Chapter 8.18 ADMINISTRATIVE ENFORCEMENT PROGRAM

The city council of the city of Zillah finds that enforcement of the Zillah Municipal Code and applicable state codes is an important public activity. Code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The city council recognizes that code enforcement is effective only when done quickly and fairly. The city council further finds that an enforcement system that allows a combination of judicial and administrative remedies is effective in correcting violations. (Ord. 1410 § 1, 2016)

8.18.020 Scope.

The provisions of this chapter may be applied to the enforcement of the Zillah Municipal Code or applicable state laws within the city of Zillah and such territory outside the city of Zillah over which the city has jurisdiction or responsibility by virtue of any constitutional provision or applicable law. This chapter establishes an additional remedy that may be used by the city to achieve compliance with applicable codes. Applicable provisions of the municipal city code and state codes include, but are not limited to, the following:

A. Occupancy violation and International Building/Housing/Fire Codes, ZMC Title 15;

B. Dangerous or unfit buildings, dwellings and structures;

C. Zoning code, ZMC Titles 15 and 17;

D. Nuisances, Chapter 8.12 ZMC;

E. Landscaping, ZMC Title 17;

F. Signs, Chapter 15.50 ZMC;

G. Fences and obstructions at intersections;

H. No building permit, no business license, ZMC Titles 5 and 15;

I. Home occupations, ZMC Title 17;

J. Nonpermitted uses, ZMC Title 17;

K. Compliance with city council, planning commission or hearing examiner decisions, orders and determinations; and

L. Abatement, Chapter 8.12 ZMC. (Ord. 1410 § 1, 2016)

8.18.030 Existing law continued.

The provisions of this chapter shall not invalidate any other title, chapter or ordinance of the Zillah Municipal Code, but shall be read in conjunction with those titles, chapters and ordinances, and shall be used as an additional or supplemental remedy for enforcement of violations thereof. (Ord. 1410 § 1, 2016)

8.18.040 Criminal prosecution right.

City shall have sole discretion and responsibility with regard to filing and prosecution of civil, criminal, administrative, and/or judicial enforcement actions for the violation of any of its ordinances or applicable code requirements. The enactment of this chapter shall not be construed as a limit to the city’s prosecutorial discretion with respect to any enforcement action including prosecution of any violation as a criminal offense. If the city chooses to file both administrative and criminal charges for the same violation, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available. (Ord. 1410 § 1, 2016)

8.18.050 Severability.

If any section, subsection, sentence, clause, phrase, portion, or provision of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. City council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, portions, or provision thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter. (Ord. 1410 § 1, 2016)

8.18.060 Civil liability.

By establishing performance standards or by establishing obligations to act, it is the intent of the city council that city employees and officers are exercising discretionary authority in pursuit of an essential government function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability. (Ord. 1410 § 1, 2016)

8.18.070 General rules of interpretation.

For purposes of this chapter:

A. Any gender includes the other gender.

B. “Shall” is mandatory; “may” is permissive.

C. The singular number includes the plural, and the plural the singular.

D. Words used in the present tense include the past and future tense and vice versa.

E. Words and phrases used in this chapter and not specifically defined shall be construed according to the context and ordinary usage of the language.

F. Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this chapter as a whole. (Ord. 1410 § 1, 2016)

8.18.080 Definitions applicable to this chapter generally.

In the construction of this chapter, the following words and phrases shall be defined as set forth in this section unless a different meaning is specifically defined elsewhere in this chapter and specifically stated to apply:

A. “Administrative citation” means a citation issued to a responsible person, which gives notice of a violation and the civil fee for such violation.

B. “Administrative enforcement order” means an order issued by the hearing officer. The order may include an order to abate the violation, pay civil fees and administrative costs, or take any other action as authorized or required by this chapter and applicable city and state codes.

C. “Administrative enforcement hearing” means a hearing held pursuant to the procedures established by this chapter and at the request of a responsible person.

