Chapter 15.06
ENFORCEMENT

Sections:

15.06.010    Purpose.

15.06.015    Definitions.

15.06.020    Violations.

15.06.030    Code enforcement officer.

15.06.040    Voluntary correction.

15.06.050    Notice of violation.

15.06.060    Time to comply.

15.06.070    Civil citation penalties.

15.06.080    Stop work order.

15.06.090    Stop use order.

15.06.095    Removal of stop work or stop use order – Misdemeanor.

15.06.100    Review by the hearing examiner.

15.06.110    Subsequent repeat violation – Failure to abate – Misdemeanor.

15.06.120    Summary abatement.

15.06.130    Recovery of costs for abatement.

15.06.140    Interfering with abatement.

15.06.150    Additional enforcement procedures.

15.06.160    Conflicts.

15.06.170    Meaning of terms.

15.06.180    Severability – Construction.

15.06.010 Purpose.

A. The purpose of this chapter is to establish consistent enforcement methods and procedures to ensure compliance with the city’s building, construction, land use, street use, construction in the right-of-way, environmental protection, and permitting regulations.

B. This chapter shall be enforced for the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

C. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings or responsible for actions regulated pursuant to this chapter. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.015 Definitions.

As used in this chapter, unless a different meaning is plainly required:

A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent as the code enforcement officer or the hearing examiner determines is necessary in the interest of the general health, safety and welfare of the community.

B. “Act” means doing or performing something.

C. “City” means city of Sumner.

D. “Civil violation” or “violation” means an act or omission contrary to a regulation as defined in subsection (J) of this section. A violation continues to exist until abated.

E. “Code enforcement officer” means the city’s code enforcement officers; building officials; building inspectors; construction inspectors; the fire chief, or his or her designee; fire inspectors; the public works director, or his or her designee; the police chief or his or her designee, or any other person or persons assigned or directed by the mayor, or his or her designee, to enforce the regulations subject to the enforcement and penalty provisions of this chapter.

F. “Hearing examiner” means the Sumner hearing examiner and the office thereof established pursuant to the Sumner Municipal Code.

G. “Omission” means a failure to act.

H. “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.

I. “Person responsible for the violation” means any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created or is responsible for the violation.

J. “Regulation” means and includes the following, as now enacted or hereafter amended:

1. All Sumner Municipal Code provisions making reference to this chapter;

2. All standards, regulations and procedures adopted by the city that make reference to this chapter; and

3. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to code provisions that make reference to this chapter.

K. “Repeat violation” means two or more violations of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or for which a notice of civil violation has been issued within two years. (Ord. 2261 § 1 (part), 2008)

15.06.020 Violations.

The provisions of this chapter shall apply to the enforcement of the following city regulations, as the same now exist or may hereafter be amended:

A. Business Licenses Generally, chapter 5.04 SMC;

B. Nuisances, chapter 8.16 SMC;

C. Building Numbers, chapter 12.16 SMC;

D. Sidewalk Construction, chapter 12.20 SMC;

E. Sidewalk Specifications, chapter 12.24 SMC;

F. Obstructing Streets and Sidewalks, chapter 12.28 SMC;

G. Street and Public Trees, chapter 12.42 SMC;

H. Special Events, chapter 12.52 SMC;

I. Utility Work Permits, chapter 13.04 SMC;

J. Sewers, chapter 13.16 SMC;

K. Water Utility Service, chapter 13.24 SMC;

L. Building Code, chapter 15.08 SMC;

M. Ventilation and Air Quality, chapter 15.10 SMC;

N. Dangerous Buildings, chapter 15.12 SMC;

O. Electrical Code, chapter 15.16 SMC;

P. Energy Code, chapter 15.20 SMC;

Q. Fire Code, chapter 15.24 SMC;

R. Fire Flow and Hydrants, chapter 15.28 SMC;

S. Construction Hours, chapter 15.34 SMC;

T. Housing Code, chapter 15.40 SMC;

U. Mechanical Code, chapter 15.44 SMC;

V. Plumbing Code, chapter 15.48 SMC;

W. Flood Damage Prevention, chapter 15.52 SMC;

X. Manufactured Homes, chapter 15.60 SMC;

Y. SEPA Procedures and Policies, chapter 16.04 SMC;

Z. Control of Erosion and Sedimentation of Waterways, chapter 16.05 SMC;

AA. Shoreline Management; Enforcement, chapter 16.36 SMC;

