Chapter 1.36
CODE ENFORCEMENT

Sections:

1.36.010    Code Enforcement Officer position created – Authority.

1.36.020    Notice of infraction.

1.36.030    Enforcement.

1.36.040    Applicability.

1.36.050    Inspections.

1.36.010 Code Enforcement Officer position created – Authority.

The position of Code Enforcement Officer is established. The Code Enforcement Officer shall be appointed by the Building Official, who shall define the duties of the Code Enforcement Officer. The Code Enforcement Officer shall be authorized to investigate compliance with the City regulations enumerated in IMC 1.36.040 and to take reasonable action to bring about compliance with such regulations, including but not limited to the issuance of notices of infraction in appropriate cases as provided in this chapter. The Code Enforcement Officer shall operate in compliance with a procedure manual which shall elaborate upon but not conflict with the terms of this chapter. (Ord. 2560 § 7 (Exh. A6), 2009; Ord. 1849 § 1, 1990).

1.36.020 Notice of infraction.

A. The Code Enforcement Officer has authority to issue a notice of infraction:

1. When a violation of the City regulations enumerated in IMC 1.36.040 is observed by the Code Enforcement Officer; and

2. When the Code Enforcement Officer has reasonable cause to believe that a violation of City regulations as enumerated in IMC 1.36.040 has occurred.

B. A notice of infraction may be issued by the Code Enforcement Officer to any responsible person, firm, corporation or agent. The notice of infraction shall contain the information required by RCW 7.80.070 as it now exists or may hereafter be amended; provided, the notice of infraction shall also include the following information:

1. A statement indicating which steps are necessary to correct the violation;

2. A statement indicating the time in which the violation is to be corrected; and

3. A statement indicating that failure to comply with the notice may subject the owner or person causing the violation to further civil and criminal penalties.

Provided further, the provisions of this chapter shall supersede and control any conflicting provisions of Chapter 7.80 RCW.

C. A notice of infraction shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at his/her last known address, or by posting a copy of the notice in a conspicuous place on the affected property or structure, if any. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The notice of infraction, along with the declaration, shall be filed with the Clerk of the Issaquah Municipal Court.

D. Upon written request prior to the date upon which the violation is to be corrected, as indicated in subsection (B)(2) of this section, the Code Enforcement Officer may extend the date for compliance for good cause. Good cause may include substantial completion of the necessary correction(s) or unforeseeable circumstances which render compliance impossible by the date established.

E. The date required for compliance shall be set at the sole discretion of the Code Enforcement Officer. Each day or portion thereof after which compliance is required during which any violation of the provisions set forth in this chapter is committed or permitted shall constitute a separate offense. (Ord. 2560 § 7 (Exh. A6), 2009; Ord. 1849 § 1, 1990).

1.36.030 Enforcement.

A. Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this chapter shall have committed a civil infraction and, upon finding by the Issaquah Municipal Court that such infraction has been committed, shall pay all billable costs, and pay a monetary penalty to the City of Issaquah up to the amounts as set forth on the schedule below:

Title 5 Business Taxes, Licenses and Regulations

5.02.020

Business license required – Waiver.

$500.00

5.02.080

Ineligible activities.

$500.00

5.14.020(A)

Permit required – Exemptions.

$250.00

5.18.020

Collective garden safety license required

$250.00

Title 8 Health and Safety

8.04.020(A)

Containers – Required – Specifications (Approved dumpster.)

$250.00

8.04.020(C)

Containers – Required – Specifications (Garbage secured.)

$100.00

8.04.030

Disposing of garbage on public or private property prohibited.

$250.00

8.05.040

Retail carryout bags.

$250.00

8.06.040

Litter in general.

$250.00

8.06.140

Depositing handbills on vacant or uninhabited property.

$75.00

8.16.010

Barring entry after mine operation.

$250.00

8.20.020

Prohibited sex offender residence.

$250.00 per day

Title 9 Criminal Code

9.25.030

Parks and playfields – Leaving refuse.

$250.00

9.40.050

Nuisance.

 

 

 

RCW 9.66.010

Public nuisance.

$250.00

 

RCW 9.66.030

Maintaining or permitting nuisance.

$250.00

 

RCW 9.66.050

Deposit unwholesome substance.

$500.00

9.80.010

Conduct prohibited.

