1 Ordinance No. 1455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE AMENDING PORTIONS OF CHAPTER 9.50 OF THE MARYSVILLE MUNICIPAL CODE The City Council of the City of Marysville does ordain as follows:
SECTION ONE.
Subdivision (b) of Section 9.50.060 of the Marysville Municipal Code is amended to read in its entirety as follows:
9.50.060 RESPONSIBILITY FOR PROPERTY MAINTENANCE.
(b) Every occupant, lessee, property manager or holder of any interest in property, other than as owner thereof, is required to maintain such property in the same manner as is required by the owner thereof, and the duty imposed by this Section on the owner thereof shall in no instance relieve those persons from the similar duty.
SECTION TWO.
Subdivision (c) is hereby added to Section 9.50.060 of the Marysville Municipal Code to read in its entirety as follows:
9.50.060 RESPONSIBILITY FOR PROPERTY MAINTENANCE.
(c) Other responsible persons shall be required to maintain such property in the same manner as required by the Owner described in subsection (a) above. As used in this subsection “Other Responsible Persons” means any officer, member, manager, employee, director, shareholder, partner, or other person having control or supervision of, or who is charged with the responsibility for, the operation of the corporation, partnership, limited partnership, limited liability partnership, or limited liability company who possesses the authority, individually or collectively with others, to direct actions of the entity for which they are a “responsible person,” to comply with Chapter 9.50 of this Code.
2 SECTION THREE:
Section 9.50.070 of the Marysville Municipal Code is amended to read in its entirety as follows:
9.50.070 HEARING EXAMINER PANEL. In order to hear cases brought by the enforcement officer, under the provisions of this chapter, the City Counsel shall appoint by resolution or ordinance, a hearing panel of examiners. Such examiners shall serve at the pleasure of the City Council. A panel of three such hearing examiners shall be randomly selected to hear an appeal of a Notice and Order issued pursuant to Section 9.50.160 of this Code. Any reference in this chapter to a “hearing examiner” shall be deemed to reference a panel of three hearing examiners.
In the alternative, the City Council may serve as the hearing examiner panel.
SECTION FOUR.
Subdivision (f) of Section 9.50.090 of the Marysville Municipal Code is amended to read in its entirety as follows: 9.50.090 DEFINITIONS.
(f) “Owner” means the owner of record of real property, occupant, lessee, property manager, or interested holder in the same, as well as other responsible persons all as defined in Section 9.50.060 of this Code, as the case may be including the owner of real property whereon a vehicle(s) or part(s) thereof is located.
SECTION FIVE.
Subsection (c) is hereby added to Section 9.50.210 of the Marysville Municipal Code to read in its entirety as follows:
9.50.210 FAILURE TO OBEY ORDER - ABATEMENT BY CITY
(c) Notwithstanding subdivision (a) of this section, upon ten (10) days written notice to those persons or entities the subject of a notice and order, or subject to any order of a hearing 3 examiner panel, an enforcement officer may enforce a Notice of Violation and Penalty Order or any order of a hearing examiner panel before the same has become final unless enjoined by a court of competent jurisdiction. When considering an injunction, the Court shall be guided by the law generally applicable to issuance of an injunctive order, to include without limitation the probability of the applicant’s success on the merits as well as an appropriate undertaking should an injunction issue.
SECTION SIX. There is hereby added to the Marysville Municipal Code Section 9.50.251 to read in its entirety as follows:
9.50.251 DEFINITION OF PERSON LIABLE TO PAY. The phrase “person liable to pay” as used in Section 9.50.250 of this code includes all those persons defined in Section 9.50.060.
SECTION SEVEN. Retroactivity.
The City Council of the City of Marysville declares that the amendments and definitions to the Marysville Municipal Code which are the subject of this ordinance shall apply retroactively.
SECTION EIGHT. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City of Marysville hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION NINE. Effective Date.
This Ordinance shall take effect 30 days after its adoption. 4 The foregoing Ordinance was passed by the City Council of the City of Marysville on the 20th day of August, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Chris Branscum
Mayor
ATTEST:
_____________________________
Maggie Sanchez
Deputy City Clerk
Attestation Date:________________