On the agenda: Fife meeting — surveillance camera (Jan 16)

City Council
Study Session Agenda
January 16, 2018
6:00 pm
The Marian Wetsch City Hall
Council Chambers
5411 23rd Street E.
Fife, WA 98424
1. Call to Order & Roll Call
Yambe

Curtis

Fagundes

Hulcey_

Roscoe

McClellan

Wolfrom_

2. Pledge of Allegiance
3. Presentations
a. Hotel Mitigation Project
b. Bee Clover Project
4. Review of Upcoming Council Meeting Agendas
5. Adjournment

City Hall is accessible for persons with disabilities. Special equipment to assist the hearing impaired
is also available. Please contact the City Clerk at (253)-922-2489 if you require special
accommodations at least 24 hours before the meeting.

3a
AGENDA BILL
January 16, 2018
SUBJECT:

Hotel Mitigation Project

Discussion
PRESENTED BY: Hyun Kim, City Manager

FISCAL IMPACT:
PROJECT:

APPROVED BY:

FIFEL

REVENUE SOURCE:

Multiple

ESTIMATED AMOUNT:
SUMMARY/BACKGROUND:
In September of 2014, recognizing that chronic nuisances and other activities affect the safety, perception and
success of lodging establishments in the City of Fife, a multi-disciplined Lodging Task Force made up of staff
from the Police, Community Development, Legal and Executive Departments was established. The Task Force
designed
and
recommended
the
passage
of
two
ordinances
(1878
and
1879).
Objectives and desired outcomes of the ordinances included:
•
•
•

Decrease the need for reactive police and municipal services;
Increased positive perception of the City of Fife as a lodging destination;
Increased positive communications between hoteliers, managers and the City.

The discussion today is to review the current ordinances. An internal group of City staff met to brainstorm and
suggest additions and changes to the ordinances. Those suggestions include:
•
•
•
•

Removing Ordinance 1878 from the FMC, as the ability to revoke a business license already lies within
Ordinance 1879 and the retrieval of the data needed to enforce 1878 is inefficient and costly. This
ordinance has never been enforced.
Amending the threshold levels of Ordinance 1879 to reflect current crime and reporting rates.
Adding language in Ordinance 1879 to specify the commencement of action by the City Attorney.
Adding language in Ordinance 1879 to include cleanliness and code violations to the list of “Nuisance
Activities”.

ATTACHMENTS:
Ordinance 1878 and Ordinance 1879
STAFF RECOMMENDATION:
Discuss proposed changes to the ordinances.
ALTERNATIVES:
None.
RECOMMENDED MOTION:
None.
3a Page No. 1 of 17

CITY OF FIFE, WASHINGTON
ORDINANCE NO. 1878

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF FIFE, PIERCE COUNTY, WASHINGTON, ADDING A
NEW CHAPTER 5. 04 TO THE FIFE MUNICIPAL CODE
REGARDING TRANSIENT ACCOMMODATIONS

WHEREAS, the relatively high level of criminal activity at hotels and motels in Fife is a
real and compelling concern to the City of Fife, the citizens of Fife, visitors to Fife, and the hotel
and motel industry itself; and
WHEREAS, it has been statistically demonstrated that some hotels and motels in Fife are

responsible for a disproportionate number of police service calls regarding criminal activity; and
WHEREAS, a high level of criminal activity at hotels and motels has a tremendous negative
impact

on

public

health

and

safety, neighboring businesses, and tourism, and drains police

resources; and

WHEREAS, it is reasonable to require those hotels and motels with higher number of police

calls for service to employ certain measures that have been shown to be effective deterrents to
crime; and

WHEREAS,

it has been recognized by the hotel and motel industry and the crime
prevention community that the negative impact of employee involvement in such criminal activity
is of such significance as to require higher levels of employee screening for those hotels and motels
with higher numbers of police calls for service; and

WHEREAS, the City Council believes it is in the best interests of the City to take a
proactive approach at preventing criminal activity at the City' s hotels and motels; and

WHEREAS, the City Council desires to encourage and foster cooperation between hotel and
motel operators and the Fife Police Department, so calls for police service initiated by the hotel or
motel operator should not be included in the calls for service calculations in this ordinance; now
therefore

THE CITY COUNCIL OF THE CITY OF FIFE, PIERCE COUNTY, WASHINGTON
DO ORDAIN AS FOLLOWS:

Ordinance No. 1878
Page 1 of 7

3a Page No. 2 of 17

Section 1.

A new Chapter 5. 04 is hereby added to the Fife Municipal Code, titled

Transient Accommodations" to read as follows:
Chapter 5. 04 Transient Accommodations
5. 04. 010 Findings.

The recitals set forth in the ordinance codified in this chapter are by this reference
incorporated herein as the city council' s findings.
5. 04.020 Definitions.

