Chapter 18.270
VIOLATIONS AND ENFORCEMENT

Sections:

18.270.010    Purpose.

18.270.020    Authority and application.

18.270.030    Violations defined.

18.270.040    Permit suspension, revocation or modification.

18.270.050    Initiation of revocation or modification proceedings.

18.270.060    Continuing violations.

18.270.070    Repealed.

18.270.080    Repealed.

18.270.010 Purpose.

The purpose of this chapter is to promote compliance with this title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in RMC Title 8, Code Enforcement, when violations of this title occur. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.010)), 2010.]

18.270.020 Authority and application.

The planning official or his/her designee(s) is authorized to enforce the provisions of this code, any implementing administrative rules adopted under RMC, and approval conditions attached to any land use approval, through revocation or modification of permits, or through the enforcement, penalty and abatement provisions of RMC Title 8, Code Enforcement. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.020)), 2010.]

18.270.030 Violations defined.

No building permit or land use approval in conflict with the provisions of this title shall be issued. Structures or uses that do not conform to this title, except legal nonconformances specified in Chapter 18.210 RMC and approved variances, are violations subject to the enforcement, penalty, and abatement provisions of RMC Title 8, including but not limited to:

A. Establishing a use not permitted in the zone in which it is located;

B. Constructing, expanding, or placing a structure in violation of setback, height, and other dimensional standards in this title;

C. Establishing a permitted use without complying with applicable development standards set forth in other titles, ordinances, rules, or other laws, including but not limited to street construction, surface water management, and the fire code;

D. Failing to carry out or observe conditions of land use or permit approval, including contract development standards;

E. Failing to secure required land use or permit approval prior to establishing a permitted use; and

F. Failing to maintain site improvements, such as landscaping, parking, or drainage control facilities, as required by this code. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.030)), 2010.]

18.270.040 Permit suspension, revocation or modification.

A. Permit suspension, revocation, or modification shall be carried out through the procedures set forth in RMC Title 8. Any permit, variance, or other land use approval issued by the city pursuant to this title may be suspended, revoked, or modified on one or more of the following grounds:

1. The approval was obtained by fraud;

2. The approval was based on inadequate or inaccurate information;

3. The approval, when given, conflicted with existing laws or regulations applicable thereto;

4. An error of procedure occurred that prevented consideration of the interests of persons directly affected by the approval;

5. The approval or permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, law, or regulation;

6. The use for which the approval was granted is being exercised in a manner detrimental to the public health or safety;

7. The holder of the permit or approval interferes with the director or any authorized representative in the performance of his or her duties; or

8. The holder of the permit or approval fails to comply with any notice and order issued pursuant to RMC Title 8.

B. Authority to revoke or modify a permit or land use approval shall be exercised by the issuer, as follows:

1. The city council may, after a recommendation from the hearing examiner, revoke or modify any residential density incentive approval, transfer of development credit, preliminary subdivision, zone reclassification, or special use permit;

2. The commission or hearing examiner may revoke or modify any variance or conditional use permit; provided, that if it was reviewed through a public hearing, a new public hearing shall be held on its revocation or modification; and

3. The director may revoke or modify any permit or other land use approval issued by the planning official. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.040)), 2010.]

18.270.050 Initiation of revocation or modification proceedings.

A. The planning official or his/her designee(s) may suspend any permit, variance, or land use approval issued by the department pending its revocation or modification, or pending a public hearing on its revocation or modification;

B. The department may initiate proceedings to revoke or modify any permit or land use approval it has issued; and

C. Persons who are aggrieved may petition the department to initiate revocation or modification proceedings, and may petition the planning official or his/her designee(s) to suspend a permit, variance or land use approval pending a public hearing on its revocation or modification. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.050)), 2010.]

18.270.060 Continuing violations.

An imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Any person, firm or corporation shall be required to correct such violation or defects.

A. In addition to the civil proceedings authorized to enforce this title and in addition to any fine or penalty provided, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction, abatement or other relief. For those actions, violation of this title is declared to be a public nuisance.

B. Any person, firm or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement and for reasonable attorney fees. These expenses are accumulative and in addition to any penalties or other remedies available. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.060)), 2010.]

18.270.070 Stop work orders.

Repealed by Ord. 1063. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.070)), 2010.]

18.270.080 Notice of violation.

Repealed by Ord. 1063. [Ord. 1060 §§ 5, 6, 2010; Ord. 1059 § 2 (Exh. A (12.270.080)), 2010.]