D. “City” means the city of Zillah, including the city administrator and all other employees of the city.

E. “Director” means the planning and community development director or his/her designee.

F. “Enforcement official” means any person authorized by the city to enforce violations of the Zillah Municipal Code or applicable state codes, including but not limited to police officers, building inspection officials, fire marshal, and animal control officers.

G. “Hearing examiner” means any person appointed by city council to preside over administrative enforcement hearings.

H. “Imminent life safety hazard” means any condition that creates a serious and immediate danger to life, property, health, or public safety.

I. “Notice of compliance” means a document or form approved by the director that indicates that a property complies with the requirements outlined in a notice of violation.

J. “Notice of emergency abatement” means a written notice that informs a responsible person of emergency abatement actions taken by the city and the costs of those actions and orders payment of those costs.

K. “Notice of itemized bill for costs” means a written notice to a responsible person, itemizing the city’s costs and ordering payment of those costs.

L. “Notice of violation” means a written notice that informs a responsible party of code violations and orders certain steps to correct the violations.

M. “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the lessee, agent, officer, representative or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.

N. “Property owner” means the record owner of real property as shown on the records of the Yakima County assessor.

O. “Responsible party” means the person(s) determined by the city to be responsible for creating, causing, maintaining or failing to abate any violation of the Zillah Municipal Code or applicable state codes. The term “responsible party” shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of the Zillah Municipal Code or other applicable law.

P. “Written” includes handwritten, typewritten, photocopied, computer printed or facsimile. (Ord. 1410 § 1, 2016)

8.18.090 Acts include causing, aiding and abetting.

Whenever any act or omission is made unlawful in this chapter, it shall include causing, permitting, aiding, or abetting such act or omission. (Ord. 1410 § 1, 2016)

8.18.100 Notification and service of notice requirements.

A. Whenever a violation is observed or reported to an enforcement official, the enforcement official or his/her designee shall make reasonable effort to personally contact the responsible person and advise such person of the violation and the steps necessary to remedy the violation. If such personal contact is not reasonably feasible, the enforcement official may proceed to issue notice of the violation as set forth below.

B. Whenever a notice is required to be given under this chapter, the notice shall be served by one or any, in combination, of the following methods, unless different provisions are otherwise specifically stated to apply:

1. Personal service;

2. Regular mail, postage prepaid, to the last known address of a responsible person;

3. Posting the notice conspicuously on or in the property. The form of the posted notice shall be approved by the director; or

4. Published in a newspaper of general circulation.

C. Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.

D. Service by regular mail in the manner set forth above shall be deemed served on the third day after the date of mailing.

E. Service by more than one means (i.e., combination of posting and service by mail) shall be deemed served on the earliest date of effective service (i.e., on date of posting). (Ord. 1410 § 1, 2016)

8.18.110 General enforcement authority.

Whenever an enforcement official finds that a violation of the city code or applicable law has occurred or continues enforcement official may undertake any of the available procedures established by Zillah Municipal Code or applicable law. Director or any designated enforcement official shall have the authority to secure compliance with the provisions of such codes subject to the provisions of this chapter. Such authority shall include the power to issue notices of violation and citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this chapter, Zillah Municipal Code or applicable law. The city administrator is authorized to adopt policies and procedures implementing the provisions of this chapter. (Ord. 1410 § 1, 2016)

8.18.120 Authority to inspect.

Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to investigate and determine compliance with provisions of Zillah Municipal Code or applicable laws including the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If a property owner refuses to allow an enforcement official to enter the property, the enforcement official shall obtain a search warrant before entering the property. (Ord. 1410 § 1, 2016)

8.18.130 Failure to obey a subpoena.

It shall be unlawful for any person to willfully or otherwise refuse or fail to comply with a subpoena issued for an administrative enforcement hearing. A violation of this section shall be a misdemeanor. (Ord. 1410 § 1, 2016)