 

 

RCW 9.03.010

Abandoning, discarding refrigeration equipment.

$250.00

 

RCW 9.03.020

Permitting equipment to remain.

$250.00

 

RCW 9.03.040

Keeping or storing equipment for sale.

$250.00

9.80.020

Pollution and smoking.

 

 

RCW 70.54.010

Polluting water supply.

$500.00

Title 12 Streets, Sidewalks and Public Places

12.04.030

Permit required/revocation.

$150.00

12.08.030

Maintenance – Responsibility.

$100.00

12.12.020

Permit required – Emergency exception.

$250.00

12.12.045

Conditions of permit.

$250.00

Title 13 Public Services

13.13.030

Unlawful cross-connection.

$500.00

13.28.025(A)

1. Prohibited discharges (stormwater) – with no previous violations of IMC 13.28.025(A) within prior three years.

$250.00

13.28.025(A)

2. Prohibited discharges (stormwater) – With 1 previous violation of IMC 13.28.025(A) within prior 3 years.

$1,000

13.28.025(A)

3. Prohibited discharges (stormwater) – With 2 or more previous violations of IMC 13.28.025(A) within prior 3 years, or for egregious and willful violations.

$10,000

13.28.090(B)

1. Failure to maintain or repair drainage facility – with no previous violations of IMC 13.28.090(B) within prior 3 years.

$100.00

13.28.090(B)

2. Failure to maintain or repair drainage facility – with 1 or more previous violations of IMC 13.28.090(B) within prior 3 years.

$250.00

13.36.020

Prohibited discharges (sewer). (Subsections (A) through (T).)

$500.00

Title 15 Signs

15.08.010

Permit – Required.

$100.00

15.10.010

Sale of lots; Subdivision houses or units in a PUD.

$50.00

15.10.030(A)

Wall signs (Percentage.)

$50.00

15.10.050

Ground mount and pole signs.

$50.00

15.10.060

Gasoline price signs.

$50.00

15.10.080

Grand opening events.

$50.00

15.14.010

Area and height limit.

$50.00

15.14.020

Political candidates or issues.

$50.00

15.14.025

Temporary signs for nonprofit organizations.

$50.00

15.14.030

Real estate signs.

$50.00

15.14.040

Location.

 

$50.00

15.14.050

Time limit generally.

$50.00

15.14.060(A)

Outdoor commercial signs. (Temp. outdoor sign – permit.)

$100.00

15.14.060(B)

Outdoor commercial signs. (Temp. outdoor sign – wall sign.)

$50.00

15.14.060(C)

Outdoor commercial signs. (Temp. outdoor sign – location.)

$50.00

15.14.060(D)

Outdoor commercial signs. (Temp. outdoor sign – number.)

$50.00

15.14.060(E)

Outdoor commercial signs. (Temp. outdoor sign – sign allowance.)

$50.00

15.14.060(F)

Outdoor commercial signs. (Temp. outdoor sign – display period.)

$50.00

15.14.060(G)

Outdoor commercial signs. (Temp. outdoor sign – allowed percentage.)

$50.00

15.14.070(B)

Indoor commercial signs. (Temp. indoor sign – location – principal frontage street.)

$50.00

15.14.070(C)

Indoor commercial signs. (Temp. indoor sign – window percentage.)

$50.00

15.14.070(D)

Indoor commercial signs. (Temp. indoor sign – location consolidation.)

$50.00

15.16.030

No sign on public rights-of-way.

$50.00

15.18.010(A)

Prohibited signs and devices. (Blinking lights.)

$50.00

15.18.010(B)

Prohibited signs and devices. (Direction of beam – limitations.)

$50.00

15.18.010(C)

Prohibited signs and devices. (Projecting.)

$50.00

15.18.010(D)

Prohibited signs and devices. (Roof sign.)

$50.00

15.18.010(E)

Prohibited signs and devices. (Strings of pennants, balloons, banners, posters, ribbons.)

$50.00

15.18.010(F)

Prohibited signs and devices. (Imitate traffic control device.)

$100.00

15.18.010(G)

Prohibited signs and devices. (Detract from traffic control device.)

$100.00

15.18.010(H)

Prohibited signs and devices. (Obscurement of vision.)

