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Title 1
GENERAL PROVISIONSChapters:
1.01 Code Adoption
1.10 Initiative and Referendum Procedure
1.15 Code Enforcement
1.20 Hearing Examiner System
1.25 Repealed
1.30 Interlocal Agreements
Chapter 1.01
CODE ADOPTIONSections:
1.01.010 Code adopted.
1.01.015 Codes adopted by reference.
1.01.020 Title, citation and reference.
1.01.030 Reference applies to amendments.
1.01.040 Codification authority.
1.01.050 Definitions.
1.01.060 Headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Adoption of code not to affect ordinances relating to “reserved” subject matter.
1.01.095 Duty of enforcement.
1.01.100 Severability.
1.01.010 Code adopted.
The SeaTac Municipal Code, as compiled with the ordinances of the City, and edited and published by Code Publishing Company, of Seattle, Washington, is adopted as the official code of the City. (Ord. 91-1034 § 1)
1.01.015 Codes adopted by reference.
All sections, provisions and portions of State, County, regional and Federal codes and regulations adopted by reference and incorporated into the SeaTac Municipal Code shall be kept on file in the Office of the City Clerk, and shall be available for inspection by the public at reasonable times and under reasonable circumstances. All such copies shall be cataloged and entered in an indexed book kept for such purpose, with such entries authenticated by the City Clerk. (Ord. 94-1022 § 1)
1.01.020 Title, citation and reference.
This code shall be known as the “SeaTac Municipal Code”, and it shall be sufficient to refer to said code as the “SeaTac Municipal Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. A copy of the Code shall be received without further proof as the ordinances of permanent and general effect of the City in all courts and administrative tribunals of the State of Washington. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the “SeaTac Municipal Code”. Further reference may be had to the titles, chapters, sections and subsections of the “SeaTac Municipal Code”, and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that code. (Ord. 91-1034 § 2)
1.01.030 Reference applies to amendments.
Whenever a reference is made to this code as the “SeaTac Municipal Code” or to any portion thereof, or to any ordinances of the City, that reference shall apply to all amendments, corrections and additions heretofore, now, or hereafter made. Any ordinances amending the codification shall set forth in full the section or sections, or subsection or subsections, of the codification being amended, as the case may be, and this shall constitute a sufficient compliance with any statutory requirement that no ordinance or section thereof shall be revised or amended unless the new ordinance sets forth the revised or amended ordinance or section in full. (Ord. 91-1034 § 3)
1.01.040 Codification authority.
This code consists of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35A.21.130. Code Publishing Company, or any successor appointed by the City as its Code Revisor, shall have the following specific authority as to editing, rearranging, and/or grouping of ordinances:
A. Editing ordinances to the extent deemed necessary or desirable for the purpose of modernizing and clarifying the language of such ordinances, but without changing the meaning of any such ordinance;
B. Substituting for the term “this ordinance”, where necessary, the term “section”, “part”, “code”, “chapter”, “title”, or reference to specific section or chapter numbers, as the case may require;
C. Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions;
D. Dividing long sections into two or more sections and rearranging the order of sections to ensure a logical arrangement of subject matter;
E. Changing the wording of section captions, if any, and providing captions to new chapters and sections;
F. Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent. (Ord. 91-1034 § 4)
1.01.050 Definitions.
Unless the context otherwise requires, the following words and phrases where used in the ordinances of the City shall have the meaning and construction given in this section:
A. “Code” means the SeaTac Municipal Code.
B. “City” means the City of SeaTac.
C. “City Council” means the City Council of the City of SeaTac.
D. “County” means the County of King.
E. “Person” means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or the manager, lessee, agent, servant, officer or employee of any of them.
F. “State” means the State of Washington.
G. “Oath” includes affirmation.
H. “Gender”. The masculine gender includes the feminine and neuter.
I. “Number”. The singular number includes the plural, and the plural includes the singular.
J. “Tenses.” The present tense includes the past and future tenses, and the future tense includes the present tense.
K. “Shall” is mandatory, “may” is permissive.
L. “Title of office”. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the City of SeaTac.
M. “Owner” when pertaining to a building or land includes any part owner, joint owner, tenant in common, or joint tenant of the whole or part of such building or land.