1) Use of Words and Phrases. As used in this chapter, unless the context or
subject matter clearly requires otherwise, the words or phrases defined in this section
shall have the indicated meanings.
2) "

Transient

accommodation"

means

any

facility

such

as

a

hotel,

motel,

condominium, resort, or any other facility or place offering six or more lodging units to
guests for periods of less than thirty days, but shall not include jails, hospitals, asylums,
sanitariums, orphanages, prisons, detention homes, and similar facilities.
3) "

Transient Accommodation Property" means any land containing a facility
for transient accommodation, including associated parking area, recreation area, loading
area, landscaping, or other amenities.
4) "

Lodging unit" shall mean one self -contained unit designated by number,

letter or some other method of identification.
5) " Call for service" means:

a) Any report to the Fife police department from or concerning a transient
accommodation

in

connection

with

an

incident

occurring

at

that

transient

accommodation property, except calls originating from the owner, manager or other

agent of the owner of the Transient Accommodation Property; or
b) Any

on -view

incident

observed

by

police

concerning

a

transient

accommodation property, which report or on -view incident is responded to by a police
officer.

Calls for service that do not result in the generation of a police report shall not
be included in the annual calls for service calculation under this chapter.
c)

5) " Police"

means any authorized agent of the Fife police department or other

law enforcement agency having jurisdiction.
6) " Police department" means the police department of the city of Fife.
5.04.030 General license requirements.

1) It is unlawful for any person, firm, or corporation to operate a transient
accommodation in the city of Fife without a license issued pursuant to chapter 70. 62
RCW.

Ordinance No. 1878
Page 2 of 7

3a Page No. 3 of 17

2) It is unlawful for any person, firm, or corporation to operate a transient
accommodation in the city of Fife without a business license issued pursuant to chapter
5. 01 FMC.

5. 04. 040 City of Fife business license endorsement requirement.
1) It is unlawful for any person, firm, or corporation to operate a transient
accommodation in the city of Fife without an additional business license endorsement
issued pursuant to this chapter.

2) All transient accommodations may be issued a business license endorsement
under the provisions of this chapter. Based upon an individual transient accommodation

property' s annual calls for service per unit, however, a transient accommodation must
comply with additional requirements designed to deter crime in order to obtain or
maintain its business license endorsement. The calls for service and crime statistics for

each hotel and motel will be compiled for a 12 -month period ending September 30th of
each calendar year. Compilation shall commence October 1, 2014.

3) Each transient accommodation licensee will be notified of its annual number

of calls for service per unit no later than October 31st of each calendar year, beginning in
2015. The transient accommodations shall have five months from the date of notice to

comply with all the requirements of their group level necessary to receive a business
license endorsement. Any additional requirements placed on a transient accommodation
under this chapter must be met or substantially in progress, as determined and verified by
the Fife police department business license endorsement within five months of the date of

the notice. Failure to comply with the additional requirements and obtain the police
department business license endorsement for the applicable group level as provided
herein shall be grounds for revocation and/ or nonrenewal of a general business license for
transient accommodation. The police department business license endorsement

the

required herein shall be made upon a form prepared by the police department upon
application by the licensee. The business license endorsement form must be presented to

the city clerk by every transient accommodation licensee, as a condition of eligibility for
the general business license required by chapter 5. 01 FMC.
4)

An additional fee shall be required for the transient accommodation business

license endorsement as set forth in the City' s fee schedule.

The current fee schedule is

available at Fife City Hall and at the city of Fife' s website: www.cityoffife.org.
5. 04.050 Annual calls for police service greater than 0. 19 calls per unit but Less than
or equal to 0. 40 calls per unit.

Transient accommodations whose annual calls for service greater than 0. 19 calls per unit

but less than or equal to 0.40 calls per unit are required to meet the following conditions,
designed to deter crime, to obtain a business license endorsement to operate in the city of
Fife:

1) Obtain and maintain a record of guests in accordance with FMC 5. 34. 010.
Ordinance No. 1878
Page 3 of 7

3a Page No. 4 of 17

2) At the request of an establishment, the Fife police department will provide the
transient

accommodation

with

inspection

services

and

advice

concerning

crime

prevention through environmental design standards.

3) At the request of the transient accommodation, the Fife police department will

provide training for the transient accommodation staff, in cooperation with management,
regarding the recognition of criminal behavior.
4) At the request of the transient accommodation, the Fife police department will

keep the transient accommodation management apprised of police activity that occurs on
the property.
5. 04. 060 Annual calls for police service greater than 0. 40 calls per unit but less than
or equal to 0. 60 calls per unit.

Transient accommodations whose annual calls for service are greater than 0.40 calls per

unit but less than or equal to 0. 60 calls per unit are required to meet the following
additional conditions, designed to deter crime, to obtain a business license endorsement

to operate in the city of Fife:
1) Conform to the requirements set forth in FMC 5. 04. 050.
2) Have a representative available on the premises at all times.

3) Install and operate a surveillance camera ( with recorder) in the lobby for 24
hours per day, seven days per week.
4) Undergo a Fife police department crime prevention assessment of their

property to be conducted by the Fife police crime prevention unit using standards from
the crime prevention through environmental design ( CPTED) program.

