Chapter 17.140


17.140.010    General penalty – Continuing violations.

17.140.020    Liability of officers.

17.140.030    Enforcement.

17.140.040    Violations.

17.140.050    Method of enforcement.

17.140.010 General penalty – Continuing violations.

(1) Whenever a city ordinance prohibits an act or declares it to be unlawful, or provides that the failure to do an act is unlawful, and no specific penalty is provided, the violation of the provision is punishable by a fine not exceeding $500.00.

(2) Whenever a state statute and a city ordinance provide penalties for the same offense, the penalty imposed for the city violation shall not exceed the state penalty.

(3) Every day a violation of a provision of any ordinance continues shall constitute a separate offense. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.010].

17.140.020 Liability of officers.

No provision of a city ordinance designating the duties of an officer or employee shall be construed to make the officer or employee liable for a fine or penalty provided for a failure to perform the duty. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.020].

17.140.030 Enforcement.

The severity of enforcement of this chapter shall generally correspond to the degree of risk of harm to the public health, safety and welfare. In the absence of an immediate hazard that is threatening to health or public safety, the following abatement procedures will apply:

(1) On determination that a code violation exists, the city shall cause a notice to be posted on the premises or at the site of the violation, directing the person responsible to abate the violation.

(2) At the time of posting, the city recorder shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person’s last known address.

(3) The notice to abate shall contain:

(a) A description of the real property, by street address or otherwise, on which the violation exists and direction to abate the violation within 10 days from the date of the notice.

(b) A description of the violation.

(c) A statement that, unless the violation is removed, the city may abate the violation and the cost of abatement will be charged to the person responsible.

(d) A statement that failure to abate a violation may warrant imposition of a fine.

(e) A statement that the person responsible may protest the order to abate by giving notice to the city recorder within 10 days from the date of the notice.

(f) If the person responsible is not the owner, an additional notice shall be sent to the owner, stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.

(g) Upon completion of the posting and mailing, the person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting.

(h) An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.

(i) If notice is returned as undeliverable or the delivery was refused, then notice can be provided via publication in a newspaper of general circulation at least 10 days before abatement action is taken. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.030].

17.140.040 Violations.

The location, erection, construction, alteration, occupancy, or use of any building, structure, sign, or land, including subdividing or partitioning, contrary to the provisions of this title or to any permit issued hereunder is an unlawful public violation. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.040].

17.140.050 Method of enforcement.

(1) The city, in addition to other remedies, including those provided in Chapter 8.10 CBMC, Public Nuisances, and Chapter 1.15 CBMC, General Penalty, may institute appropriate actions or proceedings to prevent, restrain, correct, abate, or remove the unlawful location, erection, construction, maintenance, repair, alteration, occupancy or use.

(2) The owner of the land, building, or premises where a violation has been committed or the lessee or tenant of a building where such a violation has been committed or exists, or the general agent, architect, builder, contractor, or any other person who commits, takes part in, or who assists in any such violation or who maintains any land, building, or premises in which such violations exist, shall be guilty of a violation of this title and shall be subject upon conviction to a fine of not more than $500.00. Each day under which the violation continues shall be considered a separate offense. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.150.050].