Title 9 HEALTH AND SAFETY

The following codes, three copies of which are on file in the office of the city clerk, are adopted as ordinances of the city of Bellevue, and such codes, together with any maps which are a part thereof, by this reference are hereby made a part of this chapter as though fully set forth herein, and the several provisions of said codes as now in effect shall be in full force and effect and binding within the corporate limits of the city.

A. Health. Manual of the Codified Rules, Regulations and Standards of the Washington State Board of Health and the Department of Health of the state, as codified by the Attorney General, state of Washington, March 11, 1960;

B. Safety. State of Washington, Department of Labor and Industry, Division of Safety, Safety Standards for Construction Work, January 1, 1957, reprint 1960;

C. State of Washington, Department of Labor and Industry, Division of Safety, General Safety Standards, January 1, 1957 Edition, reprint 1961. (1961 code § 6.04.010.)

9.04.020 Inspection and condemnation of buildings.

The building inspector and plans examiner are authorized and empowered to enter any building or premises within the city for purposes of inspection or to prevent a violation of this chapter, upon presentation of proper credentials. Whenever in their opinion any provision of this chapter is being violated by the work, they or either of them may order such work to forthwith cease. Whenever in the opinion of the building inspector any building or portion thereof is dangerous or unsafe to persons or property, he may condemn the same and order its repair or removal. Written notice of such condition shall be served upon the owner, reputed owner or person in charge of such building and no building so condemned shall thereafter be used or occupied for any purpose after written notice as above provided has been served until the same shall have been repaired and approved by the building inspector. (1961 code § 6.04.020.)

9.04.030 Violation – Penalty.

Violation of any of the provisions of this chapter is a misdemeanor, and any person found guilty thereof shall be punished by a fine of not to exceed $200.00 or by imprisonment for not to exceed 60 days, or both. It is a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (1961 code § 6.04.030.)

Chapter 9.06
FOOD SERVICE ESTABLISHMENTS

9.06.010 Definitions.

1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;

2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established;

3. If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

4. If it has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;

5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter; or

6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

B. “Approved” means acceptable to the health officer based on his determination as to conformance with appropriate standards and good public health practice.

C. “Closed” means fitted together snugly; leaving no opening large enough to permit the entrance of vermin.

D. “Corrosion-resistant material” means a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds and sanitizing solutions which may contact it.

E. “Easily cleanable” means readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

F. “Employee” means any person working in a food service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.

G. “Equipment” means all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steam tables and similar items, other than utensils, used in the operation of a food service establishment.

H. “Food” means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

I. “Food contact surfaces” means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.

J. “Food demonstration” means serving, without charge, any sample or small portion of food, drink or food product for consumption within a food service establishment or in an area within a food service establishment where food is not routinely served for consumption on the premises.

K. “Food processing establishment” means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.

L. “Food service establishment” means any fixed or mobile restaurant; coffee shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern, bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; retail grocery; retail food market; retail bakery; private, public or nonprofit organization or institution routinely serving food; catering kitchen; food processing establishment; commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation where food is served or provided for the public with or without charge. Milk establishments governed by other resolutions of the county shall not be included within the provisions of this chapter.

M. “Health officer” means the health officer of the city or his designated representative.

N. “Kitchenware” means all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.

O. “Misbranded” means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading, or which violates any applicable state or local labeling requirements.

P. “Perishable food” means any food of such type or in such condition as may spoil.

Q. “Potentially hazardous food” means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

R. “Safe temperatures,” as applied to potentially hazardous food, means temperatures of 45 degrees Fahrenheit or below, and 140 degrees Fahrenheit or above.

S. “Sanitize” means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health officer as being effective in destroying microorganisms, including pathogens.

T. “Sealed” means free of cracks or other openings which permit the entry or passage of moisture.

U. “Single-service article” means cups, containers, lids or closures, plates, knives, forks, spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers and generally recognized by the public as for one usage only, then to be discarded.

V. “Tableware” means all multiuse eating and drinking utensils, including flatware (knives, forks and spoons).

W. “Temporary food service establishment” means any food service establishment which operates at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus or public exhibition.

X. “Utensil” means any tableware and kitchenware used in the storage, preparation, conveying or serving of food.

Y. “Wholesome” means in sound condition, clean, free from adulteration and otherwise suitable for use as human food. (1961 code § 6.06.010.)

9.06.020 Food sources and protection.

A. Food Supplies. All food in food service establishments shall be from sources approved or considered satisfactory by the health officer and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding and safe for human consumption. No hermetically sealed, nonacid and low acid food which has been processed in a place other than a commercial food processing establishment shall be used.

B. Food Protection. All food, while being stored, prepared, displayed, served or sold at food service establishments, or during transportation between such establishments, shall be protected from contamination. No food shall be prepared in a mobile food service establishment. All perishable food shall be stored at such temperature as will protect against spoilage. All potentially hazardous food shall be maintained at safe temperatures (45 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Individual portions of food, once served to the customer, shall not be served again; provided, that wrapped food which has not been unwrapped and which is wholesome may be re-served.

C. Poisonous or Toxic Materials. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food service establishments; provided, that retail grocery stores may be exempted from this requirement when such products are handled in a manner acceptable to the health officer. Poisonous and toxic materials shall be identified, and shall be used and stored only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers. (1961 code § 6.06.020.)

9.06.030 Employees – Health and disease control.

No person, while affected with any disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores or an acute respiratory infection, shall work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health officer immediately. It shall be the responsibility of anyone operating a food service establishment to see that all employees have valid food and beverage service workers’ permits issued under Chapter 197, Laws of 1957, and the rules and regulations of the State Board of Health. It is unlawful for anyone to work in a food service establishment without a valid food and beverage service workers’ permit. Such permits shall be issued by the Seattle-King County department of public health and signed by the health officer or his authorized representative and all applicants for such a permit or renewal thereof shall pay to such department a fee in the sum of $2.00. (1961 code § 6.06.030.)

9.06.040 Employees – Cleanliness.

All employees shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary to remove soil and contamination. No employee shall resume work after visiting the toilet room without first washing his hands. (1961 code § 6.06.040.)

9.06.050 Equipment and utensils.

A. All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair; and the food contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent; provided, that when approved by the health officer, exceptions may be made to the above material requirements for equipment such as cutting boards, blocks and bakers’ tables.

B. All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.

C. Equipment in use at the time of adoption of this resolution which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and if the food contact surfaces are nontoxic.

D. Single-service articles shall be made from nontoxic materials. (1961 code § 6.06.050.)

9.06.060 Cleanliness of equipment and utensils.

A. All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.

B. All kitchenware and food contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Non-food-contact surfaces of equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

C. After cleaning and until use, all food contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination.

D. All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.

E. Food service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles. (1961 code § 6.06.060.)

9.06.070 Water supply.

A. The water supply shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed; provided, that hot and cold running water under pressure may not be required for mobile food service establishments when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit.

B. Water, if not piped into the establishment, shall be transported and stored in approved containers and shall be handled and dispensed in a sanitary manner.

C. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner. (1961 code § 6.06.070.)

9.06.080 Sewage disposal.

All sewage shall be disposed of in a public sewerage system, or, in the absence thereof, in a manner approved by the health officer. (1961 code § 6.06.080.)

9.06.090 Plumbing.

Plumbing shall be so sized, installed and maintained as to carry adequate quantities of water to required locations throughout the establishment, as to prevent contamination of the water supply, as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system, and so that it does not constitute a source of contamination of food, equipment or utensils, or create an insanitary condition or nuisance. (1961 code § 6.06.090.)

9.06.100 Toilet facilities.

Each food service establishment shall be provided with adequate, conveniently located toilet facilities for its employees; provided, that adequate and convenient toilet facilities may not be required for employees of a mobile food service establishment when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of non-water-carried sewage disposal facilities have been approved by the health officer, such facilities shall be separate from the establishment. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this chapter. (1961 code § 6.06.100.)

9.06.110 Hand-washing facilities.

Each food service establishment, with the exception of a mobile food service establishment when the food offered for sale from such establishments is prepared and packaged in individual portions at a fixed food service establishment operating under valid permit, shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair. (1961 code § 6.06.110.)

9.06.120 Garbage and rubbish disposal.

All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leak-proof, nonabsorbent containers which shall be kept covered with tight-fitting lids when filled or stored, or not in continuous use; provided, that such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food wastes and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food waste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. (1961 code § 6.06.120.)

9.06.130 Vermin control.

Effective measures shall be taken to protect against the entrance into the establishment and the breeding or presence on the premises of vermin. (1961 code § 6.06.130.)

9.06.140 Floors, walls and ceilings.

A. The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared and in which utensils are washed, and walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials and so constructed as to be easily cleanable; provided, that the floors of nonrefrigerated, dry food storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust.

B. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared, or utensils or hands are washed, shall be easily cleanable, smooth and light colored, and shall have washable surfaces up to the highest level reached by splash or spray. (1961 code § 6.06.140.)

9.06.150 Lighting.

All areas in which food is prepared or stored or utensils are washed, hand-washing areas, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well lighted. During all clean-up activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned. (1961 code § 6.06.150.)

9.06.160 Ventilation.

All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire prevention requirements and shall, when vented to the outside air, discharge in such manner as not to create a nuisance. (1961 code § 6.06.160.)

9.06.170 Dressing rooms and lockers.

Adequate facilities shall be provided for the orderly storage of employees’ clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil washing and storage areas; provided, that when approved by the health officer such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean. (1961 code § 6.06.170.)

9.06.180 Sanitation regulations.

All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food service establishment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of food service establishment operations; provided, that guide dogs accompanying blind persons may be permitted in the dining area. (1961 code § 6.06.180.)

9.06.190 Extent of chapter coverage.

Temporary food service establishments, food demonstrations and specific food service establishments, including mobile restaurant, retail grocery, retail food market and retail bakery, shall comply with all provisions of this chapter which are applicable to their operation; provided, that the health officer may augment such requirements when needed to assure the service of safe food, may prohibit the sale of certain potentially hazardous food and may modify specific requirements for physical facilities when in his opinion no imminent health hazard will result and may establish rules and regulations governing such operations. (1961 code § 6.06.190.)

9.06.200 Permit.

A. Required – Terms. It is unlawful for anyone to operate a food service establishment without a valid permit to do so issued to him by the health officer. Only a person who complies with the requirements of this chapter and rules and regulations of the health officer shall be entitled to receive and retain such a permit. Permits shall not be transferable and shall be valid only for the person and place for which issued. It shall be valid for one year from date of issue. The permit shall be posted conspicuously in the food service establishment for which issued. Permits for temporary food service establishments may be issued for a period of time not to exceed 14 days.

B. Application. Any person desiring to operate a food service establishment shall make written application for a permit on a form to be provided by the health officer. Such application shall include the applicant’s full name and post office address and whether such applicant is an individual, firm or corporation, and, if a partnership, the names and addresses of the partners, the location and type of the proposed food service establishment, and the signature of the applicant or applicants. If the application is for a temporary food service establishment, it shall also include the inclusive dates of the proposed operation.

C. Inspection – Issuance. The health officer shall make an inspection of the proposed food service establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the health officer. (1961 code § 6.06.200.)

9.06.210 Permit – Suspension.

A. Cause. Any permit may be suspended temporarily by the health officer for failure of the holder to comply with the requirements of this chapter.

B. Notice. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator shall be served with a notice that, effective upon such service, his permit is suspended. Such notice shall advise that a hearing on such suspension will be provided if a written request for a hearing is filed with the health officer by the permit holder.

C. Immediate Closure. Notwithstanding any other provisions of this chapter, whenever the health officer finds that a violation of this chapter has created or is creating an insanitary or other condition in a food service establishment which, in his judgment, constitutes so serious a hazard to the public health as to require the immediate closure of the establishment, he may without warning, notice or hearing, suspend its permit effective immediately and all food service operations shall cease immediately. If, in the health officer’s opinion, immediate closure is not required, he may issue a written notice to the permit holder or operator citing the chapter violations creating the insanitary conditions, specifying the corrective action to be taken and the time period within which such action shall be taken. Any person to whom such an order is issued or whose permit is suspended under this section shall comply immediately with the order of the health officer, but upon written petition to the health officer shall be afforded a hearing as soon as possible.

D. Reinstatement. Any person whose permit has been suspended may at any time make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health officer shall make a reinspection. If the applicant is complying with the requirements of this chapter, the permit shall be reinstated. (1961 code § 6.06.210.)

9.06.220 Permit – Revocation.

A. Cause – Notice. For serious or repeated violations of any of the requirements of this chapter, or for interference with any health officer in the performance of his duties, or for failure to comply with any notice properly given under this chapter, the health officer may permanently revoke any permit. Before revoking any permit the health officer shall notify the permit holder in writing of the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five days following service of such notice unless a request for a hearing is filed with the health officer by the permit holder within such five-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

B. Hearing. Hearings on suspensions or revocation of permits shall be conducted by the health officer, or by a person designated by him at such time and place as he shall designate. At such hearing the permittee may appear with or without counsel and may testify, call witnesses and cross examine. The person conducting the hearing shall make a finding and shall sustain, modify or rescind any official notice or order considered at the hearing. A written report of the hearing decision shall be furnished to the permit holder by the health officer. (1961 code § 6.06.220.)

9.06.230 Inspection of food service establishments.

A. Incidence. The health officer shall inspect each food service establishment as often as is necessary for the enforcement of this chapter.

B. Access. A health officer exhibiting proper identification shall be permitted to enter, at any reasonable time, any food service establishment for the purpose of making inspections to determine compliance with this chapter. He shall be permitted to examine the records of the establishment pertaining to food and supplies purchased, received or used, and persons employed. (1961 code § 6.06.230.)

9.06.240 Inspection records.

A. Form – Demerit Score. Whenever the health officer makes an inspection of a food service establishment, he shall record his findings on an inspection report form prepared by the director of public health who shall be guided in the preparation thereof by PHS Form 4006. The health officer making such inspection shall furnish the original of such inspection report form to the permit holder or operator. Such form shall summarize the requirements of this chapter and shall set forth demerit point values to be charged any such permittee for violation of any of such requirements. Upon completion of an inspection, the health officer shall total the demerit point values for all requirements in violation, such total becoming the demerit score of the establishment.