5.04.070 Annual calls for police service greater than 0. 60 calls per unit.
Transient accommodations whose annual calls for service are greater than 0. 60 calls per

unit are required to meet the following additional conditions, designed to deter crime, to
obtain a business license endorsement to operate in the city of Fife:
1) Conform to the requirements set forth in FMC 5. 04. 050 and 5. 04. 060.
2) Provide the Fife police department with the names and dates of birth of all
owners, managers, and employees to allow for background checks.
3) Hold

semi -annual

employee

training

sessions,

assisted by the Fife police

department.

4) Provide 24 -hour front desk personnel.

5) Enforce the following guest rules:
a) Units cannot be rented for less than a six -hour period.

b) No unit may be used for drunkenness, fighting, or breaches of the
peace. No unit may be used if loud noises come from that unit. Loud noises are those
noises that disturb the tranquility of the neighborhood or those noises that would be
disturbing to a reasonable person.
c) Alcohol may not be consumed in common areas except for designated
banquet or reception rooms or areas.

Ordinance No. 1878
Page 4 of 7

3a Page No. 5 of 17

6) Maintain a daily key log. Each key that is found to be missing must have its
corresponding lock re -keyed prior to the unit being rented. Each master key that is found

to be missing will require the establishment to re -key all corresponding locks.
7) Issue parking passes to all vehicles to be allowed to park on the premises with
each pass marked with the issue date and expiration date.
8) Participate in the Fife police department " criminal trespass program."
Participation shall mean the facility shall be registered in the " criminal trespass
program."

9) Remove all graffiti and repair all vandalism within seven days of occurrence.

10) Permit an annual inspection by the city of Fife building official to ensure that
guestrooms are maintained according to applicable building and fire codes, and health
department regulations.

11) Follow crime prevention through environmental design ( CPTED) standards

for landscaping/plant maintenance. These standards will be provided by the Fife police
department.

12) Install lighting in all common areas with minimum maintained lighting of 1. 5
foot -candles at ground level.

13) Install and operate video monitoring equipment in all parking lots, monitored
and recorded at the front desk 24 hours per day, seven days per week.
14) Have a licensed, armed and uniformed security guard on the premises every
day from 6: 00 p.m. until 6: 00 a.m.
15) Submit to scheduled semi -annual audits by the city of Fife police department
to verify compliance with the above -referenced requirements.
5. 04.080 Revocation of business license.

If the chief of police finds that any transient accommodation has violated or failed to
comply with any provisions of this chapter, the chief shall make a written record of such

finding and shall specify therein the particulars, and will inform the Fife license officer.
Upon recommendation of the chief of police, the city license officer may revoke or deny
of

renewal

the

accommodation.

of

city

Fife

business

license

endorsement

for

that

transient

Revocation or denial of renewal of the transient accommodation

business license endorsement under this chapter shall require revocation of the hotel' s or
motel' s

city of Fife general business license under FMC 5. 01. 155.

The license officer

will provide the transient accommodation with notice of the decision to revoke the city of
Fife business license as required under FMC 5. 01. 155 and 5. 04. 070.
5. 04. 085

Subsequent

applications

for

business

licenses

and

endorsements —

Conditions of approval.

1) The conditions of approval of any subsequent application for a business

license or endorsement to operate a transient accommodation on the same property
following a period of revocation or denial of renewal of a transient accommodation' s

Ordinance No. 1878
Page 5 of 7

3a Page No. 6 of 17

business license shall be based upon the transient accommodation property' s history of
annual calls for service prior to the revocation.

2) No subsequent application for a business license or endorsement to operate a

transient accommodation on the same property following a period of revocation or denial
of renewal shall be approved unless the applicant presents a corrective action plan, to the
reasonable satisfaction of the chief of police and the city manager, to assure that the
conditions and causes of the prior revocation or denial of renewal have been or will be

eliminated. Such corrective action plan must, at a minimum, include the following:
a) All employees of the applicant shall be required to attend a four -hour

crime prevention training class taught be law enforcement personnel; and
b) The transient

accommodation

property

must

pass

a

full " Crime

Prevention Through Environmental Design ( CPTED)"

inspection by law enforcement
personnel demonstrating that the property meets minimum security requirements.
5. 04. 090 Appeals.

Upon notice of revocation or denial of renewal of a business license based upon the
provisions of this chapter, the transient accommodation operator shall be entitled to

appeal to the hearing examiner under FMC 5. 01. 155, and the provisions of the hearing
examiner code, chapter 2. 92 FMC. The applicant or license holder must appeal as
required under

FMC 5. 01. 155( B), filing a notice of appeal within 10 days of the decision

that is being challenged.
5. 04. 100 Violations, enforcement and penalties.

