New laws look to tidy things up

By Cathy Logg

Herald Writer

MOUNTLAKE TERRACE — City officials have adopted new laws to eliminate the blight of homes that look like junkyards, and streets and driveways that resemble auto repair lots.

The city council has revised its nuisance and animal control codes, and added a new parking ordinance.

The old laws were antiquated and ineffectual, police chief Scott Smith said.

The legal changes, put in place in late 2001, put teeth in laws to allow the city to deal with situations that affect the community’s appearance, health and safety, and chronic parking problems, he said.

Issuing parking tickets posed a particular problem, commander Steve Foster said. State law doesn’t allow the registered owner to be charged instead of the driver. The driver may be unknown, so the city had to adopt its own ordinance to allow a parking ticket to be charged to the vehicle’s owner.

Police get constant parking complaints, such as in the area around Mountlake Terrace High School, where students often park in the wrong direction, Smith said.

The biggest changes involve the nuisance and zoning codes to add some things never covered before, Foster said. The new law prohibits junk vehicles from remaining on residential properties.

"We have a number of houses where people have created nothing more than a mudhole," Smith said. "For years, the city has been attempting to get a handle on the homes that are perpetual junkyards. We’ve been a dumping ground for junked cars on the streets."

Allowing junk or inoperable vehicles follows the "broken window" theory: If you allow a building to deteriorate, other buildings will begin to be neglected and the public perceives that people don’t care, which allows crime to increase as the public image deteriorates, Foster said.

"We don’t want blocks of neighborhoods that present themselves in an unsightly manner," Smith said. "We’re not talking about aesthetics, we’re talking about a nuisance."

Vehicles on residential properties now must be parked on improved surfaces, not on grass or dirt, they must be parallel to the driveway, and commercial vehicles may not be parked on the street or city right-of-way for more than 24 hours.

The city decriminalized most animal control laws, such as those regarding dogs at large or barking dogs, making them civil matters instead of criminal. Now the city no longer has to pay a filing fee and get a court date. Appeals of civil cases will be heard by a hearing examiner, and the civil hearings program will be supported by the fines, Foster said.

Animal control violations that are public safety issues, such as harboring vicious animals or allowing sick animals to run free, will remain criminal misdemeanors. The city also adopted a new state law that makes it a felony for other dogs to interfere with or injure a service dog. That law was named for Mountlake Terrace resident Hy Cohen’s guide dog, Layla, Smith said.

Violations of city code regarding the number and types of animals allowed also are civil cases now.

To help residents understand the new laws, the city is mailing out pamphlets along with water bills.

Police also have been marking cars in violation of the new laws and handing out information sheets to people with nuisance problems in their yards, Foster said. Two weeks after the pamphlets go out, city staff will survey the neighborhoods and note the violations, then send a letter to the people responsible, noting what needs to be done.

Two weeks after the letter, staff again will survey the neighborhoods to check for compliance, make personal contact if necessary, and try to agree on a voluntary compliance contract. If residents don’t fix the problem on their own, police will go back and issue citations.

"The goal here is compliance, not enforcement," Smith said. "We’re anticipating a lot of violations."

When city staff made their first survey of one-eighth of the city, they found 126 violations, he said.

Nuisance and animal control violations carry a $50 fine, as do parking violations, although the parking violations are cut in half if paid within 24 hours. Violations double if not paid within 15 days. In another 15 days, they’re turned over to a collection agency.

"We are not fooling around," Smith said. "But we are going to give you every reasonable opportunity to fix the problem."

In extreme cases, the city can pursue civil abatement or put a lien on the property, Smith said.

Kyle McMurtry recently moved to Mountlake Terrace from Leavenworth and hadn’t heard about the ordinance changes. Prior to Leavenworth, he lived in Wenatchee, where he said the problem is worse.

"It’s everywhere," he said. "There are certain houses. I hate looking at a yard and seeing it filled with junk. (Mountlake) Terrace is an old area. I would love to see it work."

You can call Herald Writer Cathy Logg at 425-339-3437

or send e-mail to logg@heraldnet.com.

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