B. Notice. The health officer making such inspection shall notify the permit holder or operator of all violations he may find by delivering to him a properly filled out inspection report form or other written notice. In such notification, the health officer shall set forth the specific violations found, together with the demerit score of the establishment. When a demerit score is 20 or less, all violations of two or four demerit points must be corrected by the time of the next routine inspection; or when the demerit score is more than 20 but not more than 40, all items of two or four demerit points must be corrected within 30 days; or when one or more six-demerit point items are in violation, regardless of demerit score, all such items must be corrected within 10 days. When the demerit score is more than 40, the health officer shall immediately suspend the permit. All violations in temporary food service establishments must be corrected within 24 hours of notice thereof. Failure to comply with such notice shall result in immediate suspension of the permit.

C. Appeal. The inspection report form shall state that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health officer within the time established in the notice for correction. (1961 code § 6.06.240.)

9.06.250 Service of notices.

Notices provided for under this chapter shall be deemed served when delivered personally to the permit holder or person in charge of the activity licensed or when sent by registered or certified mail, return receipt requested, to the last known address to the permit holder. A copy of such notice shall be filed with the records of the health officer. (1961 code § 6.06.250.)

9.06.260 Examination and condemnation of food.

Food may be examined or sampled by the health officer as often as may be necessary to determine freedom from adulteration or misbranding. The health officer may, upon written notice to the owner or person in charge, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded. Under a hold order, food shall be permitted to be suitably stored. It is unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health officer, and neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health officer, except on order by a court of competent jurisdiction. The owner or person in charge may demand a hearing such as is provided for in BCC 9.06.220, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 days, the health officer may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this chapter; provided, that such order of the health officer to denature or destroy such food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within three days. (1961 code § 6.06.260.)

9.06.270 Food from out-of-city establishments.

Food from food service establishments outside the city may be sold within the city if such food service establishments conform to the provisions of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health officer may accept reports from responsible authorities in other jurisdictions where such food service establishments are located. (1961 code § 6.06.270.)

9.06.280 Plan review of future construction.

When a food service establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alteration, showing layout, arrangement and construction materials of work areas, and the location, size and type of fixed equipment and facilities shall be submitted to the health officer for approval before such work is begun. (1961 code § 6.06.280.)

9.06.290 Procedure when infection is suspected.

When the health officer has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the health officer shall secure a morbidity history of the suspected employee, or make such other investigations as may be indicated, and take appropriate action. The health officer may require any or all of the following measures:

A. The immediate exclusion of the employee from all food service establishments;

B. The immediate closure of the food service establishment concerned until, in the opinion of the health officer, no further danger of disease outbreak exists;

C. Restriction of the employee’s services to some area of the establishment where there would be no danger of transmitting disease;

D. Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges. (1961 code § 6.06.290.)

9.06.300 Enforcement – Authority.

This chapter shall be enforced by the health officer in accordance with the compliance provisions of the 1962 Edition of the “United States Public Health Service Food-Service Sanitation Ordinance and Code,” three copies of which are on file in the office of the health officer and three copies of which are on file in the office of the city clerk. The health officer is also authorized to make rules and regulations not inconsistent with the provisions of this chapter for the purpose of enforcing and carrying out its provisions. (1961 code § 6.06.300.)

9.06.310 Violation – Penalty.

Anyone violating or failing to comply with any of the provisions of this chapter, upon conviction thereof, shall be punished by a fine of not to exceed $250.00 or by imprisonment in the county jail for a term not to exceed 90 days, or by both such fine and imprisonment, and each day that anyone continues to so violate or fails to comply shall be considered a separate offense. (1961 code § 6.06.310.)

Chapter 9.09
ABATEMENT OF JUNK VEHICLES

9.09.010 Purpose.

The purpose of this chapter is to preserve the character and safety of the city’s neighborhoods by eliminating as nuisances, junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authorized by RCW 46.55.240. (Ord. 4243 § 1, 1991.)

9.09.020 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:

A. “Applicable department director” means the director of the development services department or any designated alternate appointed by the city manager.

B. “Code compliance officer” means the person(s) designated by the director of the development services department to enforce this chapter.

C. “Junk vehicle” means any vehicle substantially meeting all of the following requirements ( RCW 46.55.010(4)):

2. Is extensively damaged, such damage including, but not limited to, any of the following: broken window or windshield or missing wheels, tires, motor or transmission; and

5. Has an approximate fair market value equivalent only to the approximate value of the scrap in it.

D. “Landowner” means an owner of private property, or a person in possession or control of private property. (Ord. 5821 § 13, 2008; Ord. 4243 § 1, 1991.)

9.09.030 Exemptions.

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

B. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130. (Ord. 4243 § 1, 1991.)

9.09.040 Abatement and removal of junk vehicles on private property.

A. Public Nuisance Declared. All junk vehicles certified as such by a law enforcement officer according to RCW 46.55.230 and found on private property are declared to constitute a public nuisance subject to removal, impoundment and disposal.

B. Voluntary Correction. Whenever the code compliance officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle’s registered owner.

C. Issuance of Notice of Civil Violation. If the code compliance officer does not obtain voluntary correction of the public nuisance, the officer may issue a notice of civil violation to the landowner and the vehicle’s registered owner in accordance with the provisions of BCC 1.18.040(C).

D. Content. For violations of this chapter the notice of civil violation shall contain the following information:

1. The name and address of the landowner upon whose property the vehicle is located; and

2. The name and address of the vehicle’s last registered owner of record provided license or vehicle identification numbers are available; and

3. The vehicle description including: the license plate number and/or the vehicle identification number; the model year; the make; and the factors which render the vehicle a public nuisance; and

4. The street address or a description sufficient for identification of the property where the vehicle is located; and

5. The required corrective action and a date and time by which the correction must be completed; and

6. The date, time and location of a hearing before the hearing examiner which will be at least 10 days from the date the notice is issued; and

7. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code compliance officer approves the completed required corrective action at least 48 hours prior to the scheduled hearing; and

8. A statement indicating that the city may remove, impound and dispose of the vehicle, and assess all costs and expenses of administration, removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the hearing examiner; and

9. A statement that a monetary penalty pursuant to BCC 1.18.040(E) in an amount per day for each violation shall be assessed against the landowner and/or the vehicle’s registered owner as specified and ordered by the hearing examiner in accordance with BCC 1.18.050.

E. Landowner Responsibility Disclaimer. The landowner may appear in person at the hearing or present a written statement prior to the hearing, to deny responsibility for the vehicle’s presence on the property. If the hearing examiner determines that the vehicle was placed on the property without the landowner’s consent and that the landowner has not subsequently acquiesced in its presence, then the costs and expenses of administration, removing, impounding and disposing of the vehicle shall not be assessed against the landowner.

F. Removal by the City. Pursuant to the hearing examiner’s orders, the city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or bulk hauler, with notice to the Washington State Patrol and the Washington Department of Licensing that the vehicle has been wrecked.

G. Recovery of Costs and Expenses. To the extent allowed by the law the city may file or record with appropriate state or county offices a claim or claims for lien for the costs of and expenses of removal, which impoundment and disposal of the vehicle may be enforced in accordance with the appropriate provisions of law. (Ord. 4243 § 1, 1991.)

9.09.050 Violation – Penalty.

A. It is unlawful for any person to allow, cause to allow or place a junk vehicle, on any premises.

B. It is a Class 1 civil infraction as defined in RCW 7.80.120 for a person to abandon a junk vehicle on property located within the city. If a junk vehicle is abandoned within the city, the landowner of the property upon which the junk vehicle is located is entitled to recover from the vehicle’s registered owner any costs incurred in the removal of the junk vehicle.

C. Except for subsection B of this section, any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

D. In addition to or as an alternative to any other penalty provided, except the penalty prescribed in subsection B of this section, in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 5238 § 1, 2000; Ord. 4243 § 1, 1991.)

9.09.060 Severability.

If any one or more section, paragraph or sentence 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. 4243 § 1, 1991.)

Chapter 9.10
NUISANCES¹

9.10.010 Definitions.

The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a violation of this chapter, by such means and in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Applicable department director” means the director of the department or any designated alternate who is empowered by the city manager or by ordinance to enforce a city ordinance or regulation.

C. “Building materials” means and includes lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials.

D. “Construction debris” includes any building material used prior to, during, or after construction-related activities, which is not properly screened or is otherwise offensive to a reasonable person. For purposes of this chapter, “construction-related activities” include any development on real property as defined in LUC 20.50.016.

E. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private.

F. “Premises” means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks and parking strips and any lake, river, stream, drainage way or wetland. (Ord. 5791 § 9, 2007; Ord. 4242 § 1, 1991.)

9.10.020 Prohibited conduct.

It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in BCC 9.10.030 to be a public nuisance. (Ord. 4242 § 1, 1991.)

9.10.030 Types of nuisances.

Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the applicable department director determines that any of these conditions exist upon any premises, the applicable department director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Chapter 1.18 BCC, Civil Violations:

A. The existence of any trash, dirt, filth, the carcass of any animal, accumulation of yard trimmings or other matter which is offensive to a reasonable person, except for such yard debris that is properly contained for the purpose of composting; or

B. Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions or things:

1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles; or

2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous; or

3. An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials on any premises which is not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or

4. An accumulation of any construction debris used prior to, during, or after construction-related activities as defined in LUC 20.50.016 which is not properly screened or is otherwise offensive to a reasonable person; or

C. The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or

D. The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicles, appliances or machinery of any kind, or any major parts thereof; or

E. The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank, without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto, or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto; or

F. The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance; or

G. The presence of rodents on any premises causing a threat to the public health, as determined by the director of the Seattle-King County department of public health pursuant to King County Board of Health Rules and Regulations No. 06-01 as adopted or hereafter amended. (Ord. 5791 § 10, 2007; Ord. 5689 § 1, 2006; Ord. 4242 § 1, 1991.)

9.10.040 Violation – Penalty.

A. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.18 BCC for which a monetary penalty may be assessed and abatement may be required as provided therein.

B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4242 § 1, 1991.)

Chapter 9.11
ANTI-LITTER CODE

9.11.010 Purpose.

The purpose of this chapter is to accomplish litter control in the city. This chapter is intended to place upon all persons within the city, the duty of contributing to the public cleanliness and appearance of the city in order to promote the public health, safety and welfare and to protect interests of the people of the city against unsanitary and unsightly conditions. It is further the intent of this chapter to protect the people against the public expense caused by littering. (Ord. 2687 § 1, 1979.)

9.11.020 Definitions.

For the purposes of this chapter, the following terms, phrases, words, and their derivations, shall have the meanings given in this section, in addition to the meanings set forth at BCC 1.04.020:

A. “Authorized litter receptacle” means a litter storage and/or collection receptacle as defined or required by this chapter as now enacted or hereafter amended.

B. “Compost pile” means plant debris, soil and other putrescible wastes stacked so as to encourage rapid decomposition for the ultimate use as plant fertilizer.

C. “Drop box” means a container for the disposal of litter of a capacity of at least 10 cubic yards and not more than 30 cubic yards.

D. “Dumpster” means a container for the disposal of litter of a capacity of at least one and one- quarter cubic yards and not more than eight cubic yards.

E. “Garbage” means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

F. “Handbill” means any printed or written matter, any sample, device, dodger, circular, leaflet, sampler, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copy of any matter of literature, political or nonpolitical, for profit or nonprofit, for commercial or noncommercial purposes not included in the definitions of “newspaper”; except the word “handbill” shall not include any notice or any document relating to legal proceedings, court proceedings or action of any government agency including the city.

G. “Litter” means garbage, refuse, and rubbish, as defined in this section, animal excrement, and in addition, all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a public nuisance.

H. “Litter receptacle” means a container for the disposal of litter of not more than 60-gallon capacity; provided, that garbage containers or other waste containers serving single-family or multi-family residences are not included in this definition.

I. “Newspaper” means any newspaper of general circulation, any newspaper duly entered with the U.S. Postal Service Department of the United States in accordance with federal statute or regulation, and, in addition thereto, means and includes any periodical or magazine regularly published with not less than four issues per year and sold or distributed to the public.

J. “Park” means a park, reservation, playground, beach, recreation center, or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

K. “Private property” means any realty not held out for the use by the public, whether owned or operated by public or private interests, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any dwelling, house, building or other structure, any walk, driveway, porch, steps, vestibule or mailbox located on such realty.

L. “Public place” means any area that is used or held out for use by the public whether owned or operated by public or private interests. “Public place,” for purposes of compliance with the provisions of this chapter regarding placement of litter receptacles in the number specified, shall not include indoor areas. An indoor area shall be construed to mean any enclosed area covered with a roof and protected from moisture and wind.

M. “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including garbage, rubbish, ashes, residue from street cleaning and solid market and industrial wastes.

N. “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes such as paper, wrapping, cigarettes, cardboard, tin cans, wood, glass, plastic, cloth, bedding, crockery and similar materials.

O. “Vehicle” means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. 2687 § 1, 1979.)

9.11.030 Prohibited conduct.

A. Deposit in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk, or other public place within the city except in litter receptacles or in official county transfer stations.

B. Deposit on Private Property. No person shall throw or deposit litter on any private property within the city, whether owned by such person or not, except that the owner or person in control of the private property may maintain private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements onto any street, sidewalk or other public place or onto any other private property.

C. Deposit in Parks. No person shall throw or deposit litter in any park within the city except in litter receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements onto any part of the park or onto any street or other public place. Where litter receptacles are not provided, all such litter shall be carried away and properly disposed of elsewhere as provided in this chapter.

D. Deposit in Water. No person shall throw or deposit litter in any fountain, pond, lake, stream, bay or any other body of water in a park or elsewhere within the city.

E. Throwing from Vehicles. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the city.

F. Litter from Vehicle. No person shall drive or move any vehicle within the city unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place or private property. Any person owning or operating a vehicle from which any litter has fallen or escaped, which would constitute an obstruction or damage to a vehicle or otherwise endanger travel upon such public street, shall immediately cause such public street to be cleaned of all such litter or other objects and shall pay any cost thereof.

1. No individual or person in charge of a construction site in the city shall cause or allow any litter from the site to be deposited by the elements or otherwise upon any adjacent public or private property. During such time as the construction site is not actually being used, all litter shall be stored or deposited in containers or receptacles in such a manner as to prevent the litter from being deposited upon adjacent property by the elements or otherwise.

2. No person in charge of any construction site in the city shall cause or allow any mud, dirt, sticky substances, road surfacing materials or other litter from said construction site to be deposited by any vehicles, the wheels or tires of any vehicles, the elements or otherwise upon any street, alley or other public place; provided, however, if a construction site and adjacent public streets and sidewalks are maintained under a clean-up program approved by the department of public works, then this paragraph shall not apply.