1) Remedies Cumulative. The remedies provided for herein for failure to comply
with this chapter shall be cumulative and in addition to any other remedy at law or equity.
2) Continuing Annual Calls for Police Service Greater Than 0. 60 Calls per Unit.
It is a violation of this chapter, if, after imposition of all of the requirements of FMC
5. 04. 070

for

the annual calls for service to the transient
accommodation continue to be greater than 0. 60 per year.
a

period

of

one

year,

3) Civil Infraction. A violation of or failure to comply with this chapter is a Class
1 civil infraction and the city may enforce this chapter and seek fines and penalties in
accordance with the provisions of chapter 1. 24 FMC.

4) Separate Offense. Each day upon which a violation of this chapter occurs
constitutes a separate offense.

5) Criminal Offense —
Misdemeanor

for Allowing or Permitting Nuisance. A

violation of this chapter also constitutes a public nuisance and every person who allows

or permits a transient accommodation to operate in violation of this chapter is guilty of a
misdemeanor.

6) Nuisance Abatement —

Enforcement by Civil Action. The city manager may
also seek legal or equitable relief to enjoin any acts or practices and abate any condition
which may constitute a nuisance or a violation of this chapter.

Ordinance No. 1878
Page 6 of 7

3a Page No. 7 of 17

5. 04. 110 Adjustment of Thresholds

Every two years, the City Council shall endeavor to review, and if deemed appropriate,
adjust the calls for service thresholds set forth in FMC Sections 5. 04. 050 through
5. 04. 070.
Section 3.

Each and every provision of this Ordinance shall be deemed severable.

In

the event that any portion of this Ordinance is determined by final order of a court of competent

jurisdiction to be void or unenforceable, such determination shall not affect the validity of the
remaining provisions thereof provided the intent of this Ordinance can still be furthered without the
invalid provision.
Section 4.

This Ordinance

shall

be in full force

and

effect

five ( 5)

days after

by law. A summary of this Ordinance may be published in lieu of the
entire Ordinance, as authorized by State law.

publication as required

Introduced the /?'

2014.

day of ,

Passed by the City Council on the

y

day of

2014.

Subir Mukerjee, Interim City Manager

ATTEST:

4

Carol Et: n,
City Cler

Loren D. Combs, City Attorney

Published:
Effective Date:, ,

c /

j

/,

, 2014

Ordinance No. 1878
Page 7 of 7

3a Page No. 8 of 17

CITY OF FIFE, WASHINGTON
ORDINANCE NO. 1879

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FIFE, PIERCE COUNTY, WASHINGTON, ADDING A
NEW CHAPTER 8. 06 TO THE FIFE MUNICIPAL CODE
OF

REGARDING

ABATEMENT

TRANSIENT

ACCOMMODATION

AMENDING

SECTION

CHRONIC

NUISANCE

PROPERTIES

5. 01. 150 REGARDING

AND

BUSINESS

LICENSES

WHEREAS, the City of Fife has the statutory and police power authority to define and abate
nuisances and punish practices dangerous to the public health and safety; and

WHEREAS, a disproportionate amount of nuisance activity in the City occurs at hotels and
motels ( collectively known as transient accommodation properties),

compared to other uses; and

WHEREAS, the City Council desires to enact local legislation to supplement existing
legislation and define penalties for chronic nuisance transient accommodation properties; and

WHEREAS, the City Council fords that nuisance activities at transient accommodation
properties can greatly impact quality of life, that chronic nuisance activities can convey the message
that an area may be vulnerable to crime and unsafe, and that controlling nuisance activities at
transient accommodation properties enhances safety and quality of life in the community; and

WHEREAS, the City Council fords that provisions of this Ordinance are necessary for the
public health, safety and welfare; now therefore

THE CITY COUNCIL OF THE CITY OF FIFE, PIERCE COUNTY, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1.

A new Chapter 8. 06 is hereby added to the Fife Municipal Code, titled " Chronic

Nuisance Transient Accommodation Properties" to read as follows:
Chapter 8. 06 CHRONIC NUISANCE TRANSIENT ACCOMMODATION
PROPERTIES

8. 06. 010 Definitions
Ordinance No. 1879
Page 1 of 9

3a Page No. 9 of 17

For purposes of this chapter, the following words or phrases shall have the
meaning prescribed below:
1) "

Abate"

means to repair, replace, remove, destroy, or otherwise remedy a

condition which constitutes a violation of this chapter by such means and in such a
manner and to such an extent as the chief of police determines is necessary in the interest
of the general health, safety and welfare of the community.
2) "

Chief of police" means the chief of the Fife police department or his or her

designees.

3) "

Control"

means the power or ability to direct or determine conditions,

conduct, or events occurring on a property.
4) "
Chronic nuisance transient accommodation property" means:

A transient accommodation property on which 0.27 or more nuisance
lodging unit as described in subsection ( 5) of this section exist or have
A.

activities

per

occurred during any sixty -day period or 0. 76 or more nuisance activities have occurred
during any twelve -month period, or
B.

A transient

accommodation

property

which,

upon a request for

execution of a search warrant, has been the subject of a determination by a court two or
more times within a twelve -month period that probable cause exists that illegal

possession, manufacture or delivery of a controlled substance or related offenses as
defined in RCW Chapter 69. 50 has occurred on the property.
5) "

Nuisance activity" includes:
A.