$100.00

15.18.010(I)

Prohibited signs and devices. (On property other than business property.)

$50.00

15.18.010(J)

Prohibited signs and devices. (Attached to poles, trees, rocks or other natural features.)

$100.00

15.18.010(K)

Prohibited signs and devices. (Rotating signs.)

$50.00

15.18.010(L)

Prohibited signs and devices. (Franchise signs.)

$50.00

15.18.010(M)

Prohibited signs and devices. (Signs on stationary motor vehicles – augment advertising.)

$50.00

15.18.010(N)

Prohibited signs and devices. (Billboards.)

$100.00

15.18.010(O)

Prohibited signs and devices. (Height of ground mounted pole signs.)

$100.00

15.20.020(A)

Signs prohibited outright. (Blinking lights.)

$50.00

15.20.020(B)

Signs prohibited outright. (Noncompliance with Washington D.O.T.)

$50.00

15.20.020(C)

Signs prohibited outright. (Direction of beam – limitations.)

$50.00

15.20.020(D)

Signs prohibited outright. (Strings of pennants, balloons, banners, posters, ribbons.)

$50.00

15.20.020(E)

Signs prohibited outright. (Imitate traffic control device.)

$100.00

15.20.020(F)

Signs prohibited outright. (Detract from traffic control device.)

$100.00

15.20.020(G)

Signs prohibited outright. (On property other than business property.)

$50.00

15.20.020(H)

Signs prohibited outright. (Attached to poles, trees, rocks or other natural features.)

$100.00

15.20.020(I)

Signs prohibited outright. (Rotating signs.)

$50.00

15.20.020(J)

Signs prohibited outright. (Signs on stationary motor vehicles – augment advertising.)

$50.00

15.20.020(K)

Signs prohibited outright. (Billboards.)

$100.00

15.20.030(B)(1)

Signs permitted temporarily. (Compliance – Ordinance 1169, May 16, 1993.)

$100.00

15.20.030(B)(2)

Signs permitted temporarily. (Compliance – Ordinance 1647, May 16, 1998.)

$100.00

15.20.030(B)(3)

Signs permitted temporarily. (Compliance – Subsequent Ordinance – plus 10 years.)

$100.00

15.20.040(A)(1)

Loss of nonconforming status. (Alteration 20% or more.)

$50.00

15.20.040(A)(2)

Loss of nonconforming status. (Damage – excess of 50%.)

$50.00

15.20.040(A)(3)

Loss of nonconforming status. (Sign relocated.)

$50.00

15.20.040(A)(4)

Loss of nonconforming status. (Sign replaced.)

$50.00

15.26.040

Maintenance.

 

$50.00

15.26.060

Removal.

 

$75.00

Title 16 Buildings and Construction

Any violation of Chapter 16.04 IMC

$250.00

16.20.010(A)

Requirements – Generally. (Removal of remnants.)

$250.00

16.20.010(B)

Requirements – Generally. (Footings, etc., removed.)

$250.00

16.20.010(C)

Requirements – Generally. (Basement excavations filled.)

$250.00

16.20.010(D)

Requirements – Generally. (Driveways removed, etc.)

$250.00

16.20.010(E)

Requirements – Generally. (Restore to natural grade.)

$250.00

16.20.010(F)

Requirements – Generally. (Leave perimeter sidewalks and curbs undisturbed.)

$250.00

16.20.010(G)

Requirements – Generally. (Retaining walls not removed.)

$250.00

16.26.040

Permit required. (Clearing and grading.)

$1,000

Chapter 16.26

1. Failure to comply with any provision of Chapter 16.26 IMC – with no previous violations of Chapter 16.26 IMC under current permit.

$1,000

Chapter 16.26

2. Failure to comply with any provision of Chapter 16.26 IMC – with 1 or more previous violations of Chapter 16.26 IMC under current permit.

$5,000

Chapter 16.26

Violation of stop work order. (Clearing and grading.)

$500.00

16.30.020

Permit required. (Erosion and sedimentation control.)

$500.00

Chapter 16.30

1. Failure to comply with any provision of Chapter 16.30 IMC, with no previous violation of Chapter 16.30 IMC under current permit.

$100.00

Chapter 16.30

2A. Failure to comply with any provision of Chapter 16.30 IMC, with 1 or more previous violations of Chapter 16.30 IMC under current permit, and occurring during the dry season (May 1st to September 30th of the same year).

