Chapter 4.20
GENERAL PROVISIONS
Sections:
4.20.020 Declaration of public nuisance, misdemeanor.
4.20.030 Enforcement authority and administration.
4.20.040 Initial investigation – Notice – Procedures.
4.20.050 Procedures when probable violation identified.
4.20.060 Service – Citation, notice of noncompliance, notice and order – Stop work order.
4.20.070 Voluntary compliance agreement – Authority.
4.20.100 Obligation of persons responsible for code compliance.
4.20.110 Improper disposal of solid waste prohibited – Penalties, restitution.
4.20.120 Property owner responsible for handling and disposing solid waste.
4.20.130 Presumption of responsibility for improperly disposed solid waste containing name.
4.20.010 Definitions.
The words and phrases designated in this section shall be defined for the purposes of this title as follows:
A. “Abate” means to take whatever steps are deemed necessary by the Director to return a property to the condition in which it existed before a civil code violation occurred or to assure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.
B. “Abandoned vehicle” shall mean any vehicle left upon the property of another without the consent of the owner of such property for a period of 24 hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance.
C. “Activity,” as referred to in MVMC 4.60.020(A) and (B), includes construction or engaging in business.
D. “Civil code violation” means and includes one or more of the following:
1. Any act or omission contrary to any ordinance or City code provision that regulates or protects public health, the environment or the use and development of land or water, whether or not the ordinance is codified; and
2. Any act or omission contrary to the conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance or City code provision.
E. “Contested hearing” means a hearing requested in response to a citation to contest the finding that a violation occurred or to contest that the person issued the citation is responsible for the violation.
F. “Director” means, depending on the code violated:
1. For enforcement of MVMC Titles 14, 15, 16 and 18, the Community Development Director or his/her designee;
2. For enforcement of MVMC Titles 3, 5, 6 and 8, the City Manager, or his/her designee;
3. For enforcement of MVMC Titles 12 and 13, the Public Works Director, or his/her designee;
4. For enforcement of MVMC Title 7, the Parks and Recreation Director, or his/her designee;
5. For enforcement of MVMC Titles 9 and 10, the City Attorney or his/her designee; or
6. Such other person as the Council by ordinance authorizes.
G. “Found in violation” means that:
1. A citation, notice and order or stop work order has been issued and not timely appealed;
2. A voluntary compliance agreement has been entered into; or
3. The Hearing Examiner has determined that the violation has occurred and the Hearing Examiner’s determination has not been stayed or reversed on appeal.
H. “Illegal dumping” means disposing of solid waste in any manner other than in a receptacle specifically provided for that purpose, in any public place, public road, public park or private property or in the waters of the City, except as authorized by the City or at the official solid waste disposal facility provided by King County.
I. “Hearing Examiner” means the Maple Valley Hearing Examiner, as provided in Chapter 2.65 MVMC.
J. “Mitigate” means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome.
K. “Mitigation hearing” means a hearing requested in response to a citation to explain mitigating circumstances surrounding the commission of a violation.
L. “Permit” means any form of approval, issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners and their tenants and agents as permit requirements enforceable under this title.
M. “Person” means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of the individual, association, partnership, corporation or legal entity.
N. “Person responsible for code compliance” means either the person who caused the violation, if that can be determined, or the owner, lessor, tenant or other person entitled to control, use or occupy, or any combination of control, use or occupy, property where a civil code violation occurs, or both.
O. “Remediate” means to restore a site to a condition that complies with critical area or other regulatory requirements as they existed when the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose a probable threat to the environment or to the public health, safety or welfare.
P. “Solid waste” or “wastes” means all putrescible and nonputrescible solid and semisolid wastes, except wastes identified in WAC 173-350-020, including, but not limited to, garbage, rubbish, ashes, industrial wastes, commercial waste, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, discarded commodities and recyclable materials.
Q. “Wrecked, dismantled or inoperative vehicle” shall mean a vehicle that is certified by the Community Development Director or his/her designee or the Police Department as meeting at least three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including but not limited to any of the following: a broken windshield, or missing wheels, tires, motor, or transmission;
3. Is apparently inoperable;
4. Has an approximate fair market value equal only to the approximate value of the scrap in it. (Ord. O-13-534 § 3).
4.20.020 Declaration of public nuisance, misdemeanor.
A. All civil code violations are hereby determined to be detrimental to the public health, safety and environment and are hereby declared public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this title except where specifically excluded by law or regulation.
B. Any person who willfully or knowingly causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by either a fine not to exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this title or by law or other regulation, a Director may request that the City Attorney consider filing, and the City Attorney is authorized to file, a misdemeanor complaint against the persons responsible for code compliance when the Director has documentation or evidence that the violation was willful and knowing. (Ord. O-13-534 § 3).
