Chapter 8.32
ADMINISTRATIVE ENFORCEMENT PROGRAM

Sections:

Article I. Administrative Enforcement Program

8.32.010    Purpose.

8.32.020    Scope.

8.32.030    Existing law continued.

8.32.040    Criminal prosecution right.

8.32.050    Severability.

8.32.060    Civil liability.

8.32.070    General rules of interpretation.

8.32.080    Definitions applicable to this chapter generally.

8.32.090    Acts include causing, aiding and abetting.

8.32.100    Notification and service of notice requirements.

8.32.110    General enforcement authority.

8.32.120    Authority to inspect.

8.32.130    Failure to obey a subpoena.

Article II. Administrative Enforcement Hearing Procedures

8.32.140    Administrative enforcement hearings.

8.32.150    Request for administrative enforcement hearing.

8.32.160    Notification of administrative enforcement hearing.

8.32.170    Hearing Examiner.

8.32.180    Powers of Hearing Examiner.

8.32.190    Procedures at administrative enforcement hearing.

8.32.200    Failure to attend administrative enforcement hearing.

8.32.210    Administrative enforcement order.

8.32.220    Failure to comply.

8.32.230    Appeal.

Article III. Administrative Abatement

8.32.240    Administrative abatement.

8.32.250    Notice of violation.

8.32.260    Requesting hearings.

8.32.270    Failure to correct.

8.32.280    Inspections.

8.32.290    Authority to abate.

8.32.300    Procedures for abatement.

8.32.310    Procedure for recordation.

8.32.320    Notice of compliance.

8.32.330    Prohibition against issuance of municipal permits.

8.32.340    Civil fees.

Article IV. Emergency Abatement

8.32.350    Emergency abatement.

8.32.360    Procedure.

Article V. Administrative Citations

8.32.370    Purpose.

8.32.380    Administrative citations.

8.32.390    Contents of citation.

8.32.400    Civil fees assessed.

Article VI. Costs and Fees

8.32.410    Purpose.

8.32.420    Assessment of costs.

8.32.430    Failure to timely pay costs.

8.32.440    Administrative cost funds.

8.32.450    Allocation of civil fees.

Article I. Administrative Enforcement Program

8.32.010 Purpose.

The City Council of the City of Sunnyside finds that enforcement of the Sunnyside Municipal Code and applicable State codes is an important public activity. Code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The City Council recognizes that code enforcement is effective only when done quickly and fairly. The City Council further finds that an enforcement system that allows a combination of judicial and administrative remedies is effective in correcting violations. [Ord. 2118 § 2, 2005.]

8.32.020 Scope.

The provisions of this chapter may be applied to all violations of the Sunnyside Municipal Code or applicable State codes which occur within the City of Sunnyside and such territory outside the City of Sunnyside over which the City has jurisdiction or control by virtue of any constitutional provision or law. This chapter establishes an additional remedy that may be used by the City to achieve compliance with applicable codes. Applicable provisions of the City code and State codes include, but are not limited to, the following:

A. Occupancy violation and uniform building/housing codes, SMC Titles 17 and 15;

B. Illegal accessory dwelling, SMC Titles 15 and 17;

C. Junk vehicles, Chapter 8.28 SMC;

D. Graffiti, Chapter 9.29 SMC;

E. Weeds, Chapter 8.20 SMC;

F. Trash, junk, littering, nuisances, SMC Titles 8 and 9;

G. Landscaping, SMC Title 17;

H. Signs, Chapter 15.36 SMC;

I. Fences and obstructions at intersections, Chapters 15.62 and 12.28 SMC;

J. No building permit, no business license, SMC Titles 15 and 5;

K. Home occupation, SMC Title 17;

L. Nonpermitted uses, SMC Title 17;

M. Failure to comply with Board of Adjustment, Planning Commission or Hearing Examiner order;

N. Animals, SMC Title 6;

O. Vehicles, street use, SMC Title 10. [Ord. 2118 § 2, 2005.]

8.32.030 Existing law continued.

The provisions of this chapter shall not invalidate any other title, chapter or ordinance of the Sunnyside Municipal Code, but shall be read in conjunction with those titles, chapters and ordinances, and shall be used as an additional remedy for enforcement of violations thereof. [Ord. 2118 § 2, 2005.]

