Chapter 1.16
ENFORCEMENT PROVISIONS

Sections:

1.16.010    Enforcement terms defined.

1.16.020    Violation of ordinance provision – A misdemeanor, gross misdemeanor or traffic infraction.

1.16.030    Right of entry – Nonemergency inspection.

1.16.040    Costs of prosecution – Payment.

1.16.050    Effect of penalty on past actions and obligations.

1.16.010 Enforcement terms defined.

The following words, whenever used in the ordinances of the city, shall be construed as defined in this section:

A. “Crime” means any offense or violation which is punishable either by imprisonment or by a fine, or both where such penalty may be imposed by a court of law.

B. “Offense” or “violation” means any act or omission which violates any ordinance or code provision for which a penalty is prescribed or a remedy granted.

C. “Public officer” has its ordinary meaning and includes all assistants, deputies, clerks and employees of any public officer and all persons exercising or assuming to exercise any of the lawful powers or functions of a public officer. (Ord. A-87 § 1, 1991; added during 1980 codification).

1.16.020 Violation of ordinance provision – A misdemeanor, gross misdemeanor or traffic infraction.

A. The violation of any provision of any ordinance or code provision is a misdemeanor unless specifically designated as a gross misdemeanor or traffic infraction. Each violation may be prosecuted by the city in the name of the people of the state or the city, or may be redressed by civil action at the option of the city, or both.

B. The maximum penalty for a violation designated as a misdemeanor or as a gross misdemeanor is the maximum penalty set forth in RCW 35A.11.020, or as amended.

C. The maximum penalty for a violation designated as a traffic infraction is a fine not to exceed $500 except where another penalty is provided for by state statute or city code provision.

D. Each day a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Ord. A-87 § 2, 1991; added during 1980 codification).

1.16.030 Right of entry – Nonemergency inspection.

Whenever necessary to make an inspection, to enforce any provision of this code, or whenever there is reasonable cause to believe that there exists a violation of this code in any building or upon any premises within the jurisdiction of the city, any authorized official of the city, upon presentation of proper credentials, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him by this code; provided, that except in emergency situations such official shall first give the owner and/or occupant, if either can be located after reasonable effort, reasonable notice of the authorized official’s intention to inspect. In the event the owner and/or occupant refuses entry, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. (Added during 1980 codification).

1.16.040 Costs of prosecution – Payment.

Whenever anyone is convicted of an offense under any city ordinance, in addition to the fine imposed, he may be required to pay the costs of prosecution. (Added during 1980 codification).

1.16.050 Effect of penalty on past actions and obligations.

A. All prior penalty provisions of the ordinances of the city which impose a fine, or imprisonment or both, upon conviction, are repealed. Nothing in this section shall be construed as a repeal of any provision of any ordinance of the city providing for termination, cancellation, loss or forfeiture of any license, permit, or privilege granted or regulated by city ordinance or any other penalty imposed other than fine and imprisonment upon conviction of a misdemeanor in a court of competent jurisdiction.

B. Adoption of this code shall not affect any prosecution or other relief sought for violation of city ordinances which occurred prior to the effective date of this code. (Added during 1980 codification).