4.20.030 Enforcement authority and administration.
A. In order to discourage public nuisances, make efficient use of public resources and otherwise promote compliance with applicable code provisions, a Director may, in response to field observations or reliable complaints, determine that civil code violations have occurred or are occurring and may:
1. Enter into voluntary compliance agreements with persons responsible for code compliance, and issue notices of noncompliance if the persons responsible fail to comply with the terms of the voluntary compliance agreement;
2. Issue citations and assess civil penalties as authorized by Chapter 4.40 MVMC;
3. Issue notice and orders, assess civil penalties and fines and recover costs as authorized by Chapter 4.50 MVMC;
4. Order abatement by means of a notice and order, and if abatement is not completed in a timely manner by the person responsible for code compliance, undertake the abatement and charge the reasonable costs of such work as authorized by MVMC 4.50.080;
5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties, as authorized by Chapter 4.60 MVMC;
6. Suspend, revoke or modify any permit previously issued by a Director or deny a permit application as authorized by MVMC 4.50.090 when other efforts to achieve compliance have failed; and
7. For de minimis violations, decide not to take enforcement action.
B. Should violations occur involving multiple departments, the lead department shall be the Community Development Department.
C. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying civil code violations or abating civil code violations in any other manner authorized by law.
D. In addition or as an alternative to using the procedures set forth in this title, a Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a civil code violation.
E. In addition or as an alternative to utilizing the procedures set forth in this title, a Director may assess or recover civil penalties accruing under this title by legal action filed in King County Superior Court by the City Attorney.
F. The provisions of this title shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this title from any person causing such violation.
G. A Director may use the services of a collection agency in order to collect any fines, penalties, fees or costs owing under this title.
H. In administering the provisions for code enforcement, the Director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation and any necessary remediation is being promptly provided. For purposes of this clause, substantial injustice cannot be based on economic hardship.
I. The provisions of this title detailing City departmental administration of code compliance procedures are not to be construed as creating a substantive basis for appeal or a defense of any kind to an alleged violation.
J. The provisions of this title authorizing the enforcement of noncodified ordinances are intended to assure compliance with conditions of approval on plats, unclassified use permits, zone reclassifications and other similar permits or approvals which may have been granted by ordinances that will never be codified, and to enforce new regulatory ordinances which are not yet codified. Departments should be sensitive to the possibility that citizens may not be aware of these ordinances, and should give warnings prior to enforcing such ordinances, except in high risk cases.
K. The City Attorney is authorized by this chapter to recover all costs and reasonable attorney’s fees associated with filing an action in Superior Court to enforce violations of its ordinances, regulations and codes. (Ord. O-13-534 § 3).
4.20.040 Initial investigation – Notice – Procedures.
This section sets forth guidelines for more specific procedures to be used in implementing this title. The guidelines set forth in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce City law with regard to that case.
A. Before conducting a field verification, code enforcement personnel shall notify the owner, occupant, or other person responsible for code compliance of a possible violation through any combination of phone, posting and/or mail that a field verification is to occur. Code enforcement personnel shall not cross a parcel boundary line onto private property without such prior notification, except in emergencies that pose an imminent threat to environmental health or to the public safety or specifically for the purpose of posting a notice.
B. In cases involving a complaint, the code enforcement agency shall provide notice (prior to or concurrent with a field verification) in the following manner:
1. The owner, occupant and person responsible for code compliance, if not an owner or occupant, shall be advised by personal contact, phone, posting or mail of any complaint. (Ord. O-13-534 § 3).
4.20.050 Procedures when probable violation identified.
A. The Director shall determine, based on information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City law, whether or not a violation has occurred. As soon as the Director has reasonable cause to determine that a violation has occurred, he/she shall document the violation and promptly notify the owner, occupant or other person responsible for code compliance.
B. Except as provided in subsection (D) of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director otherwise determines that a violation has occurred. The warning shall inform the person determined to be responsible for code compliance of the violation and shall include a reference to the applicable permit or zoning condition, ordinance or code related to the violation. The warning shall also allow the person an opportunity to correct the violation or enter into a voluntary compliance agreement as provided for by this title. Verbal warnings shall be logged and followed up with a written warning within 14 calendar days, and the site shall be reinspected within seven calendar days of the written warning.
C. The guidelines in this section for warnings, notifications and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City’s authority to enforce City law with regard to that case.
D. No warning need be issued in cases involving emergencies that pose an imminent threat to environmental health or to the public safety.
