For purposes of this chapter, the following words or phrases shall have the meaning prescribed below:
A. 
"Abate"
means to repair, replace, remove, destroy, or otherwise remedy a condition that constitutes a violation of this chapter by such means and in such a manner and to such an extent as the Chief of Police determines is necessary in the interest of the general health, safety and welfare of the community.
B. 
"Chief of police"
means the Chief of Police or his or her designees.
C. 
"Control"
means the power or ability to direct or determine conditions, conduct, or events occurring on a property.
D. 
"Chronic nuisance property"
means:
1. 
A property on which 3 or more nuisance activities as described in TMC Section 8.27.010(F) exist or have occurred during any 60-day period, or 7 or more nuisance activities have occurred during any 12-month period;
2. 
A property which, upon a request for execution of a search warrant, has been the subject of a determination by a court 2 or more times within a 12-month period that probable cause exists that illegal possession, manufacture or delivery of a controlled substance or related offenses as defined in RCW Chapter 69.50 has occurred on the property; or
3. 
In the case of any property on which an establishment that sells, imports, manufactures, or distributes alcohol is located, a property on which 3 or more “chronic illegal activities” as defined by RCW 66.24.010(12) have occurred during any 60-day period, or 7 or more such activities have occurred during any 12-month period.
E. 
"Drug related activity"
means activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW.
F. 
"Nuisance activity"
includes:
1. 
A “most serious offense” as defined in RCW 9.94A;
2. 
A “drug related activity” as defined in TMC Section 8.27.010I;
3. 
Any of the following activities, behaviors or criminal conduct:
a. 
Assault, Reckless Endangerment, as defined in RCW 9A.36;
b. 
Stalking or Harassment, as defined in RCW 9A.46;
c. 
Disorderly Conduct, as defined in TMC Section 8.70.010;
d. 
Promoting, advancing or profiting from prostitution as defined in RCW 9A.88;
e. 
Prostitution, as defined in RCW 9A.88.030;
f. 
Permitting Prostitution, as defined in RCW 9A.88.090(1);
g. 
Prostitution Loitering, as defined in TMC Section 8.50.040;
h. 
Failure to Disperse, as defined in TMC Section 8.70.020;
i. 
Weapons violations, as defined in TMC Chapter 8.10;
j. 
Gang related activity, as defined in RCW 59.18.030(7).
G. 
"Owner"
means any person who, alone or with others, has title or interest in any property.
H. 
"Person"
means an individual, group of individuals, corporation, partnership, association, club, company, business trust, joint venture, organization, or any other legal or commercial entity or the manager, lessee, agent, officer or employee of any of them.
I. 
"Person in charge"
of a property means the owner, lessee, tenant, occupant, agent, manager of a property, and/or any other person in actual or constructive possession of a property.
J. 
"Property"
means any land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, parking area, loading area, landscaping, building or structure or any separate part, unit or portion thereof.
K. 
"RCW"
means the Revised Code of Washington.
L. 
"TMC"
means Tukwila Municipal Code.
(Ord. 2352 § 1 (part), 2011)
A. 
Any property within the City of Tukwila that is a chronic nuisance property as defined in TMC Section 8.27.010 is in violation of this chapter and subject to its remedies.
B. 
It is the responsibility of all persons in charge to ensure that the provisions of this code are met on any property they own, possess, or control. Any persons in charge of a chronic nuisance property as defined in TMC Section 8.27.010 shall be in violation of this chapter and subject to its remedies.
C. 
An owner who fails to comply with TMC Section 8.27.050 is in violation of this chapter and is subject to penalties pursuant to TMC Section 8.27.080.
(Ord. 2352 § 1 (part), 2011)
A. 
Authority.
Upon presentation of proper credentials, the Chief of Police may, with the consent of any person in charge, or with other lawful authority, enter any building or premises in order to perform the duties imposed by this chapter.
B. 
Investigation.
The Chief of Police may investigate any activity that he or she reasonably believes to be a nuisance activity as defined by TMC Section 8.27.010.
C. 
Civil Infraction.
If, after investigation, or after the complaint of residents or others, the Chief of Police has probable cause to believe the applicable standards or requirements of the Tukwila Municipal Code have been violated, the Chief of Police may issue a civil infraction citation in accordance with RCW 7.80, which is incorporated herein by this reference, upon the person(s) in charge.
D. 
Violation Notice and Order.
Alternatively, after investigation, or based upon the complaint of residents or others, the Chief of Police may serve a Violation Notice and Order upon the person(s) in charge. The Violation Notice and Order shall contain the following information:
1. 