H. Sweeping into Gutters. No person shall sweep into or deposit in any gutter, stormwater drain, street or other public place within the city, an accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying any real property within the city shall keep the sidewalk in front of or adjacent to said property free of litter.

I. Dropping Litter or Handbills from Aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object.

1. Depositing in Public. No person shall throw, deposit, or post any handbill in or upon any sidewalk, street or other public place within the city; provided however, this section shall not prohibit the posting of commercial or noncommercial bills on posting boards designated for such purposes; and provided further, this section shall not apply to political signs as permitted pursuant to BCC 22B.10.120(E).

2. Placing on Vehicles. No person shall throw or deposit any handbill in or upon any vehicle without the permission of the owner of such vehicle; provided, however, that it is not unlawful in any public place for a person to hand out or distribute a handbill without charge to the receiver thereof.

3. Deposit on Vacant Property. No person shall throw, deposit, post or distribute any commercial or noncommercial handbill in or upon any private property which is temporarily or continuously uninhabited or vacant.

4. Distribution on Posted Premises. No person shall throw, deposit, post or distribute any handbill upon any private property if requested by the owner or person in control of such property to refrain from doing so or if there is placed on the property in a conspicuous position near the entrance thereof a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisement,” or any similar notice indicating in any manner that the occupants of the premises do not desire to have any such handbills left upon such premises; provided, however, that in case of inhabited private premises which are not posted as provided in this section, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, in such a manner as to prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations; provided further, that this chapter shall not be construed to permit solicitation as prohibited by BCC 10.12.140. (Ord. 4818 § 21, 1995; Ord. 2687 § 1, 1979.)

9.11.040 Property owner’s duty to keep premises litter-free.

The owner, occupant or person in control of any private property or public place shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit: the storage of litter in private litter receptacles for collection or disposal; the maintenance of compost piles contained within a physical structure; and the temporary storage of building, construction, landscaping and similar materials, except as prohibited by BCC 9.20.020L (Ord. 2687 § 1, 1979.)

9.11.050 Placement in litter receptacles.

Persons placing litter in litter receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 2687 § 1, 1979.)

9.11.060 Placement in dumpsters and drop boxes – Dumpster standards.

A. Persons placing litter in dumpsters or drop boxes shall do so in such a manner as to prevent the litter from being carried or deposited by the elements onto any street, sidewalk or other public property or onto any other private property.

B. No person shall deposit litter in any dumpster or drop box designated for the sole use by a business or multi-family residence unless that person or individual is licensed to do so by that business or multi-family residence.

C. All dumpsters are to be equipped with a lid to prevent the contents from being carried or deposited by the elements and to prevent the entrance of dogs or other animals. Lids shall remain closed at all times unless other means of protection are provided to prevent the contents from being scattered by animals or the elements. (Ord. 2687 § 1, 1979.)

9.11.070 Newspapers.

Newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. 2687 § 1, 1979.)

9.11.080 Responsibility to procure and place receptacles.

Any person owning or operating any private property or public place, in which litter receptacles are required by this chapter, shall procure, place and maintain such receptacles on the premises at his or her own expense in accordance with the provisions of this chapter. (Ord. 2687 § 1, 1979.)

9.11.090 Authorized litter receptacles – Minimum standards.

Litter receptacles procured and placed in public places as required by this chapter shall meet the following minimum standards:

1. The body of each litter receptacle shall be constructed of a minimum of 24 gauge galvanized steel or other material of equivalent strength that will, with normal wear and tear, reasonably resist corrosion and acts of vandalism.

3. Openings in covered litter receptacles shall be readily identifiable and readily accessible for the deposit of litter.

4. Construction and general configuration of litter receptacles shall be in conformance with all pertinent laws, ordinances, resolutions or regulations pertaining to fire, safety, public health or welfare.

1. The entire outer surface of each litter receptacle shall be colored medium green conforming with Federal Color Standard No. 595A, Color No. 24424, or Color No. 34424.

2. Each litter receptacle shall bear the official anti-litter symbol as specified by the Department of Ecology. The symbol shall be colored deep blue conforming with Federal Color Standard No. 595A, Color No. 15180. The symbol shall not be distorted as to proportion and shall not be incorporated into commercial advertisement on the receptacle. For litter receptacles along the rights-of-way of public roadways, the symbol shall be of a size as to be distinguishable from a minimum distance of 75 feet.

3. The words “Deposit Litter” shall be placed on the litter receptacle. Lettering used for these two words shall be block-type capital letters to be readily legible at a distance of 30 feet.

4. No commercial advertisement shall be placed on any litter receptacle. However, the person owning any receptacle may place a single line on the receptacle identifying the ownership, and a single credit line designating any donor of the litter receptacle other than the owner may also be placed on the receptacle provided that the lettering does not exceed the size specified for the words “Deposit Litter”, and does not interfere with or distract from the prominence of the anti-litter symbol.

C. Maintenance. Compliance with the minimum standards set forth in this section shall include proper upkeep, maintenance, repair or replacement of litter receptacles sufficient to permit such receptacles to serve the functions for which they were designed and to prevent the appearance of such receptacles from becoming unsightly.

D. All litter receptacles are to be braced or supported in such a manner that dogs or other animals cannot enter or tip or tilt the same or empty any of the contents thereof; and each such receptacle shall have overlapping close-fitting lids designed in such a way as to remain closed when not in actual use. (Ord. 2687 § 1, 1979.)

9.11.100 Receptacles – Placements required.

A. Litter receptacles meeting the standards established by this chapter shall be placed in the following public and private places in the city:

14. Outdoor parking lots, other than those specifically designated in this section, having a capacity of more than 50 automobiles;

19. Sites for carnivals, festivals, circuses, shows or events of any kind to which the public is invited.

B. Litter receptacles need only be placed in the public and private places designated in subsection A of this section during times that such places are open to the public.

C. Placement of litter receptacles shall be in conformance with laws, ordinances, resolutions and regulations pertaining to fire, safety, public health or welfare. (Ord. 2687 § 1, 1979.)

9.11.110 Receptacle – Number required.

A. The minimum number of receptacles meeting the standards established by this chapter and required in public places listed in BCC 9.11.100 are as follows:

1. Parks, campgrounds and trailer park facilities for transient habitation: one receptacle at each public restroom facility, and one receptacle at each established trailhead giving access by foot, motorcycle, bicycle or similar trail for excursion or exploration out or away from the central activity area;

3. Drive-in restaurants, tavern parking lots, shopping centers, grocery store parking lots, and outdoor parking lots having a capacity of more than 25 automobiles: one receptacle for the first 25 spaces, plus one additional receptacle for each additional 100 parking spaces;

4. Marinas, boat launching areas, boating moorage and fueling stations, and public and private piers: one receptacle at each main pier, at each float and at each boat launching ramp;

5. Beaches and bathing areas: one receptacle at each public restroom facility, and one receptacle at each access point officially designated as such by the city;

7. Sporting event sites: one litter receptacle at each entrance to the sporting event; sporting event sites with seating capacity of more than 100 spectators: one litter receptacle at each seating area, plus an additional receptacle in each seating area for each additional 500 seats;

8. Fairgrounds and sites for carnivals, festivals, circuses, shows or events of any kind to which the public is invited: one receptacle at the entrance to each ride, and one receptacle at each end of walk-through exhibit buildings. (Ord. 2687 § 1, 1979.)

9.11.120 Litter receptacles – Prohibited acts.

A. No person shall damage, deface, abuse or misuse any litter receptacle not owned by such person so as to interfere with its proper function or to detract from its proper appearance.

B. No person shall deposit leaves, clippings, prunings or gardening refuse in any litter receptacle not owned by such person.

C. No person shall deposit household garbage in any litter receptacle; provided, that this subsection shall not be construed to mean that wastes of food consumed on the premises at any public place may not be deposited in litter receptacles. (Ord. 2687 § 1, 1979.)

9.11.130 Presumption of responsibility.

A person is presumed to be responsible for illegally depositing litter by the discovery of three or more pieces of litter within such illegally deposited litter which are identifiable to such person by means of a name, address or other mark of identification contained on such items. (Ord. 2687 § 1, 1979.)

9.11.140 Violation – Penalty.

A. The violation of or failure to comply with any provision of this chapter is declared to be unlawful.

B. Any violation of any provision of this chapter is a civil violation as provided for in Chapter 1.18 BCC, for which a monetary penalty may be assessed and abatement may be required as provided therein.

C. In addition to or as an alternative to any other penalty provided by this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. (Ord. 4215 § 1, 1991; Ord. 2687 § 1, 1979.)

9.11.160 Short title.

This chapter shall be known and may be cited as the “City of Bellevue Anti-Litter Code.” (Ord. 2687 § 1, 1979.)

Chapter 9.12
SANITATION OF LAKES AND STREAMS

9.12.010 Definitions.

A. “Boat” means and includes any vessel or barge used to transport passengers or freight over the water, including pleasure or work craft, canoes, rowboats and motor or sailboats.

B. “Houseboat” means and includes a building constructed upon a float with or without motive power, used wholly or in part for human habitation.

C. “Motorboat” means and includes any boat or vessel propelled by electric motor, internal combustion or steam engines without regard to whether such motor or engine is attached or mounted inboard or outboard.

D. “Polluting material” means and includes any organic substance or chemical compound which has been determined by the Washington State Pollution Control Commission or the Washington State Health Board or a health official designated by the city manager, to be deleterious to the public health.

E. “Seaplane” means and includes any plane equipped with pontoons or hull for operation upon water when the plane is taxiing on the water as defined in subsection G of this section.

F. “Sewer mains” or “sewer pipes” means and includes any sewer main or pipe being a part of a system of mains and treatment plants duly installed and operated by a sewer district under the laws of the state or by the city.

G. “Water,” “stream” or “lake” means and includes the water of any seasonal or continuously flowing stream or any lake or portion of a lake lying partially or completely within or adjacent to the boundaries of the city. (1961 code § 13.04.010.)

9.12.020 Drainage into lakes and streams.

It is unlawful for any person, persons or corporation to throw, drain, run or otherwise discharge into the waters of any stream or lake within the city, or to cause, permit or suffer to be thrown, run, drained, allowed to seep, or otherwise discharged into such waters, or upon the land of another, any material that shall cause or tend to cause a polluted condition of such waters or land of another. It is a violation of this section to permit the effluent from any drainage field or septic tank to run or seep into any ditch or stream, or upon the land of another, after a health official of the city shall have notified the owner or occupant of the premises on which said septic tank or drainage field is located, that the same has not been lawfully installed or is operating improperly. (1961 code § 13.04.020.)

9.12.040 Dwelling on boats and houseboats.

It is unlawful to live upon any houseboat, boat or barge moored wholly or partially over shorelands within the city limits or abutting upland which is located within the city, unless such houseboat, boat or barge is connected with a district or municipally operated sewerage system, or unless such houseboat, boat or barge is equipped with chemical toilet facilities and other plumbing arrangements so that no polluting materials are discharged into the waters. (1961 code § 13.04.040.)

9.12.050 Discharge from boats moored in city.

It is unlawful for any person, while on any boat moored at any public or private dock, wharf or moorage in water adjacent to or within the jurisdiction of the city:

B. To throw or discard into the waters any waste, trash, refuse, oil, garbage or other fluid or solid material which tends to pollute the water, litter the shore, or give rise to any offensive odor, to create or to aggravate any condition deleterious to the public health. (1961 code § 13.04.050.)

9.12.060 Violation – Penalty.

Any violation of any of the provisions of this chapter constitutes a misdemeanor, and is punishable by a fine of not more than $300.00, or imprisonment for not more than 90 days, or both. (1961 code § 13.04.060.)

Chapter 9.14
SOUND AMPLIFICATION

(Repealed by Ord. 5719)

Chapter 9.16
FALSE ALARMS

Sections:

9.16.010 Purpose.

9.16.020 Definitions.

9.16.030 Emergency response card.

9.16.040 Fees, corrective action, disconnection.

9.16.050 Interest charged on late fees.

9.16.060 Administrative decisions, notice.

9.16.070 Appeal from administrative decision, finality.

9.16.010 Purpose.

It is the intent of this chapter to reduce the number of false alarms occurring within the city and the resultant waste of city resources by providing for corrective administrative action, including fees and potential disconnection and criminal penalties. (Ord. 2474 § 3, 1977.)

9.16.020 Definitions.

In this chapter, unless a different meaning plainly is required:

A. “Person” includes any natural person, partnership, joint stock company, unincorporated association or society, or a corporation of any character whatsoever.

B. “False alarm” includes the activation of a burglary and/or robbery alarm by other than a forced entry, attempted forced entry, unlawful entry, or actual robbery or attempted robbery on the premises and at the time when no robbery, burglary or crime involving a foreseeable risk of grievous bodily harm is being committed or attempted on the premises. (Ord. 2474 § 4, 1977.)

9.16.030 Emergency response card.

It is unlawful to have or maintain on any premises a burglary and/or robbery alarm unless there is on file with the police department an emergency response card containing the name or names and current telephone number or numbers of person(s) authorized to enter such premises and turn off any alarm. Any alarm audible upon abutting property for a period in excess of one hour is declared to be a public nuisance and may be summarily abated by the police department. (Ord. 2474 § 5, 1977.)

9.16.040 Fees, corrective action, disconnection.

For police response to any false alarm, the city shall charge and collect from the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him fees as follows:

A. For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a “first response,” no fee shall be charged. Upon first response, notice of conditions and requirements of this chapter shall be given to the owner or occupant of the premises on which the false alarm occurred and upon which the burglary and/or robbery alarm is located.

B. For a second response to premises within six months after the first response a fee of $75.00 shall be charged. The person having or maintaining such burglary and/or robbery alarm shall, within five working days after notice to do so, make a written report to the chief of police on prescribed forms setting forth the cause of such false alarm, the corrective action taken, whether and when such alarm has been inspected by authorized service personnel, and such other information as the chief of police may reasonably require to determine the cause of such false alarm, any mitigating circumstances and corrective action necessary. The chief of police may direct the person having or maintaining such burglary and/or robbery alarm to have authorized service personnel inspect the alarm at such premises and to take other corrective action as prescribed by the chief of police. All costs of inspection and corrective action shall be borne by the individual having or maintaining the alarm on said premises.

C. For a third response to premises within six months after a second response, a fee of $100.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

D. For a fourth response to premises within six months after the third response, a fee of $125.00 shall be charged, and if such third false alarm or any such succeeding false alarm occurs as a result of failure to take necessary corrective action prescribed under subsection B of this section, the chief of police may order the person having or maintaining the burglary and/or robbery alarm to disconnect such alarm until the prescribed corrective action is taken and certification of such corrective action is provided to the police department; provided, that no disconnection shall be ordered relative to any premises required by law to have an alarm system in operation.

