Chapter 1.17
Enforcement1
Sections:
1.17.050 Voluntary correction and limited right to enter property.
1.17.060 Investigation, civil infraction citations, and notices of violation.
1.17.070 Time in which to comply.
1.17.100 Appeal to Hearing Examiner.
1.17.120 Abatement by the City.
1.17.010 Purpose.
The purpose of this chapter is to establish a system to enforce the development, land use, and public peace, health, safety, and welfare regulations of the City, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish penalties for violations, including abatement of any affected properties. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.020 Scope.
The procedures set forth in this chapter shall be utilized to enforce violations of the DuPont Municipal Code, as such violations are described within the code, and as this chapter is referenced throughout the code. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.030 Violations.
It is unlawful to maintain, allow, permit or fail to prevent a nuisance as defined in Chapter 9.16 DMC or as defined throughout the DuPont Municipal Code. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.040 Enforcement.
(a) The Code Enforcement Officer is the person authorized by the Mayor to enforce the civil provisions of the DuPont Municipal Code.
(b) The Code Enforcement Officer shall have the responsibility for enforcement of this chapter. The Code Enforcement Officer may call upon the Police, Fire, Building, Public Works or other appropriate City departments to assist in enforcement. The Code Enforcement Officer may seek assistance from outside agencies or private contractors should the need exist. As used in this chapter, “Code Enforcement Officer” shall also mean his or her duly authorized designee.
(c) This chapter shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.
(d) It is the intent of this chapter to place the obligation for complying with its requirements upon the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings situated within the City of DuPont and within the scope of the DuPont Municipal Code.
(e) No provision or any term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.050 Voluntary correction and limited right to enter property.
(a) Applicability. While it is the City’s desire to obtain voluntary correction pursuant to this chapter, compliance is not a prerequisite for pursuing any of the other remedies for correction in this chapter, or any remedies available in law or equity. This section may apply whenever the Code Enforcement Officer determines that a nuisance or code violation has occurred or is occurring.
(b) General. The Code Enforcement Officer may attempt to secure voluntary correction by contacting the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings situated within the City of DuPont and, where possible, explaining the violation and requesting correction.
(c) Voluntary Correction and Limited Right of Entry Agreement. A voluntary correction and limited right of entry agreement may be entered into between the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings situated within the City of DuPont for the violation and the City, acting through the applicable department director. The voluntary correction and limited right of entry agreement is a contract between the City and the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction and limited right of entry agreement may include the following:
(1) The name and address of the person responsible for the violation;
(2) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the violation and a reference to the regulation which has been violated;
(4) The necessary corrective action to be taken, and a date or time by which correction must be completed;
(5) An agreement by the person responsible for the violation that the City may inspect the premises as may be necessary to determine compliance with the voluntary correction and limited right of entry agreement; and
(6) An agreement by the person responsible for the violation that the City may abate the violation and recover its costs and expenses as described in DMC 1.17.120 and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction and limited right of entry agreement are not satisfied. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.060 Investigation, civil infraction citations, and notices of violation.
(a) Authority. Upon presentation of proper credentials, the Code Enforcement Officer may, with the consent of the owner or occupier of a building or premises, enter at reasonable times any building or premises in order to perform the duties imposed by this chapter.
(b) Investigation. The Code Enforcement Officer may investigate any structure, use or complaint which he or she reasonably believes does not comply with the applicable standards and requirements of the DuPont Municipal Code.
(c) Civil Infraction Citation. If after investigation, or after the complaint of residents or others, the Code Enforcement Officer has probable cause to believe that the applicable standards or requirements of the DuPont Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction citation in accordance with Chapter 7.80 RCW, which is incorporated herein by this reference, upon the owner, tenant, occupier, manager, agent or other person responsible for the condition or complaint.