8.32.040 Criminal prosecution right.

The City shall have sole discretion in deciding whether to file a civil or criminal judicial case or pursue an administrative enforcement action for the violation of any of its ordinances or applicable code requirements. The enactment of this chapter shall not be construed to limit the City’s right to prosecute any violation as a criminal offense. If the City chooses to file both an administrative action and criminal charges for the same violation on the same day, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available. [Ord. 2118 § 2, 2005.]

8.32.050 Severability.

If any section, subsection, sentence, clause, phrase, portion, or provision of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, portions, or provision thereof, regardless of the fact that any one or more of sections, subsections, sentences, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter. [Ord. 2118 § 2, 2005.]

8.32.060 Civil liability.

By establishing performance standards or by establishing obligations to act, it is the intent of the City Council that City employees and officers are exercising discretionary authority in pursuit of an essential government function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability. [Ord. 2118 § 2, 2005.]

8.32.070 General rules of interpretation.

For purposes of this chapter:

A. Any gender includes the other gender.

B. “Shall” is mandatory; “may” is permissive.

C. The singular number includes the plural, and the plural the singular.

D. Words used in the present tense include the past and future tense and vice versa.

E. Words and phrases used in this chapter and not specifically defined shall be construed according to the context and ordinary usage of the language.

F. Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this chapter as a whole. [Ord. 2118 § 1, 2005.]

8.32.080 Definitions applicable to this chapter generally.

In the construction of this chapter, the following words and phrases shall be defined as set forth in this section unless a different meaning is specifically defined elsewhere in this chapter and specifically stated to apply:

A. “Administrative citation” means a citation issued to a responsible person which gives notice of a violation and the civil fee for such violation.

B. “Administrative enforcement order” means an order issued by the hearing officer. The order may include an order to abate the violation, pay civil fees and administrative costs, or take any other action as authorized or required by this chapter and applicable City and State codes.

C. “Administrative enforcement hearing” means a hearing held pursuant to the procedures established by this chapter and at the request of a responsible person.

D. “City” means the City of Sunnyside, including the City Manager and all other employees of the City.

E. “Director” means the Planning and Community Development Director or his designee.

F. “Enforcement official” means any person authorized by the City to enforce violations of the Sunnyside Municipal Code or applicable State codes, including but not limited to Property Maintenance Facilitator, police officers, building inspection officials, Fire Marshal, and animal control officers.

G. “Hearing Examiner” means the City Manager or any person appointed by the City Manager to preside over administrative enforcement hearings.

H. “Imminent life safety hazard” means any condition that creates a serious and immediate danger to life, property, health, or public safety.

I. “Notice of compliance” means a document or form approved by the Director that indicates that a property complies with the requirements outlined in a notice of violation.

J. “Notice of emergency abatement” means a written notice that informs a responsible person of emergency abatement actions taken by the City and the costs of those actions and orders payment of those costs.

K. “Notice of itemized bill for costs” means a written notice to a responsible person, itemizing the City’s costs and ordering payment of those costs.

L. “Notice of violation” means a written notice that informs a responsible party of code violations and orders certain steps to correct the violations.

M. “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.

N. “Property owner” means the record owner of real property as shown on the records of the Yakima County Assessor.

O. “Responsible party” means the person(s) determined by the City who is responsible for causing or maintaining a violation of the Sunnyside Municipal Code or applicable State codes. The term “responsible party” shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of the Sunnyside Municipal Code or applicable State codes.

P. “Written” includes handwritten, typewritten, photocopied, computer printed or facsimile. [Ord. 2118 § 2, 2005.]

8.32.090 Acts include causing, aiding and abetting.

Whenever any act or omission is made unlawful in this chapter, it shall include causing, permitting, aiding, or abetting such act or omission. [Ord. 2118 § 2, 2005.]