E. For a fifth response to premises within six months after a fourth response, a fee of $150.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

F. For a sixth response to premises within six months after a fifth response, a fee of $200.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section.

G. For a seventh response to premises within six months after a sixth response, and for all succeeding responses within six months of the last response, a fee of $250.00 shall be charged. The chief of police may also order disconnection as provided in subsection C of this section. (Ord. 5577 § 1, 2004; Ord. 4237 § 1, 1991; Ord. 2843 § 1, 1980; Ord. 2474 § 6, 1977.)

9.16.050 Interest charged on late fees.

If payment of any fee due under this chapter is not received by the city of Bellevue finance department by the due date, the city shall add simple interest to the outstanding balance due. For the purposes of this section, the rate of interest to be charged shall be an average of the federal short-term rate as defined in 26 U.S.C. Section 1274(d) plus two percentage points. The rate shall be computed by taking an arithmetical average to the nearest percentage point of the federal short-term rate, compounded annually. That average shall be calculated using the rates from four months: January, April, and July of the calendar year immediately preceding the new year, and October of the previous preceding year. The rate shall be adjusted on the first day of January of each year for use in computing interest for that calendar year. (Ord. 5577 § 2, 2004.)

9.16.060 Administrative decisions, notice.

Notice of imposition of any administrative sanction, including the imposition of a fee or order of disconnection, under the provisions of this chapter, shall be given to the person having or maintaining a burglary and/or robbery alarm on premises owned or occupied by him; provided, that with respect to business premises, the owner, manager or chief administrative agent regularly assigned and employed on the premises at the time of the occurrence of a false alarm shall be presumed to be the person having or maintaining said alarm on said business premises. (Ord. 5577 § 3, 2004; Ord. 2474 § 7, 1977. Formerly 9.16.050.)

9.16.070 Appeal from administrative decision, finality.

Any person subject to the imposition of a fee, order of disconnection or other administrative sanction under the terms of this chapter shall have a right of appeal therefrom to the city hearing examiner. Unless notice of appeal is filed with the city clerk within 10 days of receipt of notice of imposition of an administrative sanction, said sanction is deemed to be final. (Ord. 5577 § 4, 2004; Ord. 4978 § 26, 1997; Ord. 4819 § 6, 1995; Ord. 2474 § 8, 1977. Formerly 9.16.060.)

Chapter 9.18
NOISE CONTROL Amended Ord. 5878

Sections:

9.18.010 Purpose.

9.18.015 Definitions.

9.18.020 Exemptions.

9.18.025 Identification of environments. Amended

9.18.030 Maximum permissible environmental noise levels.

9.18.040 Noise disturbances.

9.18.041 Robinsglen Community Park and Lake Hills Greenbelt Access Areas – Designated as quiet zones.

9.18.042 Noise prohibited in quiet zones.

9.18.043 Quiet zone signs.

9.18.044 Posting notice of construction hours – When required.

9.18.045 Repealed.

9.18.045A Sound amplification permits.

9.18.045B Development restrictions.

9.18.046 Variance.

9.18.050 Violation – Penalty.

9.18.060 Administration and authority.

9.18.070 Repealed.

9.18.080 Construction – Severability.

9.18.010 Purpose.

The purpose of this chapter is to minimize the exposure of citizens to the harmful physiological and psychological effects of excessive noise. The intent of the city council is to control the level of noise pollution in a manner which promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment by establishing maximum environmental noise levels applicable within designated areas or zones of the city; to adopt appropriate exemptions to the provisions of this chapter to allow for the functioning of commercial business and the operation of construction and emergency equipment; and to declare certain noise-producing activities to be noise disturbances. (Ord. 5719 § 2, 2007; Ord. 4241 § 2, 1991.)

9.18.015 Definitions.

All terminology used in this chapter which is not defined below shall be interpreted in conformance with the most recent definitions used by the American National Standards Institute (ANSI) or its successor body.

A. “Arterial” means a principal, minor or collector arterial as now or hereafter defined in the city’s comprehensive plan, Policy TR-39.

B. “A-weighted sound level” means the sound pressure level in decibels measured using the “A”-weighted network on a sound level meter as specified by the American National Standards Institute specification for sound level meters as now existing or as hereafter amended or modified. The level so read is designated dBA.

C. “Construction” means any site preparation (including blasting), assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights-of-way, structures, utilities or similar property.

D. “Decibel (dB)” means a unit for measuring the volume of sound.

E. “EDNA” means environmental designation for noise abatement, which is an area within which maximum permissible noise levels are established by the Washington State Department of Ecology and this code.

F. “Emergency work” means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from imminent exposure to danger, or work by private or public utilities to provide or restore immediately necessary utility service.

G. “Generator, portable” means an electricity-generating device that is not permanently mounted and uses temporary wiring to supply electrical service.

H. “Generator, stationary” means an electricity-generating device with noise attenuation that is permanently mounted and uses permanent wiring to supply electrical service.

I. “Heavy equipment” means backhoes, concrete mixing and pumping trucks, compactors/rollers, cranes, dozers, dump trucks, excavators, forklifts, graders, jackhammers, loaders, pavement breakers, pile drivers, portable crushers, tractors, trailer-mounted woodchippers, trenchers, or other pieces of equipment that generate similar levels of noise.

J. “Impulsive sound” means sound of short duration, usually less than one second, with an abrupt onset and rapid decay, with a peak value exceeding the ambient level by more than 10 dBA.

K. “Ldn” means the day-night average sound level which is a 24-hour energy average of the A-weighted sound pressure level where 10 dBA is added to nighttime noise levels from 10:00 p.m. to 7:00 a.m. before averaging.

L. “Legal holiday” means Sundays and holidays as defined by the city of Bellevue and in RCW 1.16.050 as now exists or as hereafter amended or modified.

M. “Leq” means the equivalent A-weighted sound level which is the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying A-weighted sound.

N. “Noise disturbance” means any sound which annoys, disturbs, or perturbs reasonable persons with normal sensitivities; or any sound which unreasonably injures or endangers the comfort, repose, health, hearing, peace, or safety of persons or animals.

O. “Person responsible for the violation” means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a violation or causes or permits a violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a violation occurs.

P. “Pure tone component” means any sound which can be distinctly heard as a single pitch or a set of single pitches. A pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five decibels for center frequencies of 500 Hz and above, by eight decibels for center frequencies between 160 Hz and 400 Hz, and by 15 decibels for center frequencies less than or equal to 125 Hz.

Q. “Receiving property” means real property within which sound originating from outside the property is received.

R. “Sound amplification equipment” means any machine or device for the amplification of the human voice, music or any other noise or sound.

S. “Sound level” means a weighted sound pressure level measured by the use of a sound level meter using an A-weighted network and reported as decibels, dBA.

T. “Sound level meter” means a device which measures sound pressure levels and conforms to Type I, S1A, Type II or S2A, as specified in the American National Standards Institute Specification Section 1.4 (1971) as now exists or as hereafter amended or modified.

U. “Warning device” means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including but not limited to a burglar alarm or vehicle backup signal.

V. “Weekday” means any day Monday through Friday which is not a legal holiday.

W. “Weekend” means Saturday, Sunday and any legal holiday. (Ord. 5719 § 3, 2007; Ord. 5300 § 1, 2001; Ord. 5194 § 1, 2000; Ord. 4996 § 3, 1997; Ord. 4241 § 2, 1991.)

9.18.020 Exemptions.

A. The following sounds are exempt from the provisions of this chapter:

1. Sounds caused by natural phenomena or wildlife; and

2. Unamplified sounds created by domestic animals as permitted by BCC Title 20, or as regulated by Chapter 8.04 BCC; and

3. Sounds created by emergency equipment and work necessary for law enforcement or for the health, welfare and safety of the community; and

4. Sounds created by portable generators during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and

5. Sounds created by stationary generators that do not exceed a sound level of 75 dBA at any property line during periods when there is no electrical service available from the primary supplier due to natural disaster or power outage; and

6. Sounds originating from aircraft in flight; and

7. Sounds created by motor vehicles when regulated by Chapter 173-62 WAC; and

8. Sounds created by watercraft when regulated by Chapter 173-70 WAC; and

9. Sounds created by surface carriers engaged in interstate commerce by railroad; and

10. Sounds created by safety and protective warning devices where noise suppression would render the device ineffective; and

11. Sounds created by existing electrical substations and stationary equipment used to convey water, wastewater or natural gas by a utility; and

12. Sounds from existing industrial installations which exceed standards contained in these regulations and which, over the previous three years, have consistently operated in excess of 15 hours per day as a consequence of normal necessity and/or demonstrated routine normal operation. Changes in working hours, which would increase the average day-night sound level (Ldn), require written approval of the director of the development services department; and

13. Sounds, including sounds created by sound amplification equipment, emanating from any event or activity, for which a permit has been issued pursuant to Chapter 3.43 or 14.50 BCC; provided, that sound created by sound amplification equipment from such event shall be exempt only if the permit issued pursuant to Chapter 3.43 or 14.50 BCC authorized the use of sound amplification equipment and such use was in compliance with all terms and conditions of the permit; and

14. Sounds created by sound amplification equipment which have been approved through, and are in compliance with all terms and conditions of, a conditional use permit pursuant to Chapter 20.30B LUC.

B. The following sounds are exempt from the provisions of this chapter at all times if the receiving property is in Class B and Class C EDNAs, and between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 9:00 a.m. and 10:00 p.m. on weekends if the receiving property is located in a Class A EDNA:

1. Sounds created by bells, chimes and carillons not operating continuously for more than five minutes in any one hour; and

2. Sounds created by the repair or installation of essential utility services and streets; and

3. Sounds relating to temporary repair, addition or maintenance projects on existing single-family homes, grounds and appurtenances (except that sounds created by heavy equipment will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and

4. Sounds emanating from discharge of firearms on legally established shooting ranges; and

5. Sounds created by repairing, rebuilding, modifying, operating or testing any motor vehicle or internal combustion engine (except for portable and stationary generators located in a Class A EDNA which are exempt only during the hours of 9:00 a.m. to 6:00 p.m. daily when electrical service is available from the primary supplier and except for heavy equipment, which will be regulated pursuant to the construction noise exemption contained in subsection C of this section); and

6. Sounds created by commercial business activity including, but not limited to: handling containers and materials; or sweeping parking lots and streets (except sweeping parking lots of businesses engaged in retail trade as defined in the Standard Industrial Classification Manual is exempt until 12:00 midnight); or boarding domestic animals (except expanded hours of operation may be authorized by the applicable department director).

C. Sounds created by construction and emanating from construction sites are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 9:00 a.m. and 6:00 p.m. on Saturdays which are not legal holidays. Sounds emanating from construction sites on Sundays or legal holidays or outside of the exempt work hours are prohibited pursuant to BCC 9.18.040 unless expanded hours of operation are authorized by the applicable department director subject to the following criteria. Approval of expanded exempt hours may be authorized if:

1. Necessary to accommodate transportation mitigation such as evening haul routes; construction on schools and essential government facilities which cannot be undertaken during exempt hours; construction activities and site stabilization in the fall prior to the onset of winter weather; or emergency work; or

2. Sounds created by construction will not exceed the maximum permissible environmental noise levels contained in BCC 9.18.030 as verified by sound level monitoring conducted before and during construction by a qualified acoustic consultant.

D. Sounds created by sound amplification equipment, and not otherwise permitted pursuant to BCC 9.18.020(A)(13) are exempt from the provisions of this chapter between the hours of 8:00 a.m. and 5:00 p.m. pursuant to a permit issued by the director of the department of planning and community development. Use of sound amplification equipment may be authorized by the director of the department of planning and community development pursuant to BCC 9.18.045A.

E. Sounds originating from public parks, playgrounds, and recreation areas are exempt from the provisions of this chapter during the hours the parks, playgrounds or recreation areas are open for public use as established under Chapter 3.43 BCC, as now existing or hereafter amended and modified.

F. The sounds in subsections B, D and E of this section are subject to the maximum permissible environmental sound levels in BCC 9.18.030 and the noise disturbance provisions in BCC 9.18.040 at all times other than when they are specifically exempt or authorized.

G. Nothing in these exemptions is intended to preclude the applicable department director through the authority of the State Environmental Policy Act from requiring installation of the best available noise abatement technology consistent with feasibility. (Ord. 5821 § 14, 2008; Ord. 5719 § 4, 2007; Ord. 5300 § 2, 2001; Ord. 5194 § 2, 2000; Ord. 4996 §§ 4, 5, 1997; Ord. 4277 § 1, 1991; Ord. 4241 § 3, 1991; Ord. 3491 § 1, 1985.)

9.18.025 Identification of environments. Amended Ord. 5878

A. Environmental designations for noise abatement are as follows:

1. Residential land use district: Class A EDNA;

2. Commercial land use district: Class B EDNA;

3. Industrial land use district: Class C EDNA.

B. The land use districts listed in the city of Bellevue Land Use Code, BCC Title 20, are classified for the purposes of this chapter as follows:

1. Residential land use district: R-1, R-1.8, R-2.5, R-3.5, R-4, R-5, R-7.5, R-10, R-15, R-20, R-30;

2. Commercial land use district: PO, O, OLB, OLB-OS, NB, CB, DNTN-O-1, DNTN-O-2, DNTN-MU, DNTN-R, DNTN-OB, DNTN-OLB, F1, F2, F3, MI;

3. Industrial land use district: LI, GC. (Ord. 5719 § 5, 2007; Ord. 5300 § 3, 2001; Ord. 4241 § 4, 1991.)

9.18.030 Maximum permissible environmental noise levels.

A. No person shall cause or permit sound to intrude onto the real property of another person which exceeds the maximum permissible sound levels established by this chapter. The point of measurement shall be at the property boundary of the receiving property or anywhere within.

B. For sound sources located within the city, the maximum permissible sound sources are as follows:

Maximum Permissible Sound Levels
by Receiving Property

EDNA of EDNA of

Noise Source Receiving Property

Class A Class B Class C

(dBA) (dBA) (dBA)

Class A 55 57 60

Class B 57 60 65

Class C 60 65 70

C. Modifications to maximum permissible sound levels are as follows:

1. Reduce by 10 dBA, nights, 10:00 p.m. to 7:00 a.m., for receiving property in Class A EDNAs; and

2. Reduce by five dBA for impulsive or pure tone sounds for any receiving property at any time; and

3. Increase for short duration for any receiving property at any time:

a. Increase by five dBA for 15 minutes in any one-hour period; or

b. Increase by 10 dBA for five minutes in any one-hour period; or

c. Increase by 15 dBA for 1.5 minutes in any one-hour period; and

4. Increase by 10 dBA for the operation of sound amplification equipment operated in compliance with a permit issued pursuant to BCC 9.18.020D.

