Chapter 15.06
ENFORCEMENT
Sections:
15.06.030 Code enforcement officer.
15.06.040 Voluntary correction.
15.06.050 Notice of violation.
15.06.075 Civil penalties – Waiver.
15.06.080 Stop work/use order.
15.06.095 Removal of stop work or stop use order – Misdemeanor.
15.06.100 Appeal to the hearing examiner.
15.06.110 Repeat or ongoing violation – Failure to abate – Misdemeanor.
15.06.130 Recovery of costs for abatement.
15.06.140 Interfering with abatement.
15.06.150 Additional enforcement procedures.
15.06.180 Severability – Construction.
15.06.010 Purpose.
A. The purpose of this chapter is to promote the health, safety, and welfare of the general public and to establish consistent enforcement methods and procedures to provide for compliance with the city’s building, construction, land use, street use, construction in the right-of-way, environmental protection, and permitting regulations.
B. This chapter does not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. This chapter does not establish or impose any duty whatsoever upon the city of Sumner or any of its officers or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory. Accordingly, no provision or term used in this chapter is intended to impose any duty which would subject the city or any of its officers or employees to damages in a civil action.
C. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings or responsible for actions regulated pursuant to this chapter. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.015 Definitions.
As used in this chapter, unless a different meaning is plainly required:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent as the code enforcement officer or the hearing examiner determines is necessary in the interest of the general health, safety and welfare of the community.
B. “Act” means doing or performing something.
C. “City” means city of Sumner.
D. “Civil violation” or “violation” means an act or omission contrary to a regulation as defined in subsection (J) of this section. A violation continues to exist until abated.
E. “Code enforcement officer” means the city’s code enforcement officers; building officials; building inspectors; construction inspectors; the public works director, or his or her designee; the police chief or his or her designee, or any other person or persons assigned or directed by the mayor, or his or her designee, to enforce the regulations subject to the enforcement and penalty provisions of this chapter.
F. “Hearing examiner” means the Sumner hearing examiner and the office thereof established pursuant to the Sumner Municipal Code.
G. “Omission” means a failure to act.
H. “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.
I. “Person responsible for the violation” means any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created or is responsible for the violation.
J. “Regulation” means and includes the following, as now enacted or hereafter amended:
1. All Sumner Municipal Code provisions identified in SMC 15.06.020;
2. All Sumner Municipal Code provisions making reference to this chapter;
3. All standards, regulations and procedures adopted by the city that make reference to this chapter; and
4. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to code provisions that make reference to this chapter.
K. “Repeat violation” means two or more violations of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or for which a notice of violation has been issued within two years.
L. “Ongoing violation” means the failure of a responsible party to complete any corrective action(s) required by a final order or final notice of violation within six months of the deadline stated in such order or notice. (Ord. 2778 § 1 (Exh. A), 2021; Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.020 Violations.
The provisions of this chapter shall apply to the enforcement of the following city regulations, as the same now exist or may hereafter be amended:
A. Business Licenses Generally, chapter 5.04 SMC;
B. Nuisances, chapter 8.16 SMC;
C. Building Numbers, chapter 12.16 SMC;
D. Sidewalk Construction, chapter 12.20 SMC;
E. Sidewalk Specifications, chapter 12.24 SMC;
F. Obstructing Public Right-of-Way, chapter 12.28 SMC;
G. Street and Public Trees, chapter 12.42 SMC;
H. Special Events, chapter 12.52 SMC;
I. Utility Work Permits, chapter 13.04 SMC;
J. Sewers, chapter 13.16 SMC;
K. Water Utility Service, chapter 13.24 SMC;
L. Stormwater Management Regulations, chapter 13.48 SMC;
M. Building Code, chapter 15.08 SMC;
N. Ventilation and Air Quality, chapter 15.10 SMC;
O. Unfit Dwellings, Buildings, and Structures, chapter 15.14 SMC;
P. Electrical Code, chapter 15.16 SMC;
Q. Energy Code, chapter 15.20 SMC;
R. Fire Code, chapter 15.24 SMC;
S. Fire Flow and Hydrants, chapter 15.28 SMC;
T. Construction Hours, chapter 15.34 SMC;
U. Mechanical Code, chapter 15.44 SMC;
V. Plumbing Code, chapter 15.48 SMC;
W. Flood Damage Prevention, chapter 15.52 SMC;
X. Manufactured Homes, chapter 15.60 SMC;
Y. SEPA Procedures and Policies, chapter 16.04 SMC;
Z. Control of Erosion and Sedimentation of Waterways, chapter 16.05 SMC;
AA. Shoreline Management; Enforcement, chapter 16.36 SMC;
BB. Resource, Wildlife and Hazard Area Regulation Framework, chapter 16.40 SMC;
CC. Wetlands Protection, chapter 16.46 SMC;
DD. Subdivisions; General Provisions, chapter 17.04 SMC;
EE. Zoning; Enforcement, chapter 18.59 SMC. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 2156 § 1, 2005: Ord. 1846 § 18, 1998: Ord. 1781 § 1 (part), 1996)
15.06.030 Code enforcement officer.
A. The code enforcement officer is responsible for administering enforcement of this chapter. The code enforcement officer may call upon the police, fire, community development, public works or other city departments to assist in enforcement.
