Chapter 13.130
ENFORCEMENT

Sections:

13.130.010    Engineer’s authority.

13.130.020    Chapter 30.85 SCC--Applicable.

13.130.030    Order to cease violation.

13.130.040    Notice of violation--Penalty--Abatement.

13.130.050    Public nuisance.

13.130.060    Alternative remedies.

13.130.070    Administrative jurisdiction--Nonexclusive.

13.130.010 Engineer’s authority.

Whenever the engineer determines that a condition exists in violation of this title, or any code or standard required to be adhered to by this title, he/she is authorized to enforce the provisions of this title, or codes or standards, pertaining to such condition existing in violation thereof.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028 § 99, June 12, 1996, Eff date June 29, 1996).

13.130.020 Chapter 30.85 SCC--Applicable.

All violations of this title, and codes and standards required thereby, are made subject to the provisions of chapter 30.85 SCC.

(Added Ord. 85-051, § 3, July 3, 1985; Ord. 02-098, December 9, 2002, Eff date February 1, 2003).

13.130.030 Order to cease violation.

Whenever any condition is found to be in violation of this title, or codes or standards required to be adhered to thereunder, and pending commencement and completion of the notice and order procedure of SCC 13.130.040, the engineer may order the cessation of activity causing the violative condition by notice in writing served on the person(s) engaged in or causing such condition. The effect of such order shall be to require immediate cessation of activity causing the violative condition. Said order shall not be affected by any right of appeal afforded by this or any other title of this code.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028 § 100, June 12, 1996, Eff date June 29, 1996).

13.130.040 Notice of violation--Penalty--Abatement.

The engineer is authorized to order correction and discontinuance of any violative condition of the provisions of this title under the procedures of chapter 30.85 SCC, which provide for notice of violation and assessment of penalty and order to abate.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028 § 101, June 12, 1996, Eff date June 29, 1996; Ord. 02-098, December 9, 2002, Eff date February 1, 2003).

13.130.050 Public nuisance.

All violations of this title, and codes and standards required thereby, are determined to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined by the engineer to be in violation of this title, or codes and standards required thereby, shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in this title.

(Added Ord. 85-051, § 3, July 3, 1985; Amended Ord. 96-028 § 102, June 12, 1996, Eff date June 29, 1996).

13.130.060 Alternative remedies.

As an alternative to any other judicial or administrative remedy provided in this title or by law or other ordinance, any person who willfully or knowingly violates any provision of this title or any order issued pursuant to this title, or by each act of commission or omission procures, aids, or abets such violation, is guilty of a misdemeanor and upon conviction shall be punished as provided in SCC 1.01.100. Each day such violation continues shall be considered an additional misdemeanor offense.

(Added Ord. 85-051, § 3, July 3, 1985).

13.130.070 Administrative jurisdiction--Nonexclusive.

The authority of the engineer to enforce the provisions of this title is not in derogation of the authority of any other officer charged with the enforcement of law but is concurrent therewith. The authority of the engineer to enforce the provisions of this title includes without limitation the requirement that he/she request the assistance of the prosecuting attorney’s office for judicial enforcement as may be deemed appropriate by the prosecuting attorney.

(Added Ord. 85-051, § 3, July 3, 1985).