D. If the measurements of sound are made with a sound level meter, the instrument shall be in good operating condition and shall meet the requirements for a Type I or Type II instrument, as described in American National Standards Institute Specifications as now exist or as hereafter amended or modified. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in the National Standards Institute Specifications.

E. Where a receiving property lies within more than one EDNA, the maximum permissible sound level shall be determined by the most noise-sensitive EDNA. (Ord. 5719 § 6, 2007; Ord. 4241 § 5, 1991; Ord. 3491 § 1, 1985.)

9.18.040 Noise disturbances.

A. All noise disturbances, defined in BCC 9.18.015 and not exempt under BCC 9.18.020, are prohibited at all times. The content of the sound will not be considered in determining a violation. The following acts are considered to be noise disturbances, if the noise is clearly audible across a real property boundary, or at least 75 feet from the source:

1. Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument and similar device, whether portable or stationary or mounted on or within a motor vehicle;

2. Creating loud and raucous, and frequent, repetitive, or continuous sounds with the human voice;

3. Intentional sounding or permitting the sounding outdoors of any emergency warning device where an actual emergency does not exist; provided, that sounds created during maintenance or testing of such emergency warning devices does not constitute a noise disturbance;

4. Permitting any sounds to emanate from a construction site outside the hours that construction sounds are exempt from the provisions of this chapter or outside expanded hours authorized by the applicable department director pursuant to BCC 9.18.020C;

5. Operating sound amplification equipment not in compliance with a permit issued pursuant to BCC 9.18.045A or a conditional use permit issued pursuant to Chapter 20.30B LUC;

6. The foregoing enumeration of acts shall not be construed as excluding other acts which may constitute noise disturbances.

7. Sounds which do not exceed the maximum environmental noise levels set forth in BCC 9.18.030 may constitute noise disturbances. (Ord. 5719 § 7, 2007; Ord. 4996 § 6, 1997; Ord. 4241 § 6, 1991; Ord. 3491 § 1, 1985.)

9.18.041 Robinsglen Community Park and Lake Hills Greenbelt Access Areas – Designated as quiet zones.

The city council finds that noise originating from multiple sources in Robinsglen Community Park and the Lake Hills Greenbelt Access Area in the Phantom Lake area, which areas are described in this section, disturbs the peace and quiet of adjacent residential areas. The council therefore designates the Park and Access Area as quiet zones. The quiet zones are legally described as follows:

Robinsglen Community Park:

Parcel A:

Beginning at the southeast corner of the southeast 1/4 of the northeast 1/4 in Section 2, Township 24 North, Range 5 East, W.M., thence north 165 feet more or less to the centerline of southeast 16th Street; thence west 36 feet; thence southwesterly 180 feet more or less to a point 108 feet west of the point of beginning; thence east 108 feet to the point of beginning; EXCEPT the north 30 feet for road:

Parcel B:

The east 1/2 of the northeast 1/4 of the northeast 1/4 of the southeast 1/4 of Section 2, Township 24 North, Range 5 East, W.M.

All situate in the County of King, State of Washington.

Lake Hills Greenbelt Access Area

Township 24 North, Range 5 East W.M., Section 2

A tract of land situated in the North half of the Southwest quarter of the Southeast quarter (N 1/2 SW 1/4 SE 1/4) of said Section 2, more particularly described as follows:

Beginning at the South quarter corner of said Section 2; thence North 1× 36' 02" East 1321.45 feet to a one sixteenth (1/16) corner; thence South 88× 34' 32" East 30.00 feet to the TRUE POINT OF BEGINNING; thence South 88× 34' 32" East 799.50 feet to an inaccessible point in Phantom Lake; thence South 1× 25' 28" West 100.00 feet to another point in the lake; thence North 88× 34' 32" West 799.50 feet; thence North 1× 25' 28" East 100.00 feet to the TRUE POINT OF BEGINNING, Containing in all 1.84 acres. (Bearings of section lines taken from King County Engineer’s records.)

(Ord. 3799 § 1, 1987.)

9.18.042 Noise prohibited in quiet zones.

The following acts when committed in the quiet zones designated in BCC 9.18.041 are prohibited:

A. Radios, tape players, musical instruments or sound amplification equipment as defined in BCC 9.14.010. Using, operating, playing or permitting to be used, operated or played any radio, tape player, television, musical instrument, record player or any other machine or device producing or reproducing sound in such a manner as to:

1. Disturb the peace, quiet, and comfort of the persons within or inhabitants adjacent to the quiet zone, or

2. Generate sound with a volume that is audible at a distance of over 30 feet from the machine or device;

B. Horns, signaling devices, etc.: The continuous or repetitive sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in such quiet zone, except as permitted by traffic laws or to sound a danger warning. (Ord. 3799 § 1, 1987.)

9.18.043 Quiet zone signs.

The areas designated as quiet zones in BCC 9.18.041 shall be clearly marked by signs that state in substance:

Quiet zone, use of radios, tape players, musical instruments or sound amplification equipment as defined in BCC 9.14.010 prohibited if audible over a distance of 30 feet away from the radio, tape player, musical instrument or sound amplification equipment.

(Ord. 3799 § 1, 1987.)

9.18.044 Posting notice of construction hours – When required.

A sign providing notice of the limitation on construction hours contained in BCC 9.18.020C shall be posted on construction sites prior to commencement of any new commercial or single-family construction or commercial addition. Notice signs are not required prior to commencement of additions or maintenance to existing single-family homes. The director of the department of planning and community development shall establish standards for size, color, layout, design, wording and placement of the signs. (Ord. 5719 § 8, 2007; Ord. 4996 § 7, 1997.)

9.18.045 Development restrictions.

Repealed by Ord. 5719. (Ord. 4241 § 7, 1991.)

9.18.045A Sound amplification permits.

A. Any person desiring to operate sound amplification equipment consistent with BCC 9.18.020(D) and the owner of property on which such equipment is proposed to be operated shall jointly file with the director of the department of planning and community development an application for a permit at least one week in advance of the date on which sound amplification equipment is proposed to be operated and shall provide the following information:

1. The name and address of the sound amplification equipment operator, and a phone number where the operator can be reached during the time when the sound amplification equipment is proposed to be in use;

2. The name and address of the property owner for the location described in subsection (A)(3) of this section if different from the operator, and a phone number where the property owner can be reached during the time when the sound amplification equipment is proposed to be in use;

3. A statement describing the address and location at which the sound amplification equipment will be in operation;

4. A general description of the sound amplification equipment and the purposes for which it is to be used; and

5. A statement designating the proposed time during which the sound amplification equipment will be in operation.

B. Use of sound amplification equipment may be authorized by the director of the department of planning and community development subject to the following criteria:

1. The use of sound amplification equipment shall not be allowed on Sundays or legal holidays;

2. The use of amplified sound equipment shall not be allowed at the same location or on the same property on more than four days in any calendar week;

3. Amplified sound shall be subject to the maximum permissible noise levels for amplified sound set forth in BCC 9.18.030;

4. Amplified sound shall be subject to the quiet zone prohibitions in BCC 9.18.042; and

5. No person shall operate or cause to be operated within the city any sound amplification equipment, the sound from which is plainly audible to occupants of a school during school hours or a hospital at any time; provided, that this section does not apply to the operation of sound amplification equipment on school or hospital grounds. (Ord. 5719 § 10, 2007.)

9.18.045B Development restrictions.

A. New residential structures shall not be approved for construction if the exterior Ldn anywhere along the proposed building lines of the structure exceeds 65 dBA unless sound attenuation measures are incorporated into the site design and/or the design and construction plans of the structure which are intended to reduce the maximum interior Ldn as follows:

1. Forty dBA or lower for sleeping areas; and

2. Forty-five dBA or lower for nonsleeping areas.

B. Play area equipment shall not be installed as part of an exterior public or private community recreation area if the exterior Leq (daytime) at the play area site exceeds 55 dBA unless sound attenuation measures including, but not limited to, berms, barriers and/or buildings are incorporated into the site design which are intended to reduce the maximum exterior Leq (daytime) to 55 dBA or lower.

C. Arterial improvement requirements in Class A EDNAs are as follows:

1. In Class A EDNAs, arterial improvement projects not including the addition of walkways, bicycle lanes and minor widening must include a noise analysis of the affected environment by a qualified noise consultant if:

a. The existing exterior noise level exceeds 67 dBA peak hour Leq; or

b. The projected exterior noise level as a result of the project is estimated to increase beyond 67 dBA peak hour Leq; or

c. The exterior noise level is expected to increase by five dBA more as a result of the project.

2. The point of exterior noise level measurement for purposes of this subsection will be five feet above existing grade anywhere along a parallel line 60 feet on either side of the arterial centerline.

3. Noise mitigation measures, intended to reduce exterior noise levels to 60 dBA Ldn or lower, will be approved by the director of design and development if the cost of noise mitigation is included in the CIP budget, or by the city council if additional funds for noise mitigation are required, in consideration of the following factors:

a. Whether reasonable noise mitigation measures are available which will reduce exterior noise levels by three dBA or more; and

b. Whether the financial impacts of noise mitigation measures are not disproportionate to the overall cost of the arterial improvement project; and

c. Whether benefited property owners contribute to the cost of mitigation; provided, that this factor only applies if existing exterior noise levels exceed 67 dBA peak hour Leq; and

d. Whether the benefited community is supportive of noise mitigation measures. (Ord. 5719 § 11, 2007.)

9.18.046 Variance.

A property owner, or authorized agent of the property owner, may request a variance from the provisions of this chapter using Process II, LUC 20.35.200 et seq. (Ord. 4978 § 27, 1997; Ord. 4241 § 8, 1991.)

9.18.050 Violation – Penalty.

A. Violations – Unlawful. The violation or failure to comply with any of the provisions of this chapter is declared to be unlawful.

B. Civil Noise Infraction. Any violation of the provisions of BCC 9.18.040 or 9.18.042 is a civil noise infraction as provided for in Chapter 7.80 RCW. If a person violates the provisions of BCC 9.18.040 or 9.18.042, a citation may be issued assessing a monetary penalty in the amount of $250.00.

C. Civil Violations. A violation of the provisions of BCC 9.18.030, 9.18.040(A)(4), 9.18.040(A)(5) or 9.18.045B is a civil violation as provided for in Chapter 1.18 BCC. A person responsible for the violation of the provisions of BCC 9.18.030, 9.18.040(A)(4), 9.18.040(A)(5) or 9.18.045B may be assessed a monetary penalty and required to perform abatement as provided for in Chapter 1.18 BCC.

D. Criminal Violations. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates the provisions of this chapter is guilty of a misdemeanor. (Ord. 5719 § 12, 2007; Ord. 5300 § 4, 2001; Ord. 4996 § 8, 1997; Ord. 4241 § 9, 1991; Ord. 3491 § 1, 1985.)

9.18.060 Administration and authority.

A. Administration. The director of the development services department shall be responsible for the administration of this chapter.

B. Enforcement.

1. Civil Noise Infractions. The police department shall be responsible for the enforcement of provisions of this chapter relating to noise disturbances (including associated exemptions) and noise in quiet zones, and is authorized to issue, serve and file notices of civil noise infractions for violations of BCC 9.18.040 and 9.18.042.

2. Civil Violations. The director of the development services department shall be responsible for the enforcement of provisions of this chapter relating to stationary noise sources, maximum permissible noise levels and development restrictions, and is authorized to issue civil violations for violations of BCC 9.18.030, 9.18.040(A)(4), 9.18.040(A)(5) and 9.18.045B.

3. Construction Hours Posting. The building official shall be responsible for the enforcement of BCC 9.18.044 relating to the posting of construction hours as provided for in Chapter 23.05 BCC. (Ord. 5821 § 15, 2008; Ord. 5719 § 13, 2007; Ord. 5300 § 5, 2001; Ord. 4996 § 9, 1997; Ord. 4241 § 10, 1991.)

9.18.070 Evaluation.

Repealed by Ord. 4996. (Ord. 4241 § 11, 1991.)

9.18.080 Construction – Severability.

A. This chapter shall be liberally construed to carry out its broad purposes.

B. If any provision of this chapter is held to be unconstitutional, preempted by federal or state law, or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall not be invalidated. (Ord. 4241 § 12, 1991.)

Chapter 9.19
GROUP HOME FOR CHILDREN COMMUNITY INVOLVEMENT PROCESS

Sections:

9.19.010 Purpose.

9.19.020 Definitions.

9.19.030 Group homes for children – Process mandatory – Basic operating plan required – Violations.

9.19.040 Preliminary meeting with city required – Purpose.

9.19.050 Meeting with community on proposed group home for children.

9.19.060 Community meeting.

9.19.070 Content of basic operating plan.

9.19.080 Development of basic operating plan.

9.19.010 Purpose.

The purpose of this chapter is to provide a mandatory, collaborative, cost effective and efficient community involvement process for the siting of group homes for children in the city (the “community involvement process”) which:

A. Promotes public awareness and understanding of, involvement and engagement with, and support of sited facilities.

B. Provides high quality and affordable programs and facilities with the capacity and flexibility to meet community and resident needs.

C. Addresses concerns about the safety of residents and people in neighborhoods.

D. Promotes equitable access to housing.

E. Provides linkages to public safety, educational and recreational services.

F. Supports and enhances neighborhood character and minimizes impacts on neighborhoods.

G. Provides for ongoing oversight, accountability and appropriate city, county and state involvement.

H. Maintains property values for facilities and neighborhoods.

I. Keeps operating and administrative costs low for providers and the city. (Ord. 5002 § 1, 1997.)

9.19.020 Definitions.

The following words and terms when used in this chapter shall have the following meaning:

A. “Basic operating plan” means a plan for the siting and operation of a group home for children that contains the elements designated in BCC 9.19.070.

B. “Community involvement process” means the process established by this chapter.

C. “Community meeting” means a meeting with residents of the neighborhood pursuant to BCC 9.19.050.

D. “Conflict resolution process” means the process established by BCC 9.19.070(D), as part of the basic operating plan, to assist in resolving disputes arising out of the operation of a group home for children.