B. For purposes of this chapter, the code enforcement officer shall be either the community service officer designated by the police chief and/or the person(s) designated by the director of the department of development service to act under this chapter.
C. Upon presentation of proper identification, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to investigate existing or potential violations pursuant to this chapter. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.040 Voluntary correction.
A. Applicability. This section applies whenever the code enforcement officer or city attorney determines that a violation of a regulation has occurred or is occurring.
B. General. Where, in the judgment of the code enforcement officer, or city attorney, it might be beneficial in resolving a code violation, they will make a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation and requesting correction.
C. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the city administrator or designee.
1. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the violation; and
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
c. A description of the violation and a reference to the provision(s) of the city ordinance or regulation which has been violated; and
d. The necessary corrective action to be taken, and a date or time by which correction must be completed; and
e. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and
f. An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to an appeal of the violation and/or the required corrective action, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner; and
g. An agreement that the person responsible for the violation consents to an inspection of the subject property by city staff for purposes of determining and confirming compliance with the voluntary correction agreement; and
h. An administrative fee, in an amount to be determined by the code enforcement officer, to be paid by the responsible party. The amount of the administrative fee should reflect the city’s administrative costs in monitoring and enforcing the voluntary correction agreement.
2. Right to a Hearing Waived. The person responsible for the violation waives the right to an appeal of the violation and the required corrective action upon entering into a voluntary correction agreement, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner.
3. Extension – Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the code enforcement officer or city attorney, if the person responsible for the violation has shown due diligence or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
4. Abatement by the City. The city may abate the violation in accordance with this chapter if the terms of the voluntary correction agreement are not met.
5. Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.050 Notice of violation.
A. If the code enforcement officer determines that a violation pursuant to this chapter has occurred, the code enforcement officer may issue a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:
1. The name of the party responsible;
2. The address or location of the violation;
3. A separate statement of each standard, code provision or requirement violated;
4. What corrective action is necessary to comply with the standards, code provisions or requirements;
5. A reasonable time for compliance pursuant to SMC 15.06.060;
6. A statement that civil penalties will be assessed if compliance does not occur within the established time frame for compliance;
7. A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in SMC 15.06.110; and
8. The deadline by which an affected party may file an appeal before the code compliance hearing examiner pursuant to SMC 15.06.100.
B. The notice of violation shall be served on the owner, tenant or other person responsible for the condition by either of the following methods:
1. Certified mail addressed to the last-known address of such person; or
2. Personal service; or
3. If after reasonable efforts, the whereabouts of the person cannot be determined and service cannot be accomplished through certified mail or personal service, by posting the notice of violation in a conspicuous place at the affected property or structure.
When service is accomplished by mail pursuant to subsection (B)(1) of this section, service shall be considered complete on the third day after the item is postmarked.
C. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each recipient or resident about the notice of violation, stop work order, or emergency order, or any other notice affecting the use of the property, and the applicable requirements and procedures.
D. A notice or order may be amended or modified at any time by the service of an amended notice or order. A notice or order may be amended or modified in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation; or
3. To reflect new information or change in circumstances involving the property or violation, including but not limited to changing the specific corrective action required or modifying a corrective action deadline. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.060 Time to comply.
A. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out the corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible party.
B. Unless an appeal is filed with the city clerk for a hearing before the hearing examiner in accordance with SMC 15.06.100, the notice of violation shall become the final order of the code enforcement officer. A copy of the notice may be filed with the Pierce County auditor. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.070 Civil penalties.
The code enforcement officer may assess and issue a monetary penalty for failure to comply with any deadline set forth in a notice of violation or voluntary correction agreement, and/or as otherwise authorized by state law or city code.
A. Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be as follows:
1. First day of each violation: $100.00;
2. Second day of each violation: $200.00;
3. Third day of each violation: $300.00;
4. Fourth day of each violation: $400.00;
5. Each additional day of each violation beyond four days: $500.00 per day.
B. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of violation was issued of the duty to correct the violation.