N. “Street” includes all streets, highways, public roads, County roads, avenues, lanes, alleys, courts, places, squares, curbs, sidewalks, parkways, or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this State.
O. “Tenant” or “occupant” when pertaining to a building or land includes any person who occupies the whole or part of such building or land, whether alone or with others.
P. “Goods” includes wares and merchandise.
Q. “Operate” or “engage in” includes carry on, keep, conduct, maintain, or cause to be kept or maintained.
R. “Across” includes along, in or upon.
S. “Sale” includes any sale, exchange, barter or offer for sale.
T. “Ex-officio” means by virtue of office. (Ord. 91-1034 § 5)
1.01.060 Headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter, or section hereof. (Ord. 91-1034 § 6)
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect deposits or other matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within this code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 91-1034 § 7)
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or any part of any ordinance of the City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 91-1034 § 8)
1.01.090 Adoption of code not to affect ordinances relating to “reserved” subject matter.
The adoption of this code shall not be construed to repeal, supersede or modify any existing ordinances of a penal or regulatory nature relating to subject matter for which titles and chapters of this code have been assigned and designated herein as “reserved”. (Ord. 91-1034 § 9)
1.01.095 Duty of enforcement.
It is the intent of the City Council that any duty of enforcement of the City code, or any part thereof, be owed to the public at large, and not to any individual members of the public. The City Council, further, intends to make no assurances or promises of protection thereby or enforcement thereof to any individual, and that no special relationship regarding enforcement of the code shall exist with any individual which would set such individual apart from the general public. (Ord. 92-1035 § 1)
1.01.100 Severability.
If any section, subsection, sentence, clause, phrase, part or portion of this code is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this code. The City Council declares that it would have adopted this code and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 91-1034 § 10)
Chapter 1.10
INITIATIVE AND REFERENDUM PROCEDURESections:
I. Tax Referendum
1.10.010 Application of referendum.
1.10.020 Procedure.
1.10.030 Exclusive procedure.
II. Initiative and Referendum
1.10.040 Grant of powers.
1.10.050 Effective date of ordinances.
1.10.060 Initiative and referendum petitions – Content and form.
1.10.070 Form of petition – Requirements.
1.10.080 Form of petition – Proposed ordinance.
1.10.090 Form of petition – Repeal of ordinance.
1.10.100 Initiative and referendum petitions – Filing of sample with City Clerk.
1.10.110 Required signatures.
1.10.120 Filing of signed petitions.
1.10.130 Addition and withdrawal of signatures until terminal date.
1.10.140 Determination of sufficiency.
1.10.150 Alteration of petitions declared unlawful.
1.10.160 Definitions pertaining to alteration of petitions.
1.10.170 Petition review board created.
1.10.180 Action upon indication of permanent alteration.
1.10.190 Action upon indication of temporary alteration.
1.10.200 Fact finding hearing.
1.10.210 Appeal to the superior court.
1.10.220 Certificate of sufficiency – Action by City Council.
I. Tax Referendum
1.10.010 Application of referendum.
Every ordinance which:
A. First imposes upon any business activity a municipal business and occupation tax; or
B. First imposes an additional sales and use tax under authority of RCW 82.14.030(2), or which alters the rate of any such tax; or
C. First imposes the additional local real estate excise tax under authority of RCW 82.46.010(2);
shall be subject to the referendum procedures set forth in Sections 1.10.020 and 1.10.030. (Ord. 89-1005 § 1)
1.10.020 Procedure.
A. A referendum petition seeking to repeal any City ordinance made subject to these referendum procedures by Section 1.10.010 shall be filed with the City Clerk within seven (7) days of the passage or publication, whichever is later, of the ordinance sought to be repealed.
B. Within ten days, the City Clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure.
C. The ballot title shall be posed as a question, so that an affirmation answer to the question and an affirmation vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
D. After notification of the identification number and ballot title, the petitioner shall have thirty (30) days in which to secure on petition forms the signatures of not less than fifteen percent of the registered voters of the City and to file the signed petitions with the City Clerk.
