Chapter 15.12
ENFORCEMENT

Sections:

15.12.010    Performance bond.

15.12.020    Violations enlarged.

15.12.030    Enforcement procedure.

15.12.040    Penalty.

15.12.010 Performance bond.

The city may require, as a condition of any permit approval, the posting of a cash performance bond or other security sufficient to fulfill the requirements of these development regulations and any conditions upon which the permit is granted. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.020 Violations enlarged.

A. In addition to other violations of these development regulations, it shall be a violation of these development regulations to:

1. Proceed with a development that requires a permit without first obtaining the permit;

2. Violate any condition of approval of a permit issued pursuant to these development regulations;

3. Violate any order issued pursuant to these development regulations;

4. Aid or abet a violation of these development regulations;

5. Knowingly make a false statement in any document required by these development regulations; or

6. Falsify or tamper with any monitoring device, record, or methodology required in the administration of these development regulations.

B. Each day of violation shall constitute a separate offence. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.030 Enforcement procedure.

A. Upon good cause, or upon filing by any person of a written complaint of a violation of these development regulations, the administrator shall investigate.

B. If the administrator needs to enter the premises for the purposes of such investigation, the following rules shall apply:

1. The administrator may locate the tenant or owner, present credentials, and request voluntary entry.

2. The administrator may obtain a search warrant before entering the premises.

3. The rules set forth regarding entry under the International Building Code and International Residential Code shall prevail in the event there is a conflict with the rules set forth herein.

C. If a violation exists, the administrator shall attempt to secure voluntary compliance.

D. If the violation persists, the administrator shall notify the tenant and the owner by certified mail, or by personal service. The notice shall contain the violation, the penalty, the prescribed remedial actions, and a reasonable time period.

E. If the time period lapses without remedial action, the administrator shall take steps to bring about compliance and collect penalties. To this end, the administrator may:

1. Initiate injunctions or restraining orders;

2. Issue stop work orders and orders to mitigate environmental damages resulting from violations;

3. Revoke or deny permits relating to use of the subject property;

4. Collect penalties;

5. Physically abate the violation or remedy the environmental damage at the violator’s expense; and/or

6. Initiate any other civil or criminal action available by law.

F. Any code enforcement action by the administrator may be appealed to the hearing examiner who shall make the final decision. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).

15.12.040 Penalty.

A. Violation of these development regulations is a misdemeanor, which shall be punished as set forth in Chapter 1.08 EMC, General Penalty.

B. In addition to the penalty as set forth above, the city attorney may request restitution to the city to reimburse the city for expenses incurred in any abatement. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).