ORD 09-596
ORDINANCE NO. 09-596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO NUISANCES, ADDING SECTIONS,
AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9, 10,
13, 15, AND 22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and nuisances regulations can be simplified and
consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of nuisances;
WHEREAS, regulations addressing general nuisances would make enforcement and regulation more
consistent and effective;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new article, Article I, shall be added to Chapter 10 of the Federal Way City Code,
(FWRC Chapter 7.03 shall be added to FWRC Title 7) to be designated as General Public Nuisances and
to read as follows:
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".
10-1 rFWRC 7.03.0101 Purpose and Intent.
The purpose of this chapter rTitlel is to provide for the protection of the health, safety. and general
welfare of the citizens of the City of Federal Way by proscribing those nuisances which affect the rights
of the community. The presence of nuisances enumerated in this chapter requires an emphasis on
measures to correct those conditions which are iniurious to the public health. safety. and welfare. It is the
intent of the City Council to establish efficient administrative procedures to enforce the regulations of the
City. to provide a prompt process to address alleged violations. and to establish standards to be used by
the City to abate public nuisances. The intended result of abating a public nuisance is to protect public
health and property values by reducing noxious weeds, providing for safer pedestrian and automobile
traffic flow, reducing impacts to the environment by preventing the indiscriminate storage of inoperable
vehicles. and protecting the health, safety, and general welfare of the citizens. Unkempt. unsafe.
unsanitary and otherwise improperly maintained premises and structures. sidewalks and easements within
the City create obvious hazards. Also. these conditions adversely affect the value. utility and habitability
of property within the City as a whole and specifically cause substantial damage to adioining and nearby
property. The economic well-being of the City is materially and adversely affected by nuisances. This
chapter conveys to the City administration all necessary and proper powers to abate nuisances as they are
described or found to exist and to charge the costs of their abatement to those responsible, the owners and
occupants of the property upon which nuisances exists. and those properties themselves. This chapter is
an exercise of the City's police power, and it shall be liberally construed to effect this purpose.
10-2 rFWRC 7.03.0201 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly reqUIres
otherwise. Terms not defined here are defined according to FWCC 1-2.
Abandoned means any property. real or personal. which is unattended and either open or unsecured so
that admittance may be gained without damaging any portion of the property. or which evidences indicia
that no person is presently in possession. e.g.. disconnected utilities. accumulated debris. uncleanness.
disrepair and. in the case of chattels, location. Length of time or any particular state of mind of the owner
or person entitled to possession are not conclusive in determining that property is abandoned.
Attractive nuisance means the circumstance or condition which may reasonably be expected to attract
young children and which constitutes a danger to such children. Attractive nuisances include but are not
limited to unused or abandoned refrigerators. freezers. or other large appliances or equipment or any parts
thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or
abandoned excavation, pit. well. cistern, storage tank, or shaft; and any lumber. trash. debris. or
vegetation that may prove a hazard for minors.
Building, in addition to its ordinary meaning. includes any dwelling. fenced area. vehicle, railway car.
cargo container, or other structure used for the lodging of persons or for carrying on business therein. or
for the use. sale or deposit of goods. Each unit of a building consisting of two or more units separately
secured or occupied is a separate building.
Hearing Officer means the City Manager. or his or her designated representative.
Junk means old, used. or scrap metal, rope. rags. batteries, paper. rubber. tires. machinery or
appliances or parts of such machinery or appliances, wood. debris. trash, waste, household goods or
hardware, medications, medical supplies, or medical devices, or iunked, dismantled. wrecked or
inoperable motor vehicles or vehicular component parts.
Junk vehicle means any vehicle substantially meeting at least three of the following conditions:
(1) Is three years old or older;
(2) Is extensively damaged. such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in it.
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Junkyard means a property or place of business which is maintained. operated or used for storing.
keeping, buying, selling or salvaging iunk.
Litter shall include, but is not limited to. debris in the form of cans. bottles. glass. ashes. garbage.
wastepaper. packing material. scarp iron. wire metal articles, discarded furniture and appliances. iunk.
broken stone or cement, broken crockery. discarded building materials. inoperable bicycles. or bicycle
parts. rags. boxes. crates packing cases. mattresses. bedding, tree and vegetation trimmings, and all other
trash, including abandoned inflammable materials, which are a fire hazard or a menace to the public
health, safety, or welfare.
10-3 rFWRC 7.03.0301 Public Nuisance Defined
A public nuisance consists of doing an unlawful act. or omitting to perform a duty. or permitting an
action or condition to occur or exist which:
I. Unreasonably annoys, iniures, or endangers the comfort. health or safety of others; or
2. Is unreasonably offensive to the senses; or
3. Unlawfully interferes with. obstructs or tends to obstruct. or renders dangerous for passage any
stream, lake, bay, park, square, right-of-way. street. alley. or sidewalk. in the City; or
4. Unlawfully interferes with, damages. or pollutes designated habitat areas. publicly owned
restoration sites. streams, creeks. lakes, wetlands. or tributaries. and similar areas thereto; or
5. Results in illicit discharges into the municipal storm drainage system; or
6. In any way renders other persons insecure in life or the use of property; or
7. Obstructs the free use of property as to essentially interfere with the comfortable enioyment of life
and property; or
8. Results in unsecured attractive nuisances; or
9. Creates or permits the existence or continuance of any of the specific nuisances identified in this
chapter. violates a provision of this chapter. or is otherwise declared or deemed a nuisance by this Code.
