Chapter 1.08
CODE COMPLIANCE PROCEDURES
Sections:
1.08.040 Repealed.
1.08.100 Additional enforcement procedures.
1.08.130 Authority to issue notices of infraction.
1.08.010 Purpose.
A. To create regulatory procedures to:
1. Prevent and prohibit acts or omissions which cause an emergency health or safety risk to the public;
2. Prevent and prohibit acts or omissions which unlawfully interfere with the public’s use of the right-of-way;
3. Prevent and prohibit acts or omissions which cause buildings to be unsafe, unsanitary, or otherwise dangerous through lack of maintenance;
4. Prevent and prohibit acts or omissions which injure or endanger the health or safety of a person, damage personal or real property, or annoy any reasonable person through loud noises, unsightly messes, foul smells, or unlawfully interfere with the legitimate use of property; and
5. Prevent and prohibit acts or omissions which violate noncriminal provisions of the Milton Municipal Code.
B. By preventing and prohibiting the foregoing acts or omissions, it is the intention to:
1. Maintain and upgrade the enjoyment by the public of public property;
2. Maintain and enhance the value of private property within the boundaries of the city of Milton; and
3. Maintain the health, safety and security of the residents of the city of Milton. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.020 Definitions.
“Building official” means that person designated as the building official in the International Building Code.
“Code enforcement official” means that person assigned by the public works director to enforce violations of Chapter 13.26 MMC, or by the director of the department of community development to enforce other violations of the Milton Municipal Code, to the extent not otherwise assigned by the MMC to another city official. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.030 Applicability.
This chapter shall apply to violations of Chapters 9.52, 9.53 and 10.21 MMC, MMC Titles 15 through 18, and any other matters assigned by the Milton Municipal Code. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.040 Procedure outlined.
Repealed by Ord. 1862. (Ord. 1677 § 1, 2006).
1.08.050 Complaints.
Enforcement of any chapter or section of the MMC pursuant to this section may be initiated upon the filing of a complaint with the department of planning and community development; provided, that the filing of a complaint may be deferred when deemed necessary by the official responsible for enforcement in order to provide for timely action. Complaints shall be made on forms supplied by the city. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.060 Investigation.
The following officials or designees are authorized to investigate complaints:
A. Code Enforcement Official. The code enforcement official is authorized to investigate all complaints alleging the following:
1. A nuisance as defined in Chapter 9.52 or 10.21 MMC, except for matters referred to the police.
2. Any violation of MMC Titles 13 and 15 through 18.
3. Any other matter referred by the MMC.
B. Building Official. The building official is authorized to investigate all complaints alleging violations of MMC Title 15.
C. Police Officer. Police officers are authorized to investigate complaints involving nuisances within the developed portions of public rights-of-way, the shoulders of any rights-of-way, and any MMC violation.
D. The planning and community development director or designee has the authority to reassign any of the investigations identified in this section to any other city employee within the director’s supervision or to assign the investigation to another employee with approval by the employee’s supervisor. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.070 Civil violations.
The civil violation process specified in Chapter 17.78 MMC shall apply to any violations of MMC Titles 15 through 18, or any other matter expressly identified as subject to this section; provided, that any violation designated as a crime shall not be subject to Chapter 17.78 MMC. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.080 Nuisance.
Any action that constitutes a violation of Chapter 9.53 MMC, Nuisance Code, or Chapter 10.21 MMC, Junk Vehicles – Vehicle Storage, shall be subject to citation as an infraction as specified in MMC 9.53.070 and/or 10.21.150. If the nuisance is of such a degree that the property is unfit for habitation or other use as contemplated in Chapter 35.80 RCW, the code enforcement person may elect to employ the remedies and procedures specified in Chapter 15.03 MMC, Dangerous Buildings. If the nuisance presents an imminent and material threat to public health, safety and/or welfare, the code enforcement officer may summarily abate a nuisance without process to the extent authorized by law; provided, that the owner of the subject property and/or responsible party is given an opportunity to correct the nuisance to the extent safe and practicable and notice of the pending or completed abatement is provided at the earliest reasonable opportunity. To the extent authorized by law, the city may also summarily abate nuisances if they interfere with city operations or disrupt traffic. The code enforcement person shall employ the assistance of a police officer to physically perform a summary abatement. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.090 Multiple penalties.
If any violation of the MMC is subject to more than one civil penalty in violation of state law, the MMC shall be construed as imposing the highest penalty and shall be subject only to the enforcement process of that penalty. If a violation constitutes both a crime under state law and a civil violation of the MMC, the violation shall be prosecuted as a crime only. State-mandated civil penalties shall also supersede any civil penalty imposed by the MMC when state law prohibits the existence of both. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.100 Additional enforcement procedures.
The provisions of this chapter are not exclusive, including abatement procedures and remedies, and may be used in addition to other enforcement provisions authorized by the Milton Municipal Code and/or state law. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.110 Right of entry.
Whenever it is necessary to make an inspection to enforce any of the provisions of the MMC, or whenever the director of planning and community development has reasonable cause to believe that there exists in any building, or upon any premises, any condition which makes such building or premises nonconforming to the MMC, the director of planning and community development or the person responsible for code enforcement may enter such building or premises to the extent authorized by law; provided, that if such building or premises are occupied, the director of planning and community development or the person responsible for code enforcement shall first present proper credentials and demand entry; and if such building or premises are unoccupied, the director or the person responsible for code enforcement shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the director of planning and community development shall have recourse to every remedy provided by law to secure entry. Nothing in this section shall be construed as authorizing entry without a search warrant if a warrant is legally required. Nothing in this section shall be construed as requiring advance authorization from the property owner if such authorization is not legally required and its acquisition would jeopardize the acquisition of information or the safety of the code enforcement officer. (Ord. 1862 § 1 (Exh. A), 2015; Ord. 1677 § 1, 2006).
1.08.120 Civil infraction.
A. In addition to or in lieu of any enforcement provision set forth in Milton Municipal Code, violation of provisions set forth in MMC Titles 12, 13, and 15 through 18, including any permit conditions imposed thereunder, or rules and/or regulations adopted pursuant thereto, shall constitute a civil infraction as governed by Chapter 7.80 RCW and the Infraction Rules for Courts of Limited Jurisdiction, as now or hereafter amended.
B. Each violation shall be subject to a $125.00 monetary penalty for the first violation (Class 2 civil infraction), and a $250.00 monetary penalty for each violation (Class 1 civil violation) thereafter. Each day of violation shall constitute a separate violation.
C. Violations that are subject to state mandated criminal penalties shall not be subject to civil enforcement unless authorized by state law. State criminal penalties shall supersede any conflicting MMC penalties as required by RCW 35A.11.020. (Ord. 1862 § 1 (Exh. A), 2015).
1.08.130 Authority to issue notices of infraction.
The following persons employed or contracted by the city of Milton shall have the authority to issue notices of civil infraction:
A. The code enforcement official and the building official;
B. Any law enforcement officer with the authority to enforce city, county or state laws within the city; and
C. The planning and community development director or designee. (Ord. 1862 § 1 (Exh. A), 2015).