Chapter 12A.02ORGANIZATION AND ENFORCEMENT

Sections:

12A.02.010
Authority.
12A.02.020
Violations.
12A.02.030
Enforcement Measures.
12A.02.040
Inspections.
12A.02.050
Public Nuisance.
12A.02.060
Serving of Orders.
12A.02.070
Contents of Order.
12A.02.080
Appeals.
12A.02.010Authority.

The City Engineer, or the designee thereof, is hereby authorized to interpret and enforce these regulations consistent with the regulations of this Ordinance. The City Engineer is authorized to interpret all technical codes referenced herein or incorporated by reference into these regulations. The City Engineer has authority to resolve disputes or questions of fact in connection with work covered by these regulations or the issuance, conditioning or denial of permits and applications. (Ord. 501 § 3 (part), 2009.)

12A.02.020Violations.

It shall be a violation of this title for any person to:

A. Use, construct, locate or demolish any structure, land, sign or property within the city without first obtaining the permits or authorizations required by this title.

B. Use, construct, locate or demolish any structure, land, sign or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to these regulations.

C. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this title, LMC 14.02, Environmental Rules and Procedures, or other City ordinances.

D. Misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.

E. Fail to comply with the requirements of these regulations or any applicable state or local law or regulation.

Except as specified elsewhere, a violation of this Ordinance is a misdemeanor crime, punishable by imprisonment in jail for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000), or by both such imprisonment and fine. (Ord. 501 § 3 (part), 2009.)

12A.02.030Enforcement Measures.

The City Manager or designee is authorized and empowered to ensure compliance with and enforce the provisions of this title to the fullest extent of the law. (Ord. 501 § 3 (part), 2009.)

12A.02.040Inspections.

The City Engineer, or designee thereof, and all inspectors or employees of the City shall at all reasonable times have and be granted access to any premises, dock, building, storeroom, warehouse, property or residence for the purpose of inspecting same and ascertaining compliance with the provisions of this Ordinance. (Ord. 501 § 3 (part), 2009.)

12A.02.050Public Nuisance.

A. Any building, project or land found in violation of these regulations is deemed to be a public nuisance and a danger to the public health and/or safety. Failure to remedy violations of these regulations after lawful notice to do so shall be a misdemeanor crime punishable as provided in LMC 1.44 and LMC 8.16.040. Notices declaring violations of these regulations to be a public nuisance shall be written and served as provided for in this title.

B. The City Engineer, or designee thereof, shall have the power and authority to order verbally and/or in writing the owner, occupant or user of property to correct and remove such nuisances at the expense of such owner, occupant, or user within such time as the City Engineer, or designee thereof, may order.

C. In the event of the refusal or failure to remove such nuisance within said time, the City Manager or designee may cause such nuisance to be abated at the expense of such person or persons, which cost may be recovered by the City from such person or persons in an action brought in the name of the City to recover the same in any court of competent jurisdiction. The City Engineer, or designee, is also authorized to file a lien against the property on which the nuisance was abated in the amount of the City's costs in abating the nuisance, and to enforce said lien against the property. In any such abatement by the City, the City shall also be entitled to interest accruing at the rate of twelve percent (12%) per annum from the time of the expenditure of funds by the City for such abatement. The authority for enforcement provided herein shall be in addition to and as an alternative to the authority of the City to prosecute violations of City Codes as misdemeanors, gross misdemeanors or infractions. (Ord. 501 § 3 (part), 2009.)

12A.02.060Serving of Orders.

A. Written orders made pursuant to this Ordinance shall be served on a person, owner, agent or occupant of a premise or property, and shall be deemed to have been served under any of the following conditions:

1. Such order is delivered to such person by any authorized representative of the City Engineer or designee;

2. Such order is mailed (by registered mail) to the owner, representative of the owner, or the last known occupant of the premises;

3. Such order, properly signed, is posted by an authorized representative of the City Engineer or designee upon any portion of such premises visible from a public place.

B. If the whereabouts of such persons are unknown and the same cannot be ascertained by the City Engineer or designee after reasonable diligence, the City Engineer or designee shall make an affidavit to that effect, then the order shall be served by publishing the same twice, once each week for two consecutive weeks, in the official newspaper of the City. (Ord. 501 § 3 (part), 2009.)

12A.02.070Contents of Order.

The order shall contain the following information:

A. Name of owner or other persons or parties interested;

B. Street address and legal description of the premises;

C. General description of the premises considered a nuisance;

D. A statement or list of items in violation of this Chapter;

E. A reasonable time for correction of the violation;

F. A copy of the order shall be filed with County Auditor, which filing shall have the same force and effect as other lis pendens orders provided by law. (Ord. 501 § 3 (part), 2009.)

12A.02.080Appeals.

Any person or agency aggrieved by any act or decision of the City under these regulations may appeal to the City of Lakewood Hearing Examiner pursuant to the provisions of LMC 18A.02.740(C)(2). Such appeal must be made in writing, served upon the City Clerk of the City, and must be accompanied by the Hearing Examiner Fee in the amount specified in the City’s Fee Schedule. (Ord. 501 § 3 (part), 2009.)