10-4 rFWRC 7.03.0401 Specific Public Nuisances
The following specific acts. omissions. places. conditions. and things. including those that create.
maintain. use. cause, allows. or permits to exist or remain on any public or private property any of the
following specific acts. omissions, places. conditions. and things. are hereby declared to be public
nUIsances:
1. Excavations or naturally occurring holes, including. but not limited to, privies. vaults. cesspools.
sumps, pits. wells, or any other similar conditions. which are not secure and which constitute a concealed
danger or other attractive nuisance;
2. Making. causing, or permitting to be made discordant and unnecessary noise of any kind which
annoys any significant number of persons lawfully in the immediate area. whether by means of any
speaker or other sound-amplifying device. horn. or other mechanical device; or by outcry. loud speaking.
singing; or by any other means;
3. The discharge of sewage, human excrement. or other wastes in any location or manner, except
through systems approved for the conveyance of such. to approved public or private disposal systems and
which are constructed and maintained in accordance with the provisions this Code. other applicable law.
or in a manner iniurious to the public health;
4. Animal parts, manure. excreta. or wastes including bones, meats, hides. skins, or any part of any
dead animal. fish. or fowl. which are improperly handled. contained. or removed from a premise; placed
in any watercourse, lake, or street; or allowed to become putrid, offensive. and iniurious to the public
health;
5. The erection or use of any building. room. or other place in the City for exercise of any trade,
employment. or manufacture which, by emitting noxious exhausts. particulate matter. offensive odors, or
other related annoyances. is discomforting, offensive. or detrimental to the health of individuals or of the
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public;
6. Any poisonous material or thing on any property, placed so as to be dangerous to any person or
domesticated animal;
7. Storing of flammable iunk on any property. including but not limited to old rags, rope, cordage.
rubber. boxes, or paper, unless it is in a building of fireproof construction;
8. Burning or disposal of refuse, sawdust. or other material in such a manner as to cause or permit
ashes, sawdust. soot. or cinders to be cast upon the streets of the City. or to cause or permit the smoke,
ashes, soot. or gases arising from such burning to become annoying or to iniure or endanger the health.
comfort. or repose of persons;
9. To carry on the business of manufacturing gun powder. nitroglycerine, or other highly explosive
substance, mixing or grinding such materials. or to establish a powder magazine within a 1000 feet of any
building or without all necessary permits;
10. Filthy, littered. trash-covered, or overgrown premises or abutting street and alley rights-of-way for
which a property owner is responsible. including. but not limited to:
(a) Storing outside a completely enclosed building litter. iunk, or cut brush or wood including
dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in
lengths of four feet or less. or items that threaten public health. safety or welfare;
(b) All unused, abandoned or discarded refrigerators. ice boxes or like containers which are left in
any place exposed or accessible to children. whether such is outside any building or dwelling or within
any unoccupied or abandoned building. dwelling or other structure;
(c) All places used or maintained as dumps. iunkyards, or automobile or machinery disassembly
yards or buildings not properly permitted and licensed or not in compliance with any law or regulation.
11. Any unsightly. abandoned. or deteriorated structure constructed with inappropriate materials or
improperly fastened together or anchored against the forces of nature; any screening which is in a falling.
decayed. dilapidated. or unsafe condition; any structure where construction was commenced and the
structure was left unfinished; or any structure that has been constructed or modified without permits or
which is otherwise in violation of City ordinance;
12. Personal property left in the public right-of-way of any road or alley. including but not limited to
any personal and household items, furniture. appliances. machinery. equipment. building materials; and
the abandonment or allowing the abandonment of property in any public right-of-way;
13. The parking or storage of vehicles on single-family residential lots in violation of the parking
regulations in this Code;
14. To obstruct. impede, or encroach upon. without legal authority. the use of any river, harbor, lake.
waterway; landing place. right-of-way. street, private way. or public area: to unlawfully obstruct or
impede the flow of municipal transit vehicles or passenger traffic, access to municipal transit vehicles or
stations, to unlawfully obstruct or impede a municipal transit driver, operator. or supervisor in the
performance of that individual's duties; or otherwise interfere with the provision or use of public
transportation services: or to create or place any device simulating traffic control signs;
15. To suffer, maintain, or permit to be maintained. any place where intoxicating liquors are
unlawfully kept for sale or disposal to the public;
16. Any place where fighting between people or animals or birds is unlawfully conducted or allowed.
17. Those acts. omissions. places, conditions, and things declared nuisances elsewhere in this chapter
or elsewhere in the Code, including in FWCC 4-146 - 4-154 and FWCC 6-340.
18. All violations of development. land use, public health. safety, and welfare and sanitation rules,
regulations. or ordinances of the City or Seattle-King County Health Department rules, regulations, or
ordinances
Anything meeting the definition of a public nuisance under this chapter.