$500.00

Chapter 16.30

2B. Failure to comply with any provision of Chapter 16.30 IMC, with 1 or more previous violations of Chapter 16.30 IMC under current permit, and occurring during the wet season (October 1st to April 30th of the following year).

$1,000

16.30.110(A)

3A. Violation of turbidity limits above 100 NTU, occurring during the dry season (May 1st to September 30th of the same year).

$100.00

16.30.110(A)

3B. Violation of turbidity limits above 100 NTU, occurring during the wet season (October 1st to April 30th of the following year).

$200.00

16.30.110(A)

4A. Violation of turbidity limits above 250 NTU, occurring during the dry season (May 1st to September 30th of the same year).

$500.00

16.30.110(A)

4B. Violation of turbidity limits above 250 NTU, occurring during the wet season (October 1st to April 30th of the following year).

$1,000

16.30.110(A)

5A. Violation of turbidity limits, with 2 or more previous violations of 250 NTU or higher, occurring during the dry season (May 1st to September 30th of the same year).

$5,000

16.30.110(A)

5B. Violation of turbidity limits – with 2 or more previous violations of 250 NTU or higher, occurring during the wet season (October 1st to April 30th of the following year).

$10,000

16.30.110(B)

Violation of stop work order. (Erosion and sediment control.)

$500.00

16.36.090

Permit required.

$250.00

16.36.150

Hazardous materials.

$250.00

16.38.070(A)

1A. Failure to submit records, or inspection hindrance, or maintain on-site records after one warning.

$100.00

16.38.070(A)

1B. Failure to submit records, or inspection hindrance, or maintain on-site records, second offense.

$200.00

16.38.070(A)

1C. Failure to submit records, or inspection hindrance, or maintain on-site records, third or subsequent offense, or any falsification of records.

$1,000

16.38.070(A)

2A. Violation of fats, oils and grease concentrations or failure to maintain grease interceptor after one warning.

$500.00

16.38.070(A)

2B. Violation of fats, oils and grease concentrations or failure to maintain grease interceptor, second or subsequent offense.

$1,000

16.38.070(A)

3A. Source of sewer blockage or source of sanitary sewer overflow.

$1,000 to $10,000

Chapter 4: Site Development Permit

Section 4(B)(1)

Site Development Permit. (Compliance with all regulations of SDP.)

$250.00

(2)

Site Development Permit. (Compliance with reviews of SDP.)

$250.00

(3)

Requirements for Site Development Permit. (Certification of SDP required.)

$250.00

(4)

Requirements for Site Development Permit. (Violation of conditions.)

$250.00

Chapter 7: Home Occupations

Section 4(E)(1)

Business license

$50.00

(2)

Exterior signs, displays and activities. (Signage.)

$50.00

(3)

Exterior signs, displays and activities. (No exterior displays or alterations.)

$100.00

(4)

Exterior signs, displays and activities. (No outside storage.)

$50.00

(5)

Exterior signs, displays and activities. (No outside activities connected with home occupation.)

$50.00

(6)

Equipment, noise, hazards and vehicles. (Excessive use of mechanical or electrical equipment.)

$75.00

(7)

Equipment, noise, hazards and vehicles. (Excessive noise, dust, odors.)

$100.00

(8)

Equipment, noise, hazards and vehicles. (Excessive vehicles.)

$50.00

(9)

Equipment, noise, hazards and vehicles. (No commercial vehicles.)

$50.00

(10)

Equipment, noise, hazards and vehicles. (No servicing of vehicles.)

$50.00

(11)

Equipment, noise, hazards and vehicles. (Use of hazardous materials.)

$150.00

(12)

Child care.

 

$50.00

(13)

Employees.

 

$50.00

(14)

Gross floor space used.

$50.00

(15)

Animals.

 

$50.00

(16)

Parking and storing of vehicles in residential areas. (Intrusion into improved ROW or obstruct vision.)

$50.00

Chapter 7: Parking Standards and Related Requirements

Section 9(1)

Parking and storing of vehicles in residential areas. (Disabled vehicle.)

$75.00

(2)

Parking and storing of vehicles in residential areas. (Use of recreational vehicle as residence.)

