Chapter 14.07
ENFORCEMENT
Sections:
14.07.030 Enforcement procedures.
14.07.040 Service of notice of violation.
14.07.060 Determination of compliance.
14.07.090 Hearing Examiner – Appointment and appeal hearing procedures.
14.07.100 Abatement by the City – Immediate hazard.
14.07.110 Recovery of costs and expenses.
14.07.130 Liability for abatement.
14.07.010 General penalty.
Compliance with the requirements of AHMC Title 12, this title and AHMC Titles 15 through 19 shall be mandatory. The general penalties and remedies established in Chapter 1.16 AHMC apply to all violations of the municipal code. The enforcement actions and remedies authorized under this chapter shall be supplemental to those general penalties and remedies. (Ord. C-1066 § 2, 2025)
14.07.020 Application.
A. Actions under this chapter may be taken as necessary or desirable by the Director or his/her designee to achieve the purpose of this chapter or of the development code.
B. Proof of a violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property where the violation exists. An enforcement action under this chapter shall not relieve or prevent enforcement against any other responsible person.
C. The following definitions apply to this chapter:
“Code Compliance Officer” means a Director or a Director’s designee; including but not limited to the Building Official, or designee; building inspectors; construction inspectors; the Fire Marshal, or designee; fire inspectors; or any other person or persons assigned or directed by the City Manager to enforce the regulations subject to the enforcement and penalty provisions of this chapter.
“Director” means the Chief of Police, Fire Chief, Planning Director, Public Works Director, or individuals designated by the City Manager as a Director, or those officials, regardless of title, that are designated to enforce the municipal code subject to the enforcement and penalty provisions of this chapter. (Ord. C-1066 § 2, 2025)
14.07.030 Enforcement procedures.
The City shall determine, based upon information derived from sources such as field observations, statements of witnesses, documents, applicable City codes and regulations and other relevant documents or evidence, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person or persons responsible for the code violation(s) promptly notified.
A. If a violation is reported and cannot be viewed from public right-of-way, an investigative letter will be sent to the owner of the property, occupant of the property or other representative, as determined by the City. This letter will state that a violation may be occurring at the property. It will address the nature of the violation and detail Airway Heights Municipal Code provisions which are applicable to the violation. The letter will request a meeting with the responsible party which may include the property owner, occupant of the property, lessee or other party found by the City to be responsible to investigate the violation either at the address of the violation or at the appropriate City department. The letter will set a deadline of 14 calendar days from the issuance of the letter for contact to be made with the appropriate City department.
B. If a violation is found by the Code Compliance Officer or the violation can be clearly seen from the right-of-way or plain view, a warning shall be issued verbally or in writing. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to meet with the appropriate department to discuss solutions and to enter into a voluntary compliance agreement. Verbal warnings should be documented. If a verbal warning was issued, a written warning shall be issued within seven days. The written warning shall give a brief summary of the violation and a date, to be not less than 30 days, to achieve compliance or set up a meeting with the Code Compliance Officer.
C. No warning need be issued where there is immediate concern regarding the health, general welfare, or safety of the community as determined by the Director, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when a person responsible for the code violation knows, or reasonably should have known, that an action was a code violation.
D. A notice of violation may be issued when a violation has been found and:
1. A verbal or written warning has not been responded to within the time frame provided; or
2. The date for corrections listed in the voluntary compliance agreement has lapsed; or
3. A voluntary compliance agreement has not been entered, or refused.
E. The City shall use all reasonable means to determine and proceed against the person or persons responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. However, the owner of the property subject to the violation shall always be responsible for compliance with the Municipal Code. The voluntary compliance agreement shall specify a reasonable time frame for resolution of the violation, which may be modified based upon progress towards compliance. The initial amount of time for resolution or progress on the mitigation as set forth in the voluntary compliance agreement shall be at least 30 days. A notice of violation shall be issued in the event the violation is not corrected in the time specified in the voluntary compliance agreement. (Ord. C-1066 § 2, 2025)