Article II. Administrative Enforcement Hearing Procedures

8.18.140 Administrative enforcement hearings.

It is the intent of the city council to afford any responsible person due process of law during the enforcement process. Due process of law shall require adequate notice and an opportunity to request and to participate in any hearing. The following procedures are intended to establish quick, efficient and fair process for review of violations of the Zillah Municipal Code and applicable laws. (Ord. 1410 § 1, 2016)

8.18.150 Request for administrative enforcement hearing.

A. A responsible person served with one of the following documents or notices shall have the right to request an administrative enforcement hearing, if the request is filed within 10 calendar days from the date of service of one of the following notices:

1. Notice of violation;

2. Notice of itemized bill for costs;

3. Administrative citation; or

4. Notice of emergency abatement.

B. The request for an administrative enforcement hearing shall be made in writing.

C. As soon as practicable after receiving the written notice of the request for an administrative enforcement hearing, the city administrator or his/her designated hearing examiner shall schedule a date, time and place for the administrative enforcement hearing.

D. Failure to request an administrative enforcement hearing within 10 calendar days from the date of service of any of the notices in subsection (A) of this section shall constitute a waiver of the right to an administrative enforcement hearing and the right to an appeal.

E. Within 20 days of the issuance of a notice of violation, the city may request an administrative enforcement hearing for the purpose of compelling a responsible person to comply with correction required on a notice of violation.

F. If a responsible person fails to request a hearing after being issued a notice of violation as provided herein, the corrective action detailed on the notice of violation shall be considered the administrative enforcement order pursuant to ZMC 8.18.210. (Ord. 1410 § 1, 2016)

8.18.160 Notification of administrative enforcement hearing.

A. Written notice of the date, time and place of the administrative enforcement hearing shall be served to the responsible person as soon as practicable prior to its date.

B. The notice shall be served by any of the methods of service set forth in ZMC 8.18.100. (Ord. 1410 § 1, 2016)

8.18.170 Hearing examiner.

City administrator or his/her designee shall serve as hearing examiner. Hearing examiner shall have no personal or financial interest in the matter for which they are conducting a hearing. A city employee may serve as hearing examiner. City administrator may appoint and designate any qualified person to serve as hearing examiner, either on a case-by-case basis, by retainer, contract or any other means deemed appropriate. (Ord. 1410 § 1, 2016)

8.18.180 Powers of hearing examiner.

A. A hearing examiner shall have authority to hold and conduct an administrative enforcement hearing for violations and enforcement of Zillah Municipal Code or other applicable law.

B. A hearing examiner may continue a hearing for good cause established by a party or if the hearing examiner independently determines that a continuance is reasonable or necessary in the administration of justice.

C. At the request of any party and upon a showing of good cause, hearing examiner may issue subpoenas to compel attendance of witnesses, production of documents, or other evidence. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

D. A hearing examiner may require a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, if requested by the enforcement official handling the matter for the city.

E. Hearing examiner is not authorized to make determinations as to the existence of nonconforming rights, structures or uses. If a responsible person claims a nonconforming right as a defense, hearing examiner may continue the administrative enforcement hearing and shall refer the matter to the director for further information reasonable, necessary or of assistance in determining the existence of a nonconforming right. The final decision following the hearing examiner’s determination shall be binding on all the parties, subject to applicable appeal rights. The responsible person shall bear the costs of any referral and any appeal by the responsible party of the hearing examiner’s decision. (Ord. 1410 § 1, 2016)

8.18.190 Procedures at administrative enforcement hearing.

A. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing, and hearing examiner shall have authority to determine the scope of reasonable discovery. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. Hearing examiner may establish rules and procedures for the administrative enforcement hearing provided such rules and procedures are consistent with adopted policies and procedures.

B. The city shall bear the burden of proof, by a preponderance of the evidence, to establish a violation of Zillah Municipal Code or applicable law.

C. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his/her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

D. All administrative enforcement hearings shall be open to the public and shall be recorded by audiotape and/or video. In the discretion of the hearing examiner, administrative enforcement hearings may be held at the location of the violation or may include a visit to the location of the violation.

E. The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address and telephone number shall be given to the city at least five days prior to the hearing. If such notice is not given, the hearing may be continued at the city’s request, and all costs of the continuance shall be assessed to the responsible person.

F. Hearing examiner may request that a language interpreter be present at any administrative enforcement hearing if such is deemed necessary or appropriate by the hearing examiner. Determination of qualification and approval of any interpreter is vested in the hearing examiner.

G. The burden to prove any raised defense shall be upon the party raising any such defense. The burden of proof shall be a preponderance of the evidence. (Ord. 1410 § 1, 2016)

8.18.200 Failure to attend administrative enforcement hearing.

A responsible person who fails to appear at an administrative enforcement hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal; provided, that proper notice of the hearing has been given as provided in ZMC 8.18.100. (Ord. 1410 § 1, 2016)

8.18.210 Administrative enforcement order.

A. City and responsible person may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be entered as an administrative enforcement order. Entry of such agreement shall constitute a waiver of the right to an administrative enforcement hearing and the right to appeal.

B. After all evidence and testimony are presented, the hearing examiner shall issue a written administrative enforcement order that affirms, rejects or modifies the notice or citation.

C. Hearing examiner may issue an administrative enforcement order that requires a responsible person to cease and desist from violating the Zillah Municipal Code or applicable law and to take any necessary corrective action.

D. Hearing examiner may authorize the city to enter the property and abate all violations and may further authorize filing of a lien against the subject property in the amount of costs and fees incurred and assessed, together with interest at the legal rate.

E. Hearing examiner may revoke a kennel permit, an animal license, or the right to possess animals as provided in the city code.

F. As part of an administrative enforcement order, a hearing examiner may establish specific deadlines for the payment of fees and costs and condition the total or partial assessment of civil fees on the responsible person’s ability to take necessary corrective action by specified deadlines.

G. Hearing examiner may issue an administrative enforcement order imposing civil fees. Such fees shall continue to accrue until the responsible person complies with the hearing examiner’s decision and corrects the violation.

H. Hearing examiner may schedule subsequent review hearings as may be necessary or as requested by the city to ensure compliance with an administrative enforcement order.

I. Hearing examiner may order a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the city.

J. An administrative enforcement order shall become final on the date of signing by a hearing examiner.

K. An administrative enforcement order shall be served on all parties by any one of the methods listed in ZMC 8.18.100. When required by this chapter, the director shall record the administrative enforcement order with the Yakima County auditor’s office.

L. After a hearing examiner has issued an administrative enforcement order, the director shall monitor the matter for compliance with the administrative enforcement order. (Ord. 1410 § 1, 2016)

8.18.220 Failure to comply.

It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a final administrative enforcement order. A violation of this section shall be a misdemeanor. (Ord. 1410 § 1, 2016)

8.18.230 Appeal.

A. Any responsible person adversely affected by a final administrative enforcement order may file a petition for review in the Zillah municipal court.

B. The petition for review shall be barred unless it is filed within 30 days following signing of the administrative enforcement order.

C. In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary, capricious or illegal.

D. The court shall:

1. Presume that the administrative enforcement order is valid;

2. Review the record to determine whether the order was arbitrary, capricious or illegal; and

3. Affirm the administrative enforcement order if it is supported by substantial evidence in the record; or

4. Remand the administrative enforcement order if it is not supported by substantial evidence in the record.

E. The record of the proceedings including exhibits, minutes, findings, orders, recording of administrative hearing and, if determined by the municipal court, a true and correct transcript of the proceeding shall be transmitted to the reviewing court. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection.

