AN ORDINANCE adding new sections to SMC Chapter 25.08 defining a Residential Disturbance, making it unlawful to allow real property to be used for a Residential Disturbance, providing penalties therefore, providing for abatement of properties where three or more incidents occur within a twelve-month period and amending Sections 25.08.660 and 25.08.820.

WHEREAS, Seattle is a City comprised of various residential neighborhoods, all of which have their own unique characteristics adding to the vitality and unique nature of our City; and

WHEREAS, maintaining a high quality of life in our City is of utmost importance to our residents; and

WHEREAS, excessive noise in our residential neighborhoods diminishes that quality of life;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Finding of special conditions.

The problem of noise in the City has been studied since 1974 and noise control regulations for the City were first adopted by the City Council in 1977. On the basis of this experience and knowledge of conditions within the City of Seattle, the City Council hereby finds that special conditions exist within the City of Seattle, which make necessary any and all differences between this ordinance and the regulations adopted by the Department of Ecology.

Section 2. A new section is added to SMC Chapter 25.08 as follows:

25.08.225 Residential Disturbance.

"Residential Disturbance" means a gathering of more than one person at a residential property located in a Single Family or Multifamily zone, as defined in SMC 23.84.048 between the hours of 10:00 p.m. (11:00 p.m. on Friday and Saturday nights) and 7:00 a.m. at which noise associated with the gathering is frequent, repetitive or continuous and is audible to a person of normal hearing at a distance of seventy five (75) feet or more from the property.

Section 3. A new section is added to SMC Chapter 25.08 as follows:

25.08.505 Residential Disturbance Violation.

It is unlawful for any person to knowingly allow real property under one's possession or control to be used for a Residential Disturbance, as defined in Section 25.08.225.

Section 4. A new section is added to SMC Chapter 25.08 to read as follows:

25.08.508 Abatement of Chronic Violations.

A. A residential property at which three or more violations of SMC 25.08.505 occur within any twelve-month period constitutes a nuisance and is subject to an action for abatement pursuant to this section; provided that the person or persons responsible for such violations were residents of the same housing unit, as defined in SMC 22.204.090.

B. The City Attorney shall notify the owner and tenant(s) of any property when a tenant or other person has been found to be in violation of Section 25.08.505 at the owner's property. All notices pursuant to this subsection shall include notification that an action for abatement under this section may be commenced if three or more violations of Section 25.08.505 occur at the property within a twelvemonth period and the person or persons responsible were residents of the same housing unit as defined in SMC 22.204.090.

C. In addition to any other remedies provided by this Chapter or any other law, an action to abate chronic violations of Section 25.08.505, may be commenced by the City Attorney against the owner and/or tenant(s) of a property following a third or subsequent violation of SMC 25.08.505 at the property within a twelve month period where the person or persons responsible for such violations were residents of the same housing unit as defined in SMC 22.204.090. An action shall not be commenced under this section until at least thirty (30) days after the mailing of a notice of a finding of a third violation which occurs within a twelve month period. If during this thirty (30) day period an owner provides written notice to the City Attorney that the owner has filed a legal proceeding to evict the person or persons responsible for three or more violations of Section 25.08.505 and the City Attorney is satisfied the owner will diligently prosecute such eviction action, an action against the owner under this section shall not be filed. If the court determines that three or more violations of Section 25.08.505 have occurred at a property within any twelvemonth period, the court may order any remedy that is reasonably likely to abate future violations, providing that the court should not enter an order prohibiting the rental of a housing unit or units unless other remedies have failed to abate future violations.

D. Notices required by this section shall be in writing. Notice to an owner is sufficient if sent to the address of the owner listed in the records of the King County Recorder. If the City Attorney knows that a property is managed by a third party property manager, notices required by the section may be sent to such third party property manager. No inference shall be drawn in a private dispute between a landlord and a tenant or tenants solely because of the lack of a notice from the City Attorney as contemplated by this section.

Section 5. Section 25.08.660 is amended as follows:

SMC 25.08.660 Authority of Administrator and Chief of Police.

Unless provided otherwise by this chapter, the Chief of Police shall be responsible for enforcing Sections 25.08.500, 25.08.505 and 25.08.515, the Chief of Police and the Administrator shall be responsible for enforcing Subchapter IV of this chapter, and the Administrator shall be responsible for enforcing the remaining provisions of this chapter. Upon request by the Administrator or the Chief of Police, all other City departments and divisions are authorized to assist them in enforcing this chapter.

Section 6. A new section is added to SMC Chapter 25.08 to read as follows:

25.08.805 Residential Disturbance Penalties.

A. Except as provided in subsection B of this section, conduct made unlawful by Section 25.08.505 shall be a Class 1 civil infraction as contemplated by RCW Chapter 7.80 and is subject to a monetary penalty and a default amount of Two Hundred Fifty Dollars ($250.00), plus any statutory assessments. A civil infraction under this section shall be processed in the manner set forth in RCW Chapter 7.80.

B. A person who continues to be in violation of Section 25.08.505 after receiving a notice of infraction pursuant to subsection A of this section, or who again violates Section 25.08.505 within twentyfour hours after receiving a notice of infraction pursuant to subsection A of this section commits a misdemeanor and any person who is convicted thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500), or by imprisonment in the City Jail for a term not to exceed six (6) months, or by both such fine and imprisonment.

Section 7. Section 25.08.820 is amended as follows:

SMC 25.08.820 Penalties cumulative. The penalties imposed by Sections 25.08.800, 25.08.805 and 25.08.810 shall be in addition to any other sanction or remedial injunctive procedure that may be available at law or equity.

Section 8. The Seattle Police Department and the City Attorney shall provide a report to the Council Finance, Budget, Business and Labor Committee regarding the implementation of this ordinance by June 30, 2004. This report shall include: the total number of noise complaints recorded, the total number of incident reports filed, the number and type of violations, the location of violations, and the number of abatement proceedings filed and the outcome of such filings occurring under this ordinance.

Section 9. This ordinance shall take effect and be in force on whichever is the later of: the effective date of approval by the Department of Ecology; or thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after its presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of ____________, 2003, and signed by me in open session in authentication of its passage this _____ day of _________________, 2003. _____________________________________ President _______ of the City Council

Approved by me this _____ day of _________________, 2003. ___________________________________________ Mayor

Filed by me this _____ day of ____________________, 2003. ___________________________________________ City Clerk

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