A " most serious offense" as defined in RCW 9. 94A.030;

B.

Any activity which constitutes a violation of chapter 69.41, 69. 50, or 69. 52

RCW, or FMC Chapters 9. 20 or 9. 21.
C.

Any of the following activities, behaviors or criminal conduct:

Assault, harassment or reckless endangerment, as defined in FMC Title 9;
Assault in the third degree as defined in RCW 9A.36. 031;

Permitting,

promoting,

patronizing,

advancing

or

profiting

from

prostitution as defined in RCW Chapter 9A. 88;

Prostitution as defined in RCW Chapter 9A. 88;

Obstructing pedestrian or vehicular traffic, as defined in FMC 9. 37.020;
Failure to disburse, as defined in RCW 9A.84. 020;
Weapons violations, as defined in RCW Chapter 9.41;

Drug loitering, as defined in FMC Chapter 9. 22;
Prostitution loitering as defined in FMC Chapter 9. 23;
Child molestation in the third degree as defined in RCW 9A.44. 089;

Sexual misconduct with a minor as defined in RCW 9A.44. 093 or
9A.44. 094;

6) "

Criminal street gang- related offense" as defined in RCW 9. 94A.030.
Owner" means any person who, alone or with others, has title or interest in

any property.

Ordinance No. 1879
Page 2 of 9

3a Page No. 10 of 17

Person"

7) "

means

an

individual,

group

of

individuals,

corporation,

partnership, association, club, company, business trust, joint venture, organization, or any
other legal or commercial entity or the manager, lessee, agent, officer or employee of any
of them.

8) "

Person in charge" of a property means the owner and, if different than the
owner, any other person in actual or constructive possession of a property, including but
not limited to a lessee, tenant, occupant, agent, or manager of a property under his or her
control.

9) " Transient

facility such as a hotel, motel,
condominium, resort, or any other facility or place offering six or more lodging units to
guests for periods of less than thirty days, but shall not include jails, hospitals, asylums,
accommodation"

means

any

sanitariums, orphanages, prisons, detention homes, and similar facilities.
10) "

Transient Accommodation Property" means any land containing a facility
for transient accommodation, including associated parking area, recreation area, loading
area, landscaping, or other amenities.
11) "

RCW" means the Revised Code of Washington.

12) "

Lodging unit" shall mean one self -contained unit designated by number,

letter or some other method of identification.
8. 06. 020 Violation.
A.

Any property within the city of Fife which is a chronic nuisance transient
accommodation property is in violation of this chapter and subject to its remedies;
B.
Owners and other persons in charge who permit property to be a chronic
nuisance transient accommodation property shall be in violation of this chapter and
subject to its remedies; and
C.

An owner who fails to comply with FMC 8. 06. 035 is in violation of this
chapter and may be subject to penalties pursuant to FMC 8. 06.050.
8. 06. 030 Declaration of chronic nuisance property and procedure.
A.
The chief of police may declare that a property is a chronic nuisance transient
accommodation property, as defined in this chapter, when there are specific facts and
circumstances documenting ( 1)
the occurrence of 0. 27 or more nuisance activities per
lodging unit on a property within sixty days or 0. 76 or more nuisance activities per
lodging unit within a twelve -month period, or ( 2) activity on a property as described in
FMC 8. 06. 010( 4)( B). The chief of police shall provide written notice of this declaration

to the persons in charge of the property. The notice shall be sent by first class mail or
personally served, and a copy shall be sent by certified mail. The notice shall contain:
1.

The street address or a legal description sufficient for identification of the

property;
2.

A declaration that the chief of police has determined the property has
become a chronic nuisance property with a concise description of the nuisance activities

that exist or that have occurred;

Ordinance No. 1879
Page 3 of 9

3a Page No. 11 of 17

A notice that the owner and other persons in charge of the property are
subject to monetary penalties as set forth in FMC 8. 06. 050;
3.

4.

A demand that the owner and other persons in charge respond to the chief of

police within seven days of service of the notice to discuss a course of action to correct
the nuisance;

5.

A notice that, if the person in charge does not respond to the chief of police

as required in this section, or if the matter is not voluntarily corrected to the satisfaction
of the chief of police, the city may file an action to abate the property as a chronic

nuisance transient accommodation property pursuant to FMC 8. 06. 060 and/ or take other
action against the property or person in charge.
B.

When a notice is issued pursuant to this section to a person in charge, other than

an owner or an owner' s agent, who has permitted a property to become a chronic

nuisance transient accommodation property, a copy of such notice shall also be sent by
first class mail or personally served on the owner of the property, and a copy shall be sent
by certified mail.
C.
If the owner or person in charge responds as required by the notice issued
pursuant to subsection A of this section and agrees to a course of action to abate the

nuisance activities, a written correction agreement conforming to the requirements of
FMC 8. 06. 040 shall be executed.
D.

