Chapter 17.88
GENERAL ADMINISTRATION AND ENFORCEMENT
Sections:
17.88.020 Duties of officials.
17.88.030 Interpretations of this title.
17.88.050 Certificate of occupancy.
17.88.090 Enforcement and penalties.
17.88.010 Purpose.
The purpose of this chapter is to establish provisions pertaining to the administration and enforcement of this title. It is the intent that all questions of interpretation and enforcement shall first be presented to the planner for resolution prior to seeking enforcement through litigation.
(Ord. No. 478, § 1, 7-16-09)
17.88.020 Duties of officials.
A. Town Planner. The town planner is responsible for the administration, interpretation, and enforcement of all parts of this title.
B. Town Engineer. The public works superintendent is responsible for providing engineering review of permit applications when such a review is needed, and for such other duties as set forth in this title. In the absence of a town engineer, the public works superintendent shall perform the duties of the town engineer under this chapter to the extent of his training and experience.
C. Building Official. The building official is responsible for assuring that all building permits and certificates of occupancy are referred to the town planner, as required by Sections 17.88.030 and 17.88.040
D. Enforcement. All departments, officials, and public employees of the town which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title and shall issue no such permit or license for any use, building, or purpose if the same would be in conflict with the provisions of this title, and should any such permit or license be issued in error it shall be null and void from its issuance and the town shall not be required to seek an appeal or review of the issuance of that permit or license to be able to declare the same as null and void from the date of its wrongful issuance.
E. General Duty. None of the provisions of this title are intended to create a cause of action or provide the basis for a claim against the town, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public.
(Ord. No. 478, § 1, 7-16-09)
17.88.030 Interpretations of this title.
The town planner may, acting on his or her own initiative or in response to an inquiry, issue interpretations of any provision of this title for which the public works superintendent shall be responsible. The town planner shall base his or her interpretations on the following:
A. The defined or common meaning of the words of the provision;
B. The general purpose of the provision; and
C. The meaning of the provision in relation to the comprehensive plan.
(Ord. No. 478, § 1, 7-16-09)
17.88.040 Building permits.
Building permits are required by Chapter 15.12 of this code.
A. The building official shall refer to the town planner all applications for building permits for new construction and for additions which increase the square footage of usable space.
B. Upon receiving an application for a building permit, the town planner shall review it and make any necessary field inspections to determine whether the proposed construction or addition complies with this title.
(Ord. No. 478, § 1, 7-16-09)
17.88.050 Certificate of occupancy.
A. No building hereafter erected, moved, enlarged, or changed in use shall be occupied until a certificate of occupancy has been issued by the building official.
B. Certificates of Occupancy for Conforming Uses, Buildings, and Structures.
1. A certificate of occupancy shall be issued only after such building, enlargement, or relocation has been completed in conformity with the provisions of this title and any applicable permits and plans.
2. Any use legally occupying an existing building at the time this zoning code becomes effective may be continued but shall not be changed, unless a certificate of occupancy for the new use shall have been issued by the building official after finding that the new use conforms to any required conditions of any applicable permits and plans, and the town planner finds that the new use conforms to this title.
3. Any transfer of ownership of the building or structure which does not involve a change of use shall automatically effect a transfer of the certificate of occupancy to the new owner.
C. Certificates of Occupancy for Nonconforming Uses, Buildings and Structures.
1. The owner or authorized agent of any legal nonconforming use, building or structure may, at any time, apply for a certificate of occupancy to continue as a nonconformity under the provisions of Chapter 17.60
2. No certificate of occupancy for a nonconforming use, building or structure shall be issued until the applicant demonstrates that the nonconformity existed on the effective date of this title, or on the date when preceding versions of the town’s zoning regulations became effective as to such building, structure, land or use, or that the building, structure, land, or use was rendered nonconforming by an amendment to this title subsequent to its effective date.
3. A certificate of occupancy for a nonconformity shall state the manner in which the property is nonconforming and the date when the property became nonconforming.
4. Any transfer of ownership of the building or structure which does not involve a change of use shall effect a transfer of the certificate of occupancy to the new owner.
(Ord. No. 478, § 1, 7-16-09)
17.88.060 Fees.
All applications for permits, certificates of occupancy, rezones, variances, site plan approvals, and appeals shall be accompanied by the fees established for such applications by action of the council.
(Ord. No. 478, § 1, 7-16-09)
17.88.070 Right of entry.
A. Application Constitutes Permission for Entry. Application for any permit, certificate of occupancy, rezone, variance, site plan approval, or appeal constitutes permission for representatives of the town to enter on the property involved in order to make inspections necessary to permit review. A refusal to permit entry is considered to be an abandonment of the application and forfeiture of all fees charged and/or paid.
B. Investigation of Potential Violations. The town planner may enter upon private property to investigate potential violations of this title if he or she has a good faith belief that a violation exists on the property. Before entering upon private property, the town planner shall present credentials to the owner or person in possession or charge of the property and request entry. If entry is refused, the town planner may use any lawful means to obtain entry.