C. Collection of Monetary Penalty.
1. The monetary penalty constitutes a personal obligation of the person to whom the notice of violation is directed. Any monetary penalty assessed must be paid to the city within 30 calendar days from the date an invoice for any monetary penalty is served by mail. Service by mail shall be considered complete on the third day after the item is postmarked.
2. The city attorney is authorized to take appropriate action to collect the monetary penalty.
3. Use of Collection Agency. The city, at its discretion, may, pursuant to chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The city shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the city attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.075 Civil penalties – Waiver.
Civil penalties accrued pursuant to SMC 15.06.070 may be waived at the discretion of the city attorney or code enforcement officer under the following circumstances:
A. Any notice, order, or penalty was issued in error;
B. Additional information or a change in circumstance warranting waiver has been discovered by or presented to the city;
C. As part of negotiated agreement to resolve or remedy the outstanding violation(s);
D. As appropriate to resolve or avoid litigation. (Ord. 2745 § 1 (Exh. A) (part), 2020)
15.06.080 Stop work/use order.
A. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work or stop use order under the following circumstances:
1. Use of or activities on the property are being performed without a valid permit, or in violation of permit conditions;
2. Use of or activities on the property violate the Sumner Municipal Code and/or any design standards;
3. Use of or activities on the property are being performed under a permit that was issued based on erroneous information submitted by the applicant;
4. Use of or activities on the property have become a hazard to life or property due to weather or other conditions.
B. The stop work or stop use order shall identify the property by address or parcel number, specify the basis for the stop work order by reference to the applicable regulation, code, or permit, and the contact name and phone number of the appropriate city staff that may be contacted for more information about the order.
C. The stop work or stop use order may be issued along with, or incorporated by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice conspicuously on the affected property or structure and shall be effective immediately upon service. The violation of a stop work or stop use order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. A stop work order may not be appealed to the hearing examiner.
The stop work order may be issued along with, appended to, or incorporated by reference in, a notice of violation. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.090 Stop use order.
See SMC 15.06.080. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.095 Removal of stop work or stop use order – Misdemeanor.
The removal of a stop work order or stop use order posted in conformity with the requirements of this chapter without the authorization of the code enforcement officer or hearing examiner shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.100 Appeal to the hearing examiner.
A. Any person significantly affected by or interested in a notice of violation issued by the code enforcement officer pursuant to SMC 15.06.050 may obtain an appeal of the notice by filing such appeal with the city clerk within 10 calendar days following service of the notice, along with a filing fee in an amount set by the department director. When the last day of the period so computed is a Saturday, Sunday or a federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, city staff shall forward the request to the office of the hearing examiner, pursuant to chapter 2.58 SMC. The filing of such an appeal shall not alter the time for compliance unless modified by the hearing examiner following a hearing. If an appeal is not filed within 10 calendar days after the notice of violation is served, the violation shall be deemed committed and monetary penalties shall be assessed pursuant to the deadlines set forth in the notice of violation and subject to the collection procedures as detailed in SMC 15.06.070(C).
B. The hearing examiner shall schedule a hearing within 30 days of the receipt of the notice of appeal. The hearing examiner shall provide at least five days’ notice to the applicant and code enforcement officer of the pending hearing. No public notice of the hearing is required.
C. Procedure. The hearing examiner shall conduct a hearing on the violation pursuant to any procedural rules or orders duly issued by the examiner. The applicable code enforcement officer, department director, and the person to whom the notice of violation was directed may participate as parties in the hearing and each party may call witnesses. The determination of the applicable code enforcement officer and/or department director as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action; however, where a person has previously been found to have committed the same violation, issuance of a notice of violation alleging the same offense shall constitute prima facie evidence of the new violation and create a rebuttable presumption of having committed the new violation. In addition, other chapters of the code may allow a rebuttable presumption in favor of the city in specific circumstances.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.
2. Where corrective action is required, the court shall give substantial weight to the city’s determination regarding the nature of any such action required, and whether such action has been satisfactorily performed.
3. If the hearing examiner determines that the violation has occurred, monetary penalties will be assessed against the responsible party in accordance with SMC 15.06.070. The hearing examiner has authority to determine whether the accrual of monetary penalties shall begin: (a) on the date the notice of violation was issued, (b) following any correction deadline ordered or affirmed by the hearing examiner, in the event the corrective action is not completed, or (c) any other date as determined to be reasonable under the circumstances.
4. The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;
b. The required corrective action;
c. The date and time by which the correction must be completed;
d. The imposition of monetary penalties and the hearing examiner’s decision, if any, with regard to when such penalties will or have begun to accrue. The monetary penalties assessed based on the provisions of this chapter;
e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
5. Notice of Decision. The hearing examiner shall mail a copy of the order to the appellant and to the applicable department director within 15 business days of the hearing.
