ORD 22-928 - Modifying Chronic Nuisance CodeORDINANCE NO.22-928
AN ORDINANCE of the City of Federal Way, Washington, modifying
the City's nuisance code to address chronic nuisance properties and
providing for emergency summary abatement for severe and emergent
nuisances in the City; amending FWRC 6.70.010; adding new sections
to Chapter 6.70 including sections 6.70.020, 6.70.030, and 6.70.040; and
adding a new section to Chapter 1.15 including section 1.15.085.
(Amending Ordinance No. 00-374.)
WHEREAS, the City of Federal Way ("City") is a non -charter code city pursuant to Title
35A RCW; and
WHEREAS, the City is authorized to declare and abate nuisances under its general police
powers as provided in Article XI, Section 11 of the Washington State Constitution; and
WHEREAS, civil and criminal nuisance conditions existing on properties present
significant health, safety, and welfare concerns, particularly where the persons responsible for such
properties repeatedly fail to take corrective action to abate the nuisance conditions; and
WHEREAS, such chronic nuisance properties can have a tremendous negative impact upon
the quality of life, safety and health of the neighborhoods where they are located; and
WHEREAS, the citizens of the City should be able to enjoy ownership, use, and possession
of property without negative interference from chronic nuisance properties; and
WHEREAS, chronic nuisance properties can also be a financial burden to the City due to
repeated calls for service necessitated by nuisance activities that repeatedly occur or exist on such
properties; and
WHEREAS, it is in the public interest for the City Council to adopt these new and amended
regulations in FWRC Titles 1 and 6, to provide a practical process for ameliorating and correcting
chronic nuisances.
Ordinance No. 22-928 Page 1 of 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) The recitals set forth above are hereby adopted and restated as findings of fact.
(b) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by protecting public health and safety.
Section 2. Chapter 6.70 "Public Nuisance" of the Federal Way Revised Code is hereby
amended to read as follows:
Chapter 6.70
PUBLIC NUISANCE AND CHRONIC NUISANCE PROPERTIES
6.70.010 Public nuisance statutes adopted.
The following state statutes are adopted by reference:
RC W
9.66.010 Public nuisance.
9.66.020 Unequal damage.
9.66.030 Maintaining or permitting nuisance.
9.66.040 Abatement of nuisance.
9.66.050 Deposit of unwholesome substance.
Section 3. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.020 to read as follows:
Ordinance No. 22-928 Page 2 of 5
6.70.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Chronic nuisance property," means:
(1) Property on which any combination of three or more nuisance activities occur or exist during
any 60-day_period, or
(2) Property on which any combination of seven or more nuisance activities occur or exist during
any 12-month period.
"Nuisance .aclivi 'means:
(1) Any nuisance as defined by state law or local ordinance occurring on a property, including but
not limited to violations of Title 7 FWRC, Public Nuisances; or
(2) Any criminal conduct as defined by state law or local ordinance occurring on a property, that
is wholly or partially attributable to the action or inaction of the property owner, property manager,
agent, employee, or designee, including but not limited to the criminal conduct described in Title
6 FWRC, Public Safety and Welfare.
Section 4. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.030 to read as follows:
6.70.030 Violations.
It is unlawful and a violation of this title whether by act or omission. to cause, create maintain.
suffer, or allow a chronic nuisance property to occur, exist, or remain. Each day any person allows
or fails to abate such chronic nuisance propertyaf'ter notice shall constitute a separate violation.
Ordinance No. 22-928 Page 3 of 5
Section 5. Chapter 6.70 of the Federal Way Revised Code is hereby amended to add a new
section 6.70.040 to read as follows:
6.70.040 Penalties and enforcement — Authority.
The Community Development Director or designee ma enforce the provisions of this chapter
through any enforcement movisions in Chapter 1.15 FWRC. The Police Chief or designee may
enforce the provisions of this chapter through the criminal enforcement provisions in Chapter 1.10
FWRC. Any such enforcement of the provisions of this chapter is in addition to, and does not
preclude or limit, any other forms of enforcement available to the City including, but not limited
to, nuisance and injunction actions. or other civil or equitable actions to abate. discontinue, correct,
or discourage unlawfW acts in violation of this chapter.
Section 6. Chapter 1.15 of the Federal Way Revised Code is hereby amended to add a new
section 1.15.085 to read as follows:
1.15.085 Emer2ency Summary Abatement.
Whenever the enforcement official determines that a violation has occurred or is occurring that
causes or creates a condition that constitutes a severe and emergent threat to the'ublic health.
safety, or welfare requiring immediate abatement _they may summarily abate the condition. Notice
of such abatement including the reason for it shall be given to the person responsible for the
violation as soon as reasonably possible.
Section 7. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to any other persons
or circumstances.
Ordinance No. 22-928 Page 4 of 5
Section 8. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 18th day of January, 2022.
CITY OF FEDERAL WAY:
ATTEST:
14 &4M
SUP14ANIF, COURTNEY, C, CITY CLERK
APPROVED AS TO FORM:
-3
"go,04
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 12/28/2021
PASSED BY THE CITY COUNCIL: 01/18/2022
PUBLISHED: 01 /21 /2022
EFFECTIVE DATE: 01/26/2022
ORDINANCE NO.: 22-928
Ordinance No. 22-928 Page 5 of 5