F. Appellate review shall be limited to the administrative record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the hearing examiner and the court determines that it was improperly excluded by the hearing examiner. The court may call witnesses and take evidence if there is no record.

G. The filing of a petition for review does not stay execution of an administrative enforcement order. Before filing a petition, a responsible person may request the hearing examiner to stay an administrative enforcement order. Upon receipt of a request to stay, the hearing examiner may order the administrative enforcement order to be stayed pending court review if the hearing examiner finds such stay to be in the best interest of the city. (Ord. 1410 § 1, 2016)

Article III. Administrative Abatement

8.18.240 Administrative abatement.

Any condition existing that is in violation of any provision of Zillah Municipal Code or applicable law may be abated by the city pursuant to the procedures set forth herein. (Ord. 1410 § 1, 2016)

8.18.250 Notice of violation.

A. Whenever an enforcement official determines that a violation of the Zillah Municipal Code or applicable law has occurred or continues to exist, a notice of violation may be issued by enforcement official to the responsible person. The notice of violation shall include the following information:

1. Name of the responsible person.

2. Street address of violation.

3. Date of violation.

4. All code sections violated and a description of the condition that violates the applicable code.

5. All remedial action required to permanently correct any violation, which may include corrections, repairs, demolition, removal or other appropriate action.

6. Specific date to correct the violation set forth in a notice of violation.

7. Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to: criminal prosecution; civil fees; revocation of permits; recordation of the notice of violation; withholding of municipal permits; abatement of the violation; costs; administrative fees; city lien for its costs and fees incurred if city abates or corrects the violation, or any portion thereof; and any other legal remedies.

8. Statement that civil fees will begin to accrue immediately on expiration of the date to correct violation.

9. The amount of the civil fee for each violation and a statement that the civil fee shall accrue daily until the violation is corrected.

10. Demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the city.

11. Procedures to request an administrative enforcement hearing and consequences for failure to request such hearing.

12. Statement that when the violation is brought into compliance the responsible person must request an inspection.

B. The notice of violation shall be served by one of the methods of service listed in ZMC 8.18.100. (Ord. 1410 § 1, 2016)

8.18.260 Requesting hearings.

A responsible person shall have the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of violation. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. (Ord. 1410 § 1, 2016)

8.18.270 Failure to correct.

It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this section shall be a misdemeanor. (Ord. 1410 § 1, 2016)

8.18.280 Inspections.

It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $47.00 shall be assessed for each subsequent inspection. (Ord. 1410 § 1, 2016)

8.18.290 Authority to abate.

Director and any designee or contractor retained by the city for such purposes are hereby authorized to enter upon any property or premises to abate a violation of the city code and applicable state codes as set forth in ZMC 8.18.120. Director shall assess all costs for abatement to the responsible person and may use any remedy available under law to collect such costs, and is authorized to file and record a lien against the subject property in the amount of costs and fees incurred, together with interest at the legal rate. If additional abatement is necessary within two years, treble costs shall be assessed against the responsible person for the actual abatement. (Ord. 1410 § 1, 2016)

8.18.300 Procedures for abatement.

A. Violations may be abated by city personnel or by a private contractor acting under direction of the city.

B. City personnel or a private contractor may enter upon a private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.

C. If a responsible person abates the violation before the city abates the violation pursuant to a notice of violation or administrative enforcement order, director shall nevertheless assess all costs actually incurred by the city against the responsible person.

D. When abatement is completed, the director shall prepare a notice of itemized bill of costs.

E. Director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person. The notice shall demand full payment within 20 days to the city finance department. If no timely request for an administrative enforcement hearing is received, the director may file and record a lien against the subject property in the amount of the itemized bill for costs, plus recording fees, with interest at the legal rate. If a timely request for an administrative enforcement hearing is submitted, the director may seek authorization from the hearing examiner to file and record a lien for unpaid costs and/or fees against the subject property in the amount determined appropriate by the hearing examiner.