E. Each petition form shall contain the ballot title and the full text of the measure to be referred. The City Clerk shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the City Clerk shall cause the referendum measure to be submitted to the City voters at a general or special election held on one of the dates provided in RCW 29.13.010, as determined by the City Council, which election shall not take place later than one hundred twenty (120) days after the signed petition has been filed with the City Clerk. (Ord. 89-1005 § 2)
1.10.030 Exclusive procedure.
The referendum procedures herein adopted shall be exclusive in all instances for any City ordinance first imposing, or increasing the specific taxes designated as subject to referendum as provided in Section 1.10.010 and no other taxes or rates imposed by the City shall be subject to the said referendum procedures. The referendum procedure provided in Chapter 35A.11, RCW is hereby superseded. (Ord. 89-1005 § 3)
II. Initiative and Referendum
1.10.040 Grant of powers.
The voters of the City are hereby granted the powers of initiative and referendum, subject to the limitations of State law, the general law, and this chapter. (Ord. 90-1042 § 1)
1.10.050 Effective date of ordinances.
Ordinances subject to referendum shall not go into effect before thirty (30) days from the time of final passage and shall be subject to referendum during the said interim, except ordinances by general or common law not subject to referendum and except:
A. Ordinances initiated by petition;
B. Ordinances necessary for immediate preservation of public peace, health, and safety or for the support of City government and its existing public institutions which contain a statement of urgency and are passed by unanimous vote of the Council;
C. Ordinances providing for local improvement districts;
D. Ordinance appropriating money;
E. Ordinances providing for or approving collective bargaining;
F. Ordinances providing for the compensation of or working conditions of City employees;
G. Ordinances authorizing or repealing the levy of taxes; which excepted tax ordinances shall go into effect as provided by the general law or by applicable selections of Title 35A RCW as now or hereafter amended. (Ord. 90-1042 § 2)
1.10.060 Initiative and referendum petitions – Content and form.
Every initiative and referendum petition shall contain the following essential elements:
A. A warning which shall read:
WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
B. A clear and concise statement of the action sought by the petitioners;
C. The title of the ordinance being initiated, or the ordinance sought to be referred;
D. A true and correct copy of the ordinance being initiated, or the ordinance sought to be referred, which ordinance may be printed upon the face of the petition or may be firmly affixed to the petition;
E. Numbered lines, not to exceed twenty (20) per sheet, with sufficient space for a signature, printed name, date of signing, and residence address of the signer, on each such line; and
F. A statement that each signer is a registered voter resident in the City. (Ord. 90-1042 § 3(a)
1.10.070 Form of petition – Requirements.
Every initiative and referendum petition shall consist of a single page or group of single pages containing identical text and identical attachments, if any, in compliance with the requirements of content set forth in subsection A of this section, and shall further comply with the following requirements of form:
A. Petitions shall be printed or typed on single sheets of white paper of good quality measuring not less than eight and one-half inches in width and eleven inches in length;
B. Each sheet shall have a margin of not less than one and three-quarters inches at the top for binding;
C. Printing or typewriting shall be clear, legible and reproducible and shall be of at least 8-point type or, if typewritten, be of pica, or equivalent size with not more than 10 characters per inch, and shall be black in color;
D. Petitions shall be devoid of any statements for or against the proposition, and any quotations, pictures, logos, symbols or other language intended to, or which might tend to, constitute an endorsement or argument, or which might tend to deceive or to misrepresent any fact; and
E. The reverse side of each petition sheet shall be blank. (Ord. 90-1042 § 3(b)
1.10.080 Form of petition – Proposed ordinance.
Every initiative petition initiating a proposed ordinance for submission to the City Council and, in lieu of enactment by the Council, to the voters of the City, shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
INITIATIVE PETITION FOR SUBMISSION TO THE SEATAC CITY COUNCIL
TO: The City Council of the City of SeaTac:
We, the undersigned registered voters of the City of SeaTac, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that the following ordinance be enacted by the City Council or, if not so enacted, be submitted to a vote of the residents of the City. The title of the said ordinance is as follows:
[Here insert the title, ensuring that the proposed ordinance does not contain more than one subject and that the subject is clearly expressed in the title, and then insert one of the two sentences shown below].