8.32.100 Notification and service of notice requirements.

A. Whenever a violation is observed or reported to an enforcement official, the enforcement official or his designee shall make every reasonable effort to personally contact the responsible person and advise such person of the violation and the steps necessary to remedy the violation. If such personal contact is not reasonably feasible, the enforcement official may proceed to issue notice of the violation as set forth below.

B. Whenever a notice is required to be given under this chapter, the notice shall be served by one or any, in combination, of the following methods, unless different provisions are otherwise specifically stated to apply:

1. Personal service;

2. Regular mail, postage prepaid, to the last known address of a responsible person;

3. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the Director; or

4. Published in a newspaper of general circulation.

C. Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.

D. Service by regular mail in the manner set forth above shall be deemed served on the third day after the date of mailing.

E. Service by more than one means (i.e., combination of posting and service by mail) shall be deemed served on the earliest date of effective service (i.e., on date of posting).

The failure of a person, other than a responsible person, to be served notice in accordance with this section shall not affect the validity of any proceeding taken hereunder. [Ord. 2154 § 1, 2006; Ord. 2118 § 2, 2005.]

8.32.110 General enforcement authority.

Whenever an enforcement official finds that a violation of the City code or applicable State codes has occurred or continues to exist, he may undertake any of the procedures herein. The Director or any designated enforcement official shall have the authority to gain compliance with the provisions of such codes subject to the provisions of this chapter. Such authority shall include the power to issue notices of violation and citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this chapter, City codes and State law. The City Manager is authorized to adopt policies and procedures implementing the provisions of this chapter. [Ord. 2118 § 2, 2005.]

8.32.120 Authority to inspect.

Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of City codes or applicable State codes are being obeyed and to make any reasonable examination or survey necessary to determine compliance with such codes and law. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If a property owner refuses to allow an enforcement official to enter the property, the enforcement official shall obtain a search warrant before entering the property. [Ord. 2118 § 2, 2005.]

8.32.130 Failure to obey a subpoena.

It shall be unlawful for any person to willfully refuse or fail to obey a subpoena issued for an administrative enforcement hearing. A violation of this section shall be a misdemeanor. [Ord. 2118 § 2, 2005.]

Article II. Administrative Enforcement Hearing Procedures

8.32.140 Administrative enforcement hearings.

It is the purpose and intent of the City Council that any responsible person shall be afforded due process of law during the enforcement process. Due process of law shall require adequate notice, an opportunity to request and to participate in any hearing, and an adequate explanation of the reasons justifying any resulting action. The following procedures are intended to establish a forum to resolve and correct violations of the City codes and applicable State codes fairly, quickly and efficiently while providing due process. [Ord. 2118 § 2, 2005.]

8.32.150 Request for administrative enforcement hearing.

A. A responsible person served with one of the following documents or notices shall have the right to request an administrative enforcement hearing, if the request is filed within 10 calendar days from the date of service of one of the following notices:

1. Notice of violation;

2. Notice of itemized bill for costs;

3. Administrative citation; or

4. Notice of emergency abatement.

B. The request for an administrative enforcement hearing shall be made in writing.

C. As soon as practicable after receiving the written notice of the request for an administrative enforcement hearing, the City Manager or his designated Hearing Examiner shall schedule a date, time and place for the administrative enforcement hearing.

D. Failure to request an administrative enforcement hearing within 10 calendar days from the date of service of any of the notices in subsection (A) of this section shall constitute a waiver of the right to an administrative enforcement hearing and the right to an appeal.

E. Within 20 days of the issuance of a notice of violation, the City may request an administrative enforcement hearing for the purpose of compelling a responsible person to comply with correction required on a notice of violation.

F. If a responsible person fails to request a hearing after being issued a notice of violation as provided herein, the corrective action detailed on the notice of violation shall be considered the administrative enforcement order pursuant to SMC 8.32.210. [Ord. 2118 § 2, 2005.]