If (1)

the agreed course of action does not result in the abatement of nuisance

activities to the satisfaction of the chief of police within thirty days of issuance of the
notice pursuant to subsection A of this section, or within such longer period as permitted

in writing by the chief of police, or ( 2) the person in charge fails to respond as required
by the notice, the chief of police may refer the matter to the city attorney for initiation of
proceedings pursuant to FMC 8. 06. 060.

8. 06. 035 Owner cooperation.

An owner who receives a copy of a notice pursuant to FMC 8. 06. 030( B) describing a
chronic nuisance transient accommodation property permitted by a person in charge other

than the owner or the owner' s agent shall promptly take all reasonable steps requested in
writing by the chief of police to assist in abatement of the nuisance property. Such
reasonable steps may include the owner taking all actions and pursuing all remedies,
including pursuing eviction of the person in charge, that are ( 1)

available to the owner

pursuant to any lease or other agreement, and ( 2) consistent with state and local laws.
8. 06. 040 Correction agreement.

A correction agreement is a contract between the city and the person in
charge of the chronic nuisance transient accommodation property in which such person
agrees to promptly take all lawful and reasonable actions, which shall be set forth in the
A.

agreement, to abate the nuisance activities within a specified time and according to

specified conditions. The agreement shall be signed by the person in charge and, if
different, the owner. The agreement shall include the following:
Ordinance No. 1879
Page 4 of 9

3a Page No. 12 of 17

1.

The name and address of the person( s) in charge of the property;

2.

The street address or a description sufficient for identification of the

property, building, structure, or land upon or within which the nuisance is occurring;
3.

A description of the nuisance activities;

4.

The necessary corrective action to be taken, and a date or time by

which correction must be completed;

An agreement by the person in charge that the city may inspect the

5.

property as may be necessary to determine compliance with the correction agreement;
6.
An agreement by the person in charge that the city may abate the
nuisance and recover its costs, expenses and monetary penalties pursuant to this chapter
from the person in charge for abating the nuisance if the terms of the correction
agreement are not met; and

When a person in charge, other than an owner or an owner' s agent,

7.

has permitted a property to be a chronic nuisance transient accommodation property, an

agreement by the owner to promptly take all acts and pursue all remedies requested by
the chief of police pursuant to FMC 8. 06. 035.
B.

Corrective action may include, but is not limited to, one or more of the

following:
Have a representative available on the premises at all times.

1.

Install and operate a surveillance camera ( with recorder) in the lobby
for 24 hours per day, seven days per week.
3. Provide the Fife police department with the names and dates of birth of
all owners, managers, and employees to allow for background checks.
2.

4.

Hold semi -annual employee training sessions, assisted by the Fife

police department.

5. Provide 24 -hour front desk personnel.
6. Enforce the following guest rules:

a) Units cannot be rented for less than a six -hour period.

b) No unit may be used for drunkenness, fighting, or breaches of the
peace. No unit may be used if loud noises come from that unit. Loud noises are those
noises that disturb the tranquility of the neighborhood or those noises that would be
disturbing to a reasonable person.

c) Alcohol may not be consumed in common areas except for designated
banquet or reception rooms or areas.
7.

Maintain a daily key log. Each key that is found to be missing must

have its corresponding lock re -keyed prior to the unit being rented. Each master key that
is found to be missing will require the establishment to re -key all corresponding locks.
Issue parking passes to all vehicles to be allowed to park on the

8.

premises with each pass marked with the issue date and expiration date.
9.
Participation

Participate in the Fife police department " criminal trespass program."

shall

mean

the

facility

shall

be

registered

in

the "

criminal

trespass

program."

Ordinance No. 1879
Page 5 of 9

3a Page No. 13 of 17

10. Remove all graffiti and repair all vandalism within seven days of
occurrence.

Permit an annual inspection by the city of Fife building official to
ensure that guestrooms are maintained according to applicable building, fire, an health
11

code regulations.

12.

Follow

prevention

crime

through

design ( CPTED)

environmental

standards for landscaping/plant maintenance. These standards will be provided by the
Fife police department.

13. Install lighting in all common areas with minimum maintained lighting
of 1. 5 foot -candles at ground level.

14. Install and operate video monitoring equipment in all parking lots,
monitored and recorded at the front desk 24 hours per day, seven days per week.
15. Have a licensed, armed and uniformed security guard on the premises

every day from 6:00 p.m. until 6:00 a.m.
16. Submit to scheduled semi -annual audits by the city of Fife police
department to verify compliance with the above -referenced requirements.
17. Undergo a Fife police department crime prevention assessment of their

property to be conducted by the Fife police crime prevention unit using standards from
the crime prevention through environmental design (CPTED) program.
8. 06.050 Penalties.
A.

Except as provided in this section, in addition to any other sanction or

remedial procedure that may be available, the person in charge is subject to a penalty of

up to five hundred dollars per day from the date of the notice issued pursuant to FMC

8. 06.030(A) until the chief of police confirms that the property is no longer a chronic
nuisance transient accommodation property.
B.

