Chapter 18.72
PERMITS, LICENSES, AND ENFORCEMENT

Sections

18.72.010    Certificates of occupancy.

18.72.020    No conflicting licenses or permits shall be issued.

18.72.030    Enforcement.

18.72.040    Unauthorized use of structures or land prohibited.

18.72.050    Manner of enforcement.

18.72.060    Enforcement by civil penalty – Appeal.

18.72.070    Enforcement by criminal penalties.

18.72.080    Enforcement by superior court civil action.

18.72.090    Additional enforcement remedies and penalties.

18.72.010 Certificates of occupancy.

(1) To assure compliance with the provisions of this title, a certificate of occupancy shall be obtained from the building official before:

(a) Any new building is initially occupied or used;

(b) Any existing building is structurally altered or enlarged;

(c) Any change or addition to the occupancy of a building or premises is made.

(2) If the subject requiring a certificate of occupancy is also required to secure a building permit, a business license, or any other evidence of authority required by law, such required certificate of occupancy for such use may constitute a separately identified part of such permit, license, or other evidence, and shall be cleared through the building official as conforming, or not conforming, to the provisions of this title before any other license or permit or authority may be issued.

(3) Each certificate of occupancy shall be issued only upon application signed by the authorized applicant, and shall contain over the signature of the applicant a correct statement of the use intended to be established and such certificate of occupancy may be issued only if such declared intended use conforms in every respect to the provisions of this title. [Ord. 175 § 1(24.68.010), 1964.]

18.72.020 No conflicting licenses or permits shall be issued.

No license or permit in conflict with the provisions of this title shall be issued, and if issued, any such license or permit shall be null and void. [Ord. 175 § 1(24.68.020), 1964.]

18.72.030 Enforcement.

It shall be the duty of the city manager to enforce all provisions of this title; provided, however, the city manager is authorized to delegate such authority by written administrative order. [Ord. 684 § 1, 1987: Ord. 175 § 1(24.68.030), 1964.]

18.72.040 Unauthorized use of structures or land prohibited.

It shall be a violation of the city zoning code (hereinafter “code”) for any person to use or cause to be used any structure or land in a manner not specifically authorized by the code. [Ord. 548 § 1, 1982.]

18.72.050 Manner of enforcement.

The code may be enforced in any one or combination of the following manners:

(1) Enforcement by civil penalty;

(2) Enforcement by criminal complaint; or

(3) Enforcement by civil action in King County Superior Court. [Ord. 548 § 2, 1982.]

18.72.060 Enforcement by civil penalty – Appeal.

(1) Based on a citizen complaint or at the direction of the city manager or the city council, the community development director shall investigate any structure or use that is apparently in violation of the code, and if it is determined that a violation exists, the community development director shall have a notice of violation served upon the owner, tenant, or other person responsible for the condition.

(2) The notice shall be served by personal service, registered mail, or certified mail with return receipt requested addressed to the last known address of the owner, tenant, or other person responsible.

The notice of violation shall be posted at a conspicuous place on the property. The notice shall state separately each violation, contain a reasonable time for compliance, describe the civil penalties for failure to comply, and the appeal procedures.

(3) When calculating a reasonable time for compliance, the community development director shall take into consideration the following criteria:

(a) Type and degree of violation;

(b) Intent to comply if intent has been expressed;

(c) Procedural requirements for obtaining a permit to carry out corrective action;

(d) Complexity of corrective action;

(e) Any other circumstances beyond the control of the responsible party.

(4) The community development director may extend the date of compliance upon the receipt of a written request from the responsible person prior to the date of compliance.

(5) Any person affected by a notice of violation may file a written appeal stating in what respects the decision of the community development director is erroneous and the specific grounds for reversal or modification of the order. The appeal with the required filing fee shall be filed with the city clerk prior to 4:30 p.m. on the compliance date. In the absence of a timely appeal, the findings of the community development director contained in the notice of violation shall be deemed true and final.

(6) Jurisdiction is granted to the hearing examiner to hear and determine such appeals in accordance with the hearing examiner code. The hearing examiner may affirm, reverse, or modify the decision of the community development director; provided, that the standard of review specified by DMMC 18.94.113 shall apply.

(7) In addition to any other sanction or remedial procedure that may be available, any person failing to comply with a final order of the community development director, or, in the event of an appeal, the hearing examiner or city council, shall be subject to a cumulative penalty or forfeiture in the amount of $25.00 per day for each violation from the date set for compliance in the final order until the order is complied with; provided, however, the rate of daily penalty shall double every six months, with a maximum daily penalty of $200.00 per day for single-family residential and suburban estate zones, $300.00 per day for commercial zones, and $500.00 per day for multiple residential zones, except that owners of a single condominium unit shall be subject to a maximum daily penalty of $200.00; and provided further, that the maximum cumulative penalty shall not exceed the greater of $10,000 or the then fair-market value of the property on the date the violation or violations are perceived to exist; and finally, provided, that the property owner shall be allowed to claim a 90-day grace period from such daily penalties once in any five-year period. Jurisdiction is granted to the Des Moines municipal court to hear and determine applications for judgment, and following entry of judgment, if any, the city shall pursue collection thereof in any manner otherwise available for the collection of judgments. [Ord. 1174 § 69, 1996; Ord. 770 § 77, 1988: Ord. 684 § 2, 1987: Ord. 548 § 3, 1982.]

18.72.070 Enforcement by criminal penalties.

(1) At the conclusion of steps (1) through (7) in DMMC 18.72.060, if the city manager believes civil penalties are inadequate, he may direct the city attorney to initiate criminal proceedings.

(2) A violation of the provisions of DMMC 18.72.040 is a criminal offense. [Ord. 684 § 3, 1987: Ord. 610 § 29, 1984: Ord. 548 § 4, 1982.]

18.72.080 Enforcement by superior court civil action.

The city manager, with the consent of the city council, may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the code when civil or criminal penalties are inadequate to effect compliance. [Ord. 684 § 4, 1987: Ord. 548 § 5, 1982.]

18.72.090 Additional enforcement remedies and penalties.

(1) Remedies Cumulative. The remedies provided for herein for failure to comply with any chapter or section of this title shall be cumulative and in addition to any other remedy at law or equity.

(2) Civil Infraction. A violation of or failure to comply with any chapter or section of this title is a class 1 civil infraction and the city may enforce any chapter or section of this title and seek fines and penalties in accordance with the provisions of chapter 1.24 DMMC.

(3) Separate Offense. Each day upon which a violation of any chapter or section of this title occurs constitutes a separate offense. [Ord. 1383 § 1, 2006.]