Chapter 15.24
ENFORCEMENT
Sections:
15.24.010 Violations.
15.24.020 Enforcement.
15.24.030 Investigation and notice of violation.
15.24.040 Time to comply.
15.24.050 Stop work order.
15.24.060 Emergency order.
15.24.070 No administrative appeal of notices of violation.
15.24.080 Penalties.
15.24.090 Additional relief.
15.24.010 Violations.
A. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by any code adopted in this title, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
B. Additional Violations. In addition to the above, it is a violation of this title to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;
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 this title, including any requirement of the city’s codes and state codes adopted by reference herein. (Ord. 983 § 21, 2005).
15.24.020 Enforcement.
A. The building official/fire marshal shall have the ability to enforce this chapter. The building official/fire marshal may call upon the police, fire, planning and community development or other appropriate city departments to assist in enforcement. As used in this chapter, “building official/fire marshal” shall also mean his or her duly authorized representative.
B. Upon presentation of proper credentials, the building official/fire marshal 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 the consent or warrant, in order to perform the duties imposed by this title.
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 this title.
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. 983 § 21, 2005).
15.24.030 Investigation and notice of violation.
A. Investigation. The building official/fire marshal shall investigate any structure or use which the building official/fire marshal reasonably believes does not comply with the standards and requirements of this title.
B. Notice of Violation. If, after investigation, the building official/fire marshal determines that the standards or requirements of this title have been violated, the building official/fire marshal 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 provision or requirements;
3. A reasonable time for compliance;
4. A statement that if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in GHMC 15.24.080.
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 building official/fire marshal 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 as shown on the official Pierce County assessor’s parcel data, 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 GHMC 15.24.010, 15.24.020, 15.24.080 or 15.24.090.
F. Optional Notice to Others. The building official/fire marshal 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.
H. Withdrawal. The city may choose to withdraw a notice of violation at any time, without prejudice to the city’s ability to reissue it, if a certificate of compliance has not been obtained for the specific violations. (Ord. 983 § 21, 2005).
15.24.040 Time to comply.
A. Determination of Time. When calculating a reasonable time for compliance, the building official 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. A copy of the notice shall be filed with the Pierce County auditor. The building official/fire marshal 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. 983 § 21, 2005).
15.24.050 Stop work order.
Whenever a continuing violation of this code will materially impair the building official/fire marshal’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the building official/fire marshal may 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. 983 § 21, 2005).
15.24.060 Emergency order.
Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the building official/fire marshal 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 building official/fire marshal 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. 983 § 21, 2005).
15.24.070 No administrative appeal of notices of violation.
There is no administrative appeal of a notice of violation issued pursuant to this chapter. (Ord. 983 § 21, 2005).
15.24.080 Penalties.
A. Civil Penalty.
1. In addition to any other sanction or remedial procedure which may be available, any person, firm or corporation violating or failing to comply with any of the provisions of this title shall be subject to a cumulative civil penalty in the amount of $50.00 per day for each violation from the date set for compliance until compliance with the order is achieved.
2. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The building official/fire marshal 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 building official/fire marshal, take appropriate action to collect the penalty.
3. The violator may show as full or partial mitigation of liability:
a. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
b. 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 defendant.
B. Criminal Penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person, firm or corporation who violates any provision of this title shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of up to $5,000 and/or imprisonment for a period of up to one year, or both such fine and imprisonment (as provided in RCW 35A.11.020).
C. Criminal Penalties for Violations of the IMC, IFGC, UPC and IFC. Any person, firm or corporation who violates any provision of the International Mechanical Code, International Fuel Gas Code, the Uniform Plumbing Code and the International Fire Code, as adopted in this title, is subject to the criminal penalties as set forth in subsection B of this section. (Ord. 983 § 21, 2005).
15.24.090 Additional relief.
The building official/fire marshal may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this title when criminal penalties are inadequate to effect compliance. (Ord. 983 § 21, 2005).