BB. Resource, Wildlife and Hazard Area Regulation Framework, chapter 16.40 SMC;

CC. Subdivisions; General Provisions, chapter 17.04 SMC;

DD. Zoning; Enforcement, chapter 18.59 SMC;

EE. In addition to the violations previously denoted, it is a violation of the Sumner Municipal Code to remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;

FF. It shall be a violation of the Sumner Municipal Code for any person to expressly or implicitly give the impression of being the code enforcement officer or an inspector for the city of Sumner without holding such valid and legal credentials as may be appropriate for such duties. (Ord. 2261 § 1 (part), 2008: Ord. 2156 § 1, 2005: Ord. 1846 § 18, 1998: Ord. 1781 § 1 (part), 1996)

15.06.030 Code enforcement officer.

A. It shall be the duty of the code enforcement officer to administer enforcement of this chapter. The code enforcement officer may call upon the police, fire, community development, public works or other city departments to assist in enforcement.

B. For purposes of this chapter, the code enforcement officer shall be the building official, who may delegate the enforcement of particular regulations to specific departments or individuals.

C. Upon presentation of proper identification, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to investigate existing or potential violations pursuant to this chapter.

D. No provision or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.040 Voluntary correction.

A. Applicability. This section applies whenever the code enforcement officer or city attorney determines that a violation of a regulation has occurred or is occurring.

B. General. Where, in the judgment of the code enforcement officer, or city attorney, it might be beneficial in resolving a code violation, he/she will make a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation and requesting correction.

C. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the city administrator or designee.

1. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

a. The name and address of the person responsible for the violation; and

b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

c. A description of the violation and a reference to the provision(s) of the city ordinance or regulation which has been violated; and

d. The necessary corrective action to be taken, and a date or time by which correction must be completed; and

e. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and

f. An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to an appeal of the violation and/or the required corrective action, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner.

2. Right to a Hearing Waived. The person responsible for the violation waives the right to an appeal of the violation and the required corrective action upon entering into a voluntary correction agreement, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner.

3. Extension – Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the code enforcement officer or city attorney, if the person responsible for the violation has shown due diligence or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.

4. Abatement by the City. The city may abate the violation in accordance with this chapter if the terms of the voluntary correction agreement are not met.

5. Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.050 Notice of violation.

A. If after investigation the code enforcement officer determines that a violation pursuant to this chapter has occurred, the code enforcement officer shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

1. The name of the party responsible;

2. The address or location of the violation;

3. A separate statement of each standard, code provision or requirement violated;

4. What corrective action is necessary to comply with the standards, code provisions or requirements;

5. A reasonable time for compliance pursuant to SMC 15.06.060;

6. A statement that civil citation penalties will occur if compliance does not occur within the established timeframe for compliance;

7. A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in SMC 15.06.110; and

8. The date, time and location by which an affected party may file an appeal before the code compliance hearing examiner pursuant to SMC 15.06.100.

B. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail or certified mail, with return receipt requested, addressed to the last-known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and

2. Mailing a copy of the notice to each person named on the notice of violation by first-class mail to the last-known address, if known, or if unknown, to the address of the property involved in the proceedings.

C. If the person to whom it is directed cannot, after due diligence, be personally served within Pierce County and if an address for mailed service cannot, after due diligence, be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure.

D. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to SMC 15.06.080, 15.06.090, 15.06.110 or 15.06.120.

E. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

F. A notice or order may be amended at any time in order to:

1. Correct clerical errors; or

2. Cite additional authority for a stated violation. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.060 Time to comply.

A. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

1. The type and degree of violation cited in the notice;

2. The stated intent, if any, of a responsible party to take steps to comply;

3. The procedural requirements for obtaining a permit to carry out the corrective action;

4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

5. Any other circumstances beyond the control of the responsible party.

B. Unless an appeal is filed with the city clerk for a hearing before the hearing examiner in accordance with SMC 15.06.100, the notice of violation shall become the final order of the code enforcement officer. A copy of the notice may be filed with the Pierce County auditor. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.070 Civil citation penalties.

A. Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be as follows:

1. First day of each violation: $100.00;

2. Second day of each violation: $200.00;

3. Third day of each violation: $300.00;

4. Fourth day of each violation: $400.00;

5. Each additional day of each violation beyond four days: $500.00 per day.

B. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.

C. Collection of Monetary Penalty.

1. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of service of the notice of violation. Service by mail shall be deemed complete upon the third day following the day upon which notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.

2. The city attorney is authorized to take appropriate action to collect the monetary penalty.

3. Use of Collection Agency. The city, at its discretion, may, pursuant to chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The city shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the city attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.080 Stop work order.

In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work order whenever a continuing violation of a regulation will materially impair the code enforcement officer’s ability to secure compliance, or when a continuing violation of the regulation threatens the health, safety, or welfare of any member of the public. The stop work order shall contain substantially the same information as required by SMC 15.06.050(A) and may be appended to, or incorporated by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice as required by SMC 15.06.050(C), and shall be effective upon service. The violation of a stop work order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.090 Stop use order.

In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop use order whenever a continuing violation of a regulation threatens the health, safety, or welfare of any member of the public. The stop use order shall contain substantially the same information as required by SMC 15.06.050(A), and may be appended to, or incorporated by reference in, a notice of violation. Notice of the stop use order shall be deemed served upon posting of the notice as required by SMC 15.06.050(C), and shall be effective upon service. The violation of a stop use order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.095 Removal of stop work or stop use order – Misdemeanor.

The removal of a stop work order or stop use order posted in conformity with the requirements of this chapter without the authorization of the code enforcement officer or hearing examiner shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2261 § 1 (part), 2008)

15.06.100 Review by the hearing examiner.

A. Any person significantly affected by or interested in a notice of violation issued by the code enforcement officer pursuant to SMC 15.06.050 may obtain an appeal of the notice by filing such appeal within the tenth calendar day following service of the notice. When the last day of the period so computed is a Saturday, Sunday or a federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the code enforcement officer shall forward the request to the office of the hearing examiner, pursuant to chapter 2.58 SMC. The filing of such an appeal shall not alter the time for compliance unless modified by the hearing examiner following a hearing. A stop work order issued pursuant to SMC 15.06.080 and a stop use order pursuant to SMC 15.06.090 may not be appealed to the hearing examiner. If an appeal was not filed within 10 calendar days after the notice of civil violation was issued, the violation shall be deemed committed and the monetary penalties shall be immediately due and subject to the collection procedures as detailed in SMC 15.06.070(C).

B. The hearing examiner shall schedule a hearing within 30 days of the receipt of the appeal. The hearing examiner shall provide at least 10 days’ notice to the applicant and code enforcement officer of the pending hearing. No public notice of the hearing is required.

C. Procedure. The hearing examiner shall conduct a hearing on the civil violation pursuant to any procedural rules or orders duly issued by the examiner. The applicable code enforcement officer, department director, and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The determination of the applicable code enforcement officer and/or department director as to the need for the required corrective action shall be accorded substantial weight by the code compliance hearing examiner in determining the reasonableness of the required corrective action; however, where a person has previously been found to have committed the same violation, issuance of a notice of violation alleging the same offense shall constitute prima facie evidence of the new violation and create a rebuttable presumption of having committed the new violation. In addition, other chapters of the code may allow a rebuttable presumption in favor of the city in specific circumstances.

D. Decision of the Hearing Examiner.

1. The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.

2. The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:

a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

b. The required corrective action;

c. The date and time by which the correction must be completed;

d. The monetary penalties assessed based on the provisions of this chapter;

e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

3. Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be in accordance with the monetary penalty schedule in SMC 15.06.070.

a. The hearing examiner shall have the following options in assessing monetary penalties:

i. Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or

ii. Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the code compliance hearing examiner and thereafter; or

iii. Assess no monetary penalties; provided, however, if the hearing examiner finds that a violation has occurred, the mandatory minimum penalty shall be $500.00.

b. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:

i. Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation;

ii. Whether the person failed to appear at the hearing;

iii. Whether the violation was a repeat violation;

iv. Whether the person showed due diligence or substantial progress in correcting the violation;

v. Whether a genuine code interpretation issue exists; and

vi. Any other relevant factors.

c. The hearing examiner may double the monetary penalty schedule if the violation was a repeat violation.

d. Where action to abate the violation is required, the court shall give substantial weight to the city’s determination regarding the nature of any such action required, and whether such action has been satisfactorily performed.