$50.00

(3)

Parking and storing of vehicles in residential areas. (Clean and neat recreational vehicles and no distraction.)

$75.00

(4)

Parking and storing of vehicles in residential areas. (No commercial vehicles.)

$50.00

Subsections above have been paraphrased as an aid in determining the penalty only and are not intended for any other purpose.

Provided, any violation for which a penalty is not set forth above shall contain a monetary penalty not to exceed $250.00. Penalties may be reduced based upon 1 or more of the following mitigating factors:

1. The person responded to City attempts to contact the person and cooperated with efforts to correct the violation;

2. The person showed due diligence and/or substantial progress in correcting the violation; or

3. An unknown person contributed to the cause of the violation.

Such penalty shall be set by the Code Enforcement Officer on a case-by-case basis. A time payment plan for payment of the monetary penalty may be set up through the Issaquah Municipal Court.

B. Criminal Citation. Any person who violates or fails to comply with the provisions as set forth in this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $5,000 or imprisonment for a period not to exceed 1 year or by both such fine and imprisonment.

C. Filing Discretion. A violation of the provisions as set forth in this chapter may be filed as a civil infraction or as a criminal misdemeanor. The Code Enforcement Officer shall have complete discretion to file a violation of the provisions as set forth in this chapter as a civil infraction. The City Prosecuting Attorney, upon recommendation of the Code Enforcement Office, shall have the complete discretion to file a violation of the provisions as set forth in this chapter as a criminal misdemeanor. The filing decision shall be made upon a case-by-case basis; provided, any person who violates or fails to comply with the provisions as set forth in this chapter, where such person has previously been issued a civil infraction for a previous violation of the same provision, shall be charged with a criminal misdemeanor as set forth in subsection B of this section.

D. Additional Remedies. In addition to any other remedy provided by this chapter, the City may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision as set forth in this chapter to prevent, enjoin, abate or terminate violations of the provisions as set forth in this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorney fees.

E. Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents or officers of the City, including the City Police Department, to enforce the provisions of this code under authority otherwise granted such agents or officers. (Ord. 2716 § 3 (Exh. A2), 2014; Ord. 2652 § 2, 2012; Ord. 2633 § 4, 2011; Ord. 2612 § 3 (Exh. A2), 2011; Ord. 2560 § 7 (Exh. A6), 2009; Ord. 2428 § 2, 2005; Ord. 2031 § 1, 1994; Ord. 1849 § 1, 1990).

1.36.040 Applicability.

A. The enforcement authority of this chapter shall apply to the following ordinances and regulations of the City:

1. IMC Title 5, Business Taxes, Licenses and Regulations.

2. IMC Title 8, Health and Safety.

3. IMC Title 9, Criminal Code.

4. IMC Title 12, Streets, Sidewalks and Public Places.

5. IMC Title 13, Public Services.

6. IMC Title 14, Water Safety Code.

7. IMC Title 15, Signs.1

8. IMC Title 16, Buildings and Construction.

9. IMC Title 18, Land Use Code.

B. The procedures for notification and enforcement set forth in this chapter are intended to apply in addition to any procedures or courses of action provided by law and elsewhere in the Municipal Code. The use of procedures set forth herein shall not require or preclude use of any other procedures allowed by the Municipal Code or State law. (Ord. 2560 § 7 (Exh. A6), 2009; Ord. 2031 § 2, 1994; Ord. 1849 § 1, 1990).

1.36.050 Inspections.

The Code Enforcement Officer or his designee shall inspect properties as necessary to determine whether permittees have complied with conditions of the respective permits and, whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed the Code Enforcement Officer by this code. The Code Enforcement Officer or his designee shall present proper credentials to the owner or other person in charge of the premises before demanding entry. If such premises are unoccupied, a reasonable effort shall be made to locate the owner or tenant and demand entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located, the Code Enforcement Officer or his designee shall have recourse to every remedy provided by law to secure entry, including, but not limited to, application for a search warrant. In making such application, the Code Enforcement Officer or his designee shall be assisted by the Police Department. (Ord. 2560 § 7 (Exh. A6), 2009; Ord. 1849 § 1, 1990).


1

Code reviser’s note: The former provisions of IMC Title 15, Signs, is now codified in Chapter 18.11 IMC, Signs.