Chapter 1.14
ENFORCEMENT COMPLIANCE WITH ZONING, PUBLIC HEALTH AND BUSINESS REGULATIONS
Sections:
1.14.010 Authority of the mayor or designee.
1.14.020 Definitions.
1.14.030 Declaration of nuisance.
1.14.040 Right of entry.
1.14.050 Alternate legal remedies.
1.14.060 Criminal violations.
1.14.070 Abatement proceedings authorized.
1.14.080 Assessment of civil penalties.
1.14.090 Accumulations of civil penalties.
1.14.100 Schedule of civil penalties.
1.14.110 Initiation of enforcement action.
1.14.120 Notice and order.
1.14.130 Supplemental notice and order.
1.14.140 Service.
1.14.150 Administrative conference.
1.14.160 Appeals.
1.14.170 Finality of order.
1.14.180 Hearing examiner jurisdiction for code enforcement.
1.14.190 Enforcement of final order.
1.14.200 Personal obligation authorized.
1.14.210 Suspension of permits.
1.14.220 Revocation of permits.
1.14.230 Declaration of junk vehicles as nuisance.
1.14.240 Definition of junk vehicle.
1.14.250 Certification.
1.14.260 Junk vehicle violations.
1.14.270 Exceptions.
1.14.280 Notices required.
1.14.290 Abatement and removal.
1.14.300 Costs of abatement and removal.
1.14.310 Severability.
1.14.010 Authority of the mayor or designee.
The mayor or designee is authorized to utilize the procedures of this chapter to enforce any and all violations of land use, public health and business regulatory ordinances of the town, and shall establish an office of code enforcement for those purposes. (Ord. 00-390 § 1, 2000)
1.14.020 Definitions.
For the purposes of this chapter, the following words and phrases shall be defined as indicated below:
"Code enforcement officer" means a town employee designated by the mayor to enforce the provisions of land use, public health, and business regulatory ordinances of the town.
"Hearing examiner" means the hearing examiner of the town of Woodway as created by Ordinance No. 99-368. (Ord. 00-390 § 2, 2000)
1.14.030 Declaration of nuisance.
All violations of land use, public health and business regulatory ordinances are declared to be detrimental to the public health, safety and welfare and are public nuisances. All conditions which are determined by the mayor or code enforcement officer to be in violation of any land use, public health or business regulatory ordinances shall be subject to the provisions of this chapter and shall be corrected by any reasonable and lawful means, as provided in this chapter. (Ord. 00-390 § 3, 2000)
1.14.040 Right of entry.
A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of any land use, public health or business regulatory ordinance, or whenever the mayor or code enforcement officer has cause to believe that a violation of any land use, public health or business regulatory ordinance has been or is being committed, the code enforcement officer may, upon receiving consent from the occupier, enter any building, structure, property or portion thereof at reasonable times to inspect the same.
B. Upon requesting entry, the mayor or code enforcement officer shall present identification credentials, and state the reason for the inspection.
C. If such building, structure, property or portion thereof is unoccupied, or if it is occupied but consent to enter is not given by the occupant, the code enforcement officer, prior to entry, shall obtain a search warrant from the superior court by showing that probable cause exists to believe that a violation of any land use, public health or business regulatory ordinance has been or is being committed. (Ord. 00-390 § 4, 2000)
1.14.050 Alternate legal remedies.
Notwithstanding the existence or use of any other remedy, the mayor or code enforcement officer may seek legal or equitable relief to enjoin any acts or practices, as an alternative or in addition to the abatement of any conditions which constitute or will constitute a violation of any land use, public health or business regulatory ordinance or rules and regulations adopted thereunder. (Ord. 00-390 § 5, 2000)
1.14.060 Criminal violations.
The town shall also have full authority to enforce all provisions of land use, public health and business regulatory ordinances as an alternative to any other judicial or administrative remedy provided in this chapter or any other ordinance. Any person who wilfully or knowingly violates any land use, public health or business regulatory ordinance, or rule and regulation adopted thereunder, or any other issued pursuant this chapter, or by any act of commission or omission procures, aids or abets such violation, shall be guilty of a violation of a town ordinance and upon conviction shall be punished by a fine not to exceed five thousand dollars or imprisonment for a term not to exceed one year, or both, and each day during which such violation continues shall be considered an additional violation. (Ord. 00-390 § 6, 2000)
1.14.070 Abatement proceedings authorized.
In addition to, or as an alternative to any judicial or administrative remedy provided in this chapter or by law or other ordinance, the mayor or code enforcement officer may order a land use, public health or business regulatory ordinance violation to be abated. The mayor or code enforcement officer may order any person who creates or maintains a violation of any land use, public health or business regulatory ordinance, or rules and regulations adopted thereunder, to commence corrective work and to complete the work within such time as the mayor or code enforcement officer determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the mayor or code enforcement officer shall proceed to abate the violation and cause the work to be done. The costs thereof shall be charged as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. (Ord. 00-390 § 7, 2000)
1.14.080 Assessment of civil penalties.
A. Any person or organization who violates any land use, public health or business regulatory ordinance, or rules and regulations adopted thereunder, or the conditions of any permit issued pursuant to such ordinances, or who, by any act of commission or omission procures, aids or abets such violation shall be subject to civil penalties as provided in this chapter.
