Chapter 18.71
CODE ENFORCEMENT
Sections:
18.71.010 Applicability of chapter.
18.71.020 Enforcement of the code – Infractions established.
18.71.030 Duty to enforce.
18.71.040 Investigation and enforcement.
18.71.050 Notice of violation and corrective order.
18.71.060 Notice of violation and corrective order – Time to comply.
18.71.070 Notice of violation and corrective order – Review by enforcement officer.
18.71.080 Notice of violation and corrective order – Failure to comply.
18.71.090 Notice of infraction – Contents – Issuance – Service.
18.71.100 Notice of infraction – Filing.
18.71.110 Notice of infraction – Uncontested – Effect.
18.71.120 Notice of infraction – Response.
18.71.130 Notice of infraction – Failure to respond or appear – Default judgment.
18.71.140 Notice of infraction – Contested hearing.
18.71.150 Notice of infraction – Mitigation hearing.
18.71.160 Judgment – Fine – Restitution – Restoration – Costs – Attorney’s fees.
18.71.170 Enforcement of judgments.
18.71.180 Stop work order.
18.71.190 Emergency order.
18.71.200 Stop work order – Emergency order – Failure to comply.
18.71.210 Criminal penalties.
18.71.220 Definitions.
18.71.010 Applicability of chapter.
A. The provisions of this chapter, adopted pursuant to the authority of Chapter 7.80 RCW, apply to enforcement of LFPMC Titles 15, 16, 17, and 18 and to enforcement of codes adopted by reference in those titles and chapters. For purposes of this chapter, such titles and chapters are referred to as the “code.” Nothing herein is intended to preclude the city from pursuing any legal or equitable relief necessary to protect the public health, welfare or safety.
B. Infractions established in other chapters of this code, other than traffic infractions, shall be governed by LFPMC 18.71.090 through 18.71.170, 18.71.210 and 18.71.220. The city administrator shall designate the enforcement officer(s) for such chapters. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.010)
18.71.020 Enforcement of the code – Infractions established.
A. The code shall be enforced as provided in this chapter.
B. The code 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.
C. Any person who violates the code shall have committed a civil infraction and shall be proceeded against as provided herein.
D. The Lake Forest Park municipal court shall have jurisdiction to hear and determine civil infractions, to issue process and to enforce its orders and its judgments all as provided in Chapter 7.80 RCW and Chapter 3.50 RCW. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.020)
18.71.030 Duty to enforce.
A. The city planner is designated as the “enforcement officer” responsible for enforcing the code. With the prior approval of the city administrator, the city planner may call upon other city employees and officers to assist in enforcement.
B. Upon presentation of proper credentials, the enforcement officer 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 the code.
C. The obligation of complying with the requirements of the code rests with the owner, occupier or other person responsible for the condition of the land and buildings within the scope of the code.
D. The requirements placed upon the enforcement officer or any city officer by this chapter are not 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. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.030)
18.71.040 Investigation and enforcement.
A. The enforcement officer shall investigate any structure or use which the enforcement officer believes does not comply with the code.
B. Whenever the enforcement officer determines that a violation of the code has occurred, there shall be served upon the responsible person either:
1. A notice of violation and corrective order; or
2. A notice of infraction.
C. The enforcement officer shall issue a notice of violation and corrective order, unless the person cited has been served with a prior notice of violation, the person cited has committed prior violations of the code, the person is cited for failing to comply with a stop work order or an emergency order, or the violation creates an immediate threat to public health, safety or welfare. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.040)
18.71.050 Notice of violation and corrective order.
A. Whenever the enforcement officer determines that the code has been violated, a notice of violation and corrective order shall be served upon the person responsible for the condition, unless this chapter requires issuance of a notice of infraction. The notice of violation shall:
1. Separately identify each violation;
2. Identify any necessary corrective action and a time for compliance;
3. Advise of the right of review; and
4. Advise that any subsequent violations shall be prosecuted as a civil infraction and may result in criminal prosecution.
B. The notice shall be served by personal service or by certified mail.
C. Whenever possible, a copy of the notice shall be posted at a conspicuous place on the property.
D. A copy of the notice shall be mailed to all property owners or resident within 300 feet of the property.
E. The enforcement officer may mail or deliver to all residential and/or nonresidential rental units on the property a notice informing each recipient of the notice of violation and corrective order, stop work order or emergency order and the applicable requirements and procedures. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.050)
18.71.060 Notice of violation and corrective order – Time to comply.
A. The time for taking corrective action shall be established, taking into consideration:
1. The violation(s);
2. Permits needed to take corrective action;
3. The difficulty of the corrective action; and
4. Other circumstances, including cost, deemed relevant by the enforcement officer.
B. The notice of violation and corrective order is final, unless a request for review is filed with the enforcement officer within three business days from the date of the notice of violation and corrective order in case of personal service, otherwise within five business days; provided, that the enforcement officer may grant review whenever that officer is satisfied that failure to seek timely review was for good cause. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.060)
18.71.070 Notice of violation and corrective order – Review by enforcement officer.
A. Any person affected by a notice of violation and corrective order may obtain administrative review thereof by filing a timely written request with the enforcement officer. Upon receipt of such request the enforcement officer shall notify the person(s) served with the notice and the complainant, if any, of the date, place, and time of the review, which shall be not less than five days nor more than 10 days after the request is received. Emergency or stop work orders issued in conjunction with a notice of violation and corrective order are not subject to administrative review.