[The full text of the ordinance is as follows:] or [A full, true and correct copy of the ordinance is attached to this Petition.]
Each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of SeaTac, State of Washington; and my residence address is correctly stated.
Signature Printed Name Street and Number City Date
1.___________________________________
20.__________________________________
(Ord. 90-1042 § 3(c)
1.10.090 Form of petition – Repeal of ordinance.
Every referendum petition seeking to refer an enacted ordinance to the City Council for repeal and, in lieu of repeal by the Council, to the voters of the City for approval or rejection, shall be substantially in the following form:
WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more
than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
PETITION FOR REFERENDUM
TO: The City Council of the City of SeaTac:
We, the undersigned registered voters of the City of SeaTac, State of Washington, residing at the addresses set forth opposite our respective names, being equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election, respectfully request that Ordinance No. _______________ enacted by the City Council on the ____ day of ________, 19_____, be repealed by the Council or, if not so repealed, be referred to a vote of the residents of the City for their approval or rejection. The title of the said ordinance is as follows:
[Here insert the title of the Ordinance as enacted, and then insert one of the two sentences shown below]
[The full text of the ordinance, as enacted by the City Council, is as follows:] or [A full, true and correct copy of the ordinance as enacted by the City Council is attached to this Petition.]
Each of us for himself or herself says:
I have personally signed this petition; I am a registered voter of the City of SeaTac, State of Washington; and my residence address is correctly stated.
Signature Printed Name Street and Number City Date
1.__________________________________________
20._________________________________________
(Ord. 90-1042 § 3(d)
1.10.100 Initiative and referendum petitions – Filing of sample with City Clerk.
A. No initiative or referendum petition shall be distributed to the public for solicitation of signatures until a sample petition has been submitted to the City Clerk, for the purpose of ensuring that permanent or temporary alterations do not occur during the solicitation process. The sample petition shall be either one of the printed petitions or a galley proof or other accurate specimen of the petition. The City Clerk shall retain the sample petition for comparison with the signed petitions later filed for determination of sufficiency.
B. The individual or individuals, or entity, sponsoring the petition shall also provide to the City Clerk the name and mailing address of the sponsor.
C. If requested by the sponsor, the City Clerk may, with advice of the City Attorney, review, require changes, and/or approve the content and format of the petition and, if an initiative petition, the title and text of the proposed ordinance.
D. If such approval is granted, signed petitions shall, upon filing, be subject only to review for sufficiency of signatures and to ensure that alterations have not been made. (Ord. 90-1042 § 4)
1.10.110 Required signatures.
Petitions for initiative or referendum must be signed, in ink or indelible pencil, by the number of registered voters of the City equal to at least fifteen percent (15%) of the total number of names of persons listed as registered voters within the City on the day of the last preceding City general election. (Ord. 90-1042 § 5)
1.10.120 Filing of signed petitions.
All signed initiative and referendum petitions must be filed with the City Clerk. A signed initiative petition may be filed at any time. A signed referendum petition must be filed prior to the effective date of the ordinance. Upon timely filing of a referendum petition with the City Clerk, the ordinance
sought to be referred to the voters shall be suspended from taking effect until there is a final determination of insufficiency or untimeliness of the referendum petition, or the ordinance so referred is approved by the voters at a referendum election. (Ord. 90-1042 § 6)
1.10.130 Addition and withdrawal of signatures until terminal date.
Within three (3) working days after the filing of a signed petition, the City Clerk shall commence the proceeding to determine sufficiency of the petition, and shall file a certificate stating the date upon which such determination was commenced, which date shall be referred to as the terminal date. A copy of the said certificate shall be personally served upon, or mailed to, the sponsor of the petition. Additional pages of signatures may be added to the petition by filing the same with the City Clerk prior to the terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the City Clerk prior to the terminal date. Such written request shall so sufficiently described the petition as to make identification of the person, and the petition, certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn. (Ord. 90-1042 § 7)