(d) Notice of Violation. Alternatively, after investigation, or based upon the complaint of residents or others, the Code Enforcement Officer may serve a notice of violation upon the owner, tenant, occupier, manager, agent or other person responsible for the condition. The notice of violation shall contain the following information:
(1) A statement of each standard, code provision or requirement violated;
(2) What corrective action, if any, is necessary to comply with the standard, code provision or requirement;
(3) A reasonable time for compliance; and
(4) An explanation of the appeal process and the specific information required to file an appeal.
(e) Service of a Notice of Violation. A notice of violation shall be served on the owner, tenant, occupier, manager, agent or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the Code Enforcement Officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
(1) Publishing the notice once each week for two consecutive weeks in the City’s official newspaper; and
(2) Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known or, if unknown, to the address of the property involved in the proceedings.
(f) Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
(g) Amendment. A notice of violation may be amended at any time in order to:
(1) Correct clerical errors; or
(2) Cite additional authority for a stated violation. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.070 Time in which to comply.
(a) Civil Infraction Citations. Civil infraction citations may be issued by the City’s Code Enforcement Officer and shall be processed in accordance with Chapter 7.80 RCW, which is incorporated herein by reference.
(b) Determination of Time for Compliance with Notices of Violation. Persons receiving a notice of violation shall rectify the code violations identified within the time period specified by the Code Enforcement Officer pursuant to DMC 1.17.060(d).
(c) Order Becomes Final Unless Appealed. Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with DMC 1.17.100(a), the notice of violation shall become the final administrative order of the Code Enforcement Officer. A copy of the notice may be filed and recorded with the Pierce County Recorder. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.080 Stop work orders.
Whenever a continuing violation of this code will materially impair the Code Enforcement Officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the Code Enforcement Officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. Any violation of a stop work order is hereby declared to be a nuisance, and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. The costs for the injunction or abatement shall be recovered by the City from the owner, tenant, occupant, manager, agent, or other responsible person in the manner provided by law. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.090 Emergency orders.
Whenever any use or activity in violation of the DuPont Municipal Code threatens the health and safety of the occupants of the premises or any member of the public, the Code Enforcement Officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. All cost of such abatement shall be recovered from the owner, tenant, occupant, manager, agent or other person responsible in the manner provided by law. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.100 Appeal to Hearing Examiner.
(a) The person incurring the penalty described in a notice of violation issued by the Code Enforcement Officer pursuant to DMC 1.17.060(d) may obtain an appeal of the notice by requesting such appeal within 10 calendar days after receiving or otherwise being served with the notice pursuant to DMC 1.17.060. When the last day of the period so computed is a Saturday, Sunday or federal or City holiday, the period shall run until 4:30 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the notice of violation under the procedures described in DMC 1.17.060(e) or as may be otherwise requested by the appealing party.
(b) At or after the appeal hearing, the Hearing Examiner may:
(1) Sustain the notice of violation;
(2) Withdraw the notice of violation;
(3) Continue the review to a date certain for receipt of additional information; or
(4) Modify the notice of violation, which may include an extension of the compliance date.
(c) The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the notice of violation under the same procedures described in DMC 1.17.060(e) or as otherwise directed by the appealing party.
(d) The decision of the Hearing Examiner shall be final and conclusive unless appealed. In order to appeal the decision of the Hearing Examiner, a person with standing to appeal must file a land use petition, approved in Chapter 36.70C RCW (Land Use Petition Act), within 21 days of the issuance of the Hearing Examiner’s decision. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.110 Penalties.
(a) Violations of the DuPont Municipal Code.
(1) Civil Infraction. Any person violating or failing to comply with the provisions of the DuPont Municipal Code may be issued a civil infraction pursuant to DMC 1.17.060(c). Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation; and
(2) Notice of Violation.
(i) Any person violating or failing to comply with the provisions of the DuPont Municipal Code may, in the alternative, be issued a notice of violation that shall carry with it a cumulative monetary penalty of $500.00 per day for each violation from the date set for compliance until compliance with the notice of violation or order is achieved;
(ii) In addition to any penalty that may be imposed by the City, any person violating or failing to comply with any of the provisions of the DuPont Municipal Code shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation; and
(iii) The penalty imposed by this section under a notice of violation may be collected by civil action brought in the name of the City. The Code Enforcement Officer may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Code Enforcement Officer, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property.