B. Civil penalties may be directly assessed by the mayor or code enforcement officer by means of a notice and order issued pursuant to this chapter and may also be assessed in any legal action filed with the courts.
C. Civil penalties assessed by means of a notice and order shall be collected in accordance with the lien, personal obligation and other procedures specified in this chapter. Civil penalties assessed in a legal action in court shall be collected in the same manner as judgments in civil actions. (Ord. 00-390 § 8, 2000)
1.14.090 Accumulations of civil penalties.
Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be deemed a separate violation for purposes of this chapter. Civil penalties for failure to obtain any required permit shall begin to accrue on the first day activity subject to the permit requirement is commenced and shall cease to accrue on the day the permit is obtained. Civil penalties for violation of any stop work order shall begin to accrue on the first day the stop work order is posted and shall cease on the day the work is actually stopped. (Ord. 00-390 § 9, 2000)
1.14.100 Schedule of civil penalties.
A. Civil penalties for violations by persons shall be assessed pursuant to the following schedule:
1. Violation relating to solid waste: $300.00 per violation
2. Violation relating to noise: $100.00 per violation
3. Violation relating to water and sewer systems: 100.00 per violation
4. Violation relating to grading and grading permits: 100.00 per violation
5. Violation relating to subdivisions: 100.00 per violation
6. Violation of any stop work order: 100.00 per violation
7. All other violations of any land use, public health or business regulatory ordinance: 100.00 per violation
B. Where the specific code section violated provides for a particular civil penalty, that civil penalty shall be set forth in the notice and order with respect to that violation. Where the code section or chapter violated does not provide for a specific civil penalty provision, the civil penalty for such violation shall be one hundred dollars.
C. Penalties for the second separate violation by the same person shall be double the rates identified in subsections A and B of this section. Penalties for any separate violation beyond a second violation by the same person shall be triple the rates identified in subsections A and B of this section. (Ord. 390 § 10, 2000)
1.14.110 Initiation of enforcement action.
A. Whenever the town has reason to believe that a use or condition exists in violation of any land use, public health or business regulatory ordinance, or rules and regulations adopted thereunder, the mayor or code enforcement officer may initiate injunctive action or, at the mayor’s discretion, may initiate an administrative notice and order proceeding pursuant to this chapter to assess civil penalties, to abate the violation, or to suspend or revoke any regulatory permits issued by the town.
B. Pending commencement and completion of the notice and order procedure provided for in this chapter, the mayor or code enforcement officer may cause a stop work order to be posted on the subject property or to be served on persons engaged in any work or activity in violation of a land use, public health or business regulatory ordinance. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorized by the mayor or code enforcement officer to proceed. (Ord. 390 § 11, 2000)
1.14.120 Notice and order.
A. Whenever the mayor or code enforcement officer has reason to believe that violation of a land use, public health or business regulatory ordinance, or any rules and regulations adopted thereunder, will be most promptly and equitably terminated by an administrative notice and order proceeding, written notice and order shall be directed to the owner and operator of the source of the violation, the person in possession of the property where the violation originates, and the person otherwise causing or responsible for the violation.
B. The notice and order shall contain:
1. The street address, when available, and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;
2. A statement that the mayor or code enforcement officer has found the person to be in violation of a land use, public health or business regulatory ordinance with a brief and concise description of the conditions found to be in violation;
3. A statement of the corrective action required to be taken. If the mayor or code enforcement officer has determined that corrective work is required, the order shall require that all necessary permits be secured and that the work and be completed within such time as the mayor or code enforcement officer determines is reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed by reason of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
5. Statements advising that if any required work is not completed within the time specified, the mayor or code enforcement officer will proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation; and if any assessed civil penalty is not paid, the mayor or code enforcement officer will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation;
6. A statement advising that the order shall become final, unless, no later than ten days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the hearing examiner. (Ord. 390 § 12, 2000)
1.14.130 Supplemental notice and order.
The mayor or code enforcement officer may at any time add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notices and orders contained in this chapter. (Ord. 00-390 § 13, 2000)
1.14.140 Service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective two days after the date of postmark. The notice and order may be, but is not required to be posted on the subject property. (Ord. 00-390 § 14, 2000)