B. The review will be an informal proceeding at which the enforcement officer shall explain the reasons for issuing the notice of violation and corrective order and consider information presented by any affected person. Any person affected by the notice of violation and corrective order may submit written material to the enforcement officer no later than two days before the date scheduled for the review.
C. The enforcement officer may sustain the notice of violation and corrective order; withdraw the notice of violation and corrective order; modify the notice of violation and corrective order; or continue the review to a date certain for presentation of additional information.
D. The enforcement officer shall issue an order containing the decision within five days of the date the review is completed and mail the same to each affected person. The decision of the enforcement officer is final. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.070)
18.71.080 Notice of violation and corrective order – Failure to comply.
A. The enforcement officer shall issue a stop work order in any case where there is a failure to comply with a notice of violation and corrective order or a notice of violation and corrective order modified after administrative review.
B. A failure to comply with a notice of violation and corrective order or a notice of violation and corrective order modified after administrative review is an infraction subject to a fine of $250.00 per day from the date set for compliance in the corrective order until compliance with the corrective order is achieved.
C. It is a defense to an infraction filed under subsection B of this section, if the person named in the infraction establishes by a preponderance of the evidence that the violation for which the notice of violation and corrective order was issued did not occur. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.080)
18.71.090 Notice of infraction – Contents – Issuance – Service.
A. Whenever the enforcement officer determines that a violation of the code has occurred and that a notice of infraction should be issued as provided in LFPMC 18.71.040(C), there shall be served upon the owner or other responsible person a notice of infraction that shall:
1. State that the notice of infraction represents a determination that a civil infraction has been committed by the person cited, and that the determination is final unless contested;
2. State that a civil infraction is not a criminal offense and that imprisonment may not be imposed as a sanction;
3. Separately identify each infraction and the fine imposed for each violation, and explain the possible responses to the notice of infraction and how each may be exercised;
4. State that with regard to a contested infraction, the city shall bear the burden of proving by a preponderance of the evidence at a hearing that the violation(s) occurred, and that at such hearing the alleged violator may call witnesses, including the enforcement officer, and present evidence; and that with regard to a request for a hearing on mitigating circumstances, the person cited will be deemed to have committed the infraction and will not be allowed to subpoena witnesses;
5. State that the person must respond within 15 days of the date of the notice and require that the person named in the notice of infraction sign a promise to respond; and
6. State that a failure to respond or appear as promised will result in the entry of a default judgment in the amount of the fine, and that failure to respond or to appear as promised is a misdemeanor punishable by a fine and/or imprisonment.
B. The notice of infraction may be issued upon certification that there is probable cause to believe the infraction occurred:
1. By the enforcement officer; or
2. By the city prosecutor if the enforcement officer files a written statement that the civil infraction was committed in the officer’s presence or a written statement establishing that the officer has reasonable cause to believe the civil infraction was committed.
C. The notice of infraction shall be served upon the person named in the notice:
1. By the enforcement officer at the time of issuance; or
2. By the enforcement officer or the prosecuting attorney filing the notice of infraction with the court, whereupon the court shall have the notice served either personally or by certified mail. If the notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.090)
18.71.100 Notice of infraction – Filing.
A notice of infraction shall be filed in the municipal court within 48 hours of the date of the notice, excluding Saturdays, Sundays and holidays. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.100)
18.71.110 Notice of infraction – Uncontested – Effect.
Unless contested as provided herein, the notice of infraction constitutes a determination that the person named in the notice of infraction committed the violation. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.110)
18.71.120 Notice of infraction – Response.
A. A person who receives a notice of infraction shall respond to the court, in person or by mail, within 15 days of the date the notice was served.
B. A person named in a notice of infraction who does not intend to contest the notice shall respond by completing the appropriate section of the notice and returning it to the court by the date required, along with a check or money order in the amount of the prescribed fine. An appropriate order shall be entered into the court records and a copy thereof furnished to the city planner.
C. A person named in the notice of infraction who does intend to contest the notice shall respond by completing the appropriate section of the notice and returning it to the court by the date required.