1.10.140 Determination of sufficiency.
Commencing on the terminal date, and proceeding with reasonable promptness, the City Clerk shall ensure that the petition complies with the requirements of form and content specified in this part, unless approval of the City Clerk shall have been previously granted, and that the filed petition is identical to the sample petition filed with the City Clerk pursuant to Section 1.10.100. If the petition initiates an ordinance, and if approval of the City Clerk was not previously granted, the City Clerk, with advice of the City Attorney, shall determine the legality and sufficiency of the title and text of the proposed ordinance. The City Clerk shall then refer the petition to the Superintendent of Elections of the King County Records and Elections Division, as ex officio supervisor of City elections, pursuant to RCW 35A.29.040, whereupon the sufficiency of signatures shall be determined by the Superintendent and City Clerk in accordance with general law and with the following criteria:
A. Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved;
B. A variation on petitions between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same;
C. Signatures, including the original, of any person who has signed a petition two or more times shall be stricken;
D. Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken;
E. All signatures on any petition which has been temporarily or permanently altered shall be invalid and shall not be counted;
F. If signatures are found to be insufficient, the City Clerk shall so notify the sponsor by certificate of insufficiency and the sponsor shall have ten (10) days from the date of the certificate in which to amend the petition by filing additional signed petitions;
G. The Superintendent of Elections and the City Clerk shall determine the sufficiency of such additional signatures and, if found insufficient, the City Clerk shall issue a second certificate of insufficiency and the petition shall be returned to the sponsor without further action; and
H. If the signatures be found sufficient, the City Clerk shall file a certificate of sufficiency and shall provide a copy thereof to the sponsor. (Ord. 90-1042 § 8)
1.10.150 Alteration of petitions declared unlawful.
Vigorous political debate concerning the merits of initiatives and referendums is appropriate and to be encouraged. However, initiative and referendum petitions themselves should be documents which inform voters of the issues before them and which record the signatures of voters who wish to support the initiative or referendum. It is necessary to ensure that the language and form of initiative and referendum petitions not be subjected to unapproved alteration by persons desiring to use the petitions as instruments of political debate or to induce voters to sign petitions based upon inaccurate or misleading characterizations of the petitions. Therefore, the following sanctions are declared necessary to discourage alteration of petitions and to uphold the integrity of the initiative and referendum process:
A. The permanent or temporary alteration of any initiative or referendum petition is hereby declared unlawful; and
B. Any person who shall intentionally and maliciously alter an initiative or referendum petition, or distribute an altered initiative or referendum petition, shall be guilty of violation of a City ordinance equivalent to a misdemeanor and, upon conviction, shall be subject to a term of imprisonment in jail not to exceed one (1) year or a fine in an amount not to exceed the sum of one thousand dollars ($1,000.00), or both. The act of intentionally altering a petition shall be a separate crime for each page, sheet or copy of any petition so altered. (Ord. 90-1042 § 9)
1.10.160 Definitions pertaining to alteration of petitions.
For purposes of this chapter, the following definitions are adopted in regard to the alteration of initiative and referendum petitions:
A. “Alter” means to cause alteration.
B. “Alteration” is any change to an initiative or referendum petition which occurs between the time the sample form is filed with the City Clerk and the time when the signed petitions are returned to the City Clerk including, but not limited to, the addition of any unapproved language, either printed or handwritten, the crossing-out, covering or obscuring of approved language, the underlining or highlighting of any words or part of the petition, or the physical attachment to the petition by any means (e. g., stapling, taping, gluing or clipping) of any unapproved document, with the exception of:
1. The signatures and other information required of the petition signers;
2. Normal wear and tear, so long as such wear and tear does not make illegible any significant portion of the approved language of the petition.
C. “Permanent alteration” is such alteration as is observable at the time the signed petitions are filed with the City Clerk.
