Chapter 14.130
ENFORCEMENT
Sections:
14.130.010 Purpose.
14.130.020 Violations further defined.
14.130.030 Nature of violation – Penalties.
14.130.040 Right of inspection.
14.130.050 Stop work order.
14.130.060 Voluntary correction.
14.130.070 Notice of civil violation.
14.130.080 Appeal.
14.130.090 Hearing examiner’s options in assessing monetary penalties.
14.130.100 Collection – Lien.
14.130.110 Abatement by city – Lien.
14.130.120 Abatement by city – Unfit dwellings, buildings, and structures.
14.130.130 Other recourse.
14.130.140 Police shall enforce.
14.130.010 Purpose.
The purpose of this chapter is to provide fair, effective means of enforcing the development code, BLMC Titles 14 through 19. (Ord. 988 § 2, 2003).
14.130.020 Violations further defined.
A. It shall be a violation of this development code to:
1. Violate any of its provisions;
2. Proceed with a development without first obtaining a required permit;
3. Violate any condition of a permit issued pursuant to this development code;
4. Violate any order issued pursuant to this development code;
5. Aid or abet a violation of this development code;
6. Knowingly falsify any document required by this development code; or
7. Falsify or tamper with any monitoring device or record required in the administration of this development code.
B. Proof that a violation of the development code exists on a property shall constitute prima facie evidence that the owner of the property is the violator. However, this shall not relieve or prevent enforcement against any other responsible person.
C. Each day of violation shall constitute a separate offense. (Ord. 988 § 2, 2003).
14.130.030 Nature of violation – Penalties.
A. Any violation of this development code shall be a misdemeanor and a civil violation. See Chapter 1.16 BLMC for misdemeanor penalties. The penalty for a civil violation shall be $1,000 for each day of violation.
B. Violations of this development code may also be nuisances. See BLMC Title 8.
C. The penalties assessed in this chapter are in addition to any investigation fees provided in the building code. In the event of a conflict between the penalty provisions of this chapter and the building code, this chapter shall control.
D. Payment of a penalty does not relieve the violator of the duty to correct the violation. (Ord. 988 § 2, 2003).
14.130.040 Right of inspection.
The director(s) may inspect buildings, structures or premises for compliance with this development code as allowed by law. (Ord. 988 § 2, 2003).
14.130.050 Stop work order.
The director(s) may order any development activity stopped if:
A. A required permit was not obtained;
B. The work violates the development code or any permit condition;
C. The permit was based on erroneous information submitted by the applicant; or
D. The work has become a hazard to life or property due to weather or other unforeseen conditions. (Ord. 988 § 2, 2003).
14.130.060 Voluntary correction.
A. If the director(s) determines that a violation of this development code has occurred, the director(s) shall attempt to secure voluntary correction prior to issuing a notice of civil violation; provided, that the director(s) may immediately issue a notice of civil violation if:
1. An emergency exists;
2. A repeat violation occurs;
3. The violation creates a condition which cannot be corrected; or
4. The person knew or reasonably should have known that the action is in violation.
B. In attempting to secure voluntary correction, the director(s) shall contact the alleged violator, explain the violation, and request correction.
C. The director(s) and alleged violator may enter into a voluntary correction agreement containing the location and nature of the violation, a reference to the violated code provision(s), and the necessary correction and time limit. The director(s) may extend the time limit if the violator shows due diligence. The director(s)’s decisions with respect to voluntary correction agreements may not be appealed. (Ord. 988 § 2, 2003).
14.130.070 Notice of civil violation.
A. Subject to the provisions of BLMC 14.130.060, the director(s) may issue a notice of civil violation to the alleged violator. Said notice represents a determination that a violation of this development code has been committed. This determination is final unless appealed as provided herein. The notice of civil violation shall include:
1. The name of the person to whom it is directed;
2. The street address or other identification of the premises where the violation has occurred;
3. A description of the violation and a reference to the violated code provision(s);
4. If a correctable violation has not been corrected, an order to take specific corrective action(s) by a given time;
5. A statement of the penalty for violation. If the notice of civil violation includes an order to take corrective action(s) by a given time, the notice may state that the penalty will begin to accrue at that given time;
6. If the violation is ongoing, a statement that the notice is a continuing notice and that daily notices shall not be necessary to assess the daily penalty; and
7. A statement that the notice may be appealed as provided in BLMC 14.130.080.
B. The director(s) shall serve the notice of civil violation upon the person to whom it is directed either personally or by mailing a copy to their last known address. If after due diligence the director(s) cannot personally serve the notice nor ascertain an address, the director(s) shall serve the notice by posting it conspicuously on the premises. The person serving the notice shall state in writing, under penalty of perjury, the time, date, and manner of service, and, if by posting, the facts showing due diligence in attempting to serve personally or by mail. (Ord. 988 § 2, 2003).
14.130.080 Appeal.
A. Notices of civil violation may be appealed to the hearing examiner. See BLMC 14.120.020 for the appeal deadline, procedure, and fee. The appeal may contest that a violation occurred, the penalty, and/or the corrective action ordered. The appeal fee shall be refundable if the appellant prevails in the appeal.
B. The hearing examiner shall conduct a hearing on the appeal. The director(s) and the alleged violator may participate in the hearing and call witnesses.
C. The hearing examiner shall:
1. Prepare findings regarding whether a preponderance of evidence shows that the violation occurred and the required corrective action is reasonable; and
2. Accordingly affirm, vacate, or modify the particulars of the notice of civil violation.
D. The hearing examiner shall mail a copy of the determination to the affected party within 15 days of the hearing.
E. Any appeal of the hearing examiner’s determination must be filed with superior court within 20 days from the date of the mailing of the hearing examiner’s determination. (Ord. 988 § 2, 2003).
