties and costs, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. C. In computing any period of time prescribed or allowed by this code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor legal holiday. D. Any person who intentionally intimidates, obstructs, impedes, or interferes with any lawful attempt to serve a notice of violation, stop work order, or emergency order, or intentionally obstructs, impedes, or interferes with lawful attempts to correct a violation shall be guilty of a misdemeanor. E. A violation does not become legal by lapse of time. The responsibility established in Property Owner Responsibility runs with the land and shall be binding on all parties having or acquiring any right, title, interest, or any part thereof the site, including the grantor, heirs, successors, and assigns. Every successive owner of the property or premises shall assume this duty and responsibility. F. Every property owner has a duty to: maintain property in a lawful manner and free of violations; exercise reasonable diligence to ensure that the property remains free of violations; and ensure that no other person can cause or contribute to a public violation Agenda Packet p.22 of 50 Page 8 of 22

23 on the property. It is not a defense to this Chapter that other persons may have caused or contributed to the violation. G. The policy of the City of Bonney Lake is to prioritize code issues related to the health and safety of the community. The City of Bonney Lake has prioritized the following areas for code enforcement: 1. Enforcement of life, health and safety violations 2. Stop work orders for non-permitted activity 3. Violations within Critical Areas 4. Monitoring and enforcement of permit and approval conditions 5. Other violations of the development code Service of Documents. A. For purposes of this chapter, service of code enforcement documents shall be accomplished by one of the following methods of service; provided, that criminal charges shall be served as provided by applicable law: 1. Personal service is accomplished by handing the document to the person subject to the document or leaving it at his or her last known dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or leaving it at his or her office or place of employment with a person in charge thereof. Personal service may also be accomplished by the hearing examiner or his or her assistant handing any order, ruling, decision, or other document to a person prior to, during, or after a hearing. 2. Service by mail is accomplished by sending the document by regular first class mail to the last known address of the person subject to the document. The last known address shall be an address provided to the city by the person to whom the document is directed. If an address has not been provided to the city, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the county assessor or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address appearing in any database used for the payment of utilities for the property at which the violations are occurring; or the address of the person to whom the documents are being sent that appears in the Washington State Department of Licensing database. Page 9 of 22 Agenda Packet p.23 of 50

24 3. Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. 4. Service by publication is accomplished by publishing the document as set forth in RCW and , as currently enacted or hereafter amended. B. If service is accomplished by personal service, service shall be deemed complete immediately. If service is accomplished by mail or posting, service shall be deemed complete upon the third business day following the day on which the document is placed in the mail or posted. If service is accomplished by publication, service shall be deemed complete upon the publication of the document as set forth in RCW C. Proof of service shall be made by written affidavit or declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by which service was made. If service was made solely by posting or publication, the proof of service shall include a statement as to what steps were used in attempting to serve personally and by mail the person at whom service of the document is directed. If service was made by posting, a photograph of the posting may be taken and retained by the city as documentation. D. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service made in compliance with this section, nor shall it invalidate the document Nature of violation Penalties. Any violation of this development code shall be a misdemeanor and a civil violation. See Chapter 1.16 BLMC for misdemeanor penalties. The penalty for a civil violation shall be $1,000 for each day of violation. A. Violations of this development code may also be nuisances. See BLMC Title 8. B. The penalties assessed in this chapter are in addition to any investigation fees provided in the building code. In the event of a conflict between the penalty provisions of this chapter and the building code, this chapter shall control. C. Payment of a penalty does not relieve the violator of the duty to correct the violation Right of inspection. Agenda Packet p.24 of 50 Page 10 of 22

25 The director(s) code official may inspect buildings, structures or premises for compliance with this development code Chapter 8.20 and Titles 14 through 19 of the Bonney Lake Municipal Code as allowed by law Stop work order. The director(s) code official may order any development activity stopped if: A. A required permit was not obtained; B. The work violates the development code or any permit condition; C. The permit was based on erroneous information submitted by the applicant; or D. The work has become a hazard to life or property due to weather or other unforeseen conditions Notice of Violation. Whenever, upon a reasonable belief by the code official, a violation exists, a code official may issue a notice of violation to the landowner(s), containing the following: A. The street address, parcel number(s), or description of the building, structure, premises, or land in terms reasonably sufficient to identify its location; B. A description of the violation(s); C. A reference to the title, chapter, and section of the BLMC, regulation or written order which has been violated, if applicable; D. A description of the action required to abate the violation which may include corrections, repairs, demolition, removal, request for an inspection to demonstrate that violation does not exist, or any other appropriate corrective action, and a deadline by which voluntary abatement must be completed; E. A statement indicating that civil penalties may be assessed for failure to take corrective action by the required deadline. E. A Statement indicating that failure to respond to the notice of violation or failure to attend any hearing shall result in the violation being deemed committed without requiring further action by the city; F. A Statement indicating that payment of a civil penalty does not relieve the person or entity named in the notice of violation of the duty to abate the violation, and that failure Page 11 of 22 Agenda Packet p.25 of 50