D. “Temporary alternation” is such alteration which occurs at any time during the solicitation of signatures for the petition but which is no longer observable when the signed petitions are filed with the City Clerk. (Ord. 90-1042 § 10)
1.10.170 Petition Review Board created.
There is hereby created a Petition Review Board which shall consist of the Mayor, City Manager, and Police Chief. The Board is authorized to include the King County Superintendent of Elections as a member of the Board, with or without voting rights. The Board shall consider and act upon any evidence or reports of temporary or permanent alteration of petitions, or any other matters relating to initiative and referendum petitions which the Board may determine to warrant investigation, report to the City Council, or legal action. (Ord. 90-1042 § 11)
1.10.180 Action upon indication of permanent alteration.
When signed petitions are filed, the City Clerk shall examine the same to determine whether any permanent alteration shall have occurred. Any apparently altered petitions shall be retained by the City Clerk and shall not be transmitted to the King County Superintendent of Elections, although the Superinten
dent shall be notified of the withholding of apparently altered petitions. The City Clerk shall immediately report the apparent permanent alteration to the Petition Review Board for consideration and action. The City Clerk shall notify the petition sponsor or sponsors of the apparent permanent alteration and shall make the altered petitions available for inspection. If the Petition Review Board finds that permanent alteration did occur, notice of that finding shall be forwarded to the King County Superintendent of Elections and to the petition sponsor or sponsors. (Ord. 90-1042 § 12)
1.10.190 Action upon indication of temporary alteration.
At any time before the City Clerk issues a certificate of sufficiency, an initiative petition is acted upon by the City Council by enactment of the proposed ordinance, a referendum petition is acted upon by the City Council by repeal of the challenged ordinance, or an initiative or referendum petition is referred to the voters, whichever is later, any City official or employee, and any registered voter of the City, may allege that a petition or petitions were temporarily altered during the period of solicitation of signatures. Any such allegation shall be made by filing with the City Clerk an affidavit stating the factual basis for the allegation. The City Clerk shall transmit the affidavit to the Petition Review Board, and, if the petition has been transmitted to the King County Superintendent of Elections for determination of sufficiency of signatures, a copy of the affidavit shall be forwarded to the said Superintendent. If the number of signatures determined to be valid, without regard to whether the petition was or was not altered, is insufficient to satisfy the fifteen percent (15%) requirement of initiative or referendum petitions, then the City Clerk shall file a certificate of insufficiency and shall provide a copy thereof to the petition’s sponsor or sponsors. The Petition Review Board shall, in that case, consider whether a fact finding hearing should be held for the purpose of preferring criminal charges. If the number of signatures on the questioned petition is determined to be sufficient, if obtained on unaltered petitions, then the Petition Review Board shall convene a fact finding hearing and make final determination. (Ord. 90-1042 § 13)
1.10.200 Fact finding hearing.
The members of the Petition Review Board shall convene a fact finding hearing in event of any temporary alteration where petition signatures would otherwise be sufficient, and in event of any permanent alteration which the Board may deem appropriate for investigation. The fact finding hearing shall be conducted in accordance with the following:
A. Parties to the hearing shall be the petition challenger or challengers and the petition sponsor or sponsors. The challenger shall have the burden of proving the fact, nature and extent of any alteration by a preponderance of the evidence;
B. The City Attorney shall conduct the hearing on behalf of the Petition Review Board;
C. The Board shall determine whether alteration took place as alleged and, if so, shall determine whether the number of signatures invalidated by alteration reduces the number of signatures below the requisite fifteen percent (15%) minimum;
D. The members of the Petition Review Board must agree unanimously in order to invalidate signatures on temporarily or permanently altered petitions;
E. The hearing shall be electronically recorded;
F. The Petition Review Board shall make its findings and decision and shall transmit the same to the City Clerk, who shall then file a final certificate of sufficiency or insufficiency, and shall provide a copy thereof to the petition challenger or challengers, if any, and to the petition sponsor or sponsors. (Ord. 90-1042 § 14)
1.10.210 Appeal to the Superior Court.
A certificate of insufficiency may be appealed by the sponsor or sponsors of any petition, or by any signer, and any final certificate of sufficiency or insufficiency, following review by the Petition Review Board, may be appealed by any aggrieved party to the King County Superior Court. Such appeal shall be by writ filed with the Superior Court within ten (10) calendar days following the filing of the certificate of insufficiency, or of the final certificate of sufficiency or insufficiency, and a copy thereof shall be served upon the City Clerk within three (3) days following such filing in the Superior Court. (Ord. 90-1042 § 15)