8.32.160 Notification of administrative enforcement hearing.

A. Written notice of the date, time and place of the administrative enforcement hearing shall be served to the responsible person as soon as practicable prior to its date.

B. The notice shall be served by any of the methods of service set forth in SMC 8.32.100. [Ord. 2118 § 2, 2005.]

8.32.170 Hearing Examiner.

The City Manager or his designee shall serve as Hearing Examiner. The Hearing Examiner shall have no personal or financial interest in the matter for which he is conducting a hearing. A City employee may serve as Hearing Examiner. The City Manager may appoint and designate any qualified person to serve as Hearing Examiner, either on a case-by-case basis, by retainer, contract or any other means deemed appropriate. [Ord. 2118 § 2, 2005.]

8.32.180 Powers of Hearing Examiner.

A. A Hearing Examiner shall have authority to hold and conduct an administrative enforcement hearing for violations and enforcement of City codes and applicable State codes.

B. A Hearing Examiner may continue a hearing for good cause shown by one of the parties or if the Hearing Examiner independently determines that due process has not been adequately afforded to such party.

C. At the request of any party to an administrative enforcement hearing, the Hearing Examiner may sign subpoenas to compel attendance of witnesses, production of documents, and other evidence where the attendance of witnesses or the admission of evidence is deemed helpful by the Hearing Examiner to decide issues at the hearing. All costs related to the subpoena, including witness and mileage fees, shall be borne by the party requesting the subpoena.

D. A Hearing Examiner may require a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the City.

E. A Hearing Examiner shall not make determinations as to the existence of nonconforming rights. If a responsible person claims a nonconforming right as a defense, the Hearing Examiner shall continue the administrative enforcement hearing and shall refer the matter to the Sunnyside Board of Adjustment, or its successor, for a determination as to the existence of a nonconforming right. The final decision following the Board of Adjustment’s determination shall be binding on the Hearing Examiner. The responsible person shall bear the costs of any referral to the Board of Adjustment, and any appeal by the responsible party of the Board of Adjustment’s decision. [Ord. 2118 § 2, 2005.]

8.32.190 Procedures at administrative enforcement hearing.

A. Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery shall not apply; however, an informal exchange of discovery may be required. Any such request shall be in writing, and the Hearing Examiner shall have authority to determine the scope of reasonable discovery. Failure to request discovery shall not be a basis for a continuance. Complainant information shall not be disclosed or released unless the complainant is a witness at the hearing. The procedure and format of the administrative enforcement hearing shall follow duly adopted policies and procedures.

B. The City shall bear the burden of proof, by a preponderance of the evidence, to establish a violation of the City codes or applicable State codes.

C. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means.

D. All administrative enforcement hearings shall be open to the public and shall be recorded by audiotape. In the discretion of the Hearing Examiner, administrative enforcement hearings may be held at the location of the violation or may include a visit to the location of the violation.

E. The responsible person shall have the right to be represented by an attorney. If an attorney will be representing a responsible person at a hearing, notice of the attorney’s name, address and telephone number shall be given to the City at least one day prior to the hearing. If such notice is not given, the hearing may be continued at the City’s request, and all costs of the continuance shall be assessed to the responsible person.

F. The Hearing Examiner may request that a language interpreter be present at any administrative enforcement hearing if such is deemed necessary or appropriate by the Hearing Examiner. Determination of qualification and approval of any interpreter is vested in the Hearing Examiner.

G. The burden to prove any raised defense shall be upon the party raising any such defense. The burden of proof shall be a preponderance of the evidence. [Ord. 2118 § 2, 2005.]

8.32.200 Failure to attend administrative enforcement hearing.

A responsible person who fails to appear at an administrative enforcement hearing shall be deemed to have waived the right to such hearing, the adjudication of issues related to the hearing, and the right to appeal; provided, that proper notice of the hearing has been given as provided in SMC 8.32.100. [Ord. 2118 § 2, 2005.]

