Form revised May 26, 2009

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Legislative	Peter Harris/684-8368	n.a.

Legislation Title:

AN ORDINANCE relating to abatement of and penalties, including license suspension or revocation, for public nuisances; repealing Chapter 10.09 of the Seattle Municipal Code entitled "Public Nuisances" and enacting a new Chapter 10.09 entitled "Chronic Nuisance Properties," and amending SMC Subsection 5.55.230A,Subsection 6.02.270A and Section 6.202.230.

· Summary of the Legislation:

This ordinance replaces the existing City nuisance ordinance (SMC 10.09) with an ordinance that defines chronic nuisance properties primarily by the repeated occurrence of illegal activity, such as prostitution, weapons violations, gang activity and illegal drug trafficking.  It holds property owners responsible along with an persons in charge on site.  If the Chief of Police cannot obtain correction of the chronic nuisance, he or she may refer the case to the City Attorney for action in court.  The court may impose penalties of up to $500 per day against the persons in charge of the property and up to $25,000 against an owner who fails to take reasonable steps to correct the nuisance.  If the court funds that the property is a chronic nuisance, the City may suspend the business license or other license at the property.

· Background: (Include brief description of the purpose and context of legislation and include record of previous legislation and funding history, if applicable):

The current nuisance ordinance has not been effective for abating chronic nuisances resulting from the repeated use of properties for illegal activity.

For other forms of nuisances, including but not limited to those resulting from noise, liquor law violations, or land use or building code violations, the City retains the ability to take action pursuant to RCW 7.48.

· Please check one of the following:

____ This legislation does not have any financial implications.  (Stop here and delete the remainder of this document prior to saving and printing.)

This ordinance does not have any financial implications that may be estimated with confidence now.  We expect that enforcement actions under the new ordinance will generally require the same resources in the Law Department and Police Department as current enforcement efforts under SMC 10.09.  However, to the extend the new ordinance leads to more active nuisance property abatement, the increased enforcement will demand more effort from these two departments.  If the new ordinance results in significantly more enforcement actions, more Police and Law Department resources may be required.

____ This legislation has financial implications.  (Please complete all relevant sections that follow.)

Appropriations:  This table should reflect appropriations that are a direct result of this legislation.  In the event that the project/programs associated with this ordinance had, or will have, appropriations in other legislation, please provide details in the Notes section below.

Fund Name and Number	Department	Budget Control Level*	2009 Appropriation	2010 Anticipated Appropriation
TOTAL

*See budget book to obtain the appropriate Budget Control Level for your department.

Notes: 

Anticipated Revenue/Reimbursement: Resulting From This Legislation: This table should reflect revenues/reimbursements that are a direct result of this legislation.  In the event that the issues/projects associated with this ordinance/resolution have revenues or reimbursements that were, or will be, received because of previous or future legislation or budget actions, please provide details in the Notes section below the table.

Fund Name and Number	Department	Revenue Source	2009 Revenue	2010 Revenue
TOTAL

Notes:

Total Regular Positions Created, Modified, Or Abrogated Through This Legislation, Including FTE Impact:  This table should only reflect the actual number of positions affected by this legislation.   In the event that positions have been, or will be, created as a result of other legislation, please provide details in the Notes section below the table.

Position Title and Department	Position # for Existing Positions	Fund Name & #	PT/FT	2009 Positions	2009 FTE	2010 Positions*	2010 FTE*
TOTAL

* 2010 positions and FTE are total 2010 position changes resulting from this legislation, not incremental changes.  Therefore, under 2010, please be sure to include any continuing positions from 2009.

Notes:

· Do positions sunset in the future?  (If yes, identify sunset date):

Spending/Cash Flow: This table should be completed only in those cases where part or all of the funds authorized by this legislation will be spent in a different year than when they were appropriated (e.g., as in the case of certain grants and capital projects).  Details surrounding spending that will occur in future years should be provided in the Notes section below the table.

Fund Name & #	Department	Budget Control Level*	2009 Expenditures	2010 Anticipated Expenditures
TOTAL

* See budget book to obtain the appropriate Budget Control Level for your department.

Notes:

· What is the financial cost of not implementing the legislation? (Estimate the costs to the City of not implementing the legislation, including estimated costs to maintain or expand an existing facility or the cost avoidance due to replacement of an existing facility, potential conflicts with regulatory requirements, or other potential costs if the legislation is not implemented.)

· Does this legislation affect any departments besides the originating department?  • If so, please list the affected department(s), the nature of the impact (financial, operational, etc)., and indicate which staff members in the other department(s) are aware of this Bill.

· What are the possible alternatives to the legislation that could achieve the same or similar objectives? (Include any potential alternatives to the proposed legislation, such as reducing fee-supported activities, identifying outside funding sources for fee-supported activities, etc.)

· Is the legislation subject to public hearing requirements:  (If yes, what public hearings have been held to date, and/or what plans are in place to hold a public hearing(s) in the future.)

· Other Issues (including long-term implications of the legislation):

· List attachments to the fiscal note below: (Please include headers with version numbers on all attachments, as well footers with the document’s name (e.g., DOF Property Tax Fisc Att A)