Chapter 13.64
ENFORCEMENT
Sections:
13.64.020 Violations.
13.64.040 Duty to enforce.
13.64.060 Investigation and notice of violation.
13.64.080 Time to comply.
13.64.100 Stop work order.
13.64.120 Emergency order.
13.64.140 Review by city council.
13.64.160 Civil penalty.
13.64.180 Criminal penalties.
13.64.200 Additional relief.
13.64.220 Subdivision violations.
13.64.020 Violations.
A. It is a violation of ECC Titles 12 and/or 13 for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the city without first obtaining the permits or authorizations required for the use by the aforementioned codes.
B. It is a violation of ECC Titles 12 and/or 13 for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned codes; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. In addition to the above, it is a violation of ECC Titles 12 and/or 13 to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with the aforementioned codes;
2. Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization;
3. Fail to comply with any of the requirements of ECC Titles 12 and/or 13. [Ord. 4578 § 4, 2010.]
13.64.040 Duty to enforce.
A. The community development director shall have the responsibility to enforce this chapter. The community development director may call upon the police, fire marshal, building, public works or other appropriate city departments to assist in enforcement. As used in this chapter, “community development director” shall also mean his or her duly authorized representative.
B. Upon presentation of proper credentials, the community development director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to consent or warrant, in order to perform the duties imposed by ECC Titles 12 and/or 13.
C. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of ECC Titles 12 and/or 13.
E. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. [Ord. 4578 § 4, 2010.]
13.64.060 Investigation and notice of violation.
A. Investigation. The community development director shall investigate any structure or use which he/she reasonably believes does not comply with the standards and requirements of ECC Titles 12 and/or 13.
B. Notice of Violation. If after investigation the community development director determines that the standards or requirements of ECC Titles 12 and/or 13 have been violated, the community development director shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:
1. A separate statement of each standard, code provision or requirement violated;
2. What corrective action, if any, is necessary to comply with the standards, code provisions or requirements;
3. A reasonable time for compliance;
4. A statement that (for zoning code violations), if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in ECC 13.64.180.
C. Service. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the community development director makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and
2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.
D. Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E. Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to ECC 13.64.100, 13.64.120, 13.64.160, 13.64.180, 13.64.200, or 13.64.220.
F. Additional Notice to Others. The community development director may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
G. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation. [Ord. 4578 § 4, 2010.]
13.64.080 Time to comply.
A. Determination of Time. When calculating a reasonable time for compliance, the community development director shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible party.
B. Order Becomes Final Unless Appealed. Unless an appeal is filed with the community development director for hearing before the city council in accordance with ECC 13.64.160, the notice of violation shall become the final order of the community development director. A copy of the notice shall be filed with the county auditor. The community development director may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property. [Ord. 4578 § 4, 2010.]
13.64.100 Stop work order.
Whenever a continuing violation of this code will materially impair the community development director’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the director shall issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this chapter. [Ord. 4578 § 4, 2010.]
13.64.120 Emergency order.
Whenever any use or activity in violation of ECC Titles 12 and/or 13 threatens the health and safety of the occupants of the premises or any member of the public, the community development director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this chapter.
Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the community development director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. [Ord. 4578 § 4, 2010.]
13.64.140 Review by city council.
A. Notice of Violation (Criminal Penalties).
1. Zoning Violations. There is no administrative appeal of a notice of violation issued pursuant to ECC 13.64.060 for violations described in ECC 13.64.180, which subject the violator to criminal prosecution and/or the imposition of criminal penalties.
2. Subdivision Violations. There is no administrative appeal of a notice of violation issued pursuant to Chapter 12.12 ECC or Chapter 58.17 RCW, which subject the violator to criminal prosecution and/or the imposition of criminal penalties.
B. Notice of Violation (Civil Penalties). Any person significantly affected by or interested in a notice of violation issued by the community development director pursuant to ECC 13.64.060 for a violation of ECC Titles 12 and/or 13 or this chapter, which subject the violator to civil prosecution, may obtain an appeal of the notice by requesting such appeal within 15 calendar days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the community development director shall forward the request to the city council.
C. At or after the appeal hearing, the city council may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information;
4. Modify the notice of violation, which may include an extension of the compliance date.
D. The city council shall issue a decision within 20 days of the date of the completion of the review and shall cause the same to be mailed by regular first class mail to the person(s) named on the notice of violation, mailed to the complainant, if possible, and may be filed with the county auditor.
E. The decision of the city council shall be final, and no further administrative appeal may be filed. In order to appeal the decision of the city council, a person with standing to appeal must make application for a land use petition under Chapter 36.70C RCW within 21 days of the issuance of the city council’s decision. [Ord. 4578 § 4, 2010.]
13.64.160 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of ECC Title 12 (that are not subject to criminal penalties as set forth in Chapter 12.12 ECC and Chapter 58.17 RCW) and/or this title shall be subject to a cumulative penalty in the amount of $250.00 per day for each violation from the date set for compliance until compliance with the order is achieved.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The community development director shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the director, take appropriate action to collect the penalty. Each day of noncompliance with any of the provisions of ECC Titles 12 and/or 13 shall constitute a separate offense.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the wilful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the violator. [Ord. 4578 § 4, 2010.]
13.64.180 Criminal penalties.
A. Any person violating or failing to comply with any of the provisions of ECC Titles 12 and/or 13 who has had a judgment entered against him or her pursuant to ECC 13.64.160 or this section within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the provisions of ECC Titles 12 and/or 13 shall constitute a separate offense.
B. The above criminal penalty may also be imposed:
1. For any other violation of ECC Titles 12 and/or 13 for which corrective action is not possible; and
2. For any wilful, intentional, or bad faith failure or refusal to comply with the standards or requirements of ECC Titles 12 and/or 13. [Ord. 4578 § 4, 2010.]
13.64.200 Additional relief.
The community development director may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of ECC Titles 12 and/or 13 when civil or criminal penalties are inadequate to effect compliance. [Ord. 4578 § 4, 2010.]
13.64.220 Subdivision violations.
A. Any person, firm, corporation or association or any agency of any person, firm, corporation or association who violates any provision of ECC Title 12, Subdivisions, relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of ECC Title 12, Subdivisions, shall be deemed a separate and distinct offense.
B. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of ECC Title 12, Subdivisions, or any term or condition of plat approval prescribed for the plat by the city, then the city attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of ECC Title 12 or with such terms and conditions. The costs of such action shall be taxed against the violator. [Ord. 4578 § 4, 2010.]