8.32.210 Administrative enforcement order.

A. A responsible person and the City may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be entered as an administrative enforcement order. Entry of such agreement shall constitute a waiver of the right to an administrative enforcement hearing and the right to appeal.

B. After all evidence and testimony are presented, the Hearing Examiner shall issue a written administrative enforcement order that affirms or rejects the notice or citation.

C. A Hearing Examiner may issue an administrative enforcement order that requires a responsible person to cease from violating the City code or applicable State codes and to take any necessary corrective action.

D. A Hearing Examiner may order the City to enter the property and abate all violations, including the removal of animals in violation of an applicable code requirement, and may further authorize filing of a lien against the subject property in the amount of costs and fees incurred and assessed, together with interest at the legal rate.

E. A Hearing Examiner may revoke a kennel permit, an animal license, or the right to possess animals as provided in the City code.

F. As part of an administrative enforcement order, a Hearing Examiner may establish specific deadlines for the payment of fees and costs and condition the total or partial assessment of civil fees on the responsible person’s ability to take necessary corrective action by specified deadlines.

G. A Hearing Examiner may issue an administrative enforcement order imposing civil fees. Such fees shall continue to accrue until the responsible person complies with the Hearing Examiner’s decision and corrects the violation.

H. A Hearing Examiner may schedule subsequent review hearings as may be necessary or as requested by the City to ensure compliance with an administrative enforcement order.

I. A Hearing Examiner may order a responsible person to post a performance bond to ensure compliance with an administrative enforcement order, but only if agreed to by the enforcement official handling the matter for the City.

J. An administrative enforcement order shall become final on the date of signing by a Hearing Examiner.

K. An administrative enforcement order shall be served on all parties by any one of the methods listed in SMC 8.32.100. When required by this chapter, the Director shall record the administrative enforcement order with the Yakima County Auditor’s Office.

L. After a Hearing Examiner has issued an administrative enforcement order, the Director shall monitor the matter for compliance with the administrative enforcement order. [Ord. 2118 § 2, 2005.]

8.32.220 Failure to comply.

It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a final administrative enforcement order. A violation of this section shall be a misdemeanor. [Ord. 2118 § 2, 2005.]

8.32.230 Appeal.

A. Any responsible person adversely affected by a final administrative enforcement order made in the exercise of the provisions of this chapter may file a petition for review in the Sunnyside Municipal Court.

B. The petition shall be barred unless it is filed within 30 days after the administrative enforcement order is final.

C. In the petition, the plaintiff may only allege that the administrative enforcement order was arbitrary, capricious or illegal.

D. The Court shall:

1. Presume that the administrative enforcement order is valid;

2. Review the record to determine whether the order was arbitrary, capricious or illegal; and

3. Affirm the administrative enforcement order if it is supported by substantial evidence in the record.

E. The record of the proceedings including minutes, findings, orders and, if available, a true and correct transcript of the proceeding shall be transmitted to the reviewing court. If the proceeding was tape recorded, a transcript of such tape recording shall be deemed a true and correct transcript for purposes of this subsection.

F. If there is a record, court review shall be limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless that evidence was offered to the Hearing Examiner and the Court determines that it was improperly excluded by the Hearing Examiner. The Court may call witnesses and take evidence if there is no record.

G. The filing of a petition does not stay execution of an administrative enforcement order. Before filing a petition, a responsible person may request the Hearing Examiner to stay an administrative enforcement order. Upon receipt of a request to stay, the Hearing Examiner may order the administrative enforcement order to be stayed pending Court review if the Hearing Examiner finds such stay to be in the best interest of the City. [Ord. 2118 § 2, 2005.]

Article III. Administrative Abatement

8.32.240 Administrative abatement.

Any condition caused, maintained, or permitted to exist in violation of any provision of the City code or applicable State codes may be abated by the City pursuant to the procedures set forth in this chapter. [Ord. 2118 § 2, 2005.]