A declaration that the Chief of Police has determined the property has become a chronic nuisance property and a concise description of the nuisance activities that exist or that have occurred.
2. 
What corrective action, if any, is necessary in order to remedy the nuisance activities.
3. 
A reasonable time for compliance.
4. 
A notice that the owner and other persons in charge of the property are subject to monetary penalties as set forth in TMC Section 8.27.080.
5. 
An explanation of the appeal process and the specific information required to file an appeal.
E. 
Service of a Violation Notice and Order.
A Violation Notice and Order shall be served on the person(s) in charge by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. When a notice is issued pursuant to this section to a person in charge other than an owner or an owner’s agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be served on the owner of the property. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the Chief of Police makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
1. 
Publishing the notice once each week for two consecutive weeks in the City’s official newspaper; and
2. 
Mailing a copy of the notice to each person named on the Violation Notice and Order by first class mail to the last known address if known or, if unknown, to the address of the property involved in the proceedings.
F. 
Posting.
A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
G. 
Amendment.
A Violation Notice and Order may be amended at any time in order to:
1. 
Correct clerical errors; or
2. 
Cite additional authority for a stated violation.
(Ord. 2352 § 1 (part), 2011)
A. 
Civil Infraction Citations.
Civil infraction citations will be issued and processed in accordance with RCW 7.80, which is incorporated herein by reference. The Tukwila Municipal Court shall have jurisdiction over all civil infraction citations issued under this chapter.
B. 
Determination of Time for Compliance with Violation Notice and Order.
Persons receiving a Violation Notice and Order shall rectify the nuisance activity identified within the time period specified by the Chief of Police pursuant to Section 8.27.030(D) of this chapter.
C. 
Order Becomes Final Unless Appealed.
Unless an appeal is filed with the Chief of Police for hearing before the Hearing Examiner in accordance with Section 8.27.070 of this chapter, the Violation Notice and Order shall become the final order of the Chief of Police. A copy of the notice may be filed and recorded with the King County Recorder.
(Ord. 2352 § 1 (part), 2011)
An owner who receives a copy of a violation notice and order pursuant to TMC Section 8.27.030(D) describing a chronic nuisance property permitted by a person in charge other than the owner or the owner’s agent, shall promptly take all reasonable steps requested in writing by the Chief of Police to assist in abatement of the nuisance property. Such reasonable steps may include, but are not limited to, the owner taking all acts and pursuing all remedies, including pursuing eviction of the person(s) in charge, that are (1) available to the owner pursuant to any lease or other agreement, and (2) consistent with state and local laws, including but not limited to RCW 59.18.580, the Victim Protection Limitation on Landlord’s Rental Decisions.
(Ord. 2352 § 1 (part), 2011)
A. 
Applicability.
While it is the City’s desire to obtain voluntary correction pursuant to TMC Chapter 8.27, compliance is not a prerequisite for pursuing any of the other remedies for correction in TMC Chapter 8.27, or any remedies available in law or equity. This section may apply whenever the Chief of Police determines that a chronic nuisance exists.
B. 
General.
The Chief of Police may attempt to secure voluntary correction by contacting any person(s) in charge and explaining the violation and requesting correction.
C. 
Voluntary Correction and Limited Right of Entry Agreement.
A Voluntary Correction and Limited Right of Entry Agreement is a contract between the City and any person(s) in charge of the chronic nuisance property in which such person agrees to promptly take all lawful and reasonable actions, which shall be set forth in the agreement, to abate the nuisance activities within a specified time and according to specified conditions. A Voluntary Correction and Limited Right of Entry Agreement may be entered into between the City of Tukwila—acting through the applicable department director—and the person in charge for resolution of the violation. A Voluntary Correction and Limited Right of Entry Agreement shall be signed by the person(s) in charge and, if different, the owner, and may include the following:
1. 
The name and address of the person(s) in charge;
2. 
The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
3. 
A description of the nuisance activities;
4. 
The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. 
An agreement by the person(s) in charge that the City may inspect the premises as may be necessary to determine compliance with the Voluntary Correction and Limited Right of Entry Agreement;
6. 
An agreement by the person(s) in charge that the City may abate the nuisance and recover its costs and expenses and monetary penalties pursuant to this chapter from the person in charge if the terms of the correction agreement are not met; and
7. 
When a person in charge other than an owner or an owner’s agent has permitted a property to be a chronic nuisance property, an agreement by the owner to promptly take all acts and pursue all remedies requested by the Chief of Police pursuant to TMC Section 8.27.050.