D. A person named in a notice of infraction who does not intend to contest the notice, but who wishes to plead mitigating circumstances shall respond by completing the appropriate section of the notice and returning it to the court by the date required.
E. Whenever a notice is contested or mitigating circumstances are pleaded, the court shall schedule a hearing no sooner than 14 days nor more than 120 days from the date of the notice of infraction. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.120)
18.71.130 Notice of infraction – Failure to respond or appear – Default judgment.
The court shall enter an order of default and impose the maximum fine on each violation whenever a person named in the notice of infraction fails either to respond or to appear at a requested hearing. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.130)
18.71.140 Notice of infraction – Contested hearing.
A. A hearing held to contest a notice of infraction shall be without a jury.
B. The court may consider the notice of infraction and any sworn statement submitted by the enforcement officer in lieu of personal appearance and testimony. The person named in the notice of infraction may appear through counsel, subpoena witnesses, including the enforcement officer, present evidence, and examine witnesses.
C. The city shall bear the burden of proving by a preponderance of the evidence that the violation was committed and that the person named in the notice of infraction committed the violation.
D. If the court determines that the city failed to establish that the violation was committed: it shall enter an order dismissing the notice. If the court determines that the violation was committed it shall enter an order as provided herein.
E. The court’s decision may be appealed to the superior court according to the rules for appeal of decisions of courts of limited jurisdiction. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.140)
18.71.150 Notice of infraction – Mitigation hearing.
A hearing to present mitigating circumstances shall be an informal proceeding in which the notice may not be contested and neither party may subpoena witnesses. After considering the information presented, the court shall enter an appropriate order, which may not be appealed. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.150)
18.71.160 Judgment – Fine – Restitution – Restoration – Costs – Attorney’s fees.
A. Upon a finding that the violation occurred, the court shall enter judgment requiring:
1. Payment of a fine of not more than $250.00 for each violation;
2. Restitution, including restoration of property, in an appropriate case; and
3. Payment of court costs as defined by rule or statute.
B. The court may waive or suspend the monetary penalty for an infraction, and whenever the court determines that person has insufficient funds to pay the penalty, it may impose community service in lieu of the penalty at the rate of state minimum wage per hour.
C. Unless appealed, judgment amounts are payable immediately; provided, that the court may grant an extension of time for good cause shown.
D. In every case the prevailing party shall be awarded its reasonable attorney’s fees. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.160)
18.71.170 Enforcement of judgments.
A. Judgments entered under authority of this chapter shall be enforced in the same manner as other civil judgments.
B. Whenever a judgment is not satisfied, the court shall notify the city prosecutor, who shall proceed to enforce the judgment. The city prosecutor shall notify the enforcement officer of the failure to pay. The enforcement officer shall notify other city department directors and no further city permits shall be issued to the judgment debtor until the judgment is satisfied. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.170)
18.71.180 Stop work order.
Whenever a continuing violation of this code materially impairs the enforcement officer’s ability to secure compliance with this code, or threatens the health or safety of the public, the enforcement officer shall issue a stop work order identifying the violation and prohibiting any work or other activity at the site. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.180)
18.71.190 Emergency order.
Whenever any use or activity is in violation of the code and threatens the health and safety of the occupants of the premises or the public, the enforcement officer shall issue an emergency order directing that the use or activity be discontinued and that the violation 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.
Any condition described in the emergency order that is not corrected within the time specified is a public nuisance and the enforcement officer shall abate such nuisance as provided by law. The cost of such abatement shall be recovered from the owner or person responsible, or both, in the manner provided by law. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.190)
18.71.200 Stop work order – Emergency order – Failure to comply.
A failure to comply with a stop work order or an emergency order is an infraction subject to a fine of $250.00 per day from the date of the order until compliance with the order is achieved. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.200)
18.71.210 Criminal penalties.
A. Any person named in a notice of infraction who fails to respond or who willfully violates a signed promise to appear in court is guilty of a misdemeanor.
B. Any person who violates the code and who has been found to have committed two code infractions in the preceding 10 years shall be guilty of a gross misdemeanor.
C. Any person who willfully fails to comply with a court order entered pursuant to this chapter shall be guilty of a gross misdemeanor. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.210)
18.71.220 Definitions.
A. “Certified mail,” whenever used in this chapter, includes “return receipt requested, to the person’s last known address.”
B. “Enforcement officer” means the city employee appointed pursuant to LFPMC 2.08.130 as city planner to perform the duties imposed by LFPMC 2.08.140. The term “enforcement officer” includes any representative designated by the city planner as provided herein.
C. “Person” means any natural person, partnership, L.L.C., corporation, association, public agency, or other legal entity. (Ord. 797 § 1, 1999; Ord. 752 § 1, 1998. Formerly 18.70.220)