Chapter 14.90
ENFORCEMENT
Sections:
14.90.020 Compliance required.
14.90.030 Notice of violation and order.
14.90.040 Violation – Civil enforcement and penalties.
14.90.060 Approval revocation, suspension and modification.
14.90.010 Purpose.
The purpose of this chapter is to ensure compliance, abate noncompliance and establish penalties for violations of WMC Titles 13, 14, 15, 17, 18 and 19. The provisions of this chapter shall be applied and interpreted to accomplish this purpose. (Ord. 753 § 1, 2014; Ord. 577, 1998).
14.90.020 Compliance required.
No person, corporation, partnership, association, or other legal entity shall fail or refuse to comply with, or interfere with or resist the enforcement of, the provisions of WMC Titles 13, 14, 15, 17, 18 and 19 and/or any condition of approval imposed by the town council, planning commission, or hearing examiner, or a lawful land use order or directive of a town official. Any such act or failure to act shall constitute a violation under this chapter. (Ord. 753 § 2, 2014; Ord. 577, 1998).
14.90.030 Notice of violation and order.
Upon the determination of the mayor that one or more violations have been committed, the mayor shall issue a notice of violation and order.
A. The notice of violation and order shall, at a minimum, contain the following:
1. The name and address of each record owner, taxpayer and occupier of the property which is the subject of the violation(s) and, when applicable, the contractor(s);
2. The street address or a legal description sufficient for identification of the property;
3. The tax parcel number(s) of the property;
4. A description of each violation, including applicable sections of the town code and/or conditions of approval;
5. An order that the use, acts or omissions which constitute violation(s) must cease;
6. A statement of the corrective action required for each violation, with a date by which such action must be completed;
7. A warning: “The failure or refusal to complete corrective action by the date required may result in enforcement action, and civil penalties, as provided in Chapter 14.90 WMC;” and
8. A statement of the right to appeal to the hearing examiner.
B. The notice of violation and order shall be served upon each record owner, taxpayer and occupier and, when applicable, the contractor(s). Service of the notice of violation and order shall be by personal service or by both regular first class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed completed three days after mailing.
C. The appeal of a notice of violation and order shall be filed with the town clerk within 10 days after service on the appellant. (Ord. 753 §§ 3, 4, 2014; Ord. 577, 1998).
14.90.040 Violation – Civil enforcement and penalties.
The failure or refusal to complete corrective action by the date set forth in a notice of violation and order shall subject the person(s) to whom the notice of violation and order was directed to the following enforcement actions and penalties:
A. The mayor may revoke, modify or suspend any permit, variance, subdivision or other land use approval issued for the subject property.
B. A civil penalty of $50.00 per day per violation until corrective action is completed.
C. The town may enter upon the subject property and complete all corrective action. The actual costs of labor, materials and equipment, together with all direct and indirect administrative costs, incurred by the town to complete the corrective action shall be paid by record owner(s) and shall constitute a lien against the subject property until paid. A notice of claim of lien shall be recorded with the county auditor. Interest shall accrue on the amount due at the rate of 12 percent per annum. In any action to foreclose the lien against the subject property, all filing fees, title search fees, service fees, other court costs and reasonable attorney’s fees incurred by the town shall be awarded as a judgment against the record owner(s) and shall be foreclosed upon the subject property together with the principal and accrued interest.
D. The town may obtain temporary, preliminary and permanent injunctive relief from the superior court.
E. Subsections (A) through (D) of this section are cumulative remedies and the taking of action under one subsection does not constitute an election of remedies by the town. (Ord. 577, 1998).
14.90.050 Violation – Criminal penalties.
Repealed by Ord. 753. (Ord. 577, 1998).
14.90.060 Approval revocation, suspension and modification.
A. A permit, variance, subdivision or other land use approval may be revoked, suspended or modified on one or more of the following grounds:
1. Failure to complete corrective action as required pursuant to a notice of violation and order.
2. The approval was obtained through fraud.
3. The approval was obtained through inadequate or inaccurate information.
4. The approval was issued contrary to law.
5. The approval was issued under a procedural error which prevented consideration of the interests of persons directly affected by the approval.
6. The approval is being exercised or implemented contrary to the terms or conditions of the approval or contrary to law.
7. The use for which the approval was issued is being exercised in a manner which is detrimental to public health, safety or welfare.
8. Interference with the performance of federal, state or town official duties.
B. A permit, variance, subdivision or other land use approval shall be revoked, suspended or modified by the mayor, with the consent of the authority which issued the approval (i.e., town council, hearing examiner, building official, fire marshal). Action shall be taken through the issuance of a notice and order. The notice and order shall, at a minimum, contain the following:
1. The name and address of each record owner, taxpayer and occupier of the property which is the subject of the action;
2. The street address or a legal description sufficient for identification of the property;
3. The tax parcel number(s) of the property;
4. The action ordered, and the grounds for the action, including applicable sections of the town code and/or conditions of approval;
5. A statement of the corrective action required, if any, with a date by which such action must be completed;
6. A warning: “The failure or refusal to comply with the foregoing revocation, suspension or modification of a permit, variance, subdivision or other land use approval may result in enforcement action, civil penalties and/or criminal penalties as provided in Chapter 14.90 WMC;” and
7. A statement of the right to appeal to the hearing examiner.
B. The notice and order shall be served upon each record owner, taxpayer and occupier. Service of the notice and order shall be by personal service or by both regular first class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed completed three days after mailing.
C. The appeal of a notice and order shall be filed with the town clerk within 10 days after service on the appellant.
D. After the time period for appeal has expired the notice and order shall be recorded with the county auditor. (Ord. 753 § 6, 2014; Ord. 577, 1998).
14.90.070 Appeals.
Appeals of administrative interpretations, decisions and hearing examiner decisions pursuant to this chapter shall be governed by Chapter 14.10 WMC. (Ord. 753 § 7, 2014).