10-5 rFWRC 7.03.0501 Nuisance is a violation
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It is unlawful and a violation of this chapter. whether by act or omission. to cause. create. maintain.
suffer. or allow a public nuisance to occur. exist, or remain. Each day any person allows or fails to abate
such nuisance after notice shall constitute a separate violation. In addition to any other penalty, a violation
of any provision of this chapter is a civil infraction under FWCC 1-24.
10-6 rFWRC 7.03.0601 Penalties and enforcement. authority
The Building Official and Code enforcement officers may enforce the provisions of this chapter
[Title) through any enforcement provisions in Chapter 1. Art III. Police officers may enforce the
provisions of this chapter criminally or otherwise regardless of any civil actions or proceedings. The
provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions
authorized by the Code or other applicable law. except as specifically precluded by law. The code
enforcement officer charged with the enforcement of this chapter, acting in good faith and without malice
in the discharge of his duties. shall not thereby be rendered personally liable for damage that may accrue
to persons or property as a result of an act or omission in the discharge of the assigned duties. The
Building Official is authorized to administer and adopt rules and regulations to carry out the provisions of
this chapter.
10-7 rFWRC 7.03.0701 Rieht of Entry
Where it is necessary to make an inspection to enforce the provisions of this chapter, or where the
code enforcement officer has reasonable cause to believe that there exists in a structure or condition
which is in violation of this chapter, the code enforcement officer is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided. that if
such structure or premises be occupied that credentials be presented to the occupant and entry requested.
If such structure or premises is unoccupied. the code enforcement officer shall first make a reasonable
effort to locate the owner or other person having charge or control of the structure or premises and request
entry. If entry is refused. the code enforcement officer shall have recourse to the remedies provided by
law to secure entry including seeking a search warrant and. upon a showing of probable cause specific to
the area sought to be searched that a violation exists, a court of competent iurisdiction shall issue a
warrant allowing a search of the common areas in which the violation is alleged.
SECTION 2. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code (FWRC
7.05.020) shall be amended to read as follows:
22-948 (7.05.020J Erosion and sedimentation regulation.
It is a development regulation violation, a public nuisance. and a violation of this Code for the owner
of the subject property to create, allow or perpetuate conditions on the subject property which cause the
erosion or undermining of adjacent property. It is also a development regulation violation, a public
nuisance, and a violation of this Code the owner of the subject property to create, allow or perpetuate a
condition which causes the deposition of sediments or the movement of other geologic materials onto
adjacent property. (Ord. No. 90-43, S 2(115.35), 2-27-90)
SECTION 3. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code (FWRC
7.05.030) shall be amended to read as follows:
22-950 (7.05.030J Glare regulation.
Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose,
health or safety of persons; or in any way renders persons insecure in life or in the use of property is a
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public nuisance, a development regulation violation, and a violation of this Code. (See also FWCC 22-
954.) (Ord. No. 90-43, S 2(115.50),2-27-90)
SECTION 4. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code (FWRC 7.05.070)
shall be amended to read as follows:
9-388 (7.05.070J Penalty for Temporary Business violation.
(a) ,^.ny person and the officers, directors, managing agents, or partners of any corporation, firm,
partnership or other organization or business violating or failing to comply with any of the pro';isions of
this article shall be guilty of a gross misdemeanor.
(b) In addition to any penalties provided in this section, any Any condition caused or permitted to
exist in violation of any of the provisions of this article Chapter 9. Article VII rChapter 12.25] Temporary
Business, is a public nuisance and all rCilledies given by law for the prcvention and abatement of
nuisances shall apply thereto. Further, each day that such condition or yiolation continues shall be
regarded as a ncvl and separate offense and shall be punished accordingly. (Ord. No. 90-62, S 8,6-19-90;
Ord. No. 91-110, S 8, 11-5-91; Ord. No. 02-429, S 15,11-19-02)
SECTION 5. Chapter 9, Article VIII, Section 9-422 of the Federal Way City Code (FWRC 7.05.080)
shall be amended to read as follows:
9-422 (7.05.080J Public Dances and Dance Halls Violations.
(a) It shall be a misdemeanor to engage in any acti';ity, act or conduct in violation of any of the
provisions of this article, including, without limitation, operating or managing a public dance without
ha'/ing first obtained a valid license, or rencwal or operating or managing a public dance after revocation
or suspension of any dance halllicensc.
W Any activity, act or conduct contrary to the provisions of this article Chapter 9. Article VIII
[Chapter 12.30] Public Dances and Dance Halls, is hereby declared to be unlawful, and the violation itself
is an injury to the community constituting a public nuisance. (Ord. No. 92-132, S 1(9.52),4-14-92)
SECTION 6. Chapter 13, Article VI, Section 13-180 of the Federal Way City Code (FWRC 7.05.090)
shall be amended to read as follows:
13-180 (7.05.090J Sidewalks Vyiolations deemed nuisance.
The violation or failure to comply with the provisions of this article Chapter 13. Article VI [Chapter
4.401 Sidewalks, shall be considered a public nuisance. fillY person failing to abate the nuisance within 10
days of service of the notice of violation shall be subject to a fine of up to $250.00 f{)r each offense. Each
day a person fails to abate such nuisance after notice shall constitute a separate offense. (Ord. No. 93-188,
S 1,9-21-93)
SECTION 7. Chapter 13, Article VII, Section 13-252 of the Federal Way City Code (FWRC
7.05.100) shall be amended to read as follows:
13-252 (7.05.100J Rieht-of-way Veeetation-Vyiolations deemed nuisance.