8.32.250 Notice of violation.

A. Whenever an enforcement official determines that a violation of the City code or applicable State codes has occurred or continues to exist, a notice of violation may be issued to the responsible person. The notice of violation shall include the following information:

1. Name of the responsible person.

2. Street address of violation.

3. Date violation observed.

4. All code sections violated and a description of the condition that violates the applicable code.

5. All remedial action required to permanently correct any violation, which may include corrections, repairs, demolition, removal or other appropriate action.

6. Specific date to correct the violation set forth in a notice of violation.

7. Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to: criminal prosecution; civil fees; revocation of permits; recordation of the notice of violation; withholding of municipal permits; abatement of the violation; costs; administrative fees; City lien for its costs and fees incurred if City abates or corrects the violation, or any portion thereof; and any other legal remedies.

8. Statement that civil fees will begin to accrue immediately on expiration of the date to correct violation.

9. The amount of the civil fee for each violation and a statement that the civil fee shall accrue daily until the violation is corrected.

10. Demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the City.

11. Procedures to request an administrative enforcement hearing and consequences for failure to request such hearing.

12. Statement that when the violation is brought into compliance the responsible person must request an inspection.

B. The notice of violation shall be served by one of the methods of service listed in SMC 8.32.100. [Ord. 2118 § 2, 2005.]

8.32.260 Requesting hearings.

A responsible person shall have the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of violation. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. [Ord. 2118 § 2, 2005.]

8.32.270 Failure to correct.

It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this section shall be a misdemeanor. [Ord. 2118 § 2, 2005.]

8.32.280 Inspections.

It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $30.00 shall be assessed for each subsequent inspection. [Ord. 2118 § 2, 2005.]

8.32.290 Authority to abate.

The Director and any designee or contractor retained by the City for such purposes is hereby authorized to enter upon any property or premises to abate a violation of the City code and applicable State codes as set forth in SMC 8.32.120. The Director shall assess all costs for abatement to the responsible person and may use any remedy available under law to collect such costs, and is authorized to file and record a lien against the subject property in the amount of costs and fees incurred, together with interest at the legal rate. If additional abatement is necessary within two years, treble costs shall be assessed against the responsible person for the actual abatement. [Ord. 2118 § 2, 2005.]

8.32.300 Procedures for abatement.

A. Violations may be abated by City personnel or by a private contractor acting under direction of the City.

B. City personnel or a private contractor may enter upon a private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.

C. If a responsible person abates the violation before the City abates the violation pursuant to a notice of violation or administrative enforcement order, the Director shall nevertheless assess all costs actually incurred by the City against the responsible person.

D. When abatement is completed, the Director shall prepare a notice of itemized bill of costs.

E. The Director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person. The notice shall demand full payment within 20 days to the City Finance Department. If no timely request for an administrative enforcement hearing is received, the Director may file and record a lien against the subject property in the amount of the itemized bill for costs, plus recording fees, with interest at the legal rate. If a timely request for an administrative enforcement hearing is submitted, the Director may seek authorization from the Hearing Examiner to file and record a lien for unpaid costs and/or fees against the subject property in the amount determined appropriate by the Hearing Examiner.

F. The responsible person shall have a right to an administrative enforcement hearing to contest the notice of itemized bill for costs. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to such hearing and a waiver of the right to appeal. [Ord. 2118 § 2, 2005.]

8.32.310 Procedure for recordation.

A. For violations of City code and applicable State laws, when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an administrative enforcement hearing has not been timely requested, the Director, as a supplemental notice or remedy for violation, may record the notice of violation with the Yakima County Auditor’s Office.

B. If an administrative enforcement hearing is held, and an administrative enforcement order is issued, or if a City lien for costs and fees incurred for abatement is issued, the Director shall record the administrative enforcement order and lien with the Yakima County Auditor’s Office.

C. The recordation of an administrative enforcement order shall not be deemed an encumbrance on the property, but shall merely place interested persons on notice of any continuing violation found upon the property.