(b) Additional Relief. The Code Enforcement Officer 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 DuPont Municipal Code. The remedies provided in this chapter are cumulative and shall be in addition to any other remedy provided by law.
(c) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the infraction or notice of violation was issued of the duty to correct the violation. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.120 Abatement by the City.
(a) Abatement. The City may abate nuisances or code violations when:
(1) The terms of the voluntary correction and limited right of entry agreement have not been met; or
(2) A notice of violation has been issued and the required correction has not been completed by the date specified in the notice of violation; or
(3) A written decision issued by the City’s Hearing Examiner has not been complied with by the date specified in the written decision; or
(4) The nuisances or code violations are subject to summary abatement as provided for in subsection (b) of this section.
(b) Summary Abatement. Whenever any nuisance or code violation causes a condition the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the 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 person responsible for the violation as soon as reasonably possible 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, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings.
(c) Authorized Action by the City. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement. Prior to or during such abatement, the City may seek such judicial process as it deems necessary to effect the removal or correction of such condition, including but not limited to obtaining an injunction or warrant of abatement.
(d) Interference. Any person who knowingly obstructs, impedes or interferes with the City or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.
(e) Recovery of Costs and Expenses. All costs incurred by the City during abatement of nuisance or code violations shall be billed to the owner, occupier, tenant, manager, agent or other person responsible for the condition of land and buildings. Such costs may include, but are not limited to, the following legal and abatement expenses:
(1) For purposes of this chapter, legal expenses shall include but are not limited to the following:
(i) Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the City Attorney’s office or its designee taken to abate nuisances and code violations;
(ii) Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations; and
(iii) All costs associated with retention and use of expert witnesses or consultants during the course of abatement.
(2) For purposes of this chapter, abatement expenses shall include but are not limited to the following:
(i) Costs incurred by the City for preparation of notices, contracts, and related documents necessary to abate nuisance or code violations;
(ii) All costs associated with inspection of the property and monitoring of said property consistent with orders of compliance issued by the City’s Hearing Examiner or a court of competent jurisdiction;
(iii) All costs incurred by the City for hauling, storage, disposal or removal of: vegetation, trash, debris, dangerous structures or structures unfit for human habitation pursuant to the International Building Code and/or International Property Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions to the public right-of-way, and setback obstructions; and
(iv) All costs incurred by law enforcement or related enforcement agencies necessary to assist the City during abatement of nuisance or code violations.
(f) Interest. All costs incurred by the City during abatement of nuisance and code violations shall include interest in an amount as prescribed by law. Interest shall start to accrue on the thirtieth day from mailing of the invoice pursuant to subsection (e) of this section.
(g) Lien--Authorized. The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs, including attorney’s and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. (Ord. 06-819 § 1; Ord. 06-825 § 1; Ord. 08-863 § 1).
1.17.130 Misdemeanors.
A violation of the following sections of the DuPont Municipal Code constitutes a misdemeanor:
(a) DuPont Municipal Code Chapters 9.01, 9.02, 9.09, 9.12, 9.17, 9.18, and 9.19; and
(b) Where the DuPont Municipal Code specifically provides that a code violation is criminal or constitutes a misdemeanor.
A duly commissioned law enforcement officer, having law enforcement authority at the place where the violation occurs, is authorized to enforce this section. Any person found in violation is guilty of a misdemeanor and upon conviction shall be imprisoned for not more than 90 days, fined in an amount fixed by the court of not more than $1,000, both imprisoned and fined, or penalized as provided for by State law. (Ord. 08-863 § 1; Ord. 14-973 § 2).
Code reviser’s note: Ord. 06-819 adds this chapter as Chapter 1.16 DMC. It has been editorially renumbered as Chapter 1.17 DMC in order to avoid duplication of chapter numbers.