Chapter 20.42
VIOLATIONS AND ENFORCEMENT
Sections:
20.42.020 Enforcement and administration.
20.42.040 Notice of violation.
20.42.010 Purpose.
It is the purpose of this Chapter to identify limited authority Washington peace officers responsible for executing those duties associated with the administration and enforcement of Title 20 and Chapter 8.05 of the Walla Walla Municipal Code and to establish a procedure for taking remedial action on code violations. Nothing contained herein shall be construed to limit the authority of the general authority Washington peace officers to enforce said provisions of the Walla Walla Municipal Code. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.020 Enforcement and administration.
The city of Walla Walla development services director and the Walla Walla police chief are authorized to enforce and charged with the primary enforcement of the provisions of Titles 15 and 19, this title and Chapters 8.05 and 8.07. The development services director, and designees of either the development services director or the police chief, are recognized as limited authority Washington peace officers for purposes of enforcement of Titles 15 and 19, this title, and Chapters 8.05 and 8.07. The development services director and police chief, and designees of either the development services director or police chief, shall be authorized to order discontinuance of the unlawful use of buildings or structures, removal of buildings or structures, discontinuance of any illegal work being done, or shall take any other action authorized by Title 15 or 19, this title or Chapter 8.05 or 8.07 to insure compliance with or prevent violations of its provisions. (Ord. 2016-03 § 9, 2016: Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.030 Parties liable.
A. The owners, lessee, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice, a violation of this code may each be found guilty of a separate offense and suffer the penalties provided in Section 20.42.060 and may be held jointly and severally liable in civil action brought to enforce the provisions of this code.
B. Persons, firms, and corporations shall be liable for violations of Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code as provided in that Chapter. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.040 Notice of violation.
A. Notice of a violation of a provision of Title 20 or Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code shall be in the form of a letter delivered by U.S. Mail, postage prepaid, or in person to the liable party, at the last known address of said party. Notice of violation to a liable party shall be effective regardless of whether or not other liable parties are given notice. The letter shall identify the property on which the violation is located, cite the applicable Chapter or Section which is being violated, describe the violation, and provide a brief statement on the action necessary to gain compliance.
B. Notice shall be complete and deemed received upon any of the following:
1. Actual receipt; or
2. On the third day following mailing of notice, regardless of whether or not the notice is actually received. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.050 Citations.
Each limited authority peace officer has the authority to issue and serve a citation and notice to appear when the violation is committed or exists in the presence of the officer. Such citations shall be on forms prescribed or approved by the administrator for the courts of the State of Washington. The limited authority peace officer is authorized to and shall file such citations with the Walla Walla District Court which filing shall constitute a lawful citation and notice to appear for initiating criminal charge. The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the city to prosecute such cases in the name of the city. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.060 Penalties.
A. Violation of the provisions of this code or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this code or fails to comply with any of its requirements shall upon conviction thereof be punishable as set forth in Section 1.24.010 of the Walla Walla Municipal Code, and in addition, shall pay all costs and expenses incurred and involved in the investigation, enforcement and prosecution of the case. Each day the violation continues shall be considered a separate offense.
B. Penalties for violations of Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code shall be as provided in that Chapter.
C. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation or to bring an action to enjoin any violation. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).
20.42.070 Complaints.
Whenever a violation of this code or Chapter 8.05 or Chapter 8.07 of the Walla Walla Municipal Code occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Development Services Division of the City of Walla Walla, which shall properly record such complaint, conduct a preliminary investigation, and take such other action as deemed necessary by the City of Walla Walla Development Services Manager. (Ord. 2000-6 § 2(part), 2000: Ord. 98-24 § 5(part), 1998).