1.14.150 Administrative conference.
An informal administrative conference may be conducted any time by the mayor or code enforcement officer for the purpose of providing a forum for efficient resolution of any violations. The mayor or code enforcement officer may call a conference in response to a request from any person aggrieved by the notice and order, or on the mayor’s or code enforcement officer’s own motion. Attendance at the hearing shall be determined by the mayor or code enforcement officer and need not be limited to those named in a notice and order. As a result of information developed at the conference, the mayor or code enforcement officer may affirm, modify or revoke the order. The administrative conference is optional and is not a prerequisite to utilization of any of the enforcement provisions described in this chapter. (Ord. 00-390 § 15, 2000)
1.14.160 Appeals.
A. Any person aggrieved by the notice and order may request in writing, within ten days of the service of the notice and order, an appeal hearing before the Woodway hearing examiner. The request shall cite the notice and order appealed from and shall contain a brief statement of the reasons for seeking the appeal hearing. The written request shall be filed with the town clerk within the ten day period.
B. The appeal hearing shall be electronically recorded and the hearing examiner shall have such rulemaking and other powers necessary for conduct of the hearing as are specified by ordinance. The appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to every appealing party, to the mayor, and to other interested persons who have requested in writing that they be so notified. The director may submit a report and other evidence.
C. Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To produce rebuttal evidence;
5. To represent himself or herself or to be represented by an attorney at law.
D. Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if it is found that a violation occurred. The hearing examiner shall reverse the order if it is found that no violation occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties.
E. Whenever possible, the appeal shall be combined with any other appeal from enforcement actions relating to the same subject matter and falling within the jurisdiction of the hearing examiner. (Ord. 00-390 § 16, 2000)
1.14.170 Finality of order.
A. Any order duly issued by the mayor or code enforcement officer pursuant to the procedures contained in this chapter shall become final fifteen days after service of the notice and order unless a written request for hearing is filed with the town clerk within that fifteen-day period.
B. An order which has been appealed shall become final fifteen days after mailing of the hearing examiner’s decision unless a party to the appeal requests a reconsideration within that time period by filing a motion for reconsideration with the town clerk. Code enforcement decisions may not be appealed to the town council. If a motion for reconsideration is filed, the hearing examiner’s reconsideration decision shall become final immediately upon issuance and may not be revisited. All hearing examiner decisions are subject to judicial review once they become final.
C. A motion for reconsideration must state in writing the legal and/or factual grounds for the reconsideration, and may be accompanied by written argument. Motions for reconsideration shall be considered by the hearing examiner without oral argument, unless requested by the examiner.
D. No response to a motion for reconsideration shall be filed unless requested by the hearing examiner. No motion for reconsideration will be granted without such a request. If a response is called for, a reply may be filed within two days of service of the response. (Ord. 00-390 § 17, 2000)
1.14.180 Hearing examiner jurisdiction for code enforcement.
A. Notwithstanding any authority conferred upon the hearing examiner by another section of this code, the hearing examiner shall have no authority to consider issues sounding in equity, including but not limited to equitable estoppel, when making a determination on the appeal of a code enforcement violation.
B. The scope of the examiner’s authority for code enforcement purposed should be limited to whether the alleged code violation has occurred, and what penalties should be assessed against the violator.
C. The hearing examiner shall not have the authority to waive code requirements, or prevent the town from taking future enforcement action against a violator. (Ord. 00-390 § 18, 2000)
1.14.190 Enforcement of final order.
A. If, after any order has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, the mayor may:
1. Cause such person to be prosecuted under the provisions of this chapter; and/or
2. Abate the violation; and/or
3. Bring an action in district court or superior court to obtain a civil judgment.
B. Once a civil judgment has been obtained, the town may proceed to collect the penalty in the same manner as other civil judgments. The town attorney is authorized to file a judgment lien pursuant to RCW 4.56.190 and 4.56.200.
C. Enforcement of any notice and order shall be stayed during the pendency of any appeal, except when the mayor determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. (Ord. 00-390 § 19, 2000)
1.14.200 Personal obligation authorized.
The civil penalty and the costs of abatement, together with any costs incurred by the director or designee, are also joint and separate personal obligations of any person or persons in violation. The town attorney, on behalf of the town, may collect the civil penalties and abatement costs through any appropriate legal remedies. The civil penalty and abatement costs are deemed public debt and the town may retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently existing or as may subsequently be amended. (Ord. 00-390 § 20, 2000)
1.14.210 Suspension of permits.
A. The mayor or code enforcement officer may temporarily suspend any permit issued by the town under a land use, public health or business regulatory ordinance for any of the following reasons:
1. Failure of the holder or operator to comply with the requirements of any land use, public health or business regulatory ordinance or rules or regulations promulgated thereunder; or
2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter;
3. Failure of the holder or operator to comply with a stop work order.
B. Such permit suspension shall be carried out through the notice and order provisions of this chapter, and the suspension shall be effective upon service of the notice and order on the holder or operator. The holder or operator may appeal such suspension as provided by this chapter.
