Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010 Posting of official notices—Places.
1.04.020 Restriction on right-of-entry.
1.04.040 Authority to retain collection agency.
1.04.050 Required notice to debtors.
1.04.010 Posting of official notices—Places.
The bulletin board at the U.S. Post Office, and the bulletin board at Rainier city hall are town’s official notices. (Ord. 465 § 1, 2002: Ord. 362 § 2 (part), 1995; Ord. 232, 1985)
1.04.020 Restriction on right-of-entry.
Whenever it is deemed necessary to enter upon private property or the public property of another governmental agency to make an inspection, or otherwise enforce or carry out the lawful directions of Chapter 6.04 of the Rainier Municipal Code or any other ordinance, resolution, rule or statute or to carry out the lawful order, ruling or holding of any governmental officer or agency, or whenever there is reasonable cause to believe there exists a public nuisance or other violation of state or local law in any building or upon any premises within the jurisdiction of the town, any authorized official of the town may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon him or her by ordinance; provided, that except in an emergency situation constituting imminent danger to life or property or when consent to the entry has otherwise been obtained from the occupant of the building or premises, or from the owner if the building or premises is unoccupied, he or she shall first give both the owner and occupant, if they can be located after reasonable effort, twenty-four (24) hours written notice of the authorized official’s intention to inspect or otherwise carry out his or her duties. The notice shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, entry may be made only upon the issuance of an appropriate writ or warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, or cannot be located after reasonable effort, the official may seek an appropriate writ of warrant or other assistance from any court of competent jurisdiction in obtaining such entry. (Ord. 402 § 1 (part), 1998: Ord. 380 § 10, 1997)
1.04.030 Warrants for entry.
A. Whenever it is deemed necessary to enter upon private property or the public property of another governmental agency to make an inspection, or otherwise enforce or carry out the lawful directions of Chapter 6.04 of the Rainier Municipal Code or other ordinance, resolution, rule or statute or to carry out the lawful order, ruling or holding of any governmental officer or agency, or whenever there is reasonable case to believe there exists a public nuisance or other violation of state or local law in any building or upon any premises within the jurisdiction of the town, the town or any of its authorized officials may apply for a warrant authorizing the entry upon the property for that purpose, if permission to enter has been refused or if the owner cannot be found or reasonably ascertained.
B. The application for a warrant shall be supported by an affidavit or the testimony of the officer intending to enter upon the property, stating his or her office, purpose and authority to so enter, the owner’s or occupant’s unavailability or refusal to permit such entry, the work, action or other activity to be conducted upon the property and by whom and approximately at what time will be conducted.
C. If the court finds just cause for the issuance of the warrant, it shall subscribe the same with a return date of not more than ten days following completion of the activity to be conducted upon the property.
D. Nothing in this section is intended to limit, restrict or otherwise affect the right of officers or agents of the town to enter upon private or public property for any lawful purpose, if otherwise legally permissible. (Ord. 402 § 1 (part), 1998)
1.04.040 Authority to retain collection agency.
Pursuant to RCW 19.16.500, the town may retain a licensed collection agency for the collection of public debts owed by any person, as described in that section, including but not limited to delinquent fines, fees, and utility accounts. When directed by council resolution or motion, the mayor or other designated town official shall negotiate and submit to the council for approval, a proposed written contract or renewal for that purpose, containing the provisions authorized by RCW 19.16.500 now or as may be amended in the future. (Ord. 446 § 1, 2001)
1.04.050 Required notice to debtors.
As required by RCW 19.16.500, no debt may be assigned to a collection agency unless:
1. There has been an attempt to advise the debtor a. of the existence of the debt and b. that the debt may be assigned to a collection agency for collection if the debt is not paid; and
2. At least thirty (30) days have elapsed from the time notice was attempted. (Ord. 446 § 2, 2001)