The violation or failure to comply with the provisions of this article Chapter 13. Article VII [Chapter
4.351 Right-of-way Vegetation. shall be considered a public nuisance. Any person failing to abate the
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nuisance within the time period specified by the director's notice shall be subject to a fine of up to
$250.00 for each offense. Each day any person fails to abate such nuisance after notice shall constitute a
separate ','iolation. (Ord. No. 93-187, S 1, 9-21-93)
SECTION 8. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code is hereby
repealed as follows:
22 1201 Public nuisance.
In addition to the other requirements of this section, any discharge into water or change in water
quality v/hich annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way
renders persons insecure in life, or in the use of property is a violation of this chapter. (Ord. No. 90 13, ~
2(115.150(6)),227 90)
SECTION 9. Chapter 10, Article II, Section 10-26 of the Federal Way City Code (FWRC 7.10.010) is
hereby repealed as follows:
10 26 (7.10.010) Ceneral prohibition.
It is unlawful for any person to cause, or for any person in possession of property to allow to originate
from the property, sound that is a public disturbance noisc. (Ord. No. 90 37, ~ 1 (,^.), 2 20 90)
SECTION 10. Chapter 10, Article II, Section 10-27 of the Federal Way City Code (FWRC 7.1 0.020)
shall be amended to read as follows:
10-27 (7.10.020) IIIustratiye eHumerati9n Public disturbance noise.
It is unlawful for any person to cause. or for any person in possession of property to allow to originate
from that property, sound that is a public disturbance noise. This section shall not apply to regularly
scheduled events at parks. such as public address systems for baseball games or park concerts between the
hours of 9:00 a.m. and 10:30 p.m. The following sounds are public disturbance noises in violation of this
afliele section:
(1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor
vehicle, except as a warning of danger or as specifically permitted or required by law.
(2) The creation of frequent, repetitive or continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal
combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace
and comfort of owners or possessors of real property.
(3) Yelling, shouting, whistling or singing on or near the public streets, particularly between the
hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the
peace and comfort of owners or possessors of real property.
(4) The creation of frequent, repetitive or continuous sounds which emanate from any building,
structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and
comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound
systems, band sessions or social gatherings.
(5) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc
players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
(6) Sound from portable audio equipment, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the
property of the operator.
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(7) The squealing, screeching or other such sounds from motor vehicle tires in contact with the
ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners
or because of such other reason; provided, that sounds which result from actions which are necessary to
avoid danger shall be exempt from this section.
(8) Sounds originating from construction sites, including but not limited to sounds from
construction equipment, power tools and hammering between the hours of 8:00 p.rn. and 7:00 a.m. on
weekdays and 8:00 p.m. and 9:00 a.m. on weekends.
(9) Sounds originating from residential property relating to temporary projects for the
maintenance or repair of horns, grounds and appurtenances, including but not limited to sounds from
lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00
p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. (Ord. No. 90-65, S I (B), 7-3-
90; Ord. No. 99-341, S 3, 5-4-99)
SECTION 11. Chapter 10, Article II, Section 10-28 ofthe Federal Way City Code (FWRC 7.10.030)
is hereby repealed as follows:
10 28 (7.10.030) Exelusion.
This article shall not apply to regularly scheduled eyents at parks, such as public address systems for
baseball games or park concerts bctwecn the hours of 9:00 a.m. and 10:30 p.m. (Ord. No. 90 37, ~ 1 (C),
2 20 90; Ord. No. 90 65, ~ 2, 7 3 90)
SECTION 12. Chapter 10, Article II, Section 10-29 of the Federal Way City Code (FWRC 7.10.040)
is hereby repealed as follows:
10 29 (7.10.040) Enforcement.
Civil enforcement of the provisions of this chapter shull be goyerned by Chapter 1 F'.VCC, ,^.rticle III,
Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the city including, but not limited to, eriminal sanctions as specified herein or
Chapter 1 F'NCC, ,^.rticles II, III, nuisance and injunction actions, or other civil or equitable actions to
abate, discontinue, correct or discourage unlawful acts in violation of this chapter. For second and
subsequent violations of the provisions of this chapter, the person shall also be guilty of a misdemeanor
and upon conviction shall be punished as provided in FWCC Lll (Ord. 1'40.90 37, ~ I(D), 22090; Ord.
No. 99 312, ~ 7, 5 1 99)
SECTION 13. Chapter 10, Article III, Section 10-52 of the Federal Way City Code (FWRC 7.15.020)
shall be amended to read as follows:
10-52 (7.15.020) Definitions.
fa) Abate means to remove or conceal graffiti by such means as is reasonably necessary and to
otherwise bring a property into compliance with the city code.
W Defacement means any marring and includes but is not limited to any unauthorized writing,
painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of
any type that has been placed upon any property, through the use of means including but not limited to
paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or
damaging property.
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(c) Enforcement officer or enforcement official means any city code enforcement officer or other city
officials designated by ordinance or by the city manager for purposes of enforcing the provisions of this
article or provisions of other sections of the city code or other laws of the city.
fdj Graffiti means any defacement of property.