6. Failure to Appear. If the person to whom the notice of violation was issued fails to appear at the scheduled hearing, the hearing examiner may enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The city will carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.
7. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person responsible for the violation of the duty to correct the violation.
8. Appeal to Superior Court – Land Use Decision. Judicial review of a land use decision, as defined in RCW 36.70C.020, made by the hearing examiner must be made pursuant to the provisions of the Land Use Petition Act, chapter 36.70C RCW. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.110 Repeat or ongoing violation – Failure to abate – Misdemeanor.
The commission of a repeat violation or an ongoing violation, as those terms are defined in this chapter, shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days or by a fine in an amount fixed by the court of not more than $1,000 or by both such imprisonment and fine. All misdemeanor charges filed under this section shall be filed with the Sumner municipal court and shall bear the signature of the Sumner city attorney or his or her designee. When the city files a criminal offense pursuant to this section, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.120 Abatement.
A. Initiation. The city may initiate an abatement action to abate a violation and/or any condition caused by a violation when:
1. A responsible party fails to complete any required corrective action by the deadline provided in a notice of violation;
2. The terms of a voluntary correction agreement have not been met;
3. Pursuant to any order by the hearing examiner; or
4. At any time when, in the discretion of the code enforcement officer, abatement will be an effective means to obtain compliance.
B. Procedure. Except for circumstances addressed in subsection (C) of this section, an abatement action shall be commenced by filing a complaint for a warrant of abatement with the Pierce County superior court.
C. Summary Abatement. Whenever a violation of a regulation causes a condition that poses an immediate or imminent threat to the safety of persons, property, or significant environmental damage, the city shall, upon the advice of the city attorney, take emergency action to abate the condition without requiring prior notice to public or private persons whose property may be affected by the city’s actions. Such emergency action may involve entry onto private property. However, notice of abatement action, including the reason for it, shall be given to the person responsible for the violation, as well as any other party requesting such information, as soon as reasonably possible after the condition creating the emergency has been abated.
D. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city or its officials in accordance with the laws of the state of Washington. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)
15.06.125 Injunction.
In addition to, or in lieu of, any other enforcement action, the city may seek an injunction to prohibit the use of any building, structure, vehicle, personal property, or real property, or any portion(s) thereof, that constitutes a violation of any regulation which is enforced by this chapter, including but not limited to the regulations outlined in SMC 15.06.020. (Ord. 2745 § 1 (Exh. A) (part), 2020)
15.06.130 Recovery of costs for abatement.
A. All costs incurred by the city, including incidental expenses, for correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use, and/or occupy the property; owners and tenants shall be jointly and severally liable, except where prohibited by law.
B. Costs of abatement shall become due and payable to the city within 30 calendar days from the date abatement begins. The city attorney may, at their discretion, allow a payment schedule or negotiate a reduced settlement when such a settlement is in the best interests of justice or the city’s budgetary needs.
C. The city may request, and the court may require, that the costs of abatement be ordered as restitution in any legal proceeding resulting from a notice of violation being issued against a person.
D. Recoverable “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.
E. Should the responsible party fail to pay costs under this section, the city may, after abating a nuisance, file for record with the Pierce County auditor to claim a lien against the real property for the civil penalties, fees, and costs assessed that are reasonably related to the real property in accordance with any lien provisions authorized by state law.
F. Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW 35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.140 Interfering with abatement.
The following acts shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine:
A. Intentionally obstructing, impeding, or interfering with the city or its agents who are lawfully engaged in abating a violation. Agents of the city shall include any person who holds an interest in the property at issue, when that person is lawfully engaged in abating a violation.
B. Removing or defacing any sign, notice, complaint or order required by or posted in accordance with this chapter.
C. Expressly or implicitly giving the impression of being the code enforcement officer or an inspector for the city of Sumner without holding such valid or legal credentials as may be appropriate for such duties. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.150 Additional enforcement procedures.
The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the Sumner Municipal Code except as precluded by law. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.160 Conflicts.
In the event of a conflict between this chapter and any other provision of the Sumner Municipal Code or city ordinance providing for a civil penalty, this chapter shall control. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.170 Meaning of terms.
For the purposes of this code, whenever “civil violation” and “civil penalty” are used in any code, ordinance or regulation of the city, these terms shall be deemed to have the same meaning as the terms “civil violation” and “monetary penalty,” respectively, as used herein. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)
15.06.180 Severability – Construction.
A. If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
B. If the provisions of this chapter are found to be inconsistent with other provisions of the Sumner Municipal Code, this chapter is deemed to control. (Ord. 2745 § 1 (Exh. A) (part), 2020: Ord. 2261 § 1 (part), 2008)