D. Notice of recordation shall be served on the responsible person and the property owner pursuant to any of the methods of service set forth in SMC 8.32.100. [Ord. 2118 § 2, 2005.]

8.32.320 Notice of compliance.

A. When a violation is corrected, a responsible person shall request as inspection from the Director.

B. When the Director receives such request, the Director shall re-inspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.

C. The Director shall serve a notice of compliance to the responsible person and property owner in the manner provided in SMC 8.32.100 if the Director determines that:

1. All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;

2. All necessary permits have been issued and finalized;

3. All assessed civil fees have been paid; and

4. All assessed administrative fees and costs have been paid.

D. The Director shall record the notice of compliance with the Yakima County Auditor’s Office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation and release of any lien filed by the City pursuant to this chapter. [Ord. 2118 § 2, 2005.]

8.32.330 Prohibition against issuance of municipal permits.

The City shall withhold business licenses; permits for kennels; or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property or any permits pertaining to the use and development of real property or the structure where a violation is located. The City shall withhold such permits until a notice of compliance has been issued by the Director. The City shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations. [Ord. 2118 § 2, 2005.]

8.32.340 Civil fees.

A. If a responsible person fails to correct a violation by the correction date listed in a notice of violation or in an administrative enforcement order, civil fees shall be owed to the City as follows:

1. For first offense of each of the following codes, the civil fee shall be $30.00 for each day each violation remains uncorrected, up to a maximum of $2,400 for each violation:

a. Occupancy violation and uniform building/housing codes, SMC Titles 17 and 15;

b. Illegal accessory dwelling, SMC Titles 15 and 17;

c. Junk vehicles, Chapter 8.28 SMC;

d. Graffiti, Chapter 9.29 SMC;

e. Weeds, Chapter 8.20 SMC;

f. Trash, junk, littering, nuisances, SMC Titles 8 and 9;

g. Landscaping, SMC Title 17;

h. Signs;

i. Fences and obstructions at intersections, Chapters 15.62 and 12.28 SMC;

j. No building permit, no business license, SMC Titles 15 and 5;

k. Home occupation, SMC Title 17;

l. Nonpermitted uses, SMC Title 17;

m. Failure to comply with Board of Adjustment, Planning Commission or Hearing Examiner order;

n. Animals, SMC Title 6;

o. Vehicles, street use, SMC Title 10.

2. For the second and subsequent offense of each of the codes listed above, the civil fee shall be $60.00 for each day each violation remains uncorrected, up to a maximum of $5,000 for each violation.

3. For any first violation not specifically listed in subsection (A)(1) of this section, the civil fee shall be $30.00 for each day such offense remains uncorrected, up to a maximum of $2,400 for each offense. For any subsequent violations of any such offense, the civil fee shall be $60.00 each day such offense remains uncorrected, up to a maximum of $5,000 for each offense.

B. Payment of any civil fee shall not excuse any failure to correct a violation or the recurrence of the violation, nor shall it bar further enforcement action by the City, including any appropriate criminal prosecution or issuance of applicable notice of infraction.

C. Civil fees shall be paid to the City Finance Department. [Ord. 2118 § 2, 2005.]

Article IV. Emergency Abatement

8.32.350 Emergency abatement.

A. Whenever the Director determines that an imminent life safety hazard exists that requires immediate correction or elimination, the Director shall exercise the following powers without notice to the responsible person:

1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

2. Post the premises as unsafe, substandard, or dangerous;

3. Board, fence or secure the building or site;

4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6. Take any other action appropriate to eliminate the emergency.

B. The Director may, based on probable cause, enter property without a search warrant or court order to accomplish the above-listed acts. [Ord. 2118 § 2, 2005.]

8.32.360 Procedure.

A. The Director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of a hazard. Costs incurred by the City during the emergency abatement process shall be assessed and recovered against the responsible person.

B. The Director may also pursue any other administrative or judicial remedy to abate the remaining violations.

C. After an emergency abatement, the City shall, within 10 days, serve a notice of itemized bill for costs to the responsible person for the abatement action taken. Such notice shall include a description of the imminent life safety hazard.