(Ord. 2352 § 1 (part), 2011)
A. 
The person(s) incurring the penalty described in a Violation Notice and Order issued by the Chief of Police, pursuant to TMC Section 8.27.030(D), may obtain an appeal of the Notice by requesting such appeal within 10 calendar days after receiving or otherwise being served with the notice pursuant to TMC Section 8.27.030I. When the last day of the period so computed is a Saturday or Sunday, or a Federal or City holiday, the period shall run until 4:30 PM the next business day. The request shall be in writing and include the applicable appeal fee. Upon receipt of the appeal request, the Chief of Police shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the Violation Notice and Order under the procedures described in TMC Section 8.27.030I, or as may be otherwise requested by the appealing party.
B. 
The appeal fee for a Violation Notice and Order in an LDR zone shall be $100.00, and in all other zones shall be $200.00.
C. 
At or after the appeal hearing, the Hearing Examiner may:
1. 
Sustain the Violation Notice and Order;
2. 
Withdraw the Violation Notice and Order;
3. 
Continue the review to a date certain for receipt of additional information; or
4. 
Modify the Violation Notice and Order, which may include an extension of the compliance date.
D. 
The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the Violation Notice and Order under the same procedures described in TMC Section 8.27.030I or as otherwise directed by the appealing party.
E. 
The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, as provided in RCW 36.70C, within 21 days of the issuance of the Hearing Examiner’s decision. The cost for transcription of all records ordered certified by the Superior Court for such review shall be borne by the appellant.
(Ord. 2352 § 1 (part), 2011)
A. 
Violations of the Tukwila Municipal Code.
1. 
Civil Infraction.
Any person in charge who violates or fails to comply with the provision of this chapter may be issued a civil infraction pursuant to TMC Section 8.27.030I. Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation.
2. 
Violation Notice and Order.
a. 
Any person in charge who violates or fails to comply with the provision of this chapter may, in the alternative, be issued a Violation Notice and Order that shall carry with it a cumulative monetary penalty of $500.00 per day from the date set for compliance until compliance with the Violation Notice and Order is achieved.
b. 
In addition to any penalty that may be imposed by the City, the persons in charge shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.
c. 
The penalty imposed by this section under a Violation Notice and Order may be collected by civil action brought in the name of the City. The Chief of Police may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Chief of Police, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property.
d. 
The Chief of Police shall have the discretion to impose penalties in an amount lower than those set forth above.
3. 
An owner who fails to comply with TMC Section 8.27.040 is subject to a civil penalty of up to $25,000.
B. 
Additional Relief.
The Chief of Police may seek legal or equitable relief to enjoin any acts or practices and abate any condition that constitutes or will constitute a violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.27 are cumulative and shall be in addition to any other remedy provided by law.
C. 
Continued Duty to Correct.
Payment of a monetary penalty pursuant to TMC Chapter 8.27 does not relieve the person to whom the infraction or Violation Notice and Order was issued of the duty to correct the violation.
(Ord. 2352 § 1 (part), 2011)
A. 
Abatement.
The City may abate nuisance or code violations when:
1. 
The terms of the Voluntary Correction and Limited Right of Entry Agreement have not been met; or
2. 
A Violation Notice and Order has been issued and the required correction has not been completed by the date specified in the Violation Notice and Order; or
3. 
A written decision issued by the City’s Hearing Examiner has not been complied with by the date specified in the written decision; or
4. 
An action has been initiated in a court of competent jurisdiction pursuant to TMC Section 8.27.100, and the court has found that the property is a chronic nuisance property and issued an Order of Abatement for the property accordingly; or
5. 
The nuisances or code violations are subject to summary abatement as provided for in TMC Section 8.27.090(B).
B. 
Summary Abatement.
Whenever any nuisance or code violation causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person(s) in charge as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of the same is provided to the person(s) in charge.
C. 
Authorized Action by the City.
Using any lawful means, the City may enter upon the subject property and may remove or correct the condition that is subject to abatement. Prior to or during such abatement, the City may seek such judicial process as it deems necessary to effect the removal or correction of such condition, including but not limited to obtaining an injunction or warrant of abatement.
D. 
Interference.
Any person who knowingly obstructs, impedes, or interferes with the City or its agents, or with the person responsible for the violation, in the performance of duties imposed by TMC Chapter 8.27, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.00.
E. 
Recovery of Costs and Expenses.