If the agreed course of action results in the abatement of nuisance activities

to the satisfaction of the chief of police within thirty days of the notice issued pursuant to
FMC 8. 06.030( A), or such longer period allowed by the chief of police pursuant to FMC
8. 06. 030( D), the matter shall not be referred to the city attorney and the person in charge
shall not be subject to any penalty pursuant to this chapter.

An owner who fails to comply with FMC 8.06.035 is subject to a civil
penalty of up to twenty -five thousand dollars.
C.

8. 06. 060 Commencement of action —Enforcement.

Upon referral pursuant to FMC 8. 06. 030, the city attorney may initiate an action
in

any

court

of

competent

jurisdiction

to

abate

a

chronic

nuisance

transient

accommodation property, to impose penalties pursuant to this chapter, to seek alternative

remedies under city or state laws and seek any other relief authorized by law.
8. 06. 070 Burden of proof.

Ordinance No. 1 879
Page 6 of 9

3a Page No. 14 of 17

In an action against a person in charge to abate a chronic nuisance transient
accommodation property or to recover penalties authorized by this chapter, the city shall

have the burden of proof to show by a preponderance of the evidence that the property is
a chronic transient accommodation nuisance property pursuant to this chapter.

In an action against an owner to recover penalties authorized by FMC

8. 06. 050( D),

the city shall have the additional burden to prove by a preponderance of the

evidence that the owner failed to comply with FMC 8. 06.035. Copies of police incident
reports and reports of other city departments documenting nuisance activities shall be

admissible in such actions. Additionally, evidence of a property' s general reputation and
the reputation of persons residing in or frequenting the property shall be admissible in
such actions.

8. 06. 080 Remedies.
A.

If

the

court

determines

a

property

is a chronic

nuisance transient

accommodation property pursuant to this chapter, the court may order any of the
following: ( 1) order the person in charge to immediately abate nuisance activity from
occurring on the property, ( 2) order that the chief of police shall have the right to inspect
the property to

determine if the court' s orders have been complied with, ( 3) impose a

penalty of up to five hundred dollars per day against the person in charge for each day
from the date the notice pursuant to FMC 8. 06.030(A) was issued until the chief of police
confirms that the property is no longer a chronic nuisance

property, ( 4) order the property

closed and secured against all unauthorized access, use and occupancy for a period up to
one year, (
5) make any other order that will reasonably abate nuisance activities from
occurring on the property, including authorizing the city to take action to abate nuisance
activities from occurring upon the property if other court orders are not complied with or

do not abate nuisance activity on the property and providing that the costs of such city

action are to be paid for by the person in charge of the property. If the court orders
closure of the property, the court may authorize the City to physically secure the premises

and initiate such closure, and provide that the costs for such closure be paid for by the

person in charge of the property.
B.
If the court finds that an owner failed to take all reasonable steps requested in

writing pursuant to FMC 8. 06.035, the court may impose a civil penalty up to twenty -five

thousand dollars.
C.

Any civil penalty and/or costs awarded to the City may be filed with the
city treasurer who shall cause the same to be filed as a lien on the property with the
county auditor.

8.06. 090 Suspension or revocation of business license.

In addition to any other remedy that is authorized by this chapter or other laws,
upon the finding by a court that a property is a chronic nuisance transient accommodation
property pursuant to this chapter, the person in charge is subject to the suspension or

Ordinance No. 1879
Page 7 of 9

3a Page No. 15 of 17

revocation of a business license or other license issued by the city and required at such
property, including but not limited to licenses issued pursuant to FMC Title 5.
8. 06. 100 Review of Thresholds.

Every two years, the City Council shall endeavor to review, and if deemed
appropriate, adjust the sixty -day and annual chronic nuisance thresholds.
Section 2.

Section 5. 01. 150 of the Fife Municipal Code is hereby amended to read as

follows:

5. 01. 150 License suspension or revocation.

In addition to the other penalties provided herein or by law, any license issued
under the provisions of this title may be revoked or suspended, should any or all
of the following apply:
A. The license was procured by fraud, false representation, or material
omission of fact; or

B. The licensee or any of its employees, officers, agents or servants, while
acting within the scope of their employment, violates or fails to comply with any
of the provisions of this title; or

C. The licensee' s continued operation of the business for which the license

was issued has or will result in a danger to the public health, safety or welfare, or
the violation of any federal or state law or any ordinance or regulation of the city;
or

D. The operation of the business for which the license was issued has

resulted in the creation of a public nuisance as defined in the FMC, or state statute
or common law; or

E. The licensee, or any of its employees, officers, agents or servants, has
been convicted in any court of violating any federal, state or city criminal statute
or ordinance upon the business premises stated in the license; or

F. The location at which the business is being conducted does not conform
to city ordinances; or

G. The license is being used for a purpose different from that for which it
was issued; or

H. The property at which the business is located has been determined by a
court to be a chronic nuisance transient accommodation property as provided in
FMC Chapter 8. 06.

Section 3.

Each and every provision of this Ordinance shall be deemed severable.