F. The responsible person shall have a right to an administrative enforcement hearing to contest the notice of itemized bill for costs. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to such hearing and a waiver of the right to appeal. (Ord. 1410 § 1, 2016)

8.18.310 Procedure for recordation.

A. For violations of city of Zillah Municipal Code or applicable law when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an administrative enforcement hearing has not been timely requested, director, as a supplemental notice or remedy for violation, may record the notice of violation with the Yakima County auditor’s office.

B. If an administrative enforcement hearing is held, and an administrative enforcement order is issued, or if a city lien for costs and fees incurred for abatement is issued, director may record the administrative enforcement order and lien with the Yakima County auditor’s office.

C. Notice of recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in ZMC 8.18.100. (Ord. 1410 § 1, 2016)

8.18.320 Notice of compliance.

A. When a violation is corrected, a responsible person shall request an inspection from the director.

B. When the director receives such request, director shall re-inspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.

C. Director shall serve a notice of compliance to the responsible person and property owner in the manner provided in ZMC 8.18.100 if the director determines that:

1. All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;

2. All necessary permits have been issued and finalized;

3. All assessed penalty fees have been paid; and

4. All assessed administrative fees and costs have been paid.

D. Director shall record the notice of compliance with the Yakima County auditor’s office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation and release of any lien filed by the city pursuant to this chapter. (Ord. 1410 § 1, 2016)

8.18.330 Prohibition against issuance of municipal permits.

City shall withhold issuance of business licenses, building permits or any permits requested or issued to responsible party where there has been a notice of violation or administrative hearing order issued with respect to responsible party or their property. City shall withhold such permits until a notice of compliance has been issued by the director. City shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations. (Ord. 1410 § 1, 2016)

8.18.340 Penalty for violation.

Penalty for the violation of any of the provisions of this chapter shall be as set forth below:

A. Any person violating the provisions of this chapter shall be deemed guilty of a civil violation and shall be punished by a fine of $100.00 for a first offense within a calendar year. One year shall be defined as January 1st through December 31st of each year. For a second violation within one calendar year, the person shall be punished by a fine of $150.00. For a third or any subsequent violations of this chapter within one calendar year, the person shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $150.00 nor more than $500.00. This section may be enforced separately and in addition to the liens process enumerated elsewhere in this chapter.

B. Each violation or noncompliance shall be corrected within the time limits set out in this chapter and, each day thereafter that a prohibited condition is maintained shall constitute a separate offense.

C. The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon, for which such person shall be liable, nor shall the payment of any such fee prevent prosecution in the municipal court of the city of Zillah of any complaint for the violation of any of the provisions of this chapter.

D. For any first violation not specifically listed in subsection (A) of this section, the civil fee shall be $100.00 for each day such offense remains uncorrected, for each offense. For any subsequent violations of any such offense, the civil fee shall be $200.00 each day such offense remains uncorrected, for each offense.

E. Payment of any penalty fee shall not excuse any failure to correct a violation or the recurrence of the violation, nor shall it bar further enforcement action by the city, including any appropriate criminal prosecution or issuance of applicable notice of infraction.

F. Penalty fees shall be paid to the city finance department. (Ord. 1410 § 1, 2016)

Article IV. Emergency Abatement

8.18.350 Emergency abatement.

A. Whenever the director determines that an imminent life safety hazard exists that requires immediate correction or elimination, the director shall exercise the following powers without notice to the responsible person:

1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

2. Post the premises as unsafe, substandard, or dangerous;

3. Board, fence or secure the building or site;

4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6. Take any other action appropriate to eliminate the emergency.

B. The director may, based on probable cause, enter property without a search warrant or court order to accomplish the above-listed acts. (Ord. 1410 § 1, 2016)

8.18.360 Procedure.

A. Director shall pursue a reasonable level of correction or abatement with respect to emergent condition or violation. Costs incurred by the city during the emergency abatement process shall be assessed and recovered against the responsible person and the property.