E. “Good faith” means that the provider must (1) enter into the community involvement process and pursue it to conclusion, unless prevented from doing so by means not under the provider’s control; (2) meet and confer with representatives of the neighborhood and interested agencies to resolve neighborhood issues and concerns, and prepare and file with the city a preliminary “basic operating plan,” where required; and (3) prepare and file with the city a final “basic operating plan” on completion of the requirements of this chapter.

F. “Group home advisory board” means the board established by Chapter 3.99 BCC.

G. “Group home for children” or “group home” means any state-licensed facility providing housing and/or care to persons under the age of 18 years, whether or not they are handicapped, but not including state licensed foster family and large foster family homes.

H. “Meet and confer process” means the process established by BCC 9.19.080(A) to assist in the development of the basic operating plan.

I. “Neighborhood” means the area surrounding a group home site that is most likely to be directly affected by the visual, traffic, noise and other impacts of the operation of the group home because of proximity to the group home site. “Neighborhood” includes the area surrounding the group home site that is within a 300-foot radius of the group home site, and that contiguous area that is outside a 300-foot radius from the group home site that is connected to the group home site by local residential streets. “Neighborhood” does not include any area that is outside a 300-foot radius from the group home site and is on the opposite side of one or more major arterial, minor arterial or collector arterial streets from the group home site.

J. “Provider” means any person, partnership, corporation or other organization of any kind that proposes to site and/or operate a group home for children in the city. (Ord. 5002 § 1, 1997.)

9.19.030 Group homes for children – Process mandatory – Basic operating plan required – Violations.

No provider shall operate a group home for children in the city without complying with the community involvement process set forth in this chapter and without first filing a final basic operating plan. The failure to enter and complete such process in good faith is a civil violation under BCC 1.18.020(D). (Ord. 5002 § 1, 1997.)

9.19.040 Preliminary meeting with city required – Purpose.

A. Prior to opening a group home for children in the city, any provider desiring to open such a group home shall notify the director of development services or designee thereof and schedule a meeting with the city. At the time of scheduling the meeting, the provider shall supply the city with the names and addresses of group home support service providers, funding agencies and Department of Social and Health Services representatives who will be involved in the siting and operation of the facility. The city shall invite to the meeting representatives of the group home support services providers, funding agencies and the Department of Social and Health Services, together with school district representatives and city police and human services representatives. The purpose of this meeting is to:

1. Discuss the need for the proposed group home in the city and siting opportunities that are available.

2. Identify available locations and/or barriers to siting.

3. Identify any available funding opportunities and resources.

4. Explore siting opportunities and possible legal constraints.

5. Describe the type of program and facility, program and facility requirements, and necessary community safeguards.

6. Explore methods for maintaining a cordial relationship with the neighborhood.

7. Describe the facilities, services and agencies which will provide support to the facility, the program and the neighborhood.

8. Outline the elements of the basic operating plan for the group home.

9. Plan for the presentation of the elements of the basic operating plan at the community meeting.

10. Discuss the other elements of this community involvement process.

B. At this meeting a time schedule for the community involvement process will be discussed with the provider.

C. The city will designate a staff person who will act as facilitator for the community involvement process and function as a point of contact and resource person throughout the process and during operation of the facility. (Ord. 5821 § 16, 2008; Ord. 5002 § 1, 1997.)

9.19.050 Meeting with community on proposed group home for children.

Following the preliminary meeting with the city under BCC 9.19.040, the provider shall file a request with the director for a meeting with the neighborhood on the proposed group home for children if the provider elects to proceed with plans for siting the group home for children in the city. The director shall set a meeting for a date not more than 21 days after receipt of the provider’s request, and give notice by mail of the date, time, location and purpose of the meeting to the following persons:

A. All persons residing within 300 feet of the proposed group home for children.

B. The following city departments: parks and community services, police and the city clerk.

C. The superintendents of the Bellevue, Issaquah and Lake Washington school districts.

D. The State Department of Social and Health Services.

E. The provider.

F. Any agencies which may fund the proposed group home for children.

G. Agencies identified by the provider as providing support for the group home for children or its residents.

H. Sponsoring agencies. (Ord. 5002 § 1, 1997.)

9.19.060 Community meeting.

A. Purpose of the Meeting. The purpose of the community meeting is to enable the provider, representatives of support services agencies, funding agencies, DSHS and the school districts, and city police and human services representatives, to describe the program, facility, neighborhood involvement process and dispute resolution process, and hear neighborhood suggestions and concerns and respond to them in developing the basic operating plan. City police and human services representatives and representatives of the school districts, group home support services providers, funding agencies and the Department of Social and Health Services will also participate in providing a description of the manner in which their agencies will provide support for the proposed facility and the neighborhood.

B. Conduct of the Meeting.

1. The city will staff and facilitate the meeting.

2. The provider and the police, human services, support services agency, funding agency, DSHS and school district representatives will describe how the proposed group home operation and facility responds to the elements required to be addressed in the basic operating plan.

3. Neighborhood residents will be able to make suggestions, express concerns and discuss potential solutions to issues raised at the meeting.

C. Desired Outcome of the Meeting. The desired outcome of the community meeting is the identification and resolution of issues and/or concerns raised by the neighborhood residents regarding the basic operating plan. (Ord. 5002 § 1, 1997.)

9.19.070 Content of basic operating plan.

The basic operating plan will contain the following information.

A. Program Description. The basic operating plan will:

1. Describe the staffing model and supervision to be used.

2. Describe the type of residents to be served and the treatment and services to be provided to the residents.

3. Describe the number of residents and their anticipated treatment needs.

4. Specify the screening criteria, including that the provider will exercise any available option to have coresponsibility to approve all placements with the provider by the Department of Social and Health Services.

5. Describe the security and safety measures to be used for the program and the facility.

B. External Impacts of the Facility. The basic operating plan will specify that the provider will:

1. Maintain external residential appearance by avoiding structural alterations which would change the residential character of the dwelling, except for alterations required by applicable health and safety codes.

2. Maintain the yard and provide landscaping that is compatible with surrounding residences.

3. Provide off-street parking consistent with the neighborhood.

4. Address noise and traffic impacts.

C. Opportunities for Neighborhood Support of and Involvement With the Day-to-Day Operation of the Group Home. These opportunities as set out in the basic operating plan may include, but are not limited to, one or more of the following:

1. Volunteers.

2. Advisory board.

3. Group home involvement in neighborhood activities.

D. The basic operating plan will include a conflict resolution process.

1. The goal of this process is to resolve disputes arising during operation of the facility at the earliest opportunity. To that end the process described below is suggested and should be used unless an alternative process has been established.

2. Steps in the Conflict Resolution Process. Any group home neighborhood resident or any group home provider seeking to resolve a problem or issue involving the operation of a group home should follow the following steps:

a. Emergencies. If the person seeking to resolve the problem or issue is a group home neighborhood resident, then the resident should contact the group home provider using the 24-hour telephone number provided by the group home provider, and/or contact the city police department. If the person seeking to resolve the problem or issue is the group home provider, then the provider should contact the city police department.

b. Nonemergencies.

i. If the source of the problem or issue is believed to be the group home provider, then the following steps should be taken:

First, contact the group home staff on duty.

Second, contact the executive director of the group home.

Third, contact the neighborhood advisory board, if any.

Fourth, contact the city of Bellevue, which may suggest utilizing the “community mediation program” to resolve the problem.

ii. If the source of the problem or issue is believed to be someone other than the group home provider, then the following steps should be taken:

First, contact the person believed to be the source of the problem or issue.

Second, contact the neighborhood advisory board, if any.

Third, contact the city of Bellevue, which may suggest utilizing the “community mediation program” to resolve the problem.

iii. If efforts to resolve problems through these mechanisms fail, the problem or issue may be referred to the group home advisory board for study and recommendation. The board will not entertain a referral of a dispute if it finds that there has not been a reasonable effort to resolve the dispute with the provider or other appropriate agency with jurisdiction.

iv. If the dispute has not been resolved through local efforts, or where the dispute is peculiarly within the cognizance of the state licensing authority, contact the licensing agency at DSHS (identify agency, contact person, and phone number), and then the State Office of Family and Children’s Ombudsman (OFCO). (Ord. 5002 § 1, 1997.)

9.19.080 Development of basic operating plan.

A. Process.

1. If within 10 days of conclusion of the community meeting a resident of the group home’s neighborhood makes a request to the city to meet and confer with the provider to resolve issues regarding the basic operating plan which remain unresolved following the community meeting, the following process will be utilized. The city will act as facilitator of the process. Participants in this process will be the city facilitator, the provider and such other police, human services, support service agency, funding agency, school district and DSHS representatives as may be appropriate, and up to seven persons from the group home’s neighborhood to represent the neighborhood residents. The city facilitator will assist the neighborhood residents in selecting representatives who will fairly represent the neighborhood on all issues remaining to be resolved at the conclusion of the community meeting.

2. If no request to meet and confer is made to the city within 10 days of conclusion of the community meeting, the provider may file with the city a final basic operating plan containing the elements set forth in BCC 9.19.070.

3. If a request to meet and confer is made to the city within such 10-day period, the provider will meet and confer for a period of up to 60 days from the conclusion of the community meeting with the representatives chosen by the neighborhood residents, to resolve any remaining unresolved issues regarding the proposed basic operating plan. If the remaining unresolved issues are resolved during the 60-day period, or, if at the end of that period there remain issues which are still not resolved, the provider may file with the city a preliminary basic operating plan that addresses all of the elements set out in BCC 9.19.070.

4. The city will give notice of the filing of the preliminary basic operating plan to the participants in the community meeting.

5. Within 10 days after the filing of the preliminary basic operating plan, any neighborhood representative who participated in the meet and confer process may request review by the group home advisory board of any unresolved issues in the preliminary basic operating plan. The board must complete its review and issue its recommendation on the unresolved issues within 30 days after the request for review. The provider must consider, but is not bound by, any board recommendation in preparing the final basic operating plan.

B. If no neighborhood representative files a timely request for review with the group home advisory board, then the provider may file the final basic operating plan. If a timely request for review is filed, the provider may file its final basic operating plan after the group home advisory board issues its recommendations, or after 30 days following the group home advisory board’s receipt of the request for review, whichever occurs first. The final basic operating plan will be filed with the city prior to the group home opening.

C. The final basic operating plan will govern the relationship between the provider and the neighborhood regarding the operation of the group home, and will serve as the basis for resolving any complaints about the group home operation.

D. The provider must utilize this process to modify the final basic operating plan before substantially modifying or expanding the program or the facility. (Ord. 5002 § 1, 1997.)

Chapter 9.20
FAIR HOUSING PRACTICES

Sections:

9.20.010 Declaration of policy.

9.20.020 Definitions.

9.20.030 Unfair housing practices prohibited – Generally.

9.20.040 Unfair housing practices designated.

9.20.041 Religious organization or private club exemption.

9.20.042 Housing for older persons – Exemption.

9.20.045 Dwelling units – Refusal to rent based solely on Section 8 voucher or certificate request prohibited.

9.20.050 Enforcement procedures.

9.20.060 Violation – Penalty.

9.20.010 Declaration of policy.

Recognizing that discrimination in housing adversely and seriously affects the public health, safety and welfare, and in the belief that all persons regardless of race, color, religion, ancestry, national origin, sex, familial status, or marital status should be assured an equal opportunity to acquire, use and possess housing facilities within the city, the ordinance codified in this chapter is enacted, and certain practices described as unfair housing practices are prohibited as an exercise of the city’s police power and in furtherance and for the protection of the public health, safety and welfare. (Ord. 4148 § 1, 1990; Ord. 4061 § 1, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 2, 1977; 1961 code § 7.60.010.)

9.20.020 Definitions.

Definitions as used in this chapter, unless additional meaning clearly appears from the context, shall have the meanings subscribed:

A. “Commission” means the Washington State Human Rights Commission.

B. “Dwelling” includes any building containing one or more dwelling units.

C. “Dwelling unit” includes a suite of rooms for occupancy by one family containing space for living, sleeping and preparation of food, and containing toilet and bathing facilities.

D. “Familial status” means one or more individuals (who have not attained the age of 18 years) being domiciled with:

1. A parent or another person having legal custody of such individual or individuals; or

2. The designee of such parent or other person having such custody, with the written permission of such parent or other person.

The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

E. “Handicap” means, with respect to a person:

1. A physical or mental impairment which substantially limits one or more of such person’s major life activities:

2. A record of having such an impairment; or

3. Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 USC 802)); provided further the term does not apply to a person solely because that person is a transvestite.

F. “Housing accommodations” includes any dwelling, or dwelling unit, rooming unit, roominghouse, lot or parcel of land in the city which is used, intended to be used or arranged or designed to be used as, or improved with, a residential structure for one or more human beings.

G. “Lender” includes any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company or other person engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair or maintenance of a housing accommodation.

H. “Owners” include persons who own, lease, sublease, rent, operate, manage, have charge of, control or have the right of ownership, possession, management, charge or control of the housing accommodation, on their own behalf or on behalf of another.

I. “Occupant” includes any person who has established residence or has the right to occupancy in a housing accommodation.

J. “Person” includes one or more individuals, partnerships, organizations, trade or professional associations, corporations, legal representatives, trustees, trustees in bankruptcy and receivers; it includes any owner, lessee, proprietor, manager, agent or employee, whether one or more natural persons, and further includes any political subdivision or agency or instrumentality of or in the city.

K. “Person aggrieved” means any person against whom any alleged unfair housing practice has been committed.

L. “Prospective borrower” includes any person who seeks to borrow money to finance the acquisition, construction, repair or maintenance of a housing accommodation.

M. “Prospective occupant” includes any person who seeks to purchase, lease, sublease or rent a housing accommodation.

N. “Real estate broker” includes any person who, for a fee, commission or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease or rental of a housing accommodation of another, or holds himself out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing or renting a housing accommodation of another, or collects the rental for the use of a housing accommodation of another.

O. “Real estate agent, salesman or employee” includes any person employed by or associated with a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.

P. “Respondent” means any person who is alleged to have committed an unfair housing practice.

Q. “Rooming unit” includes one or more rooms within a dwelling unit or roominghouse containing space for living and sleeping.

R. “Unfair housing practice” means any act prohibited by this chapter. (Ord. 4148 § 2, 1990; Ord. 4061 § 2, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 3, 1977; 1961 code § 7.60.020.)

9.20.030 Unfair housing practices prohibited – Generally.

Unfair housing practices, as defined in this chapter regarding housing accommodations are contrary to the public peace, health, safety and general welfare and are prohibited by the city in the exercise of its police power. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 4, 1977; 1961 code § 7.60.030.)