14.130.090 Hearing examiner’s options in assessing monetary penalties.
A. The hearing examiner may assess daily monetary penalties as of:
1. The earliest proven date of violation;
2. The date by which correction was to be completed according to the voluntary correction agreement if applicable;
3. The date of the notice of civil violation; or
4. The date by which the notice of civil violation ordered corrective action(s) to be taken.
B. The hearing examiner may reduce the penalty based on the following considerations:
1. Whether the violation was a first violation;
2. Whether the violator showed due diligence in correcting the violation;
3. Whether the penalty is more than necessary to:
a. Neutralize any profit enjoyed by the violator as a result of the violation;
b. Make the public whole for environmental or other damages suffered as a result of the violation; and
c. Recompense the city for the costs of enforcement; and
4. Other relevant factors.
C. The hearing examiner may increase the monetary penalty by a factor of up to five if the violation was a repeat violation. (Ord. 988 § 2, 2003).
14.130.100 Collection – Lien.
A monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Assessed penalties shall be paid to the city clerk within 15 days from the date of mailing of the hearing examiner’s determination that penalties are due. The city may take all legal means to collect penalties, including turning the penalty over to a collection agency, recording the notice of civil violation against the Pierce County auditor’s records of the property on which the violation occurred, and/or filing a lien as provided by law against the property on which the violation occurred. (Ord. 988 § 2, 2003).
14.130.110 Abatement by city – Lien.
A. The city may abate a civil violation, including any resulting environmental damage, if:
1. The violation occurs on public right-of-way or city-owned land;
2. A public safety emergency exists; or
3. A competent authority authorizes such abatement.
B. The costs of abatement pursuant to BLMC 14.130.110(A) shall be billed to the person responsible for the violation and/or the owner, lessor, tenant of the premises, and shall become due and payable to the city clerk within 15 days. The costs of abatement shall include direct and indirect personnel costs; attorney’s fees; hauling, storage and disposal expenses; costs incurred hiring and supervising contractors; and other actual costs.
C. To recoup abatement costs, the city may file a lien or tax lien as provided by law against the property on which the violation occurred.
D. If an illegal sign or portable structure is located on public property or presents an immediate hazard to the public safety as defined in Chapter 8.28 BLMC, the director(s) may impound such sign or structure without notice. Recovery of said sign or structure shall be subject to payment of a fee of $100.00 or the city’s actual cost in removing and storing the sign or structure, whichever is higher. No cause of action shall be maintained against the city for damage to signs or structures impounded in accordance with this subsection. (Ord. 988 § 2, 2003).
14.130.120 Abatement by city – Unfit dwellings, buildings, and structures.
A. The city of Bonney Lake finds that there exist in its territorial limits unfit dwellings, buildings, and structures as defined in RCW 35.80.010.
B. The hearing examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the city of Bonney Lake. A dwelling, building, structure, or premises is dangerous or injurious when, among other situations, it is vacant for an extended period and persistently or repeatedly becomes unprotected or unsecured, or is currently or frequently occupied by unauthorized persons for illegal purposes, or the owner or occupant(s) of the structure have not provided minimum safeguards to protect or warn occupants in the event of fire, contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it presents a danger of structural collapse or fire spread to adjacent properties.
C. The hearing examiner shall serve as the public officer as defined in RCW 35.80.020, except that the director(s) shall provide all administrative functions such as preliminary investigations and the serving of notices. The director(s) shall have the power to investigate the dwelling and other property conditions in the city and to enter upon premises, with consent of the occupant, for the purpose of making examinations when the director(s) has reasonable grounds for believing they are unfit for human habitation, or for other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and the director(s) shall obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted.
D. Except for the director(s)’s functions listed in subsection B of this section, the hearing examiner shall have all the powers and follow all the procedures identified for the board or officers in RCW 35.80.030.
E. In determining the fitness of a premises, the hearing examiner shall reference Chapter 8.20 BLMC, Chapter 8.24 BLMC, Chapter 8.28 BLMC, Chapter 8.32 BLMC, the building code, or any other pertinent provision of this development code, in accordance with RCW 35.80.030(1)(d) and (e).
F. The city council shall serve as the appeals commission identified in RCW 35.80.030(1)(g), complying with the procedures stated therein.
G. In accordance with RCW 35.80.030(1)(h), the cost of abatement by the city shall be assessed against the real property upon which such cost was incurred, which assessment the county treasurer shall enter upon the tax rolls against the property for the current year. If the city sells any materials from the premises as provided in RCW 35.80.030(1)(h), it shall do so in accordance with Chapter 3.88 BLMC. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
H. Any person affected by an order issued by the city council pursuant to subsection F of this section may petition to the superior court as provided in RCW 35.80.030(2). (Ord. 1108 § 1, 2005; Ord. 988 § 2, 2003).
14.130.130 Other recourse.
In the event of a violation, the city also may:
A. Revoke, place further conditions on, or suspend processing of permits pertaining to the violator or the premises on which the violation occurred;
B. Deny utility access to the premises;
C. Revoke the violator’s business license; or
D. Pursue any other recourse available under law. (Ord. 988 § 2, 2003).
14.130.140 Police shall enforce.
Bonney Lake police shall enforce the development code. See BLMC 9.92.010. (Ord. 988 § 2, 2003).