B. Director may also pursue any other administrative or judicial remedy to correct or abate the remaining violations.

C. After an emergency abatement, the city shall, within 10 days, serve a notice of itemized bill for costs to the responsible person for the abatement action taken. Such notice shall include a description of the imminent life safety hazard.

D. A responsible person has the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided herein shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. (Ord. 1410 § 1, 2016)

Article V. Administrative Citations

8.18.370 Purpose.

The city council finds that an appropriate method of enforcement for violations of the city code and applicable state codes is by administrative citation. The procedure established in this chapter shall be an alternative procedure and in addition to those procedures set forth in this chapter, Zillah Municipal Code or applicable law. (Ord. 1410 § 1, 2016)

8.18.380 Administrative citations.

A. Upon discovering a violation of the Zillah Municipal Code or applicable law that does not require a notice of violation, an enforcement official shall serve an administrative citation on the responsible person.

B. The administrative citation shall be served in the same manner prescribed in ZMC 8.18.100.

C. The enforcement official shall attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign an administrative citation, such failure or refusal shall not affect the validity of the citation and subsequent proceedings. (Ord. 1410 § 1, 2016)

8.18.390 Contents of citation.

Each administrative citation shall include the following information:

A. The date and location of all violations;

B. Code sections violated;

C. The amount of the penalty fees imposed for each violation;

D. An explanation of how the penalty fees shall be paid, and the consequences of failure to pay the penalty fees;

E. Identify the right to and the procedures for requesting an administrative enforcement hearing; and

F. The signature of the enforcement official and, if possible, the signature of the responsible person. (Ord. 1410 § 1, 2016)

8.18.400 Penalty fees assessed.

A. Fines and fees shall be due and payable immediately upon service of an administrative citation.

B. Payment of any fines or fees shall not excuse correction of a violation or waive any enforcement rights for recurring or subsequent violations, nor shall it bar further enforcement action by the city.

C. Fines or fees shall be paid to the city finance department or Zillah municipal court. (Ord. 1410 § 1, 2016)

Article VI. Costs and Fees

8.18.410 Purpose.

A. The city council finds that costs incurred by enforcement officials and other city personnel to correct violations should be recovered from the responsible person.

B. The city council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, re-inspection fees, filing fees, attorney fees, hearing examiner fees, title search, and any additional actual costs incurred by the city for each individual case. The assessment and collection of costs shall not preclude the imposition of any judicial fees or fines for violations of the city code or applicable state codes. (Ord. 1410 § 1, 2016)

8.18.420 Assessment of costs.

A. Whenever actual costs are incurred by the city to enforce the city code and applicable state codes, such costs shall be assessed against the responsible person.

B. The director shall serve the responsible person with a notice of itemized bill for costs.

C. The responsible person shall have a right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. (Ord. 1410 § 1, 2016)

8.18.430 Failure to timely pay costs.

The failure of any person to pay assessed costs by the deadline specified in an invoice shall result in a late fee calculated at the rate of one and one-half percent per month. Additionally, the city may file a lien against the subject property for the amount of unpaid costs and/or fees, plus recording fees, with interest at the legal rate. (Ord. 1410 § 1, 2016)

8.18.440 Administrative cost funds.

Administrative costs and fees collected pursuant to this chapter shall be deposited in a fund existing or as established by the city for the enhancement of the city’s code enforcement efforts and to reimburse city departments for costs associated with the administration of this chapter. Fees and costs deposited in this fund shall be allocated pursuant to the city’s budget process and as authorized by applicable law. (Ord. 1410 § 1, 2016)

8.18.450 Allocation of penalty fees.

Penalty fees collected pursuant to this chapter shall be deposited in the city general fund. Penalty fees deposited in the general fund may be allocated pursuant to the city budget process and as authorized by applicable law. (Ord. 1410 § 1, 2016)