(e) Hearing examiner means the Federal \Vay hearing examiner and the office thereof.
ff) Property means real or personal property, both public and private, and includes but is not limited
to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers,
walls, fences, gates, signage, installations, improvements, and structures within the city.
fgj Responsible party means an owner, a person acting as an agent for an owner, a person who has
authority over the property, or a person responsible for the property's maintenance or management.
Irrespective of any arrangement to the contrary with any other party, an owner shall always be a
responsible party for the purposes of this chapter. There may be more than one responsible party for a
particular private property. Where there is more than one responsible party, notice to any responsible
party shall be deemed to be notice to all. Where there is more than one responsible party, permission from
any responsible party shall be deemed to be permission from all unless a specific objection is made by a
nonconsenting responsible party.
W Unauthorized means without the prior express permission or consent of a responsible party. (Ord.
No. 07-550, S 2, 3-20-07)
SECTION 14. Chapter 10, Article III, Section 10-54 of the Federal Way City Code (FWRC 7.15.040)
is hereby repealed as follows:
10 54 (7.15.040) Notiee to eorreet graffiti.
(a) Issuance. Whenevcr an enforcement officer determines that graffiti exists on property within the
city, and the graffiti is ','isible from public property, from a location open to the public, or from a public
right of way, he or she may issue a notice to correct graffiti to the responsible party.
(b) Content. The notice to corrcct graffiti shall include the following:
(1) The name and address of the property owner and/or other responsible party to '.vhom the
notice to correct graffiti is directcd;
(2) The street address or other description sufficient for identification of the property, building,
structure, premises, or land upon or within 'Nhich the graffiti has occurred or is occurring;
(3) ,^~ description of the graffiti, including a reference to this article;
(1) ,^. statement that within three days of service of the notice to correct graffiti, the responsible
party must either abate the graffiti or contact the enf-orcement officer and enter an abatement plan. An
abatement plan shall mean a plan or series of steps agreed to between a responsible party and an
enforcement officer in order to abate graffiti;
(5) ^ statement that an appeal of the notice to correct graffiti may be filed pursuant to FWCC 10
56 within 10 days of service of the notice to correct graffiti;
(6) ^ statement that if the notice to correct graffiti is not appealed, the graffiti is not abated, an
abatement plan is not entered, an abatement plan is not complied ','lith, or a hearing examiner so orders
that the graffiti may bc summarily abated by the city with costs being assessed against the responsible
f*tFtJ';
(c) Service of notice to correct graffiti. The enforcement officer shall serve the notice to correct
graffiti upon the responsible party, either by delivering it personally, or by mailing a copy by registered or
certified mail to the responsible party at his/her last knOVIll address. If service is not accomplished by
personal service and if an address for mailed service cannot after due diligence be ascertained, notice
shall be served by posting a copy of the notice to correct graffiti conspicuously on the affected property or
structure. If service is by personal service, service shall be deemed complete immediately. If service is
made by mail, service shall be deemed complete upon the third day following the day upon which they
Ordinance 09-596
Page 9 of 17
are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in v/hich cvent
scrvice shall be deemed complete on the first day other than a Saturday, Sunday or legal holiday
following the third day. If service is made by posting, service shall be deemed complete on the third day
following the day the notice of graffiti is posted. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 15. Chapter 10, Article III, Section 10-55 of the Federal Way City Code (FWRC 7.15.050)
is hereby repealed as follows:
10 55 (7.15.050) Ciyil infraetion.
It is a civil infraction to fail to pay costs of abatement pursuant to FWCC 10 57. Infractions issued
under this section shall be governed by FWCC 1 21 except that the maximum penalty and the default
amount shall be $1.00 not including fees, costs, and assessments. In addition to any fine, fee, costs,. or
assessments imposed for an infraction under this section, a court may also impose restitution for any costs
for abatement under FWCC 10 57 as part of the monetar/ obligations for an infraction under this section.
The provisions of this section are not exclusive, and may be used in addition to other enforcement
provisions authorized by this article, the Federal Way City Code in general, or other applicable law,
except as specifically precluded by law. (Ord. No. 07 550, ~ 2,3 20 07)
SECTION 16. Chapter 10, Article III, Section 10.56 of the Federal Way City Code (FWRC 7.15.060)
is hereby repealed as follows:
10 56 (7.15.060) l'~ppe8ls to the hearing examiner.
(a) General. ,\ responsible party to v/hom a notice to correct graffiti is directed may appeal to the
hearing cxaminer. The person appealing may appeal either the determination that graffiti exists on
property within the city, and the graffiti is visible from public property, from a location open to the
public, or from a public right of way; the amount of any costs imposed; the correctiye action ordered; or
any combination thereof. The city may also request a hearing before the hearing examiner to assess costs,
modify previous ordcrs, or to enter other orders as needed. If no appeal is filed within 10 days of issuance,
the notice to correct graffiti shall be final and conclusive and not subject to appeal or review in any forum.
(b) How to appeal. In order to appeal, a person must file a written notice of appeal with the city clerk
within 10 calendar days from the date of issuance of the notice to correct graffiti, specifying what issue is
being appealed. The appeal must be accompanied by a filing fee in the amount of $100.00, payable by
cash or a check to the city of Federal Way, which is refundable in the event the appellant fully prcvails on
the appeal. The filing fee is waived in cases where the city requests the hearing.