14.07.040 Service of notice of violation.
A. Notice of violation shall contain the following:
1. Name of person or persons to which the notice is sent including mailing addresses;
2. Address and parcel number of the site in question;
3. Statement of the violation occurring;
4. Citation of the applicable code or statue(s) which are being violated;
5. Action or remedy for the violation;
6. Time period for correction of the violation; and
7. Contact name, address, phone and email of the Code Compliance Officer who is issuing the notice of violation.
B. Notice of violation shall be issued to the person or persons responsible for code violations, as well as the owner of the property, by one or more of the following methods:
1. In-person service of the notice of violation may be made on the person identified by the City as being responsible for the code violation including the property owner, or by leaving a copy of the notice of violation at the, at the site in which a violation is occurring. For corporations and business entities, in-person service shall be served on the registered agent as listed in of the Washington State Secretary of State records; or
2. Service directed to the landowner and/or occupant of the property may be made by posting a notice of violation in a conspicuous place on the property where the violation occurred and concurrently mailing the notice if a mailing address is available; or
3. Service by mail may be made for the notice of violation by mailing one copy by first class mail and one copy certified mail, to the person(s) responsible for the code violation at their last known address, at the address of the violation, or at the address of the registered agent as shown on the records of Washington State Secretary of State for corporations and business entities. Except for corporations and business entities, the taxpayer’s address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice of violation was placed in the mail; or
4. If the address for the person(s) responsible for the code violation and/or property owner cannot be reasonably determined, the service of the notice of violation may be made by publication once a week for two consecutive weeks in a newspaper of general circulation in the City of Airway Heights. Publication shall be deemed complete at the expiration of the time prescribed for publication.
The publication shall include contact information for the Code Compliance Officer, the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied, and a deadline for contact and or compliance; or
5. Service of a stop work order on the person(s) responsible for a code violation can be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. (Ord. C-1066 § 2, 2025)
14.07.050 Stop work order.
A. The City is authorized to issue a stop work order under the International Building Code and International Fire Code as adopted by the City to the person(s) responsible and/or property owner for a code violation. Issuance of a notice of violation is not required prior to issuing a stop work order.
B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City.
C. A stop work order may be appealed according to procedures provided in AHMC 14.07.080.
D. Failure to appeal a stop work order within 14 days renders the stop work order a final determination that the violation occurred and that the work was properly ordered to cease.
E. In addition to any other administrative or judicial remedy, the City may assess civil penalties for the violation of any stop work order pursuant to Chapter 1.16 AHMC.
F. Violation of a stop work order shall be a separate violation from any other code violation, and is a first violation in Table 1.16-1 if issued prior to an NOV, and a second violation if issued after a stop work order.
G. Defacing or removing the stop work order is a misdemeanor. (Ord. C-1066 § 2, 2025)
14.07.060 Determination of compliance.
After a violation has been corrected, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning letter, voluntary compliance agreement, notice of violation, or stop work order. (Ord. C-1066 § 2, 2025)
14.07.070 Civil enforcement.
Prompt self-correction, and voluntary compliance, is the City’s desired outcome for code violations. The civil penalties of Chapter 1.16 AHMC shall apply as provided when voluntary compliance is not completed. (Ord. C-1066 § 2, 2025)
14.07.080 Appeal.
A. Appeal Procedure.
1. All appeals shall be filed in writing with the City Clerk’s Office and on forms provided by the City. All appeals must be filed within 14 calendar days of the date of notice of violation. Appeal of the notice of violation shall be heard by the Hearing Examiner under AHMC 14.01.200(A) and Chapter 14.08 AHMC.
2. All appeals to the Hearing Examiner shall contain the following:
a. The name(s) of appellant(s) initiating the appeal;
b. A brief statement setting forth the action appealed and a separate and concise statement of the error alleged to have been committed by the Director, and a concise statement of facts upon which the appellant relies to sustain the statement of error;
c. The signature, telephone numbers and mailing addresses of the appellant(s);
d. Verification, by declaration under penalty of perjury of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the Clerk-Treasurer or designee shall transmit the same to the designated Hearing Examiner as provided herein;
e. Appeal fee, agreement to pay fees, and Hearing Examiner deposit as provided in the City’s fee resolution.
3. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.
4. Costs of Appeal. In cases where the City’s decision is upheld by the Hearing Examiner, said Hearing Examiner shall award the City its reasonable costs of enforcement including those associated with the appeal. (Ord. C-1066 § 2, 2025)
14.07.090 Hearing Examiner – Appointment and appeal hearing procedures.
The City Manager shall appoint one or more Hearing Examiners to hear appeals relating to the interpretation and/or enforcement of this chapter. The Hearing Examiner may not be a City employee and shall not be an employee of the City Attorney’s office. Contracts may be entered into by the person to act as Hearing Examiner, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.