D. A responsible person has the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided herein shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. [Ord. 2118 § 2, 2005.]

Article V. Administrative Citations

8.32.370 Purpose.

The City Council finds that an appropriate method of enforcement for violations of the City code and applicable State codes is by administrative citation. The procedure established in this chapter shall be an alternative procedure and in addition to those procedures set forth in this chapter, the City code and judicial procedures. [Ord. 2118 § 2, 2005.]

8.32.380 Administrative citations.

A. Upon discovering a violation of the City code or applicable State codes that does not require a notice of violation, an enforcement official shall serve an administrative citation on the responsible person.

B. The administrative citation shall be served in the same manner prescribed in SMC 8.32.100.

C. The enforcement official shall attempt to obtain the signature of the responsible person on the administrative citation. If the responsible person refuses or fails to sign an administrative citation, such failure or refusal shall not affect the validity of the citation and subsequent proceedings. [Ord. 2118 § 2, 2005.]

8.32.390 Contents of citation.

Each administrative citation shall include the following information:

A. The date and location of all violations;

B. Code sections violated;

C. The amount of the civil fee imposed for each violation;

D. An explanation of how the civil fee shall be paid, and the consequences of failure to pay the civil fee;

E. Identify the right to and the procedures for requesting an administrative enforcement hearing; and

F. The signature of the enforcement official and, if possible, the signature of the responsible person. [Ord. 2118 § 2, 2005.]

8.32.400 Civil fees assessed.

A. Civil fees shall be due and payable immediately upon service of an administrative citation.

B. The civil fee for each violation listed on the administrative citation shall be $25.00 if paid within 10 days of service.

C. Civil fees shall be double if paid after 10 days but within 20 days of service.

D. Civil fees shall be triple if paid after 20 days but within 30 days of service.

E. Payment of any civil fee shall not excuse a failure to correct a violation or any recurrence of the violation, nor shall it bar further enforcement action by the City.

F. Civil fees shall be paid to the City Finance Department. [Ord. 2118 § 2, 2005.]

Article VI. Costs and Fees

8.32.410 Purpose.

A. The City Council finds that costs incurred by enforcement officials and other City personnel to correct violations should be recovered from the responsible person.

B. The City Council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, reinspection fees, filing fees, attorney fees, Hearing Examiner fees, title search, and any additional actual costs incurred by the City for each individual case. The assessment and collection of costs shall not preclude the imposition of any judicial fees or fines for violations of the City code or applicable State codes. [Ord. 2118 § 2, 2005.]

8.32.420 Assessment of costs.

A. Whenever actual costs are incurred by the City to enforce the City code and applicable State codes, such costs shall be assessed against the responsible person.

B. The Director shall serve the responsible person with a notice of itemized bill for costs.

C. The responsible person shall have a right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal. [Ord. 2118 § 2, 2005.]

8.32.430 Failure to timely pay costs.

The failure of any person to pay assessed costs by the deadline specified in an invoice shall result in a late fee calculated at the rate of one and one-half percent per month. Additionally, the City may file a lien against the subject property for the amount of unpaid costs and/or fees, plus recording fees, with interest at the legal rate. [Ord. 2118 § 2, 2005.]

8.32.440 Administrative cost funds.

Administrative costs and fees collected pursuant to this chapter shall be deposited in a fund existing or as established by the City for the enhancement of the City’s code enforcement efforts and to reimburse City departments for costs associated with the administration of this chapter. Fees and costs deposited in this fund shall be allocated pursuant to the City’s budget process and as authorized by applicable law. [Ord. 2118 § 2, 2005.]

8.32.450 Allocation of civil fees.

Civil fees collected pursuant to this chapter shall be deposited in the City general fund. Civil fees deposited in the general fund may be allocated pursuant to the City budget process and as authorized by applicable law. [Ord. 2118 § 2, 2005.]