9.20.040 Unfair housing practices designated.

A. No owner, lessee, sublessee, assignee, real estate broker, real estate salesman, managing agent of a housing accommodation or other person having the right to sell, rent, lease, sublease, assign, transfer or otherwise dispose of a housing accommodation shall refuse to sell, rent, lease, sublease, assign, transfer or otherwise deny to, or withhold from any person or group of persons such housing accommodations, or segregate the use thereof, or represent that such housing accommodations are not available for inspection, when in fact they are so available, or expel or evict an occupant from a housing accommodation because of race, color, religion, ancestry, national origin, sex, handicap, familial status, or marital status of such person or persons or discriminate against or segregate any person because of race, color, religion, ancestry, national origin, sex, handicap, familial status, or marital status of such person, in the terms, conditions or privileges of the sale, rental, lease, sublease, assignment, transfer or other disposition of any such housing accommodations or in the furnishing of facilities or services in connection therewith.

B. A real estate broker, agent, salesman or employee shall not, because of race, color, religion, ancestry, national origin, sex, handicap, familial status or marital status of an occupant, purchaser, prospective occupant or prospective purchaser:

1. Refuse, or intentionally fail to list, or discriminate in listing a housing accommodation for sale, rent, lease or sublease;

2. Refuse or intentionally fail to show to a prospective occupant the housing accommodation listed for sale, rental, lease or sublease;

3. Refuse or intentionally fail to accept and/or transmit to an owner any reasonable offer to purchase, lease, rent or sublease a housing accommodation;

4. Otherwise discriminate against an occupant, prospective occupant, purchaser or prospective purchaser of a housing accommodation.

C. No person, bank, banking organization, mortgage company, insurance company or other financial institution or lender, or any agent or employee thereof, to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation shall:

1. Discriminate against any person or group of persons because of race, color, religion, ancestry, national origin, sex, handicap, familial status, or marital status or such person or group of persons or of the prospective occupants or tenants of such real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions or privileges of, any such financial assistance or in the extension of services in connection therewith; or

2. Use any form of application for such financial assistance, or make any record of inquiry in connection with applications for such financial assistance which expresses, directly or indirectly, any limitation, specification or discrimination on the ground of race, color, religion, ancestry, national origin, sex, handicap, familial status or marital status.

D. An owner, person, real estate broker, agent, salesman, employee or lender shall not:

1. Require any information, make, or keep any record, or use any form of application containing questions or entries concerning race, color, religion, ancestry, national origin, sex, handicap, familial status, or marital status in connection with the sale, rental, lease or sublease of any housing accommodation;

2. Publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind relating to the sale, rental, lease, sublease, assignment, transfer or listing of a housing accommodation or accommodations which indicate any preference, limitation, specification or discrimination based on race, color, religion, ancestry, national origin, sex, handicap, familial status or marital status;

3. Aid, abet, compel or coerce the doing of any act defined in this chapter as an unfair housing practice; or obstruct or discriminate against a person in any manner because he has complied or proposed to comply with the provisions of this chapter or has filed a complaint, testified or assisted in any proceeding under this chapter, or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this chapter to be an unfair housing practice or apply any economic sanctions or deny any membership privileges because of compliance with the provisions of this chapter.

E. For purposes of discrimination based on handicap, discrimination includes:

1. A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

2. A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

Nothing in this subsection E requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (Ord. 4148 § 3, 1990; Ord. 4061 § 3, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 5, 1977; 1961 code § 7.60.040.)

9.20.041 Religious organization or private club exemption.

Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (Ord. 4061 § 4, 1989.)

9.20.042 Housing for older persons – Exemption.

A. No provision in this chapter regarding familial status applies with respect to housing for older persons.

B. As used in this section, “housing for older persons” means housing:

1. Provided under any state or federal program that the compliance officer determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

2. Intended for, and solely occupied by, persons 62 years of age or older; or

3. Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this subsection, the compliance officer shall consider the following factors:

a. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and

b. That at least 80 percent of the units are occupied by at least one person 55 years of age or older per unit; and

c. The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons 55 years of age or older.

C. Housing shall not fail to meet the requirements for housing for older persons by reason of:

1. Persons residing in such housing as of the date of enactment of the ordinance codified in this chapter who do not meet the age requirements of subdivisions B2 or B3 of this section; provided, that new occupants of such housing meet the age requirements of subsection B of this section; or

2. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subdivisions B2 or B3 of this section.

D. Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 USC 802). (Ord. 4061 § 5, 1989.)

9.20.045 Dwelling units – Refusal to rent based solely on Section 8 voucher or certificate request prohibited.

No person shall refuse to rent a dwelling unit to any rental applicant solely on the basis that the applicant proposes to rent such unit pursuant to a Section 8 voucher or certificate issued under the Housing and Community Development Act of 1974 (42 USC 1437(F)); provided this section shall only apply with respect to a Section 8 certificate if the monthly rent on such residential unit is within the limits of fair market rent as established by the Department of Housing and Urban Development. “Dwelling unit” shall have the meaning set forth in BCC 20.50.016. (Ord. 4118 § 1, 1990.)

9.20.050 Enforcement procedures.

A. A complaint alleging an unfair housing practice shall be in writing and signed by the charging party, describing the unfair housing practice complained of, and must be filed within six months of the occurrence of the alleged unfair housing practice by:

1. Any person, or the person’s attorney, when the person claims to be aggrieved by an unfair housing practice;

2. The compliance officer or city attorney, whenever the compliance officer or city attorney has reason to believe an unfair housing practice has been or is being committed;

3. A state or federal agency concerned with discrimination in housing, whenever it has reason to believe an unfair housing practice has been or is being committed.

B. Complaints shall be filed with the compliance officer, who shall be appointed by the city manager. A complaint shall not be rejected as insufficient because of failure to include all required information so long as it substantially satisfies the information requirements necessary for processing.

C. Notice of the complaint, including date, place and circumstances of the alleged unlawful practice, shall be served upon the respondent and a copy thereof shall be filed with the city attorney.

D. An investigation into the allegations contained in the complaint shall be made by the compliance officer, and the results thereof reduced to written findings of fact. A finding shall be made, based upon a preponderance of the evidence obtained in the investigation, that there is or is not reasonable cause to believe that an unfair housing practice has been or is being committed.

E. If a finding is made that there is no reasonable cause, the findings shall be furnished to the charging party and to the respondent. Within 30 days after the receipt of the finding, the charging party shall have the right to appeal such finding to the Washington State Human Rights Commission by filing a written statement of appeal with it. In the event that no appeal is taken or such appeal is unsuccessful, the complaint shall be dismissed.

F. If the finding is made initially or on appeal that reasonable cause exists to believe that an unfair housing practice has occurred, the compliance officer shall endeavor to eliminate the unfair practice by conference, conciliation and persuasion which may include as a condition of settlement the elimination of the unfair housing practice, rent refunds or credits, reinstatement to tenancy, affirmative recruiting or advertising measures or such other requirements as may lawfully be agreed upon by the parties and the compliance officer. Any settlement agreement shall be reduced to writing and signed by the respondent and the compliance officer. Copies of such agreements shall be delivered to all affected parties and the city attorney and the original thereof filed with the city clerk. If no agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof furnished to the charging party, the respondent, and the city attorney.

G. In case of failure to reach agreement for the elimination of such unfair practice, and upon the entry of a finding to that effect, the complaint and any and all findings shall be certified by the compliance officer to the city attorney.

H. The city attorney may institute legal proceedings on the basis of a complaint filed under this chapter. (Ord. 4061 § 6, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 7, 1977.)

9.20.060 Violation – Penalty.

A. Civil Remedies. The violation or failure to comply with any of the provisions of this chapter is declared to be unlawful.

B. Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to a civil penalty not exceeding $500.00 for each day or portion thereof that the unlawful act or omission has continued.

C. Criminal Penalty. Any person who violates or fails to comply with the provisions of this chapter is guilty of a misdemeanor. Each day or portion thereof upon which the unlawful act or omission occurs constitutes a separate offense. (Ord. 4061 § 7, 1989; Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2398 § 8, 1977; 1961 code § 7.60.060.)

Chapter 9.21
RELOCATION ASSISTANCE

Sections:

9.21.010 Purpose.

9.21.020 Definitions.

9.21.030 Applicability.

9.21.040 Relocation assistance payment amounts.

9.21.050 Permit issuance.

9.21.060 Notification to tenants.

9.21.070 Tenant eligibility for relocation assistance.

9.21.080 Owner’s contribution to relocation assistance.

9.21.090 Payment of relocation assistance.

9.21.100 Public hearing – Unlawful detainer.

9.21.110 Appeal of hearing examiner decision.

9.21.120 Eviction protection.

9.21.130 Violation – Penalty.

9.21.010 Purpose.

Pursuant to RCW 59.18.440 cities may require property owners to provide their portion of reasonable relocation assistance to low income tenants upon the demolition, substantial rehabilitation of or change of use of residential property, or upon the removal of use restrictions in an assisted housing development. This chapter establishes the requirements and procedures for providing relocation assistance only to low income tenants who are displaced as a result of building or land use code enforcement actions initiated by the city. (Ord. 4354 § 1, 1992.)

9.21.020 Definitions.

The following words and phrases when used in this chapter, unless the context otherwise indicates, shall have the following meanings:

A. “Change or elimination in residential use” means the conversion of a residential unit to a nonresidential use or the elimination of a residential unit.

B. “City codes” means the Land Use Code, Uniform Building Code and related standards, Uniform Housing Code, Washington State Energy Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Fire Code, Uniform Mechanical Code, Uniform Plumbing Code, and National Electrical Code, as adopted and amended by this code.

C. “Demolition” means the destruction of any dwelling unit or the relocation of an existing dwelling unit or units to another site.

D. “Director” means the director of the development services department or the director’s designee.

E. “Displacement” means that existing tenants must vacate the dwelling unit because of the demolition, substantial rehabilitation or change or elimination of residential use. For purposes of this chapter, “displacement” shall not include the permanent relocation of a tenant from one dwelling unit to another dwelling unit in the same building with the tenant’s consent or the temporary relocation of a tenant for less than 72 hours.

F. “Low income tenants” means tenants whose combined total household income per dwelling is at or below 50 percent of the median income, as adjusted for family size, as determined by the United States Department of Housing and Urban Development for King County or the Seattle Metropolitan Statistical Area.

G. “Owner” means one or more persons, jointly or severally, in whom is vested:

1. All or part of the legal title to the property; or

2. All or part of the beneficial ownership and a right to present use and enjoyment of the property.

H. “Substantial rehabilitation” means extensive structural repair or extensive remodeling which requires a building, electrical, plumbing or mechanical permit, and which cannot be done with the tenant in occupancy.

I. “Tenant” means any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement and includes those persons who are considered to be tenants under the State Residential Landlord Tenant Act, Chapter 59.18 RCW, and those tenants whose living arrangements are exempted from the State Residential Landlord Tenant Act under RCW 59.18.040(3) if their living arrangement is considered to be a rental or lease pursuant to RCW 67.28.180(1). For purposes of this chapter, “tenant” shall not include the owner of a dwelling unit or members of the owner’s immediate family. (Ord. 5821 § 17, 2008; Ord. 4354 § 1, 1992.)

9.21.030 Applicability.

The provision of relocation assistance to low income tenants applies if the displacement is the result of the following:

A. Demolition of dwelling units or structures if the demolition is ordered by the director due to city code violations or deficiencies; or

B. Substantial rehabilitation ordered by the director due to city code violations or deficiencies; or

C. Change or elimination of a residential use if the change or elimination is ordered by the director due to city code violations or deficiencies. (Ord. 4354 § 1, 1992.)

9.21.040 Relocation assistance payment amounts.

A. Low income tenants who are displaced by demolition, substantial rehabilitation or change or elimination of a residential use and who comply with the requirements of this chapter, shall be paid a relocation assistance payment in the amount of $2,000 per dwelling unit. The amount of relocation assistance shall be adjusted annually by the percentage amount of change in the housing component of the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics.

B. The owner is responsible for payment in cash of one-half of the required relocation assistance per dwelling unit. The portion of the relocation assistance not payable by the owner shall be paid by the city up to a maximum of one-half the total payment amount in BCC 9.21.040. (Ord. 4354 § 1, 1992.)

9.21.050 Permit issuance.

The requirements of this chapter must be complied with prior to the issuance of a residential demolition permit or permits relating to substantial rehabilitation if the demolition or substantial rehabilitation has been ordered by the director due to city code violations or deficiencies, or prior to the eviction of tenants for a change or elimination of residential use if the change or elimination of use is ordered by the director due to city code violations or deficiencies. (Ord. 4354 § 1, 1992.)

9.21.060 Notification to tenants.

If the director has initiated enforcement action to resolve city code violations or deficiencies and is reasonably certain that the required corrective action will result in demolition, substantial rehabilitation or change or elimination of residential use which will displace tenants, the director shall require that the owner provide mailing labels with the name and address of each tenant whose dwelling unit will be potentially displaced. The director shall mail notice by certified mail to each tenant informing them of their rights under this chapter. The notice shall include a tenant income verification form and instructions that tenants must complete and return the form to the director within 30 days from the date that the director’s notice was mailed. (Ord. 4354 § 1, 1992.)

9.21.070 Tenant eligibility for relocation assistance.

A. The completed information on the tenant income verification form shall include the names of all occupants of the dwelling unit, the total combined annual income of the occupants of the dwelling unit, and the total combined income of the occupants for the current calendar year. Any tenant who fails to return a completed tenant income verification form to the director within 30 days from the notification date shall not be eligible for relocation assistance, unless the tenant has requested and received a written extension from the director.

B. Based on the information contained in the tenant income verification form, the director shall determine which tenants qualify as low income tenants and are therefore eligible to receive relocation assistance upon displacement.

C. Within 15 days of the director’s receipt of the signed relocation assistance forms from all tenants or within 15 days of the expiration of the tenant’s 30-day period for submitting signed relocation assistance forms to the director, whichever occurs first, the director shall send to each tenant household who submitted a signed form and to the owner by both regular United States mail and certified mail, a notice stating whether the tenant qualifies as a low income tenant and is eligible for relocation assistance. The director shall send notice to the owner indicating all tenants deemed eligible for relocation assistance.

D. Both the tenant and the owner may file an appeal with the hearing examiner, pursuant to the Process II appeal procedures (LUC 20.35.250), of the director’s determination of the tenant’s eligibility for relocation assistance. The hearing examiner must issue a decision within 30 days from the date the appeal was filed. (Ord. 4978 § 28, 1997; Ord. 4354 § 1, 1992.)