A. Hearing Examiner – Powers and Duties. A Hearing Examiner shall hear all appeals arising from the administration of this chapter. The Hearing Examiner shall hear evidence presented by the City Attorney and/or the Director or designee. The Hearing Examiner shall likewise hear evidence presented by the appellant. The Hearing Examiner shall give substantial weight to the Director’s decision/interpretation and shall substitute his/her judgment only upon a showing by the appellant that the Director’s decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed but witnesses shall be sworn by the Hearing Examiner and a written order issued.
B. Hearing Decision.
1. At the conclusion of the hearing on the violation, the Hearing Examiner within 14 days, unless a longer period is agreed to by the appellant, shall either:
a. Affirm the issuance of the notice of violation if he or she determines by a preponderance of the evidence that the violation exists substantially as stated in the notice of violation;
b. Dismiss the notice of violation and grant the appeal if he or she determines that the violation does not exist substantially as stated in the notice of violation; or
c. Modify the notice of violation depending on the specifics of the violation.
2. The Hearing Examiner’s decision shall be supported by findings of fact and conclusion of law based on the record. The failure to render a decision within such timeframe does not affect the validity of the decision.
3. A copy of the Hearing Examiner’s decision shall be mailed to the appellant(s), the Director, and any who testified at the hearing or alternately personally delivered or posted on the property. Unless otherwise stated in the order, such order shall be final and conclusive five days from the date of mailing or personal delivery thereof unless any party of record makes application to the Spokane County Superior Court for judicial review and stay of enforcement.
C. Representation by Attorney. A person subject to proceedings under this chapter may appear on his or her own behalf or be represented by legal counsel. The prosecuting attorney representing the City may, but need not, appear in any proceedings under this chapter. (Ord. C-1066 § 2, 2025)
14.07.100 Abatement by the City – Immediate hazard.
A. Abatement by the City. The City may perform the abatement required when:
1. The terms of a notice of violation that has not been appealed has not been complied with; or
2. The terms of a voluntary compliance agreement have not been met; or
3. A final order of the Hearing Examiner has been issued in favor of the City has not otherwise been appealed; or
4. A Hearing Examiner’s final order is appealed and the City prevails; or
5. The condition is subject to summary abatement as provided for in this chapter.
B. Summary Abatement. Whenever any nuisance causes a condition, the continued existence of environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the property owner of record and occupant as soon as reasonably possible, and may be given either before or after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats.
C. Authorized Action by the City. If the City is entitled to perform an abatement pursuant to this chapter, using any lawful means, the City or its authorized agents may enter upon the subject property and may take preventative measures, remove, or correct the condition that is subject to abatement. The City may seek judicial process, such as obtaining a warrant of abatement from Spokane County Superior Court pursuant to Chapter 7.48 RCW, as it deems necessary, or when the situation so requires, to effect taking preventative measures, or cause the removal or correction of such condition. The City may use its own resources to abate a violation. (Ord. C-1066 § 2, 2025)
14.07.110 Recovery of costs and expenses.
The costs of abating a condition that constitutes a nuisance under this chapter, including all incidental expenses, shall be billed by certified or registered mail, with a five-day return receipt requested, to the property owner of record at their last known address and shall become due and payable to the City within 14 calendar days of the date of mailing the billing for abatement. The term “incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect, attorney’s fees and costs; costs incurred in documenting the violation, towing/hauling, storage and removal/disposal expenses, actual expenses and costs of the City in preparing notices, specifications and contracts associated with the abatement, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property. The City may, in its sole discretion, contract with third parties for the collection of costs and expenses. (Ord. C-1066 § 2, 2025)
14.07.120 Lien – Authorized.
A. The City shall have a lien for the cost of any abatement proceedings under this chapter or for any of the abatement work that was performed as provided for in accordance with any lien provisions authorized by applicable state law. The City shall also have a lien for any monetary penalty or other amounts imposed under this chapter. The lien shall run with the land and shall be of equal rank with state, county and municipal taxes.
B. The Director shall cause a claim for lien to be filed for record no sooner than 14 calendar days of the date of mailing the billing for abatement or from the date a final appeal decision is entered or appeal is waived.
C. The claim of lien shall contain sufficient information regarding the notice of abatement or notice of violation as determined by the Director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.
D. Any such claim of lien shall be verified by the Director, and may be amended to reflect changed conditions. (Ord. C-1066 § 2, 2025)
14.07.130 Liability for abatement.
Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property caused by a former owner is liable therefor in the same manner as the owner who created it. (Ord. C-1066 § 2, 2025)