(c) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay any
requirement for abatement.
(d) Hearing.
(1) Datc of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall
set a public hearing for a date within 30 days of the clerk's receipt ofthe appeal.
(2) Notice of hearing. The notice shall contain the following:
a. The file number and a brief description of the matter being appealed.
b. ,\ statement of the scope of the appeal, including a summary of the errors alleged and the
findings and/or legal conclusions disputed in the appeal.
c. The date, term, and place of the hearing on the appeal.
(3) Distribution of notice. The notice shall be mailed to the city, the responsible party, and/or the
appellant at least 10 calendar days before the hearing on the appeal.
Ordinance 09-596
Page 10 of 17
(1) Participation in the appeal. The city and the appellant may participate as parties in the hearing
and each may call witnesses. fJIY person may participate in the hearing in cithcr or both of the following
w-ays-o
a. By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the
hearing.
b. By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduet of the hearing.
(5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to
the rules of procedure of the hearing examiner. The city shall ha'ie the burden of proof by a
preponderance of the eyidence that graffiti exists on the property 'liithin the city, and the graffiti is visible
from public property, from a location open to the public, or from a public right of'liay, or that abatement
is needed to cure the violation. The hearing examiner shall make a complete electronic sound recording of
thc public hearing.
(6) Continuation of the hearing. The hearing examiner may continue the hearing if the hearing
examiner determines that he or she needs more information on the matter. The hearing examiner may
continue the hearing by stating the time and place of the next hearing during the hearing, without need of
providing any further notice.
(e) Decision of hearing examiner.
(1) Issuance. The hearing examiner shall issue an oral decision at the time of the hearing unless
good cause exists to delay the decision. The hearing examiner shall issue a written decision, including
findings, conclusions, and orders, within 11 days of the hearing. The appellant is required to comply '.vith
any decision of the hearing examiner whether oral or written upon issuance.
(2) Vacation of notice to correct graffiti. If the hearing examiner determines that there is
insufficient evidence that a ';iolation substantially as stated in the notice to correct graffiti exists, the
hearing examiner shall vacate the notice to correct graffiti, and order the appeal fee refunded.
(3) Affirmance. If the hearing cxaminer determines that there is sufficicnt evidence that graffiti
exists on property within the city, and the graffiti is ','isible from public property, from a location open to
the public, or from a public right of ',vay, the hearing examiner shall affirm the notice to correct graffiti
and shall order the violation be abated by the responsible party and set a date for compliance no later than
three days from the date and time of the hearing. If the graffiti is not abated by the date set for compliance
by thc hcaring examiner, the city may abate the graffiti. The hearing examiner shall set a ncw hearing date
to verify compliance or assess costs for any abatement by the city.
(1) Modification. The hearing examiner may order a compliance date for abatement later than
three days from the date of the hearing or modify the assessment of costs of abatement if good cause is
found. In so ordering, the hearing examiner shall consider the following:
a. Whether the intent of the appeal was to delay compliance;
b. Whether the appeal was frivolous;
c. Whether the applicant exercised reasonable, timely, and good faith effort to comply with
the notice to correct graffiti; and/or
d. ,^JIY other releyant factors.
(5) Effect of decision. Failure to comply with the decision of the hearing examiner shall constitute
a gross misdemeanor punishable by a fine of not more than $5,000 or up to 365 days imprisonment, or
both. In addition to criminal punishment pursuant to this subsection, the city may pursue any other
enforcement authorized by law.
(f) Judicial rcview. Judicial review of a decision by the hearing examiner may be sought by any party
aggrieved or adversely affected by the decision, if the writtcn petition seeking review is filed and served
on all partics within 21 days of the date of the decision. Filing of a petition for rc','icw does not stay any
Ordinance 09-596
Page 11 of17
required action \vithout further order of the hearing examiner or a court having jurisdiction oyer the
matter. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 17. Chapter 10, Article III, Section 10-57 of the Federal Way City Code (FWRC 7.15.070)
is hereby repealed as follows:
10 57 (7.15.070) f..batement by the eity.
(a) J\uthority to abate. The city may abate graffiti when any responsible party fails to abate a violation
within 10 days of an unappealed notice to correct graffiti where either no abatement plan has been entered
or an abatement plan has not been complied '.vith, or as ordered by the hearing examiner. The city may
use agents, contractors, or ','olunteers under its direction, who may act pursuant to this article.
(b) ,^.uthorized action by the city. Using any lawful means, the city is expressly authorized to enter
upon the premises to abate graffiti during regular business hours or at times mutually agreeable v/ith the
responsible party. J\ll reasonable efforts to minimize damage from such entry shall be taken by the city.
The city shall not authorize nor undertake to provide for the painting or repair of any more extensive area
than the area where the graffiti is located. The city may seek such judicial process as it deems necessal)'
to effect the abatement.