(Ord. No. 478, § 1, 7-16-09)
17.88.080 Violations.
A. It is unlawful for any person to do or cause any act to be done contrary to or in violation of this title, and for any property owner to permit any act to be done contrary to or in violation of this title.
B. It is also unlawful for any applicant or permittee to fail to perform any activity or obligation required by this title.
C. Any violation of any provision of this title unless otherwise enforced per Section 17.88.090 is a civil infraction subject to a penalty as provided in Chapter 1.08.
D. Violations of this title are deemed to be public nuisances and are subject to abatement as such.
(Ord. No. 478, § 1, 7-16-09)
17.88.090 Enforcement and penalties.
When the town planner determines that a violation of this title, he or she may proceed against that violation using the procedures provided in this section.
A. Initiation of Review. A review under this subsection may be initiated by:
1. The town planner;
2. A motion of the town council;
3. Any aggrieved person believing that a violation or violations of this title is occurring by making a written complaint to the town planner.
B. Review Procedure.
1. The town planner shall within sixty days after the receipt of such written allegations or motion of the town council complete an investigation of the alleged violation(s) to determine the merits thereof.
2. Within fourteen days after the town planner has completed the investigation, he or she shall take the following action:
a. If the town planner determines that no violation as alleged or otherwise is occurring, then notification of that decision shall be given to the complaining person or a spokesperson for the complaining person, or in a written report to the town council.
b. If the town planner determines that a violation is occurring or has occurred as alleged, a notice of violation and order to correct or cease activity shall be sent as specified in Section 17.88.090(C).
3. If the town planner determines that the way to correct a violation is for the property owner or violator to cease the activity, or for the town to impose new or changed conditions on a permit or plan that has been issued or approved, the town planner shall refer the matter to the hearing examiner or staff for review depending upon which entity made the final decision on the matter under review.
a. The hearing examiner shall hold a public meeting to review the permit or approval, using criteria required for the original.
b. If the hearing examiner finds that a violation exists, and that it can be reasonably resolved by imposing new or changed conditions on the permit or plan, the conditions may be changed. The action of the hearing examiner shall be final as provided under Chapter 14.11.
c. If the hearing examiner determines that the way to correct the violation is for the permittee to cease the violation, and the permittee fails or refuses to cease the violation, the hearing examiner may revoke the permit or approved plan and may order the activity allowed by the permit or plan to cease.
d. If the violation is of a condition which was imposed by staff and staff finds that the violation can be reasonably resolved by imposing new or changed conditions on the permit or plan, conditions may be changed by staff.
e. If the staff determines that the way to correct a violation is for the permittee to cease the violation and the permittee fails or refuses to cease the violation, the staff may revoke the permit or plan and may order activity allowed by the permit or plan to cease.
C. Notice of Violation and Order to Correct or Cease Activity.
1. General. If the town planner determines that any activity, condition, structure, or use exists that does not conform to this title, he or she may issue a notice of violation and order to correct or cease activity. This notice will specifically indicate the following:
a. The name and address of the person(s) charged with the violation;
b. What provision of this title is being violated;
c. The street address and a brief legal description of the site on which the violation has been determined to exist;
d. What is necessary to correct the violation;
e. The time by which the violation is to be corrected or activity ceased; and
f. A statement that the civil penalties established in Section 17.88.090(E) shall be assessed against the person(s) cited if the violation is not corrected within the specified time period.
2. Notice to Occupant and Owner. The town planner shall deliver or cause to be delivered the notice of violation and order to correct or cease activity by both U.S. postal mail and certified mail return receipt requested addressed to each person’s last known address, or personal service to each record owner, taxpayer and occupier and, when applicable, the contractor(s) occupant or person in charge of the property. Service by mail shall be deemed completed three days after mailing.
A copy of the notice of violation and order to correct or cease activity shall be sent to the complaining person or a spokesperson for complaining person if requested.
D. Appeals. Any notice of violation and order to correct or cease activity issued by the town planner shall be appealable to the hearing examiner under Chapter 2.44.
E. Penalties.
1. Any violation for which a notice of violation and order to correct or cease activity has been issued but which has not been corrected within the time specified shall incur a civil penalty of two hundred fifty dollars per day up to a sum of five thousand dollars, beginning on the day the correction was to be completed. The cumulative penalty provided for in this paragraph shall not accrue while an appeal is pending, nor shall the penalty preclude the initiation of appropriate legal action to correct the violation.
2. If a penalty has been assessed pursuant to Section 17.88.090(E)(1), a court shall assess that penalty and any additional penalty the court considers appropriate plus court costs and attorney’s fees.
F. If the town planner determines that the property owner or violator could reasonably correct the violation, but fails to do so within the time specified in the notice of violation and order to correct or cease activity, the town planner may refer the matter to the town attorney for civil enforcement by injunction or other appropriate action.
G. Compromise, Settlement, and Disposition of Disputes or Litigation. The town planner and the town attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation when to do so would be in the best interests of the town.
(Ord. No. 478, § 1, 7-16-09)