E. The Director may issue notices and orders in cases where he/she determines that the violation is unlikely to be fully corrected in a reasonable period of time.
F. The Director shall use all reasonable means to determine and cite the person or persons actually responsible for the violation occurring when the owner has not directly or indirectly caused the violation.
G. If the violation is not corrected or a voluntary compliance agreement is not achieved within a reasonable time period, a citation, notice and order or stop work order should be issued. As a guideline, citations should be issued within 30 days from receipt of a complaint, and notice and orders should be issued within 120 days from receipt of a complaint. Stop work orders should be issued promptly upon discovery of a violation in progress.
H. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations, notice and orders, stop work orders and notices of settlement conferences issued by a department with regard to the alleged violation. A complainant should be advised that the City cannot keep the complainant’s name and contact information confidential under most circumstances, due to the City’s requirement to comply with the Public Records Act, Chapter 42.56 RCW. (Ord. O-13-534 § 3).
4.20.060 Service – Citation, notice of noncompliance, notice and order – Stop work order.
A. Service of a citation, notice of noncompliance, or notice and order shall be made on a person responsible for code compliance by one or more of the following methods:
1. Personal service of a citation, notice of noncompliance or notice and order may be made on the person identified by the Department as being responsible for code compliance, or by leaving a copy of the citation, notice of noncompliance, or notice and order at that person’s house of usual abode with a person of suitable age and discretion who resides there.
2. Service directed to the landowner and/or occupant of the property may be made by posting the citation, notice of noncompliance or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.
3. Service by mail may be made for a citation, notice of noncompliance or a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for code compliance at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for code compliance. The taxpayer’s address as shown on the tax records of the 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 citation, notice of noncompliance or notice and order was placed in the mail.
B. For notice and orders only, when the address of the person responsible for code compliance cannot reasonably be determined, service may be made by publication once in a local newspaper of general circulation.
C. Service of a stop work order on a person responsible for code compliance may 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 section.
D. The failure of the Director to make or attempt service on any person named in the citation, notice of noncompliance, notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. O-13-534 § 3).
4.20.070 Voluntary compliance agreement – Authority.
A. Whenever the Director determines that a code violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for code compliance. Upon contacting the person responsible for code compliance, the Director may enter into a voluntary compliance agreement as provided for in this section.
B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning.
C. The voluntary compliance agreement is a commitment by the person responsible for code compliance under which the person agrees to do any combination of abating the violation, remediating the site or mitigating the impacts of the violation. The voluntary compliance agreement shall include the following:
1. The name and address of the person responsible for code compliance;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision or provisions of the ordinance, resolution or regulation that has been violated;
4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed. For the purpose of this subsection (C)(4), the Director may either require that compliance be achieved by a specific date or that compliance be achieved by a date to be determined based on the occurrence of some future event;
5. The amount of the civil penalty that will be imposed pursuant to Chapter 4.70 MVMC if the voluntary compliance agreement is not satisfied;
6. An acknowledgment that the voluntary compliance agreement will be recorded against the property in the Records and Licensing Services Division, the recording to be accomplished as provided for in notice and order cases;
7. An acknowledgment that if the Director determines that the terms of the voluntary compliance agreement are not met, the Director may issue a notice of violation and order, and if the notice of violation and order is not successfully appealed pursuant to KCC 20.24.090, that the City may impose any remedy authorized by this title, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the County to pursue code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit;
8. An acknowledgment that if any assessed penalty, fee or cost is not paid, a Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by the person responsible for code compliance, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for code compliance;
9. An acknowledgment that by entering into the voluntary compliance agreement the person responsible for code compliance thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil violation; and that the person responsible waives the right to administratively appeal the existence of the conditions and the fact that they constituted a civil code violation, and that if a notice of noncompliance is issued and not successfully appealed, the person is subject to and liable for any remedy authorized by this title, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit; and
10. An acknowledgment that the person responsible for code compliance understands that he or she knowingly, voluntarily and intelligently waives the right to administratively appeal a citation, notice and order or stop work order for any violation identified in the voluntary compliance agreement.
D. Upon entering into a voluntary compliance agreement, a person responsible for code compliance admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and agrees that if the Director issues a notice of noncompliance, and if the notice of noncompliance is not successfully challenged through administrative appeal, he or she is liable for the civil penalty available under Chapter 4.70 MVMC. The person identified in the voluntary compliance agreement is liable for the costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses as provided for in MVMC 4.20.080, and is subject to all other remedies provided for in this title.
E. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the Director if the person responsible for code compliance has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.
