Chapter 1.16
GENERAL PENALTY
Sections:
1.16.050 Compromise, settlement and disposition of suits.
1.16.070 Collection of civil penalties, fees, and costs.
1.16.080 Work commencing before permit issuance.
1.16.100 Nonexclusive remedies.
1.16.190 Additional penalties for noncompliance.
1.16.010 Purpose and intent.
The purpose of this chapter is to establish uniform procedures for enforcement of the Airway Heights Municipal Code; to provide for criminal, civil, and administrative penalties for violations; to promote compliance with City ordinances; and to protect the public health, safety, and welfare. The remedies provided in this chapter are cumulative and in addition to any other remedies or penalties authorized by law. (Ord. C-1105 § 2, 2025)
1.16.020 Criminal penalties.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the City is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not to exceed $1,000 and/or 90 days in jail.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. C-1105 § 3, 2025; Ord. C-1067 § 2, 2025. Formerly 1.16.010.)
1.16.030 Civil infractions.
A person found to have committed a civil infraction shall be assessed the maximum monetary penalty for each separate violation per day or portion thereof as established by the Airway Heights Municipal Court for a Class 1 civil infraction. (Ord. C-1105 § 4, 2025; Ord. C-1067 § 2, 2025. Formerly 1.16.020.)
1.16.040 Civil penalties.
A. General Provisions. In addition to or as an alternative to any other penalty provided herein or by law, any person, firm or corporation which violates the provisions of AHMC Titles 8, 12, and 14 through 19 and the City zoning ordinance or any ordinance calling for a notice of violation and imposing of civil fine(s) shall incur a cumulative civil penalty pursuant to the following schedule in Table 1.16-1 from the date set for the correction until the violation is corrected unless a different penalty is specifically provided by the ordinance. Procedures for issuance of warnings, a notice of violation, voluntary compliance agreement, or stop work order are provided in Chapter 14.07 AHMC and/or other applicable provisions of the municipal code.
B. Notice of Violation and Initial Penalty. Upon issuance of a notice of violation, an immediate civil penalty of $500.00 shall be assessed.
1. Payment Due. The $500.00 penalty must be paid within 15 days from the date the notice of violation is issued.
2. Failure to remit payment within the required time period to the City may result in additional enforcement actions, including the accrual of daily civil penalties as described below.
3. The issuance of a notice of violation and the imposition of penalties may be appealed as provided in AHMC 14.07.080, Appeals of administrative decisions.
C. Continuing Violations – Daily Civil Penalties. If the responsible party fails to bring the property into compliance by the correction date specified in the notice of violation, or fails to enter into a voluntary compliance agreement by that date the responsible party shall be subject to the civil penalties as outlined in Table 1.16-1 – Civil Penalty Schedule.
Table 1.16-1 – Civil Penalty Schedule
|
Violation |
Penalty Amount Residential (per day) |
Penalty Amount Commercial (per day) |
|---|---|---|
|
First violation |
$250 |
$1,000 |
|
Second separate violation within three-year period |
$500 |
$2,000 |
|
Each subsequent violation within three-year period |
$1,000 |
$5,000 |
|
Chronic nuisance (Chapter 8.10 AHMC) |
$2,500 |
$2,500 |
|
Special investigation, where work has started without a required permit |
See AHMC 1.16.080 |
See AHMC 1.16.080 |
1. These daily penalties shall begin accruing the day after the compliance date stated in the notice of violation and shall continue until:
a. The violation is corrected to the satisfaction of the City;
b. The City agrees to suspend or eliminate a portion or all of the fees; or
c. A voluntary compliance agreement is signed.
D. Classification of Violations.
1. Residential Violations. Apply when the responsible party is engaged in the development, management, or use of property solely related to a detached or attached single-family dwelling unit that serves as the individual’s personal residence of record, as verified by the Spokane County Assessor’s Office or a Washington State driver’s license.
a. If a contractor is utilized to perform work related to the violation, the matter shall be classified as a commercial violation under Table 1.16-1.
2. Commercial Violations. Apply to all violations not meeting the definition of a residential violation as described in subsection (D)(1) of this section.
E. Right to Appeal. Any person aggrieved by the issuance of a notice of violation, the assessment of an initial penalty, or the imposition of daily civil penalties under this section shall have the right to appeal such determination as provided in AHMC 14.07.080, Appeals of administrative decisions. Filing a timely and complete appeal in accordance with AHMC 14.07.080 shall stay the accrual of additional penalties pending final disposition of the appeal, unless the violation presents an immediate threat to public health, safety, or the environment as determined by the City. (Ord. C-1105 § 5, 2025; Ord. C-1067 § 2, 2025. Formerly 1.16.030.)
1.16.050 Compromise, settlement and disposition of suits.
A. Any authorized City official with the approval of the City Manager or designee may with the City Attorney enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the City.
B. The penalties assessed for any failure to comply with any notice of violation, stop work order, or voluntary compliance agreement shall be assessed daily for the first 30 days following the date in which the violations have been cured. If after 30 days the person(s) or entity(ies) responsible for code compliance have failed to satisfy the notice of violation, stop order or voluntary compliance agreement, penalties shall then be assessed at double the rate of the first 30 days.
C. The Director as defined under AHMC 14.07.020(C) may waive all or part of the accrued civil penalties if the person(s) or entity(ies) responsible for the code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again if any necessary permits applied for are denied, cancelled or not pursued or if corrective action outlined in the voluntary compliance agreement is not completed as specified. (Ord. C-1105 § 6, 2025; Ord. C-1067 § 2, 2025)
1.16.060 Cost recovery.
In addition to civil penalties pursuant under this chapter, the City shall charge the costs of pursuing code violation and abatement incurred. These charges include:
A. Reasonable legal fees and costs.
B. Administrative personnel costs.
C. Abatement costs.
D. Actual expenses and costs to City. (Ord. C-1105 § 6, 2025; Ord. C-1067 § 2, 2025)
1.16.070 Collection of civil penalties, fees, and costs.
A. The civil penalties shall be paid directly to the City. If such costs are not paid within 30 days from the date of billing or assessment, the City may refer it to an attorney for collection and is authorized to collect the unpaid costs by any appropriate legal means.
B. The City may use a collection agency to collect any civil penalties, fees, costs, and/or interest owing, and any administrative or collection fees incurred may be added to the total amount owed.
C. In addition to, or in lieu of, any state or local provision for the recovery of costs, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties, fees, and costs accrued if the violation was related to real property.
D. Any lien filed will be subject to priority pursuant to state law including but not limited by the RCW. Any such lien will bind the affected property for the period as provided by state law. (Ord. C-1105 § 7, 2025; Ord. C-1067 § 2, 2025)
1.16.080 Work commencing before permit issuance.
Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system, before obtaining necessary permits, shall be subject to a special investigation fee in accordance with the current City of Airway Heights administrative fee resolution.
The investigation fee shall be additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. (Ord. C-1105 § 8, 2025; Ord. C-1067 § 2, 2025)
1.16.100 Nonexclusive remedies.
The remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter shall preclude the City from seeking injunctive relief, criminal prosecution, or any other remedy available under law to enforce the provisions of the Airway Heights Municipal Code. (Ord. C-1105 § 9, 2025)
1.16.190 Additional penalties for noncompliance.
A. The City may stop water service to any property out of compliance or request electrical disconnection of service or power to be shut off.
B. The City may revoke a business license granted to any person or entity committing a violation.
C. The City may record a notice of violations and penalties which identifies the property where the violation occurred. (Ord. C-1067 § 2, 2025)