C. Notwithstanding any other provision of this chapter, whenever the mayor or code enforcement officer finds that a violation of any land use, public health or business regulatory ordinance, or rules and regulations adopted thereunder, has created, or is creating, an unsanitary, dangerous or other condition which is deemed to constitute an immediate and irreparable hazard, suspension and termination of operations under the permit may be required immediately without service of a written notice and order. (Ord. 00-390 § 21, 2000)
1.14.220 Revocation of permits.
A. The mayor or code enforcement officer may permanently revoke any permit issued by the town under land use, public health or business regulatory ordinance for any of the following reasons:
1. Failure of the holder or operator to comply with the requirements of any land use, public health or business regulatory ordinance, or rules or regulations adopted thereunder; or
2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter; or
3. Interference with the mayor or code enforcement officer in the performance of official duties; or
4. Discovery by the mayor or code enforcement officer that a permit was issued in error or on the basis of incorrect information supplied to the town.
B. Such permit revocation shall be carried out through the notice and order provisions of this chapter and the revocation shall be effective upon service of the notice and order upon the holder or operator. The holder or operator may appeal such revocation, as provided by this chapter.
C. A permit may be suspended pending its revocation or a hearing relative thereto. (Ord. 00-390 § 22, 2000)
1.14.230 Declaration of junk vehicles as nuisance.
Junk motor vehicles in areas not zoned for storage of junk or scrap metal are declared a public nuisance subject to abatement and removal. (Ord. 00-390 § 23, 2000)
1.14.240 Definition of junk vehicle.
"Junk vehicle" means a motor vehicle certified as meeting all of the following requirements:
A. Is three years old or older;
B. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor or transmission;
C. Is apparently inoperable;
D. Is without valid, current license plates or certificate of registration;
E. Has a fair market value equivalent only to the value of the scrap in it. (Ord. 00-390 § 24, 2000)
1.14.250 Certification.
The director or code enforcement officer may inspect and certify that a vehicle meets the requirements of a junk vehicle. Such certification shall be in writing and shall record the make of the vehicle, the vehicle identification number, and the license plate number of the vehicle if available. The certifying individual shall also describe in detail the damage, missing equipment, or condition to verify that the value of the junk vehicle is equivalent only to its value as scrap. (Ord. 00-390 § 25, 2000)
1.14.260 Junk vehicle violations.
It is unlawful to park, store or abandon junk vehicles on private property, subject only to the exceptions provided in Section 1.14.310. Such a violation shall be deemed a nuisance subject to abatement. (Ord. 00-390 § 26, 2000)
1.14.270 Exceptions.
The provisions of this chapter relating to junk vehicles shall not apply to a vehicle or part thereof which: (1) is not visible from the street or other public or private property; or (2) is stored or parked in a lawful manner on fenced private property in connection with the business of a licensed hulk hauler, tow truck operator, dismantler, repair facility, or motor vehicle dealer and is fenced. (Ord. 00-390 § 27, 2000)
1.14.280 Notices required.
The last registered owner of the junk vehicle and the property owner of record shall each be given a notice and order pursuant to this chapter. Each shall have the right of appeal as provided by this chapter. The notice and order need not be provided to the last registered owner of the vehicle if the vehicle is in such condition that the identification numbers cannot be readily determined or if the owner of the land has prevented access to the vehicle. (Ord. 00-390 § 28, 2000)
1.14.290 Abatement and removal.
After the notice and order becomes final, the junk vehicle or vehicles shall be removed by a licensed tow truck operator or hulk hauler and the director shall give notice to the Washington State Patrol and to the Washington State Department of Licensing. (Ord. 00-390 § 29, 2000)
1.14.300 Costs of abatement and removal.
The costs of abatement and removal may be assessed against the last registered owner as in the case of abandoned motor vehicles pursuant to state law. The costs of abatement and removal, any civil penalties assessed, and costs incurred by the town of Woodway, may also be imposed and be enforced as provided by this chapter. (Ord. 00-390 § 30, 2000)
1.14.310 Severability.
Should any section, paragraph, sentence, clause or phrase of the ordinance codified in this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of the ordinance codified in this chapter be preempted by state or federal law or regulation, such decision or legislation shall not affect the validity of the remaining portions of the ordinance codified in this chapter or its application to other persons or circumstances. (Ord. 00-390 § 31, 2000)