26 to abate may result in the issuance of additional notices of violation and/or criminal charges, with additional civil and/or criminal penalties. G. A statement that the City preferred approach to the resolution of the violation is to obtain voluntary compliance as provided in BLMC , which allows the property owner to enter into either a work plan not to exceed six months or a voluntary correction agreement to provide additional time to voluntarily abate the violation. H. A statement that a Notice of Violation is appealable to the Hearing Examiner under the provisions BLMC and BLMC Voluntary compliance correction. A. Securing voluntary compliance. If the director(s) determines that a violation of this development code has occurred, The director(s) code official shall attempt to secure voluntary correction prior to issuing a notice of civil violation penalty, recording a notice of violation non-compliance with Pierce County, and/or pursuing criminal charges; provided, that the director(s) may immediately issue a notice of civil violation voluntary correction efforts are not required if: 1. An emergency exists; 2. A repeat violation occurs; 3. The violation creates a condition which cannot be corrected; or 4. The person knew or reasonably should have known that the action is in violation. B. Request Correction. In attempting to secure voluntary compliance correction, the director(s) City shall contact the alleged violator, explain the violation, and request correction. Comment [JS9]: Recommend deleting these two provisions as we would still want to try an obtain voluntary compliance even in these cases. C. The director(s) and alleged violator may enter into a voluntary correction agreement containing the location and nature of the violation, a reference to the violated code provision(s), and the necessary correction and time limit. The director(s) may extend the time limit if the violator shows due diligence. The director(s) s decisions with respect to voluntary correction agreements may not be appealed. If the alleged violator needs six (6) months or less to resolve the violation the City and the alleged violator can develop a work plan to resolve the violation. The work plan shall describe the work to be performed, include a statement that failure to adhere to the work plan may result in civil penalties or criminal charges in accordance with BLMC , and statement that the City may abate the code violation and assess costs against the owner or property if the work plan is not followed. Page 12 of 22 Agenda Packet p.26 of 50

27 D. If the alleged violator needs more than six (6) months to resolve the violation the City and the alleged violator can enter into a formal voluntary correction agreement. A voluntary correction agreement will generally contain the following information: 1. The name and address of a person responsible for the violation; 2. The street address or 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 code provisions that have been violated; 4. A statement indicating what corrective actions are required and a correction deadline stating the deadline by which the corrective actions must be completed to the satisfaction of the code official; 5. An agreement by the person in possession and control of the property that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; 6. An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred or is occurring that, if the terms of the voluntary correction agreement are not met, the city may enter the property, abate the violation, and recover its costs and expenses as provided in this chapter; 7. An agreement that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the hearing examiner under this chapter regarding the violation, any penalty, and/or required corrective action; and 8. A statement indicating that enforcement measures may be taken pursuant to his Chapter, including issuance of a notice of civil violation may be issued with each violation constituting a separate offense subject to civil penalties and/or criminal charges, for failure to comply with the voluntary correction agreement. E. An extension of the deadline for voluntary correction, or a modification of any required corrective action, may be granted by the code official if the person responsible for the violation has, in the opinion of the code official, shown due diligence or made substantial progress in correcting the violation but unforeseen circumstances have rendered correction unattainable within the original deadline Notice of Civil violation penalty. Page 13 of 22 Agenda Packet p.27 of 50