All costs incurred by the City during abatement of nuisance or code violations shall be billed to the person(s) in charge. Such costs may include, but are not limited to, the following legal and abatement expenses:
1. 
“Legal expenses,” for purposes of TMC Chapter 8.27, shall include but are not limited to the following:
a. 
Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the City Attorney’s office or its designee to abate nuisances and code violations.
b. 
Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations.
c. 
All costs associated with retention and use of expert witness or consultants during the course of abatement.
2. 
“Abatement expenses,” for purposes of TMC Chapter 8.27, shall include but are not limited to the following:
a. 
Costs incurred by the City for preparation of notices, contracts, and related documents necessary to abate nuisance or code violations.
b. 
All costs associated with inspection of the property and monitoring of said property consistent with orders of compliance issued by the City’s Hearing Examiner or a court of competent jurisdiction.
c. 
All costs incurred by the City for hauling, storage, disposal or removal of vegetation, trash, debris, dangerous structures or structures unfit for human habitation pursuant to the International Building Code and/or International Property Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions to the public right-of-way, and setback obstructions.
d. 
All costs incurred by law enforcement or related enforcement agencies necessary to assist the City during abatement of nuisance or code violations.
e. 
All relocation/assistance costs pursuant to TMC Chapter 8.46.
F. 
Interest.
All costs incurred by the City during abatement of nuisance and code violations may include interest in amount as prescribed by law. Interest shall start to accrue on the 30th day from mailing of the invoice pursuant to TMC Section 8.27.090.E.2.e.
G. 
Lien – Authorized.
The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under TMC Chapter 8.27, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed.
(Ord. 2352 § 1 (part), 2011)
Upon referral by the Chief of Police, the City Attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, to seek alternative remedies under City or state laws and seek any other relief authorized by law.
(Ord. 2352 § 1 (part), 2011)
A. 
In an action against the person(s) in charge to abate a chronic nuisance property or to recover penalties authorized by this chapter, the City shall have the burden of proof to show by a preponderance of the evidence that the property is a chronic nuisance property pursuant to this chapter.
B. 
In an action against an owner to recover penalties authorized by TMC Section 8.27.070, the City shall have the additional burden to prove by a preponderance of the evidence that the owner failed to comply with TMC Section 8.27.040. Copies of police incident reports and reports of other City departments documenting nuisance activities shall be admissible in such actions. Additionally, evidence of a property’s general reputation and the reputation of persons residing in or frequenting the property shall be admissible in such actions.
(Ord. 2352 § 1 (part), 2011)
In addition to the remedies authorized by TMC Section 8.27.090, the court or Hearing Examiner may impose any or all of the following penalties on a person in charge of a chronic nuisance property:
1. 
Order the person in charge to immediately abate nuisance activity from occurring on the property.
2. 
Order that the Chief of Police shall have the right to inspect the property to determine if the court’s orders have been complied with.
3. 
Impose a penalty of up to $500 per day against the person in charge for each day from the date the notice pursuant to TMC Section 8.27.030(D) was issued until the Chief of Police confirms the property is no longer a chronic nuisance property.
4. 
Make any other order that will reasonably abate nuisance activities from occurring on the property, including issuing an injunction to prevent the continued use of the property in a manner that encourages chronic nuisance activity or authorizing the City to take action to abate nuisance activities on the property and providing that the costs of such City action are to be paid for by the person in charge of the property.
5. 
If the person in charge is an owner and the court finds that this owner failed to take all reasonable steps requested in writing pursuant to TMC Section 8.27.050, the court may impose a civil penalty up to $25,000.
6. 
If, as part of its order abating a chronic nuisance property, the court orders the person in charge to cease renting or leasing a property, the court may order the person in charge to pay relocation in the amounts authorized by TMC Chapter 8.46 to any tenant who (1) must relocate because of the order of abatement, and (2) the court finds not to have caused or participated in nuisance activities at the property. For purposes of this section (8.27.120), the term “tenant” shall have the meaning as set forth in RCW 59.18.030(19).
(Ord. 2352 § 1 (part), 2011)
In addition to any other remedy authorized by this chapter or other laws, the business license of any person in charge shall be revoked and a new license not issued for one year, pursuant to Title 5 of the Tukwila Municipal Code, upon:
1. 
A finding by the court that a property is a chronic nuisance property pursuant to this chapter;
2. 
Issuance of a Violation Notice and Order for a chronic nuisance property that is not timely remedied or appealed; or
3. 
A finding by the Hearing Examiner that a property is a chronic nuisance property.
(Ord. 2352 § 1 (part), 2011)