(c) Recoyery of costs. The responsible party and/or the ovmer shall be jointly and seyerally liable f-or
the costs, including incidental expenses, of any abatement by the city and such costs shall constitute a
personal obligation and a debt owed to the city and shall be enforceable as a lien against the property
upon which such nuisance existed, in addition to the other legal remedies available for enforcement of
debts. The costs shall become due and payable to the city within 11 calendar days from the date of notice
from the city that costs are due. The term "incidental expenses" includes but is not limited to personnel
costs (both direct and indirect); attorney's fees; costs incurred in documenting the violation; hauling,
storage and disposal expenses; expenses of the city in preparing notices, specifications and contracts; the
costs of accomplishing and inspecting the work; collection costs whether direct or indireet; the costs of
any contractors for any portion of the abatement process; and the costs of any required printing and
mailing. The director of the community development department or designee, or the hearing examiner,
may in his or her discretion waive in whole or part the assessment of any costs of abatement upon a
showing that abatement has occurred or is no longer necessary, or that the costs would cause a financial
hardship for the responsible party. The city may authorize the use of collection agencies to recoyer costs.
The city attorney is authorized to collect the costs by use of appropriate legal remedies.
(d) Interference. No person shall obstruct, impede, or interfere with the city or its agents, or with any
person who owns, or holds any interest or estate in any property, in performing any tasks necessary to
correct the yiolation. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 18. Chapter 10, Article III, Section 10-58 of the Federal Way City Code (FWRC 7.15.080)
is hereby repealed as follows:
10 58 (7.15.080) Warrants authorized if needed.
(a) A warrant to enter the property to inspect or abate under this article shall not be required for
graffiti visible from outside of the property and accessible from normal access routes from the public
right of way.
(b) /\ judge or commissioner of the municipal court of the city of Federal Way or other court with
jurisdiction, upon a proper oath or affirmation showing compliance with this article and probable cause
that a violation is present on a property, shall have power to issue a warrant directed to a state or local
official authorizing the official to enter the property to inspect or abate.
Ordinance 09-596
Page 12 of 17
(c) ,A. warrant shall issue only upon application of an enforcement officer or employee of a
prosecuting or rcgulatory authority supported by declaration or affida','it made under oath or upon sworn
testimony before the judge and establishing probable cause for the issuance of the warrant and
particularly describing the property and the ','iolation. For purposes of this section, probable cause exists if
thore is reasonable cause to bclicve that a violation is present upon the particular property to be entered.
(d) If the judge or commissioner is satisfied that the standard for issuing a '.varrant has been met, the
judge or commissioner shall issue the ',varrant. The warrant must particularly describe the property, the
violation, and the action to be taken.
(e) /\ warrant issued pursuant to this section must be executed and returned within 10 days unless,
upon a showing of a need for additional time, the period is extended or renewed by a judge or
commissioner upon a finding that such extension or renewal is in the public interest. l. copy of the
',varrant and a receipt for abatement taken pursuant to the warrant shall be given to the person whose
property is entered, or if the person is not at the property, the copy shall be left in or on the property that
was entered or from 'Nhich property was taken. The return of the warrant shall be promptly made
accompanied by a ..vritten inventory of any property taken. A copy of the return shall be attached to the
warrant and filed with the clerk of the court. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 19. Chapter 10, Article III, Section 10-59 of the Federal Way City Code (FWRC 7.15.090)
is hereby repealed as follows:
10 59 (7.15.090) Pro'Asions not exelusive.
The pro','isions of tills chapter are not exclusio,'e, and may be used in addition to other enf-orcement
provisions authorized by the Federal '.Vay City Code or other applicable law, except as specifically
precluded by law. (Ord. No. 07 550, ~ 2, 3 20 07)
SECTION 20. Chapter 15, Article V, Section 15-141 of the Federal Way City Code (FWRC
7.20.010) shall be amended to read as follows:
15-141 (7.20.010) Junk vehicles.
W Junk or junked vehicles are declared public nuisances under FWCC 22-1 and 22 952 this chapter.
(el) Junk vehicles may be impounded, provided the following notice and hearing procedures are
fulfilled:
(+~) At least 15 days prior to impoundment, notice shall be provided to the property owner of
record and sent to the vehicle's last registered owner of record if the vehicle's owner's identity can be
determined and that person is different from the property owner. The notice shall provide that a hearing
may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be
contained in the notice of violation. If the owner or occupier of the property hinders the city from
ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the
vehicle;
(2.h) If a request for a hearing is received, a notice giving the time, location, and date of the
hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall
be mailed, by regular mail and certified mail, with a five-day return receipt requested, to the owner of the
land as shown on the last equalized assessment roll and to the last registered and legal owner of record of
the vehicle unless the owner cannot be determined. This hearing may be held in the same manner and at
the same time as an appeal of the notice of violation under FWCC 1-19;
Ordinance 09-596
Page 13 of 17
(::;~) This section shall not apply to (a) a vehicle or part thereof that 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 that 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
RCW 46.80.130 as it exists or is hereafter amended;
(4Q) The owner of the land on which the vehicle is located may appear in person at the
hearing or present a written statement in time for consideration at the hearing, and deny responsibility for
the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing
that the vehicle was placed on the land without the consent of the land owner and that he has not
subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or
removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to
collect the cost from the owner of the property;
(:S~) After notice has been given of the intent of the city to dispose of the vehicle and after a
hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law
enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the
Department of Licensing that the vehicle has been wrecked.