28 A. Issuance of Civil Violation. Subject to the provisions of BLMC , the director(s) The code official may issue a notice of civil violation penalty to the in the amount of $1000 per day of documented violation for failure to comply with the provisions of Chapter 8.20 and Titles 14 through 19 of the Bonney Lake Municipal Code or any term of a voluntary correction agreement, work plan, or notice of violation. alleged violator Said notice represents a determination that a violation of this development code has been committed. This determination is final unless appealed as provided herein. The notice of civil violation penalty shall include: A. The street address, parcel number(s), or description of the building, structure, premises, or land in terms reasonably sufficient to identify its location; B. A description of the violation(s); C. A reference to the title, chapter, and section of the BLMC, regulation or written order which has been violated, if applicable; D. A description of the action required to abate the violation which may include corrections, repairs, demolition, removal, request for an inspection to demonstrate that violation does not exist, or any other appropriate corrective action, and a deadline by which voluntary abatement must be completed; E. A statement indicating the amount of civil penalties that have been assessed for failure to take corrective action by the required deadline. F. A Statement indicating that payment of a civil penalty does not relieve the person or entity named in the notice of violation of the duty to abate the violation, and that failure to abate may result in the issuance of additional civil and/or criminal penalties. H. A statement that a Notice of Civil Penalty is appealable to the Hearing Examiner under BLMC and BLMC The name of the person to whom it is directed; 2. The street address or other identification of the premises where the violation has occurred; 3. A description of the violation and a reference to the violated code provision(s); 4. If a correctable violation has not been corrected, an order to take specific corrective action(s) by a given time; Agenda Packet p.28 of 50 Page 14 of 22

29 5. A statement of the penalty for violation. If the notice of civil violation includes an order to take corrective action(s) by a given time, the notice may state that the penalty will begin to accrue at that given time6. If the violation is ongoing, a statement that the notice is a continuing notice and that daily notices shall not be necessary to assess the daily penalty; and 7. A statement that the notice may be appealed to as provided in BLMC B. The director(s) shall serve the notice of civil violation upon the person to whom it is directed either personally or by mailing a copy to their last known address. If after due diligence the director(s) cannot personally serve the notice nor ascertain an address, the director(s) shall serve the notice by posting it conspicuously on the premises. The person serving the notice shall state in writing, under penalty of perjury, the time, date, and manner of service, and, if by posting, the facts showing due diligence in attempting to serve personally or by mail Notice of Non-Compliance A. In conjunction with the assessment of civil penalties, the City may record a Notice of Non-Compliance with the Pierce County Auditor against the property on which a violation has taken place. B. The Notice of Non-Compliance is to notify interested parties, lenders, and subsequent purchasers that a violation exists on the property and the amount of the civil penalties access provided that: 1. Prior to recording a Notice of Non-Compliance, the City shall provide written notice of intent to record to the owner. Notice shall be delivered either personally or by mailing a copy of such notice by regular first class and certified mail to last known address of the owner. If the owner's address is unknown, the notice shall be mailed to the taxpayer as shown on the Assessor's records. 2. The Notice of Non-Compliance shall recite that the documented violations stay with the property and correction becomes the responsibility of subsequent property owners. 3. When the civil penalty assessed for the violation has been paid and the violation has been remedied to the satisfaction of the City (i.e., final inspections have occurred and final approvals have been granted), the City shall record a Notice of Compliance. The owner shall be responsible for paying the cost of recording the Notice of Non- Compliance and the Notice of Compliance before the Notice of Compliance is recorded. Page 15 of 22 Agenda Packet p.29 of 50

30 Appeal. A. Notices of Civil violations penalties and notices of violation may be appealed to the hearing examiner. Refer to BLMC for the appeal deadline, procedure, and fee. The appeal of a notice of violation may contest that a violation occurred, the penalty, and/or the corrective action ordered. Failure to appeal the notice of violation waives the right to contest that a violation occurred or the corrective action ordered during an appeal of the civil penalty. The appeal fee shall be refundable if the appellant prevails in the appeal. B. The hearing examiner shall conduct a hearing consistent with Chapter 2.18 BLMC on the appeal. The director(s) and the alleged violator may participate in the hearing and call witnesses. C. The hearing examiner and shall: 1. Prepare findings regarding whether a preponderance of evidence shows that the violation occurred and the required corrective action is reasonable; and 2. Accordingly affirm, vacate, or modify the particulars of the notice of civil violation. 3. Confirm Affirm, vacate, or modify the assessment of daily monetary civil penalties; provided that the. The hearing examiner may reduce the civil penalties y imposed by the Director based on the following considerations: a. Whether the violation was a first violation; b. Whether the violator showed due diligence in correcting the violation; c. Whether the penalty is more than necessary to: i. Neutralize any profit enjoyed by the violator as a result of the violation; ii. Make the public whole for environmental or other damages suffered as a result of the violation; and iii. Recompense the city for the costs of enforcement; and iv. Other relevant factors. B. The hearing examiner shall mail a copy of the determination to the affected party within 15 days of the hearing. Agenda Packet p.30 of 50 Page 16 of 22