F. The voluntary compliance agreement is not a settlement agreement. (Ord. O-13-534 § 3).
4.20.080 Failure to meet terms of voluntary compliance agreement – Notice – Appeal – Abatement of violation.
If the Director determines that terms of the voluntary compliance agreement are not completely met, the Director may issue a notice of violation and order. The person or persons responsible for code compliance may appeal the notice of violation and order as provided by Chapter 4.80 MVMC. If the Director issues a notice of noncompliance, and the notice of noncompliance is not successfully challenged through administrative appeal, the Director may abate the violation in accordance with this title, and the person responsible for code compliance may, without being issued a citation, notice and order or stop work order, be assessed a civil fine or penalty, in accordance with the penalty provisions of the voluntary compliance agreement, plus all costs incurred by the City to pursue code compliance and to abate the violation, including legal and incidental expenses as provided for in this title, and may be subject to other remedies authorized by this title. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that notice of noncompliance was issued. (Ord. O-13-534 § 3).
4.20.090 Right of entry.
It is the intention of this chapter that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry and the holdings of relevant court cases regarding entry. The right of entry granted by this title shall not supersede those legal constraints. The Director is authorized to enter upon any property for the purpose of administering this title only if entry is consistent with the Constitutions and laws of the United States and the State of Washington. If required by the Constitutions and laws of the United States or the State of Washington, the Director shall apply to a court of competent jurisdiction for a search warrant authorizing access to property for the purpose of administering this title. The court may upon such application issue the search warrant for the purpose requested. (Ord. O-13-534 § 3).
4.20.100 Obligation of persons responsible for code compliance.
A. It shall be the responsibility of any person identified as responsible for code compliance to bring the property into a safe and reasonable condition to achieve code compliance. Payment of fines, applications for permits, acknowledgment of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances.
B. Persons determined to be responsible for code compliance pursuant to a citation or notice and order shall be liable for the payment of any civil fines, penalties, abatement costs, reasonable attorney’s fees, and other costs associated with City enforcement action; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. The owner’s affirmative demonstration must be set forth as a finding of the Hearing Examiner, if the owner’s assertion is made in a mitigation hearing or contested hearing. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil fines or penalties shall be assessed against an owner or his or her property interest if the owner successfully demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent. (Ord. O-13-534 § 3).
4.20.110 Improper disposal of solid waste prohibited – Penalties, restitution.
A. No person shall throw, drop, discard, or otherwise dispose or illegally dump, or cause solid waste to be disposed or illegally dumped, upon any public property, including, but not limited to, any right-of-way, park, beach, campground, forest land, recreational area, highway, road, street or alley, or in surrounding water, or upon private property not owned by that person or for which they are an agent of the property owner or with the authorization of the owner, unless:
1. The property is designated by the City or the County for the disposal of solid waste and the person is authorized to use such property for that purpose; or
2. The waste is placed into an approved waste receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any private or public property or waters.
B. 1. It is a civil code violation for a person to illegally dump solid waste in any amount.
2. In cases involving illegal dumping in an amount greater than one cubic foot but less than one cubic yard, the person responsible for code compliance shall, in addition to civil penalties, pay an illegal dumping cleanup restitution payment equal to twice the actual cost of cleanup, or $50.00 per cubic foot of material deposited, whichever is greater. The Director shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the enforcement agency investigating the incident if the enforcement agency is other than the City. The Director may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove waste material from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The Director may suspend or modify the cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the waste.
3. In cases involving illegal dumping in an amount of one cubic yard or more, the person responsible for code compliance shall, in addition to civil penalties, pay a cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of material dumped, whichever is greater. The Director shall distribute one-half of the cleanup restitution payment to the landowner and one-half of the cleanup restitution payment to the enforcement agency investigating the incident if the enforcement agency is other than the City. The landowner and the enforcement agency may be one and the same. The Director may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove waste from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The Director may suspend or modify the cleanup restitution payment for a first-time offender under this section, if the person cleans up and properly disposes of the litter. (Ord. O-13-534 § 3).
4.20.120 Property owner responsible for handling and disposing solid waste.
The owner, operator or occupant of any dwelling, business establishment or industry shall be responsible for the satisfactory and legal arrangement for the handling and disposing of all solid waste generated or accumulated on the property. Releasing solid waste to a transporter does not end owner responsibility for solid waste handling. (Ord. O-13-534 § 3).
4.20.130 Presumption of responsibility for improperly disposed solid waste containing name.
Whenever solid wastes dumped in violation of this chapter or any other provision of City law contain three or more items bearing the name of one individual, there shall be a rebuttable presumption that the individual whose name appears on such items committed the illegal dumping. (Ord. O-13-534 § 3).