1.10.220 Certificate of sufficiency – Action by City Council.
Within twenty (20) days following the filing by the City Clerk of a certificate of sufficiency as to any initiative or referendum petition, the request by the petitioners shall be placed upon the agenda of the City Council for consideration. The City Council may refer the matter to committee or may otherwise defer the matter for further investigation and study, providing that any such continuance or deferral shall not result in inability to place the initiative or referendum upon the ballot at the next City municipal election. The City Council may enact any ordinance, without alteration, proposed by initiative petition and may repeal any previously enacted ordinance pursuant to request of a referendum petition. If the City Council determines not to take such action in response to a petition, an appropriate ballot title shall be drawn, notice and publication shall be given, and the initiative or referendum measure shall be placed upon the ballot to be voted at the next following general or special City election, pursuant to law. (Ord. 90-1042 § 16)
Chapter 1.15
CODE ENFORCEMENTSections:
1.15.010 Repealed.
1.15.015 Purpose.
1.15.020 Definitions.
1.15.025 Violations.
1.15.030 Applicability and procedures.
1.15.040 Repealed.
1.15.045 First contact.
1.15.050 Alternative legal remedies.
1.15.055 Criminal violations.
1.15.060 Correction agreement.
1.15.065 Notice of infraction.
1.15.070 Repealed.
1.15.075 Hearing before the Municipal Court Judge.
1.15.080 –
1.15.110 Repealed.
1.15.120 Notice and order – Procedures.
1.15.130 Notice and order – Supplemental.
1.15.140 Notice and order – Service.
1.15.150 Repealed.
1.15.160 Appeals.
1.15.170 Repealed.
1.15.175 Abatement by the City.
1.15.180 Repealed.
1.15.185 Entry to buildings and premises – Warrants.
1.15.190 Personal obligation authorized.
1.15.200 Lien authorized.
1.15.210 –
1.15.240 Repealed.
1.15.250 Suspension of permits.
1.15.260 Revocation of permits.
1.15.010 Authority of the City Manager.
Repealed by Ord. 01-1006. (Ord. 95-1012 § 1: Ord. 90-1075 § 1: Ord. 90-1048 § 1)
1.15.015 Purpose.
The purpose of this chapter is to establish a fair and efficient system to enforce City codes, to provide an opportunity for a prompt hearing and decision on alleged violations of these codes, and to establish monetary penalties for violations and to establish a process for appeal. (Ord. 01-1006 § 1)
1.15.020 Definitions.
For the purposes of this chapter, the following words and phrases shall be defined as indicated below:
A. “Code Enforcement Officer” means the City employee(s) designated by the City Manager or the Director of Public Works to enforce the civil provisions of the SeaTac Municipal Code (SMC).
B. “Person responsible for the violation” means any person who commits any act or omission which is a violation or causes or permits a violation of the City code 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.
C. “Repeat violations” means a violation of the same City code in any location by the same person for which code enforcement has been undertaken within two (2) years prior.
D. “Residential” means any use or activity related to a single-family dwelling.
E. “Violation” means an act or omission contrary to City code including an act or omission at the same or different location by the same person and including a condition resulting from such act or omission. (Ord. 01-1006 § 1: Ord. 95-1012 § 1: Ord. 90-1075 § 2: Ord. 90-1048 § 2)
1.15.025 Violations.
A. Violations of the following titles and chapters of the SeaTac Municipal Code shall be remedied in accordance with SMC 1.15.045 through 1.15.075 by way of correction agreement and/or notice of infraction: Chapter 5.05 SMC, regarding business licenses and regulations; Chapter 5.10 SMC, relating to solicitors and canvassers; Chapter 7.10 SMC, regarding litter control; Chapter 7.15 SMC, regarding property maintenance; and Chapter 7.25 SMC, regarding junk vehicles and vehicle storage.
B. Zoning Code violations, unless provided otherwise, and violations of Chapter 11.05 SMC, relating to road standards; Chapter 11.10 SMC, relating to right-of-way use; Chapter 12.10 SMC, relating to storm water management; and SMC Title 13, relating to buildings and construction, shall be remedied in accordance with SMC 1.15.120 through 1.15.160, the notice and order procedures. However, the Code Enforcement Officer has discretion to issue a notice of infraction pursuant to SMC 1.15.065 for repeat violations.