31 C. Any appeal of the hearing examiner s determination must be filed with superior court pursuant to Chapter 36.70C RCW. within 20 days from the date of the mailing of the hearing examiner s determination Hearing examiner s options in assessing monetary penalties. A. The hearing examiner may assess daily monetary penalties as of: 1. The earliest proven date of violation; 2. The date by which correction was to be completed according to the voluntary correction agreement if applicable; 3. The date of the notice of civil violation; or 4. The date by which the notice of civil violation ordered corrective action(s) to be taken. B. The hearing examiner may reduce the penalty based on the following considerations: 1. Whether the violation was a first violation; 2. Whether the violator showed due diligence in correcting the violation; 3. Whether the penalty is more than necessary to: a. Neutralize any profit enjoyed by the violator as a result of the violation; b. Make the public whole for environmental or other damages suffered as a result of the violation; and c. Recompense the city for the costs of enforcement; and 4. Other relevant factors. C. The hearing examiner may increase the monetary penalty by a factor of up to five if the violation was a repeat violation Compliance Once the property owner has addressed the violation identified in the notice of violation and requested an inspection by the code official to confirm that the violation has been addressed, the code official shall issue a letter to the property owner stating that either the violation has been addressed or what additional actions are required to address the Page 17 of 22 Agenda Packet p.31 of 50

32 violation. Once the code official determines that the violations have been resolved, the code official will issue a notice of compliance to the property owner Collection Lien. A monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Assessed penalties shall be paid to the city clerk within 15 days from the date of mailing of the notice of civil penalty hearing examiner s determination that penalties are due. The city may take all legal means to collect penalties Abatement by the City Lien. A. The city may abate a civil violation, including any resulting environmental damage, if: 1. The violation occurs on public right-of-way or city-owned land; 2. A public safety emergency exists; or 3. A competent authority authorizes such abatement. B. The costs of abatement pursuant to BLMC (A) shall be billed to the person responsible for the violation and/or the owner, lessor, tenant of the premises, and shall become due and payable to the city clerk within 15 days. The costs of abatement shall include direct and indirect personnel costs; attorney s fees; hauling, storage and disposal expenses; costs incurred hiring and supervising contractors; and other actual costs. C. To recoup abatement costs, the city may file a lien or tax lien as provided by law against the property on which the violation occurred. D. If an illegal sign or portable structure is located on public property or presents an immediate hazard to the public safety as defined in Chapter 8.28 BLMC, the director(s) code official may impound such sign or structure without notice. Recovery of said sign or structure shall be subject to payment of a fee of $ or the city s actual cost in removing and storing the sign or structure, whichever is higher. No cause of action shall be maintained against the city for damage to signs or structures impounded in accordance with this subsection Abatement by city Unfit dwellings, buildings, and structures. A. The city of Bonney Lake finds that there exists in its territorial limits unfit dwellings, buildings, and structures as defined in RCW B. The hearing examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if conditions exist in such dwelling, building, Agenda Packet p.32 of 50 Page 18 of 22

33 structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the city of Bonney Lake. A dwelling, building, structure, or premises is dangerous or injurious when, among other situations, it is vacant for an extended period and persistently or repeatedly becomes unprotected or unsecured, or is currently or frequently occupied by unauthorized persons for illegal purposes, or the owner or occupant(s) of the structure have not provided minimum safeguards to protect or warn occupants in the event of fire, contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it presents a danger of structural collapse or fire spread to adjacent properties. C. The hearing examiner shall serve as the public officer as defined in RCW , except that the director(s) code official shall provide all administrative functions such as preliminary investigations and the serving of notices. The director(s) code official shall have the power to investigate the dwelling and other property conditions in the city and to enter upon premises, with consent of the occupant, for the purpose of making examinations when the director(s) code official has reasonable grounds for believing they are unfit for human habitation, or for other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and the director(s) code official shall obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted. D. Except for the director(s) s code official s functions listed in subsection BLMC B of this section, the hearing examiner shall have all the powers and follow all the procedures identified for the board or officers in RCW E. In determining the fitness of a premises, the hearing examiner shall reference Chapter 8.20 BLMC, Chapter 8.24 BLMC, Chapter 8.28 BLMC, Chapter 8.32 BLMC, and the building codes adopted pursuant to Chapter BLMC, or any other pertinent provision of this the development code, in accordance with RCW (1)(d) and (e). F. The city council shall serve as the appeals commission identified in RCW (1)(g), complying with the procedures stated therein. G. In accordance with RCW (1)(h), the cost of abatement by the city shall be assessed against the real property upon which such cost was incurred, which assessment the county treasurer shall enter upon the tax rolls against the property for the current year. If the city sells any materials from the premises as provided in RCW (1)(h), it shall do so in accordance with Chapter BLMC. The assessment shall constitute Comment [MR10]: There is no Chapter 3.88 BLMC, the procurement and disposition of Goods and Services is provided in Chapter 2.70 BLMC. Page 19 of 22 Agenda Packet p.33 of 50