In

the event that any portion of this Ordinance is determined by final order of a court of competent
jurisdiction to be void or unenforceable, such determination shall not affect the validity of the
Ordinance No. 1879
Page 8 of 9

3a Page No. 16 of 17

remaining provisions thereof provided the intent of this Ordinance can still be furthered without the
invalid provision.
Section 4.

This Ordinance shall be in full force and

publication as required

by law.

effect

five ( 5)

days after

A summary of this Ordinance may be published in lieu of the

entire Ordinance, as authorized by State law.
day of al g • ,

Introduced the

2014.

YJ
Passed by the City Council on the

7 day of

2014.

Subir Mukerjee, Interim City Manager

ATT

ST:

Carol Etg:

Ci y Cler

PROV

ren )

Com. s, City '

Published:

Effective Date; S,L ,

orney

1)

fo
(,

2014

Ordinance No. 1879

Page 9 of 9

3a Page No. 17 of 17

3b
AGENDA BILL
January 16, 2018
SUBJECT:

Bee Clover Project

Presentation
David Cantlin, Parks
PRESENTED BY: Maintenance Manager

FISCAL IMPACT:
PROJECT:

APPROVED BY:

Various

REVENUE SOURCE:

Multiple

ESTIMATED AMOUNT:
SUMMARY/BACKGROUND:
The area between City Hall and the Community Center has been vacant for years. There has not been too much
time or attention placed on improving this site which is sometimes used for overflow parking and a short-cut
between city buildings. The area could be leveled out and look much more appealing by adding clover to the
area, attracting bees which are vital to the environment. This will help turn the current eyesore into a much
greener, vibrant area with future plans of further expanding the Southern City Campus.
Some of the benefits of clover include:
•

It stays green all summer, with little watering. It is relatively drought-tolerant and it greens up early in
spring and remains green until the first frost.

•

It requires little mowing. Clover grows just a few inches tall and requires little mowing to keep it looking
tidy.

•

It attracts beneficial insects (like bees) to your yard which, in turn, help pollinate your garden

•

It never needs fertilizer. Cover is a nitrogen-fixing legume, a plant that essentially creates its own
fertilizer.

•

It never needs herbicides. In fact, most herbicides kill it.

•

It out-competes other weeds. It has a dense root structure that allows it to easily out-compete most
other weeds and reduce the need for weeding and expensive herbicides.

Some disadvantages may include:
•

It is not durable enough for playing fields or high traffic areas, unless mixed with grass.

ATTACHMENTS:
Attachment 1: Aerial of area between City Hall and the Community Center
Attachment 2: Bee Clover Powerpoint Presentation
STAFF RECOMMENDATION:
Move forward on the Bee Clover Program in the vacant land between the Community Center and City Hall.
3b Page No. 1 of 9

ALTERNATIVES:

RECOMMENDED MOTION:

3b Page No. 2 of 9

Attachment 1

3b Page No. 3 of 9

BEE CLOVER PROGRAM

3b Page No. 4 of 9

Clover is not a weed!

3b Page No. 5 of 9

BENEFITS OF CLOVER
Clover self-fertilizes by putting nitrogen into the soil.
Clover prevents other broadleaf weeds from infesting.
Clover is drought tolerant.
Clover stays green after turf brown out.
Clover helps to reduce soil compaction.
Clover is a pollinator food.
3b Page No. 6 of 9

BEE CLOVER PROGRAM

3b Page No. 7 of 9

BEE CLOVER PROGRAM STARTING POINT

3b Page No. 8 of 9

BEE CLOVER PROGRAM

3b Page No. 9 of 9

4
Upcoming Agendas

January 19-20, 2018 – Special Meeting (Council Retreat)
Cedarbrook Lodge, SeaTac
January 23, 2018 – Regular Meeting
•
•
•
•
•
•
•
•
•

Presentation – 2018 Planning Commission Work Plan
Presentation – 2018 Parks Board Proposed Work Plan
Presentation – 2018 Tree Commission Proposed Work Plan
Presentation – 2018 Arts Commission Work Plan
Resolution No. * - BergerABAM Consultant Agreement for POTR
Resolution No. * - KPG Consultant Agreement for SR99
Resolution No. * - Setting a Public Hearing Date for the Love’s Vacation
Resolution No. * - Setting a Public Hearing Date for the Benaroya Vacation
New Business – Appointments to Boards/Commissions

February 13, 2018 – Regular Meeting
•
•
•
•
•
•
•

Consent – Approval of 2018 Planning Commission Work Plan
Consent – Approval of 2018 Parks Board Proposed Work Plan
Consent – Approval of 2018 Tree Commission Proposed Work Plan
Consent – Approval of 2018 Arts Commission Work Plan
Presentation – Building Abatement Amendment
Resolution No. * - Award Contract of SR 99 Project
New Business - Appointment of Council Liaisons to Committees

February 20, 2018 – Study Session
•
•

PRA/OPMA/Records Retention Training and Technology Uses Policy
Council Chamber Technology Overview

NOTES:

NOTES: