Chapter 5.01
GENERAL PROVISIONS

Sections:

5.01.010    Violation—Penalties.

5.01.020    Civil and criminal prosecution of violators.

5.01.030    Enforcement duties of code administration manager and the director of community development.

5.01.040    False information.

5.01.050    Violations as nuisances.

5.01.060    Business license—Denial, revocation, or refusal to renew—Grounds—Appeals.

5.01.010 Violation—Penalties.

A.    For all provisions of Title 5 except the provisions of Chapter 5.90; it is unlawful for any person, firm or corporation to violate any such provision or fail to comply with any requirement in any such provision. Unless otherwise stated in this title, any person convicted of violating any provision or of failing to comply with any requirement of such provision shall be punished by a fine not to exceed five hundred dollars. Upon the second or subsequent convictions of the same offense for which a person, firm or corporation, within the preceding year, has been convicted of or forfeited bail on, the punishment shall be a fine of not more than one thousand dollars or imprisonment in the city jail facility for not less than ten days nor more than ninety days or both such fine and imprisonment for each such conviction. If the violation of or failure to comply with the provisions is of a continuing nature, then each day shall constitute a separate criminal offense.

B.    Civil Offense. As an additional and concurrent remedy for the violation of a provision of Title 5 other than provisions of Chapter 5.90, the city may bring a civil action against any person for violation or failure to comply with any such requirement. The penalty shall be five hundred dollars. If the violation or failure or comply with such provisions and requirements of this title is of a continuing nature, then each day shall constitute a separate civil offense. The city shall not bring a civil penalty action as provided by this subsection for violation or failure to comply with the terms of YMC 5.49.050.

C.    This section is not applicable to provisions of Chapter 5.90. Violations of Chapter 5.90 are governed by YMC 5.90.070(c) and (d). (Ord. 93-29 § 1, 1993: Ord. 3083 § 1, 1988: Ord. 1533 § 1, 1973).

5.01.020 Civil and criminal prosecution of violators.

For the purpose of civil and criminal prosecution under this title, “person” means and includes natural persons, firms, copartnerships and corporations, and other associations of natural persons, whether acting by themselves or by servants, agents or employees. Every person concerned in the commission of a criminal violation of this title, whether he directly commits the act or effects the commission constituting the offense, or aids and abets the same, and whether present or absent, and every person who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to commit such criminal violation, is and shall be a principal under the terms of this title, and shall be proceeded against and prosecuted as such. (Ord. 3083 § 2, 1988).

5.01.030 Enforcement duties of code administration manager and the director of community development.

It is the duty of the code administration manager to enforce this title with the exception of Chapter 5.90. It is the duty of the director of community development to enforce Chapter 5.90. (Ord. 2020-006 § 1, 2020: Ord. 93-29 § 2, 1993: Ord. 3083 § 3,1988).

5.01.040 False information.

It shall be unlawful for any person to make a false statement on any application provided for under this title or otherwise provide false information under the provisions of this title. (Ord. 3083 § 4, 1988).

5.01.050 Violations as nuisances.

Conducting any business or activity contrary to the provisions of this title is a public nuisance, subject to prevention or abatement by injunction or other appropriate remedy in the Superior Court of the state of Washington for Yakima County. (Ord. 3083 § 5, 1988).

5.01.060 Business license—Denial, revocation, or refusal to renew—Grounds—Appeals.

A.    The code administration manager, or his or her designee, has the power and authority to deny, revoke or refuse to renew any business license issued under the provisions of this title in order to further the public interest in public health, safety and welfare. The code administration manager, or his or her designee, shall provide notice to said licensee in writing by certified mail of the denial or revocation of, or refusal to renew, his or her license, and on what grounds such a decision was based. The code administration manager may deny, revoke or refuse to renew any license issued under this title upon a finding that any applicant, licensee, owner, or any officer or agent thereof:

1.    Has omitted to disclose any material fact necessary to make a statement not misleading in any application for the license; or

2.    Has charges pending against her/him or has been convicted of a crime or offense that directly relates to the activity for which the license is required, and the time elapsed since the date of conviction or release from jail or prison, whichever is more recent, is less than ten years; or has been convicted of several crimes including at least one within the last ten years; provided, however, that any licensee whose license is revoked because of charges pending against her/him may engage in the activity for which the license is required, pending a final decision on the charges; or

3.    Has been subject to an adverse finding in any judgment or order which directly relates to the activity for which the license is required in any judicial or administrative proceeding in which fraud, deceit, coercion, breach of trust, unfair method of competition, unfair or deceptive trade act or practice, or assertion of unconscionable contractual provisions, or other similar act, practice, or conduct, on the part of the licensee-applicant is proven, and the time elapsed since the judgment or order is less than ten years; or

4.    Has violated or failed to comply with any applicable provisions of this code or rule or regulation prescribed under this title; provided, that failure to obtain a license shall not be grounds for license denial; or

5.    Is in default in any payment of any fee, assessment, or tax required under YMC Title 3 or 5, or required under any parking and business improvement area established pursuant to RCW 35.87A; or

6.    Has been subject to an adverse finding in any judgment or order in any judicial or administrative proceeding for violation of any provision of a city ordinance or rule or regulation prescribed thereunder pertaining to fire, building, health, sanitation, zoning, weights and measures, consumer protection, environmental protection, or any other ordinance or law and that is applicable to the licensed activity or licensed premises; or

7.    Has been determined to have discriminated against any person because of race, color, age, sex, marital status, sexual orientation, gender identity, political ideology, creed, religion, ancestry, national origin, or the presence of any sensory, mental, or physical handicap in the course of licensed activity, in violation of a city ordinance, law, rule or regulation prescribed thereunder; or

8.    Has violated or failed to comply with any final order of the code administration manager or hearing examiner; or

9.    Has failed to complete the application for a license as required by this code; or

10.    Has failed to obtain a license or permit required by state or other law necessary to engage in the licensed activity; or

11.    Has failed to comply with RCW Chapters 49.12 and 28A.28, and rules and regulations promulgated pursuant thereto, regarding employment of minors; or

12.    Any licensee has permitted or authorized his/her agent to violate or fail to comply with any provision of this code; or

13.    The property at which the business is located has been determined by a court to be a chronic nuisance property as provided in YMC Chapter 11.45.

B.    No license issued under YMC Title 5 shall be revoked, denied or refused renewal by the code administration manager except in accordance with the procedure and on the grounds provided in this title. Parties aggrieved by the code administration manager’s decision to revoke, deny or refuse renewal of a license issued under this title shall have the same opportunity for appeal, under the same procedure as is described in YMC 5.52.120.

The period of denial, revocation or nonrenewal shall be at least one year, and the licensee or any person (as defined in YMC 5.52.020) in which the licensee is a principal shall not again be licensed during such period.

C.    Appeals. The applicant may appeal the decision of the code administration manager to deny, revoke or refuse to renew a business license. An appeal of the administrative official’s decision shall be in accord with the process and procedure set forth in YMC 16.08.

The filing of an appeal shall not stay any actions of the administrative official denying, revoking or refusing to issue a business license associated with the business license decision being appealed. (Ord. 2019-040 § 1, 2019: Ord. 2019-030 § 1, 2019: Ord. 2010-18 § 2, 2010).