34 a lien against the property which shall be of equal rank with state, county and municipal taxes. H. Any person affected by an order issued by the city council pursuant to subsection BLMC F of this section may petition to the superior court as provided in RCW (2) Abatement Vegetation and Debris A. As authorized in RCW the City may order a property owner to remove all vegetation growing or which has grown and died and/or debris which are a fire hazard or a menace to public health, safety or welfare. B. The notice of abatement shall be issued by a resolution adopted by the City Council after not less than five days' notice to the owner, which shall describe the property involved and the hazardous condition, and require the owner the remove the vegetation and/or debris. C. If the owner does not comply with the notice of abatement within 90 days, the City may cause the vegetation and/or debris to be removed and the cost incurred by the City shall become a charge against the owner of the property and a lien against the property pursuant to RCW Other recourse. A. In the event of a violation, the city may also: B. Revoke, place further conditions on, or suspend processing of permits pertaining to the violator or the premises on which the violation occurred; C. Deny utility access extensions to the premises; D. Revoke the violator s business license; or E. Pursue any other recourse available under law Police shall enforce. Bonney Lake police shall enforce the development code. See BLMC Section 6. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: International Property Maintenance Code Amended Agenda Packet p.34 of 50 Page 20 of 22

35 The International Property Maintenance Code, as adopted by BLMC , is hereby amended as follows: A. Section Title. These regulations shall be known as the International Property Maintenance Code, hereinafter referred to as this code. B. Section Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of Chapter BLMC Building Code. C. Section General. The code official shall enforce the Bonney Lake Property Maintenance Code. D. Section Fees. All fees shall be determined by Chapter 3.68 BLMC. E. Section Right of Entry. Refer to BLMC F. Section 106 Violation. Violation of the International Property Maintenance Code shall be subject to the enforcement provisions of Chapter BLMC. G. Section Notice to responsible person. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in BLMC and H. Sections entitled Form and entitled Method of Service are deleted. I. Section Penalties for noncompliance with orders and notices shall be as provided in Chapter BLMC. J. Section 111 is deleted in its entirety. K. Section Failure to Comply. Any person who shall continue any work after having been served with a stop work, except such work as that person is directed to perform by the code official to remove a violation or unsafe condition shall be subject to the enforcement provisions of Chapter BLMC. L. Section Terms defined in other codes. Where terms are not defined in this code and are defined in the codes adopted by reference in BLMC , such terms shall have the meanings ascribed to them as stated in those codes. M. Section Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twenty-four inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses and vegetation, other than trees Page 21 of 22 Agenda Packet p.35 of 50

36 or shrubs provided; however, this term shall not include cultivated flowers or gardens. Noxious weeds shall be defined as those found on the Noxious Weeds Designated for Control or Eradication in Pierce County by the Pierce County Noxious Weed Control Board. N. Section Motor vehicles is deleted in its entirety. O. Section Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the Uniformed Plumbing Code as adopted by the City in BLMC F. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all time during occupancy of the premises. Section 7. Repealer. The previously codified provisions of Section through Section and the corresponding portions of Ordinance No. 1380, 6 and Ordinance No are each repealed. Section 8. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as required by law. Comment [JS11]: This is the current enforcement provision for public nuisances and are no longer need as all the enforcement procedures are provided in Chapter The provisions in these section were substantial consistent with the information in Chapter BLMC. PASSED BY THE CITY COUNCIL this day of, 2019 Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, MMC, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Page 22 of 22 Agenda Packet p.36 of 50