(e2) At least 15 days after an unappealed notice of violation under FWCC 1-17 is issued, or at
least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part
thereof as defined by FWCC 22-1 and/or 22-952 and encompassed by the notice of violation is subject to
summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law
enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion,
and provide for its prompt removal to a place of safety. An impoundment under this section shall not be
considered an abatement under FWCC 1-21 nor subject to its provisions.
(e]) A warrant to enter the property and impound any vehicles shall not be required to impound
vehicles that are visible from outside of the property and accessible from normal access routes from the
public right-of-way, including but not limited to those vehicles on or adjacent to driveways and not
behind closed gates.
(l) ;\ judge of the municipal court of the city of Federal ',""lay, upon a proper oath or affirmation
showing compliance with this section and probable cause that a junk or junked vehicle is present on a
property, shall ha','e power to issue a warrant directed to a state or local official authorizing the official to
enter the property to impound the vehicle.
(2) /\. warrant shall issue only upon application of a designated officer or employee of a
prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sVlOm
testimony beforc the judge and establishing probable cause for the issuance of the warrant and
particularly describing the property and the yehicle or vehicles to be impounded. For purposes of this
section, probable cause exists if there is reasonable cause to believe that a junk or junked vehicle is
present upon the particular property to be entered.
(3) If the judge is satisfied that the standard for issuing a '",arrant has been met, the judge shall
issue the warrant. The warrant must particularly describe the property and the vehicle or vehicles to be
impounded.
(4) ,^. warrant issued pursuant to this section must be executed and returned within 10 days
unless, upon a showing of a need for additional time, the period is extended or renewed by a judge upon a
finding that such extension or renev/al is in the public interest. ,\ copy of the warrant and a receipt for any
propcrty seized pursuant to the warrant shall be given to the person v/hose property is entered, or if the
person is not at the property, the copy shall be left in or on the property that vias entcred or from which
property was taken. The return of the warrant shall be promptly made accompanied by a written inventory
of any property taken.
(5) /\ copy of the return shall be attached to the warrant and filed with the clerk of the court.
(e1) Costs of removal may be assessed against the registered owner of the vehicle if the identity
of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied
Ordinance 09-596
Page 14 of 17
with RCW 46.12.101 as it exists or is hereafter amended, or the costs may be assessed against the owner
of the property on which the vehicle is stored.
(f2) A registered disposer under contract to the city for the impounding of vehicles shall comply
with any administrative regulations on the handling and disposing of vehicles. (Ord. No. 06-534, S 1, 10-
17 -06)
SECTION 21. Chapter 22, Article XIII, Section 22-952 of the Federal Way City Code (FWRC
7.20.020) shall be amended to read as follows:
22-952 (7.20.020) Junk and junkyards prohibited.
It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of
property to allow junk, junked~ or inoperable vehicles to accumulate, on the subject property, or to operate
or maintain a iunkyard on the property. In addition, a junkyard is not permitted in the city. (Ord. No. 90-
43, S 2(115.70), 2-27-90; Ord. No. 96-269, S 4, 6-18-96)
SECTION 22. Chapter 22, Article IV, Section 22-330 of the Federal Way City Code shall be
amended to read as follows:
22-330 Immediate compliance with certain provisions required.
(a1) Generally. Regardless of any other provision of this article, the following nonconformances must
be immediately brought into conformance with the applicable regulations provisions of this chapter:
(+i!) Nonconformance that constitutes a public nuisance under Chapter 10 [Title 7) with the noise
standards in F'NCC 22 956;
(~b) Nonconformance with the lighting standards in FWCC 22-954;
(3) Nonconformance with the heat emission standards in FWCC 22 951;
(1) Nonconf-ormance with the radiation standards in FWCC 22 959;
(5) Nonconformance with the air quality standards in FV/CC 22 917;
(e~) Nonconformance with the standards in the International Fire Code and FWCC 8-51 through
8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director
in consultation with the appropriate fire safety officials;
(7) Nonconformance with the odor standards in FWCC 22 95&;
(gg) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and
storage of large vehicles in residential zones;
(9) Nonconformance with the provisions in FWCC 22 952 regarding junk;
(10) Nonconformance with the glare standards in FWCC 22 950;
(++~) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs;
(~D Nonconformance with the provision in FWCC 22-1596 regarding location of signs
extending over rights-of-way.
(132.) Abatement. The city may, using any of the provisions of F'NCC 22 121 et seq. of this Code or
any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in
subsection (a1) of this section. (Ord. No. 90-43, S 2(165.25),2-27-90; Ord. No. 91-113, S 4(165.25), 12-
3-91; Ord. No. 92-135, S 3(165.25),4-21-92; Ord. No. 92-144, S 3(165.25),6-16-92; Ord. No. 97-307, S
3,12-16-97; Ord. No. 04-457, S 3,2-3-04; Ord. No. 04-468, S 3,11-16-04)
SECTION 23. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any.
Ordinance 09-596
Page 15 of 17
reason, such decision shall not affect the validity of the remammg portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 24. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 25. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 26. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 27. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
,CMC
Ordinance 09-596
Page 16 of 17
APPROVED AS TO FORM:
-f tftZ. If. ~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED ON: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-596
11-25-08
01-06-2009
Ordinance 09-596
Page 17 of 17