Chapter 23.150


23.150.010    Definitions.

23.150.010 Definitions.

Except where specifically defined in this section, all words used in this title shall carry their customary meanings. The word “shall” is always mandatory, and the word “may” denotes a use of discretion in making a decision. The following words and phrases used in this title shall have the following meanings:

“Abate” means to take whatever steps are deemed necessary in the interest of the general health, safety, and welfare of the City by the director to return a property to the condition in which it existed before a civil code violation occurred or to assure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.

“Appeal hearing” means a hearing requested in response to a notice and order, stop work order, infraction or other official written notice of violation issued by the director to contest the finding that a violation occurred or to contest that the person cited for a violation is responsible for the violation.

“Civil code violation” or “code violation” means and includes one or more of the following:

(1) Any act or omission contrary to any ordinance, resolution, regulation or public rule of the City that regulates or protects public health, the environment or the use and development of land or water, whether or not the ordinance, resolution or regulation is codified; and

(2) Any act or omission contrary to the conditions of any permit, notice and order or stop work or other order issued pursuant to any such ordinance, resolution, regulation or public rule.

“Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of land above, at, or below ground or water level, and all acts authorized by a City permit or regulation.

“Director” means the director of the community development department, or his or her designee.

“Found in violation” means that:

(1) A notice and order, stop work order or infraction has been issued and not timely appealed; or

(2) The hearing examiner has determined that the violation has occurred and the hearing examiner’s determination has not been stayed or reversed on appeal.

“Hearing examiner” means the City of Sammamish hearing examiner, as provided in SMC 21.09.020 and Chapter 23.110 SMC.

“Infraction” or “civil infraction” means any code violation designated as an infraction or civil infraction by the director pursuant to Chapter 7.80 RCW, incorporated herein by reference.

“Nuisance” (also referred to herein as “violation” or “nuisance violation”) means:

(1) A violation of any City of Sammamish development, land use, or public health ordinance;

(2) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission that annoys, injures, or endangers the comfort, repose, health, or safety of others, is unreasonably offensive to the senses, or that obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant;

(3) Potential vermin habitat or fire hazard; or

(4) Junk Vehicles. A “junk vehicle” includes apparent inoperable, immobile, disassembled, or extensively damaged vehicles. In addition, any wrecked inoperable, abandoned, or disassembled trailer, house trailer, boat, tractor, automobile, other vehicle, or any parts thereof.

“Permit” means any form of certificate, approval, registration, license or any other written permission issued by the City of Sammamish. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat which are intended to serve or 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.

“Person responsible” means the owner, occupier, tenant, manager, agent or other person who caused or is causing the civil code violation under this title or other public law.

“Public nuisance” means a nuisance that affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.

“Resolution” means any resolution adopted by the Sammamish City council.

“Stop work order” means a written order specifying code violations and prohibiting any work or other activity at a particular site.

“Voluntary compliance agreement” or “VCA” means a written contract between the person responsible for the violation and the City, under which such person agrees to abate the violation within a specified time and according to specified conditions. (Ord. O2011-302 §2 (Att. A))