Chapter 18.320


18.320.010    Authorization.

18.320.020    Investigation and right of entry.

18.320.030    Violation.

18.320.040    Stop work orders.

18.320.050    Penalties.

18.320.060    Employees not personally liable.

18.320.070    Imminent and substantial dangers.

18.320.080    Nuisance.

18.320.090    Revocation of permit.

18.320.100    Construction.

18.320.010 Authorization.

The planning director is authorized with the enforcement of the provisions of this code, and to designate city employees as authorized representatives of the department to investigate suspected violations of this title, and to issue notices of infraction. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, XI(A)), 2003. Formerly 18.96.010)

18.320.020 Investigation and right of entry.

When it is necessary to make an inspection to enforce the provisions of this code, or when the planning director has reasonable cause to believe that a condition exists on property which is contrary to, or in violation of, this code, the planning director or his/her designee may enter the property to inspect, pursuant to the provisions of Section 1.16.050. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.320.030 Violation.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or use any land in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this code, or contrary to or in violation of the terms and conditions of any permit or approval issued by the city pursuant to this code, or contrary to or in violation of any concomitant agreement or development agreement with the city. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.320.040 Stop work orders.

Whenever any work or activity is being done contrary to the provisions of this code or conditions of an approved permit, the planning director or designee may order the work stopped by notice in writing, served on any persons engaged in doing or causing such work to be done, or by posting the property, and any such persons shall forthwith stop such work or activity until authorized by the director to proceed. A failure to comply with a stop work order shall constitute a gross misdemeanor. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.320.050 Penalties.

The violation of any provision of this code or permit condition, where such violation constitutes a first offense, shall constitute a civil infraction. The director may issue a notice of infraction in accordance with Chapter 1.16. Any person who violates or fails to comply with any of the provisions of this chapter or permit conditions, where such person has been adjudged by the Poulsbo municipal court to have committed a previous violation of such provision, shall be guilty of a misdemeanor. Each violation shall constitute a separate offense for each and every day or portion thereof during which the violation is committed, continued or permitted. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, XI(B)), 2003. Formerly 18.96.020)

18.320.060 Employees not personally liable.

Any employee charged with the administration and/or enforcement of this code, acting in good faith and without malice for the city in the discharge of duties, shall not thereby render him/herself liable personally and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of duties. Any suit brought against the employee, because of such act or omission performed in the enforcement of any provisions of this code, shall be fully defended by the city attorney’s office until final termination of the proceedings. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.320.070 Imminent and substantial dangers.

Notwithstanding any provisions of these regulations, the planning director may take immediate action to prevent an imminent and substantial danger to the public health, welfare, safety or the environment by the violation of any provision of this chapter. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)

18.320.080 Nuisance.

In addition to the penalties set forth in Chapter 1.16, all remedies given by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. All violations of this code, permit conditions, or rules and regulations adopted thereunder are determined to be detrimental to the public health, safety and welfare and are public nuisances. The city may cause all conditions which are public nuisances to be abated pursuant to the procedures of Chapter 7.48 RCW. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, XI(D)), 2003. Formerly 18.96.040)

18.320.090 Revocation of permit.

A.    Permits are revoked and voided if not used within the time limit identified for each respective permit. Said permit shall not be deemed used until the applicant has actually obtained a building permit and commenced construction thereunder, or has actually commenced the permitted use on the premises. Extension of permit time limit is as set forth in each of the respective permit sections in this code.

B.    Any approval, permit, certificate, or license issued based on a knowing and material misrepresentation by an application may be suspended or revoked by the planning director. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, XI(C), (E)), 2003. Formerly 18.96.030, 18.96.050)

18.320.100 Construction.

This chapter shall be liberally interpreted and construed to secure the public health, safety, morals and welfare and the rule of strict construction shall have no application. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2003-10 § 1 (Exh. A, XI(G)), 2003. Formerly 18.96.070)