Chapter 1.08
GENERAL PENALTY1

Sections:

1.08.010    Violations and general penalties.

1.08.020    Penalties—Suspension or deferment.

1.08.030    Penalties for civil violations—Designated.

1.08.040    Specific penalties—Additional assessment.

1.08.050    Unpaid fines.

1.08.010 Violations and general penalties.

A. Any person, firm or corporation violating any requirements of this code or any requirements of any ordinance of the city of Mattawa is deemed to have committed a civil infraction unless otherwise expressly provided by an ordinance of the city. Every person, firm or corporation found by the court to have committed a civil infraction under this code or any ordinance of the city shall be subject to a penalty of up to five thousand dollars; provided further, that minimum monetary penalties may be established pursuant to Section 1.08.020.

B. In cases where an ordinance of the city provides for administrative enforcement of a violation of that ordinance, any person, firm or corporation determined to have violated that ordinance shall be subject to a penalty not to exceed five thousand dollars.

C. In cases where an ordinance of the city provides a violation of that ordinance shall be a misdemeanor, any person, firm or corporation convicted of a misdemeanor under this code or any ordinance of the city shall be punished by a fine not to exceed five thousand dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment.

D. Each person, firm or corporation is deemed to have committed a separate civil infraction for each and every day during any portion of which any violation of any provision of any ordinance of the city is committed, continued, or permitted by such person, firm or corporation, and such person, firm or corporation is subject to paying penalties accordingly.

E. Each person, firm, or corporation is deemed to have committed a separate violation subject to administrative enforcement for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person, firm, or corporation and such person, firm, or corporation is subject to penalties accordingly.

F. Each person, firm or corporation is guilty of a separate misdemeanor for each and every day during any portion of which any misdemeanor violation of any provision of this code is committed, continued, or permitted by any such person, firm or corporation, and such person, firm or corporation is punishable accordingly.

(Ord. No. 523, § 1, 3-15-12; Ord. No. 487, § 1, 9-3-09)

1.08.020 Penalties—Suspension or deferment.

Civil penalties for violations of any section or sections of this code where specific provision is made in the section or sections to establish a minimum penalty to be imposed, such minimum penalty shall not be suspended, deferred, or forgiven by the court, nor shall the court defer to continue a determination the defendant shall have committed the infraction under any condition that allows the suspending, deferring, or forgiving of any minimum penalty.

(Ord. No. 523, § 1, 3-15-12; Ord. No. 487, § 1, 9-3-09)

1.08.030 Penalties for civil violations—Designated.

The following specific, non-deferrable, non-suspendable civil penalties may be adopted by categorical reference in other sections of this code as a specific civil penalty to be imposed for a civil violation of the sections specified:

Category

Penalty

C-1

Not less than $15.00

C-2

Not less than $25.00

C-3

Not less than $35.00

C-4

Not less than $50.00

C-5

Not less than $60.00

C-6

Not less than $70.00

C-7

Not less than $80.00

C-8

Not less than $85.00

C-9

Not less than $110.00

C-10

Not less than $135.00

C-11

Not less than $160.00

C-12

Not less than $185.00

C-13

Not less than $210.00

C-14

Not less than $260.00

C-15

Not less than $310.00

C-16

Not less than $410.00

C-17

Not less than $510.00

C-18

Not less than $610.00

C-19

Not less than $760.00

C-20

Not less than $1,000.00

C-21

Not less than $1,500.00

C-22

Not less than $2,000.00

C-23

Not less than $2,500.00

C-24

Not less than $3,000.00

C-25

Not less than $3,500.00

C-26

Not less than $4,000.00

C-27

Not less than $4,500.00

C-28

Not less than $5,000.00

(Ord. No. 523, § 1, 3-15-12; Ord. No. 487, § 1, 9-3-09)

1.08.040 Specific penalties—Additional assessment.

Whenever there shall have been established by any action of the city council a specific nondeferrable, nonsuspendable penalty for violation of any section of this code, the designated representative of the city, who shall issue a notice of infraction or a citation for the commission of a crime as defined by Section 1.08.010 where a specific penalty is provided, shall add to the penalty provided by this code, the cost of all court filing fees as established by this code together with any assessments or penalties required to be imposed by state law.

(Ord. No. 523, § 1, 3-15-12; Ord. No. 487, § 1, 9-3-09)

1.08.050 Unpaid fines.

Any penalties, fines, costs, assessments, judgments or forfeitures imposed by the court for any violation of any city ordinance, be it criminal or civil, may, if unpaid, be turned over to a collection agency (authorized under Chapter 19.16 RCW as now enacted or hereafter amended) or to an attorney for collection. Said unpaid penalties, fines, costs, assessments, judgments or forfeitures may be brought on before the court without notice to defendant or respondent, but with certification by declaration from the clerk that said amounts are unpaid and delinquent pursuant to terms imposed by the court by pay agreement, at which time the court may assess court costs of up to fifty percent of the unpaid amount to remunerate the collecting entity.

(Ord. No. 523, § 1, 3-15-12; Ord. No. 487, § 1, 9-3-09)


1

Editor’s noteOrd. No. 487, § 1, adopted September 3, 2009, in effect, repealed the former Chapter 1.08, §§ 1.08.010—1.08.020, and enacted a new Chapter 1.08 as set out herein. The former Chapter 1.08 pertained to similar subject matter and derived from Ord. No. 133, 1980; Ord. No. 302, 1994 and Ord. No. 430, 2004.