Chapter 19.05
GENERAL PROVISIONS
Sections:
19.05.020 Statement of policy.
19.05.040 Grammatical construction.
19.05.050 Relationship to growth management plan.
19.05.060 Additional enforcement procedures.
19.05.080 Severability and pre-emption.
19.05.010 Name and purpose.
A. This title shall be known as “code enforcement.” The purpose of this title is to establish an efficient system to enforce Chapters 5.04, 6.06 and 8.08 MVMC, MVMC Titles 12, 13, 14, 15, 16, 17, and 18, and such uncodified ordinances as the director deems appropriate; to provide an opportunity for a prompt hearing and decision on alleged violations of ordinances and regulations adopted by the city of Mount Vernon; and to establish penalties for violations including abatement of any affected properties. This title declares certain acts to be civil violations and establishes nonpenal enforcement procedures and civil penalties. This title also declares certain acts to be misdemeanors.
B. It is the intention of the city to pursue code compliance actively and vigorously in order to protect the health, safety, and welfare of the general public. The city’s intention is to pursue enforcement in a way that is consistent with adherence to, and respectful of, fundamental constitutional principles.
C. While the title does authorize the city of Mount Vernon to take action to enforce city ordinances and regulations, it shall not be construed as placing responsibility for code compliance or as creating any duty on the part of the city to any particular case, or as creating any duty on the part of the city to any particular persons or class of persons. (Ord. 3602 § 2, 2013).
19.05.020 Statement of policy.
It is the policy of the city of Mount Vernon to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance, timely action, and uniformity in its implementation. While warnings and voluntary compliance are desirable as a first step, enforcement up to and including civil and criminal penalties should be used as needed to assure and effect code compliance. Abatement or remediation should be pursued when appropriate and feasible. Uniform and efficient procedures, with consistent application tailored by regulation should be used to accomplish this policy. (Ord. 3440 § 1, 2008).
19.05.030 Definitions.
The words and phrases designated in this section shall be defined for the purposes of this title, unless a different meaning is plainly required, as follows:
A. “Abate” means to take steps deemed necessary by the director, including but not limited to rehabilitation, demolition, removal, replacement, or repair, in the interest of the general health, safety, and welfare of the community.
B. “Civil code violation” means and includes any act or omission including causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission contrary to:
1. Chapters 5.04, 6.06 and 8.08 MVMC, MVMC Titles 12, 13, 14, 15, 16, 17, and 18, and such uncodified ordinances as the director deems appropriate; and
2. The conditions of any permit, notice of violation, notice of infraction, or stop work order issued pursuant to any ordinance, resolution, regulation, or public rule.
Each day or portion thereof a property or person is not in compliance with the provisions identified in this definition shall constitute a separate violation.
C. “The court” means the Mount Vernon municipal court, a department of the Skagit County district court.
D. “Department” shall include, but not be limited to, the community and economic development department, the police and fire department, the finance department, and the public works department.
E. “Development” means the erection, alteration, enlargement, demolition, maintenance, or use of any structure of the alteration or use of land above, at, or below ground or water level, and all acts authorized by a city regulation.
F. “Director” shall include, but not be limited to, the city: building official, police chief, fire chief, public works director, finance director, and community and economic development director or other city official charged with the enforcement of a particular portion of the Mount Vernon Municipal Code. The director of a department may designate an individual or individuals to act in his or her stead.
G. “Emergency” means a situation that in the opinion of the director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.
H. “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.
I. “Permit” means any form of certificate, approval, registration, license, or any other written permission issued by the city. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map that are intended to serve and 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.
J. “Person” means any individual, association, partnership, corporation, or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation, or legal entity.
K. “Person(s) responsible” means the person who caused the code violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use, and/or occupy property where the civil code violation occurs.
L. “Public rule” means any rule properly promulgated to implement code provisions.
M. “Remediate” means to restore a site to a condition that complies with the city’s regulatory requirements including critical areas. Remediation shall include but not be limited to the replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat functions and values will be replaced to the greatest extent possible. Studies by qualified experts shall be conducted to determine the conditions which were likely to exist on the lot prior to the illegal alteration. Remediate shall also include installation and maintenance of interim and emergency erosion control measures until such time as the restored site complies with city requirements.
N. “Repeat violation” means a violation of the same regulation in any location by the same person, for which voluntary compliance has previously been sought or a notice of code enforcement has been issued, within the immediately preceding 12-consecutive-month period.
O. “Resolution” for purposes of this title means any resolution adopted by the Mount Vernon city council. (Ord. 3602 § 3, 2013; Ord. 3440 § 1, 2008).
19.05.040 Grammatical construction.
Unless the context clearly indicates otherwise, words in any tense shall include the present, past and future tense. (Ord. 3440 § 1, 2008).
19.05.050 Relationship to growth management plan.
This title is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act). (Ord. 3440 § 1, 2008).
19.05.060 Additional enforcement procedures.
The provisions of this title are not exclusive and may be used in addition to other enforcement provisions authorized by the Mount Vernon Municipal Code or state law, except as precluded by law. (Ord. 3440 § 1, 2008).
19.05.070 Conflicts.
In the event of a conflict between this title and any other provision of the Mount Vernon Municipal Code or other city ordinance providing for a civil penalty, this title shall control. (Ord. 3440 § 1, 2008).
19.05.080 Severability and pre-emption.
A. If any section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this title is for any reason held invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of this title shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection sentence, clause, phrase, provision, condition, covenant and portion of this title shall be valid and enforceable to the fullest extent permitted by law.
B. In the event that federal or state laws, rules or regulations pre-empt a provision or limit the enforceability of a provision of this title, then the provision shall be read to be pre-empted to the extent and for the time required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been pre-empted is no longer pre-empted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the city, and any amendments to this title as a result of such provision being pre-empted shall no longer be of any force or effect. (Ord. 3440 § 1, 2008).