4. Notice of Decision. The hearing examiner shall mail a copy of the decision to the appellant and to the applicable department director within 15 working days of the hearing.

5. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the hearing examiner may enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The city will carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

6. Monetary Penalty. The monetary penalty for a violation does not accrue pending the appeal; however, the code compliance hearing examiner may impose a daily monetary penalty from the date of service of the notice of civil violation if the code compliance hearing examiner finds that the appeal is frivolous or intended solely to delay compliance.

7. Use of Collection Agency. The city, at its discretion, may, pursuant to chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The city shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the city attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid.

8. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person responsible for the violation of the duty to correct the violation.

9. Appeal to Superior Court – Land Use Decision. Judicial review of a land use decision, as defined in RCW 36.70C.020, made by the hearing examiner must be made pursuant to the provisions of the Land Use Petition Act, chapter 36.70C RCW. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.110 Subsequent repeat violation – Failure to abate – Misdemeanor.

The commission of a subsequent violation or the failure or refusal to abate a violation pursuant to an order of the hearing examiner after receipt of written notice of such order shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days or by a fine in an amount fixed by the court of not more than $1,000 or by both such imprisonment and fine. The city attorney, or his or her designee, shall, at his or her discretion, have authority to file a subsequent violation as either a civil violation pursuant to this chapter or a misdemeanor. All misdemeanor charges filed under this section shall be filed with the Sumner municipal court and shall bear the signature of the Sumner city attorney or his or her designee. When the city files a criminal offense pursuant to this section, it shall have the burden of proving, beyond a reasonable doubt, that the violation occurred. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.120 Summary abatement.

Whenever a violation of a regulation causes a condition that poses an immediate or imminent threat to the safety of persons, property, or significant environmental damage, the city shall, upon the advice of the city attorney, take emergency action to abate the condition without requiring prior notice to public or private persons whose property may be affected by the city’s actions. Such emergency action may involve entry onto private property. However, notice of abatement action, including the reason for it, shall be given to the person responsible for the violation, as well as any other party requesting such information, as soon as reasonably possible after the condition creating the emergency has been abated. (Ord. 2261 § 1 (part), 2008: Ord. 1781 § 1 (part), 1996)

15.06.130 Recovery of costs for abatement.

A. All costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use, and/or occupy the property; owners and tenants shall be jointly and severally liable, except where prohibited by law.

B. Costs of abatement shall become due and payable to the city within 30 calendar days from the date abatement begins. The city attorney may, at their discretion, allow a payment schedule or negotiate a reduced settlement when such a settlement is in the best interests of justice or the city’s budgetary needs.

C. The city may request, and the court may require, that the costs of abatement be ordered as restitution in any legal proceeding resulting from a notice of violation being issued against a person.

D. Recoverable “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. (Ord. 2261 § 1 (part), 2008)

15.06.140 Interfering with abatement.

No person shall obstruct, impede, or interfere with the city or its agents who are lawfully engaged in abating a violation. Agents of the city shall include any person who holds an interest in the property at issue, when that person is lawfully engaged in abating a violation. Intentional violations of this section shall constitute a misdemeanor; violations occurring without intent shall constitute a civil violation. (Ord. 2261 § 1 (part), 2008)

15.06.150 Additional enforcement procedures.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Sumner Municipal Code except as precluded by law. (Ord. 2261 § 1 (part), 2008)

15.06.160 Conflicts.

In the event of a conflict between this chapter and any other provision of the Sumner Municipal Code or city ordinance providing for a civil penalty, this chapter shall control. (Ord. 2261 § 1 (part), 2008)

15.06.170 Meaning of terms.

For the purposes of this code, whenever “civil violation” and “civil penalty” are used in any code, ordinance or regulation of the city, these terms shall be deemed to have the same meaning as the terms “civil violation” and “monetary penalty,” respectively, as used herein. (Ord. 2261 § 1 (part), 2008)

15.06.180 Severability – Construction.

A. If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

B. If the provisions of this chapter are found to be inconsistent with other provisions of the Sumner Municipal Code, this chapter is deemed to control. (Ord. 2261 § 1 (part), 2008)