37 Planning Commission Memo Date : November 7, 2018 To : Mayor and City Council From : Grant Sulham, Planning Commission Chair Re : Ordinance D Code Enforcement and Public Nuisances On November 7, 2018, the Planning Commission conducted a Public Hearing on Ordinance D18-125, which amends the City s code enforcement procedures and public nuisance regulations The Planning Commission voted to recommend that the City Council approve Ordinance D As required by BLMC , the Planning Commission adopts the following findings of fact in support of its recommendation: 1. On November 7, 2018, the City of Bonney Lake Planning Commission held a public hearing to consider the amendments to the City s development regulations contained in this Ordinance, as required by BLMC The City complied with all applicable notice, timing and comment provisions in scheduling and carrying out the above-referenced hearing. 3. At the above-referenced hearing, the City of Bonney Lake Planning Commission determined that the amendments to the City s development code contained in this Ordinance are consistent with other BLMC development regulations and with the laws of the State of Washington. 4. The City Administrator acting as the SEPA Responsible Official determined that the proposed amendments were categorically exempt from SEPA pursuant to WAC (19)(a); and 5. Pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on October 31, Ordinance D PC Recommendation Page 1/1 Agenda Packet p.37 of 50

38 Agenda Packet p.38 of 50

39 Planning and Building Division Briefing Memorandum Date: January 8, 2019 To: City Council From: Jason Sullivan, Planning and Building Supervisor Re: Code Enforcement and Public Nuisance Regulations PURPOSE: The purpose of this memo is to provide a more detailed discussion related to the update of the City s code enforcement and public nuisance regulations in Chapters 8.12, 8.20, and of the Bonney Lake Municipal Code. ATTACHMENTS: 1. Current Code Enforcement Work Flow 2. Proposed Code Enforcement Work Flow BACKGROUND: Code enforcement is a traditional function of City government and of the most visible functions performed by City staff. One of the first tools available to protect the character and image of a City is a well-written code that is clear and easily enforceable. The current code is best described as disjointed, with noticing requirements, appeal processes, and timelines scattered throughout different chapters. Additionally, the changing nature of the City of Bonney Lake is not reflected in the current code which has lagged behind the changing socio-economic character and growing population. Specific issues identified included junk vehicles, debris in yards, unfit structures, and drug houses. Therefore, as part of the Planning Commission Work Plan, the City Council directed staff to review and revise the code enforcement and public nuisance regulations for the City. This work is consistent with Community Development Action 8 in the Implementation Element of Bonney Lake DISCUSSION: In general this work effort focused on adding protections for City staff performing code enforcement duties, increasing the readability of the regulations, and clearly identifying the steps in the code enforcement process so that staff and City residents can easily understand the enforcement and appeal processes. In order to address the conflicting and disjointed enforcement process that resulted from some enforcement procedures being adopted in Chapter BLMC and a separate but similar process in Chapter 8.20 BLMC, the enforcement procedures in Chapter 8.20 BLMC are proposed to be repealed and all of the enforcement procedures will be provided in an updated version of Chapter BLMC. Code Enforcement Amendments City Council Memo Page 1 Agenda Packet p.39 of 50

40 Planning and Building Division Briefing Memorandum Chapter 8.20 BLMC Public Nuisances would simply reference the enforcement procedures in Chapter BLMC. Amendments to Chapter will streamline the enforcement process thus reducing inefficiency while having the corresponding benefit of producing better results with less staff time spent on the mechanics of the code enforcement process. This is demonstrated between the two attached work flow charts: Attachment A is the current process and Attachment B is the process following the adoption of the proposed amendments. The ordinance will also reduce duplication and conflicts between listed public nuisances in BLMC , International Property Maintenance Code (IPMC) already adopted by reference in BLMC G, and other existing code sections. As is common, municipal codes are amended over time resulting in duplication and conflicting regulations. This can result in confusion for staff and the public. Staff reviewed the list of public nuisance to determine if the nuisance was regulated under a separate code section and how the list of public nuisances interacted with the IPMC. There are also some amendments the IPMC in order to integrate the IPMC into the code enforcement process. The result was a code that is internally consistent and mutually supportive. The ordinance was developed in conjunction with the City Attorney to ensure that the regulations are consistent with state law and other federal constitutional protections. Code Enforcement Amendments City Council Memo Page 2 Agenda Packet p.40 of 50