C. Monetary Penalties. The monetary penalty for each violation per day or portion thereof shall be as follows:
1. For nonresidential violations:
a. First day of each violation, one hundred dollars ($100.00);
b. Second day of each violation, two hundred dollars ($200.00);
c. Third day of each violation, three hundred dollars ($300.00);
d. Fourth day of each violation, four hundred dollars ($400.00);
e. Each additional day of violation beyond four days, five hundred dollars ($500.00) per day.
2. For residential violations, the penalty is one hundred dollars ($100.00) per day of violation. (Ord. 01-1006 § 1)
1.15.030 Applicability and procedures.
This chapter may be applied for the purpose of enforcing the designated provisions of the City’s Municipal Code. Whenever the City Manager, or designee, determines that a violation has occurred or is occurring the procedures of this chapter shall be followed. (Ord. 01-1006 § 1: Ord. 90-1048 § 3)
1.15.040 Right of entry.
Repealed by Ord. 01-1006. (Ord. 90-1048 § 4)
1.15.045 First contact.
The Code Enforcement Officer shall attempt to secure correction of any violation(s) by contacting the person and/or property owner responsible for the violation, in person, in writing or by telephone, and, where possible, explaining the violation and requesting correction within a reasonable time consistent with established policies. (Ord. 01-1006 § 1)
1.15.050 Alternative legal remedies.
Notwithstanding the existence or use of any other remedy, the City Manager, or designee, may seek legal or equitable relief to enjoin any acts or practices, as an alternative or in addition to following the procedures of this chapter. (Ord. 01-1006 § 1: Ord. 90-1048 § 5)
1.15.055 Criminal violations.
The City Prosecuting Attorney shall have the discretion to file a violation of the provisions of this chapter as a criminal misdemeanor when a person willfully or knowingly violates, by way of repeat violations, City codes or regulations set forth by this chapter or by any act of commission or omission procures, aids, or abets such violation. Conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not to exceed ninety (90) days, or both, and each day during which such violation continues shall be considered an additional violation. (Ord. 01-1006 § 1: Ord. 90-1048 § 6. Formerly 1.15.060)
1.15.060 Correction agreement.
A correction agreement may be entered into between the Code Enforcement Officer and the person responsible for the violation under which the offender agrees to abate the violation within a specified time and according to specified conditions. The correction agreement shall include the following:
A. Content. The correction agreement shall include the following:
1. The name and address of the person responsible for the violations; and
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; and
3. A description of the violation and a reference to the code which has been violated; and
4. The necessary corrective action to be taken, and a date or time by which correction must be completed; and
5. An agreement by the person responsible for the violation that the City may inspect the premises as may be necessary to determine compliance with the correction agreement; and
6. An agreement by the person responsible for the violation that the City may abate the violation and recover its costs and expenses and/or monetary penally pursuant to this chapter from the person responsible for the violation if the terms of the correction agreement are not satisfied; and
7. Upon entering into a correction agreement, the person responsible for the violation waives the right to appeal the violation and/or corrective action; and
8. If the offender is not the owner of the property, the owner will be notified by the City of the agreement.
B. Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the Code Enforcement Officer if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions and the responsible person provides the request in writing clearly establishing the need for such an extension.
C. Abatement by the City. The City may abate the violation in accordance with SMC 1.15.175 if the terms of the correction agreement are not met.
D. Collection of Costs. If the terms of the correction agreement are not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with SMC 1.15.025, plus costs and expenses of abatement, as set forth in SMC 1.15.175. (Ord. 01-1006 § 1)
1.15.065 Notice of infraction.
A. Issuance.
1. When the Code Enforcement Officer determines that a violation of City regulations enumerated in SMC 1.15.025 has occurred or is occurring, and is unable to secure correction, pursuant to SMC 1.15.060, the Code Enforcement Officer is hereby empowered, and may issue a notice of civil infraction to the person responsible for the violation.
2. The Code Enforcement Officer may issue a notice of civil infraction without having attempted to secure correction as provided in SMC 1.15.060 under the following circumstances:
a. When an emergency exists; or
b. When a repeated violation occurs; or
c. When the violation creates a situation or condition which cannot be corrected; or