9.21.080 Owner’s contribution to relocation assistance.

Within 10 days after receipt by the owner of the notice of tenant eligibility, the owner shall pay to the director one-half of the total relocation assistance cost. If an appeal is filed pursuant to BCC 9.21.070(D), the owner’s contribution is due within 10 days of the hearing examiner’s decision. The total relocation assistance shall be calculated based on the number of units occupied by tenant households who are determined by the director to be eligible for relocation assistance, as modified by any decisions by the hearing examiner concerning eligibility for relocation assistance, multiplied by the payment amount established in BCC 9.21.040 of this chapter. (Ord. 4354 § 1, 1992.)

9.21.090 Payment of relocation assistance.

Upon receipt of the owner’s share of relocation assistance costs, the director shall send total relocation assistance payments to eligible tenants. The director may request verification that the tenant will be displaced by the demolition, substantial rehabilitation or change in or elimination of residential use. (Ord. 4354 § 1, 1992.)

9.21.100 Public hearing – Unlawful detainer.

The owner or tenant may request a public hearing before the hearing examiner to resolve disputes between displaced tenants and the owner relating to unlawful detainer actions during relocation. The public hearing shall be governed by the provisions for appeal of a Process II decision, LUC 20.35.250. (Ord. 4978 § 29, 1997; Ord. 4354 § 1, 1992.)

9.21.110 Appeal of hearing examiner decision.

A decision of the hearing examiner under BCC 9.21.070D or 9.21.100 is the final city decision. The decision of the hearing examiner may be appealed to superior court by filing a petition within 10 calendar days following the date of the decision. Appeals to superior court are by application for a writ of certiorari, writ of prohibition or writ of mandamus. (Ord. 4354 § 1, 1992.)

9.21.120 Eviction protection.

A. During a period from the date that the director first notifies the owner of building code violations or deficiencies, to the time that relocation assistance payments are paid to eligible tenants, the owner shall not:

1. Evict, harass or intimidate tenants into vacating their units for the purpose of avoiding or diminishing application of this chapter including and unreasonable rent increase; or

2. Reduce the services to any tenant; or

3. Materially increase or change the obligations of any tenant.

B. Low income tenants who are evicted or vacate as a result of subsections A1, 2 and 3 of this section prior to receiving relocation assistance payments, may be eligible for relocation assistance payments, as determined by the director. (Ord. 4354 § 1, 1992.)

9.21.130 Violation – Penalty.

A. The violation of or failure to comply with any provision of this chapter is declared to be unlawful.

Chapter 9.22
MAYOR’S EMERGENCY POWERS

Sections:

9.22.010 Proclamation of civil emergency – Emergency defined.

9.22.020 Action which may be taken.

9.22.030 Delivery to news media.

9.22.040 Violation – Penalty.

9.22.010 Proclamation of civil emergency – Emergency defined.

Whenever a civil emergency, or the imminent threat thereof, occurs in the city and results in, or threatens to result in the death or injury of persons or the destruction of or damage to property to such extent as to require, in the judgment of the mayor, extraordinary measures to protect the public peace, safety and welfare, the mayor shall forthwith proclaim in writing the existence of a civil emergency. In the absence of the mayor, such a civil emergency may be declared by the mayor pro tem, and in the absence of the mayor pro tem, by the city manager. For the purposes of this chapter a civil emergency shall mean:

A. A riot, unlawful assembly, insurrection, enemy attack, sabotage, or other hostile action; or

B. A natural or human caused disaster, including fire, flood, storm, explosion, earthquake, volcanic disturbance or other natural cause. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; Ord. 2890 § 1, 1980; 1961 code § 7.64.010.)

9.22.020 Action which may be taken.

Upon the proclamation of a civil emergency by the mayor, and during the existence of such emergency the mayor may make and proclaim any or all of the following orders:

A. An order imposing a general curfew applicable to the city as a whole, or to such geographical area or areas of the city and during such hours as he deems necessary, and from time to time to modify the hours such curfew will be in effect and the area or areas to which it will apply;

B. An order requiring any or all business establishments to close and remain closed until further order;

C. An order requiring the closure of any or all bars, taverns, liquor stores and other business establishments where alcoholic beverages are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of alcoholic beverages and in which such alcoholic beverages may be removed or made secure from possible seizure by the public, the portions thereof utilized for the sale of items other than alcoholic beverages may, in the discretion of the mayor, be allowed to remain open;

D. An order requiring the discontinuance of the sale, distribution or giving away of firearms and/or ammunition for firearms in any or all parts of the city;

E. An order requiring the discontinuance of the sale, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;

F. An order requiring the closure of any or all business establishments where firearms and/or ammunition for firearms are sold or otherwise dispensed; provided, that with respect to those business establishments which are not primarily devoted to the sale of firearms and/or ammunition and in which such firearms and/or ammunition may be removed or made secure from possible seizure by the public, the portions thereof utilized for sale of items other than firearms and ammunition may, in the discretion of the mayor, be allowed to remain open;

G. An order closing to the public any or all public places, including streets, alleys, public ways, schools, parks, beaches, amusements areas and public buildings;

H. An order prohibiting the carrying or possession of firearms or any instrument which is capable of producing bodily harm and which is carried or possessed with the intent to use the same to cause such harm; provided, that any such order shall not apply to peace officers or military personnel engaged in the performance of their official duties;

I. Such other orders as are imminently necessary for the protection of life and property.

Provided, however, that any such orders shall, at the earliest practicable time, be presented to the city council for ratification and confirmation, and if not so ratified and confirmed shall be void. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; 1961 code § 7.64.020.)

9.22.030 Delivery to news media.

The mayor shall cause any proclamation issued by him pursuant to the authority of this chapter to be delivered to all news media within the city and shall utilize such other available means, including public address systems, as shall be necessary, in his judgment, to give notice of such proclamations to the public. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; 1961 code § 7.64.030.)

9.22.040 Violation – Penalty.

It is unlawful for anyone to fail or refuse to obey any such order proclaimed by the mayor. Anyone convicted of a violation of this chapter is punishable by a fine of not more than $250.00, or by imprisonment for not more than 90 days, or both such fine and imprisonment. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; 1961 code § 7.64.040.)

Chapter 9.24
CIVIL DEFENSE – INFRACTIONS

Sections:

9.24.010 Civil defense – Violations.

It is a misdemeanor, punishable by a fine of not to exceed $250.00 or by imprisonment for not to exceed three months, or both, for any person during a disaster:

A. To wilfully obstruct, hinder or delay any member of the civil defense organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this chapter;

B. To do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof;

C. To wear, carry or display, without authority, any means of identification specified by the State Department of Civil Defense. (Ord. 3550 § 5, 1985; Ord. 3516 § 28, 1985; 1961 code § 3.36.090.)

Chapter 9.26
SOLID WASTE

Sections:

9.26.010 Management plan adopted.

9.26.020 County powers and regulations.

9.26.030 Recyclable materials designated.

9.26.040 Commercial recycling program – City participation.

9.26.050 Yard waste disposal restrictions.

9.26.010 Management plan adopted.

The city adopts the comprehensive solid waste management plan with addenda as recommended by the Solid Waste Interlocal Forum through Resolution No. 89005, a copy of which plan has been given Clerk’s Receiving No. 15422. (Ord. 4136 § 1, 1990.)

9.26.020 County powers and regulations.

Pursuant to RCW 70.95.160, the city determines that King County shall not exercise any powers regarding the levels and types of service for any aspect of solid waste handling in the city. King County regulations and ordinances regarding levels and types of service for any aspect of solid waste handling shall not apply within the corporate limits of the city. (Ord. 4136 § 2, 1990.)

9.26.030 Recyclable materials designated.

A. Pursuant to RCW 70.95.030, the city designates the following materials as recyclable materials:

1. Newspaper;

2. Mixed paper;

3. Aluminum containers;

4. Glass containers;

5. Bi-metal containers;

6. PET plastic bottles;

7. Yard waste;

8. Scrap nonferrous metals.

B. Other materials may be administratively designated as recyclable as markets become available and as the net cost of collecting and recycling that material become equal to or less than the cost of collection, transfer, long haul and disposal. Items in the above list may be administratively removed due to market or other variations. (Ord. 4136 § 3, 1990.)

9.26.040 Commercial recycling program – City participation.

Pursuant to Chapter 70.95 RCW and the King County comprehensive solid waste management plan, the city determines that it shall participate, at a level acceptable to the city, with King County in a commercial recycling program. (Ord. 4136 § 4, 1990.)

9.26.050 Yard waste disposal restrictions.

A. Definitions. For purposes of this section, the following words shall have the meaning hereinafter provided:

1. “Solid waste,” as used herein, means and includes all garbage, rubbish, trash, refuse, debris, scrap, waste materials, and discarded materials of all types whatsoever, except hazardous wastes, medical waste, animal waste, any and all source-separated recyclable materials, and yard waste.

2. “Yard waste” as used herein, shall mean and include all loose materials such as sod, grass, weeds, flowers, leaves, etc., as well as branches and prunings less than four inches in diameter and five feet in length. It excludes food waste; plastics and synthetic fibers; lumber; and any wood or tree limbs over four inches in diameter or five feet in length and soil contaminated with hazardous waste.

3. “City contracted hauler” means a company contracting with the city to collect and dispose of solid waste, recyclable materials or yard waste.

B. The deposit of yard waste in solid waste containers or recycling containers for collection by city contracted haulers is prohibited. No solid waste or recyclable materials that are mixed with yard waste will be collected by city-contracted haulers. Yard waste will only be collected by city-contracted haulers if the yard waste is separated and contained in approved containers and the resident is participating in the city’s yard waste collection program.

C. The city manager or his designee is authorized and directed to take all action necessary to implement the provisions of this section, including the amendment of any solid waste, recycling or yard waste contract necessary to achieve the purposes of this chapter and to modify or establish new rates for the collection of solid waste, recyclable materials or yard waste. (Ord. 4144 §§ 1 – 3, 1990.)

Footnotes

¹Prior legislation: 1961 code §§ 6.10.010 – 6.10.080; Ords. 2090, 2427, and 3339.

Title 9HEALTH AND SAFETY Amended Ord. 5878

Chapter 9.04HEALTH AND SAFETY CODES ADOPTED

9.04.010 Codes adopted.

9.04.020 Inspection and condemnation of buildings.

9.04.030 Violation – Penalty.

Chapter 9.06FOOD SERVICE ESTABLISHMENTS

9.06.010 Definitions.

9.06.020 Food sources and protection.

9.06.030 Employees – Health and disease control.

9.06.040 Employees – Cleanliness.

9.06.050 Equipment and utensils.

9.06.060 Cleanliness of equipment and utensils.

9.06.070 Water supply.

9.06.080 Sewage disposal.

9.06.090 Plumbing.

9.06.100 Toilet facilities.

9.06.110 Hand-washing facilities.

9.06.120 Garbage and rubbish disposal.

9.06.130 Vermin control.

9.06.140 Floors, walls and ceilings.

9.06.150 Lighting.

9.06.160 Ventilation.

9.06.170 Dressing rooms and lockers.

9.06.180 Sanitation regulations.

9.06.190 Extent of chapter coverage.

9.06.200 Permit.

9.06.210 Permit – Suspension.

9.06.220 Permit – Revocation.

9.06.230 Inspection of food service establishments.

9.06.240 Inspection records.

9.06.250 Service of notices.

9.06.260 Examination and condemnation of food.

9.06.270 Food from out-of-city establishments.

9.06.280 Plan review of future construction.

9.06.290 Procedure when infection is suspected.

9.06.300 Enforcement – Authority.

9.06.310 Violation – Penalty.

Chapter 9.09ABATEMENT OF JUNK VEHICLES

9.09.010 Purpose.

9.09.020 Definitions.

9.09.030 Exemptions.

9.09.040 Abatement and removal of junk vehicles on private property.

9.09.050 Violation – Penalty.

9.09.060 Severability.

Chapter 9.10NUISANCES1

9.10.010 Definitions.

9.10.020 Prohibited conduct.

9.10.030 Types of nuisances.

9.10.040 Violation – Penalty.

Chapter 9.11ANTI-LITTER CODE

9.11.010 Purpose.

9.11.020 Definitions.

9.11.030 Prohibited conduct.

9.11.040 Property owner’s duty to keep premises litter-free.

9.11.050 Placement in litter receptacles.

9.11.060 Placement in dumpsters and drop boxes – Dumpster standards.

9.11.070 Newspapers.

9.11.080 Responsibility to procure and place receptacles.

9.11.090 Authorized litter receptacles – Minimum standards.

9.11.100 Receptacles – Placements required.

9.11.110 Receptacle – Number required.

9.11.120 Litter receptacles – Prohibited acts.

9.11.130 Presumption of responsibility.

9.11.140 Violation – Penalty.

9.11.160 Short title.

Chapter 9.12SANITATION OF LAKES AND STREAMS

9.12.010 Definitions.

9.12.020 Drainage into lakes and streams.

9.12.040 Dwelling on boats and houseboats.

9.12.050 Discharge from boats moored in city.

9.12.060 Violation – Penalty.

Chapter 9.14SOUND AMPLIFICATION

Chapter 9.16FALSE ALARMS

9.16.010 Purpose.

9.16.020 Definitions.

9.16.030 Emergency response card.

9.16.040 Fees, corrective action, disconnection.

9.16.050 Interest charged on late fees.

9.16.060 Administrative decisions, notice.

9.16.070 Appeal from administrative decision, finality.

Title 9
HEALTH AND SAFETY Amended Ord. 5878

Chapter 9.04
HEALTH AND SAFETY CODES ADOPTED

Chapter 9.06
FOOD SERVICE ESTABLISHMENTS

Chapter 9.09
ABATEMENT OF JUNK VEHICLES

Chapter 9.10
NUISANCES¹

Chapter 9.11
ANTI-LITTER CODE

Chapter 9.12
SANITATION OF LAKES AND STREAMS

Chapter 9.14
SOUND AMPLIFICATION

Chapter 9.16
FALSE ALARMS

Chapter 9.18
NOISE CONTROL Amended Ord. 5878

Chapter 9.19
GROUP HOME FOR CHILDREN COMMUNITY INVOLVEMENT PROCESS

Chapter 9.20
FAIR HOUSING PRACTICES

Chapter 9.21
RELOCATION ASSISTANCE

Chapter 9.22
MAYOR’S EMERGENCY POWERS

Chapter 9.24
CIVIL DEFENSE – INFRACTIONS

Chapter 9.26
SOLID WASTE