Chapter 23.173
ENFORCEMENT
Sections:
23.173.020 Violation of code prohibited.
23.173.030 Permits and licenses that conflict with code.
23.173.040 Property management and maintenance.
23.173.050 Official duty to enforce.
23.173.080 Permit revocation or modification.
23.173.090 Enforcement action.
23.173.100 Recovery of costs and additional fees.
23.173.010 Purpose.
This chapter establishes provisions which are intended to ensure compliance with the requirements of this zoning code and any conditions of land use permits to promote the city’s planning efforts and for the protection of the public health, safety, and welfare of the city. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.010)].
23.173.020 Violation of code prohibited.
No person shall erect, construct, alter, maintain, or use any building or structure or shall use, divide, or transfer any land in violation of this code or any amendment thereto. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.020)].
23.173.030 Permits and licenses that conflict with code.
All departments, officials, and public employees of the city who are assigned the authority or duty to issue permits or licenses shall comply with the provisions of this zoning code. The following actions are determined to conflict with this code:
A. Permits for uses or structures that would be in conflict with the provisions of the zoning code shall not be issued.
B. Any permit issued in conflict with the provisions of this zoning code shall be deemed void.
C. Any action taken by an official or public employee of the city in conflict with the provisions of this zoning code shall be deemed void. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.030)].
23.173.040 Property management and maintenance.
A. Buildings and Structures. Each exterior of a building or other structure (e.g., signs, trash enclosures, shade structures) must be kept in a good state of repair and the exterior finish must be clean and well maintained.
B. Site. The entire site, including paved, unpaved, and landscaped areas, must be kept in a neat and orderly manner, free of junk, debris, abandoned vehicles, weeds, loose trash, and other litter pursuant to Chapter 17.12 RCMC (Weed Control), Chapter 16.18 RCMC (Maintenance of Privately Owned Properties Visible from Public Property) and all other city ordinances related to property maintenance and nuisances. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.040)].
23.173.050 Official duty to enforce.
A. The city manager, director, code enforcement officer, or designees may issue citations for any violations of the zoning code pertaining to the use of any land and the addition, alteration, construction, conversion, erection, moving, reconstruction, or use of any structure pursuant to Chapter 16.18 RCMC (Nuisance Code).
B. Other officials of the city charged by the law with the general duty of enforcing city ordinances shall also enforce the provisions of this zoning code. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.050)].
23.173.060 Violations.
A. Public Nuisance. Any structure or use which is altered, constructed, established, or maintained contrary to the provisions of this zoning code or any applicable condition of approval imposed on a permit is unlawful and a public nuisance, and shall be subject to the remedies and penalties identified in this chapter, the municipal code, and other remedies available to the city.
B. Infractions. It is an infraction for any person to do any act forbidden or fail to perform any act required by the zoning code. Penalties for infractions shall be in compliance with state law.
C. Stop Work Order. Any construction in violation of this zoning code or any conditions imposed on a permit shall be subject to the issuance of a stop work order.
D. Remedies. Each day any violation of this zoning code continues is a new and separate offense. Each violation of the zoning code is considered a separate offense. Should a person be found guilty and convicted of an infraction for the violation of any provision of this zoning code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.060)].
23.173.070 Inspections.
A. Pre-Approval Inspections. Every applicant seeking a permit or any other action in compliance with the zoning code shall allow the city officials handling the application access to any premises or property which is the subject of the application.
B. Post-Approval Inspections. If the permit or other action in compliance with this zoning code is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval imposed on the permit. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.070)].
23.173.080 Permit revocation or modification.
This section provides procedures for securing punitive revocation or modification of previously approved land use permits or entitlements.
A. Applicability. The director or council may initiate revocation proceedings for any approval or permit if it is determined there is substantial likelihood that any of the following situations exist:
1. One or more conditions of approval have not been implemented or have been violated.
2. The activities, or the use itself, are substantially different from what was approved.
B. Notice to Initiate Revocation Proceedings. The city shall provide to the record owner of the subject site and any person in possession or control of the site a written notice to initiate revocation proceedings. Such notice shall be provided at least 20 calendar days prior to the hearing date, and include the following:
1. The permit proposed for revocation.
2. A summary of the reasons for initiation of revocation proceedings and any supporting documentation.
3. A summary of the permit revocation process.
C. Approval Authority. The approval authority for permit revocation shall be the designated approval authority for the initial permit application.
D. Public Hearing Notice and Procedures. A public hearing shall be required for review of a permit revocation only when a public hearing was required for approval of the permit subject to revocation. A public hearing and hearing notice shall be required in accordance with the following:
1. Public Hearing Notice. A notice for public hearing shall be provided for pursuant to RCMC 23.110.120 (Notice of public hearing).
2. Public Hearing Procedure. A public hearing shall be held pursuant to RCMC 23.110.130 (Public hearing procedures).
E. Review Authority Action and Findings. A land use permit may be revoked or modified by the approval authority which originally approved the permit if any of the following facts can be made in a positive manner:
1. Circumstances under which the permit was granted have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be met.
2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the applicant’s testimony presented during the public hearing, for the permit.
3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated.
4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.
5. The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation, or statute.
6. The improvement/use allowed by the permit has become detrimental to the public health, safety, or welfare, or the manner of operation constitutes or is creating a public nuisance.
F. Revocations. The city’s action to revoke an entitlement shall have the effect of terminating the entitlement and denying the privileges granted by the original approval.
G. Modifications. The city may choose to allow the modification of the operational characteristics instead of revoking an entitlement. These modifications may include operation aspects related to buffers, duration of the entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, or traffic circulation.
H. Burden of Proof. The director or any private complaining party shall have the burden to prove, based on substantial evidence in the whole record, that the applicant or the applicant’s successor has violated the city’s approval.
I. Notice of Decision. The hearing officer shall issue a written decision on the matter within 15 calendar days.
J. Appeals. Appeals of a permit revocation determination by the director may be filed in accordance with RCMC 23.110.160 (Appeals). Permit revocation determinations by council are not subject to appeal. [Ord. 4-2017 § 3 (Exh. B); Ord. 13-2013 § 4 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.080)].
23.173.090 Enforcement action.
This section describes the procedures for initiating enforcement action in cases where the director has determined that real property in the city is being used in violation of zoning code provisions.
A. Notice of Violation. The director shall provide the record owner of the subject site and any person in possession or control of the site with a written notice of violation, which shall include the following information:
1. A description of the violation and citations of applicable zoning code provisions being violated;
2. A time limit for correcting the violation;
3. A statement that the city intends to charge the property owner for all administrative costs associated with the abatement of the violation;
4. A statement that the property owner may request and be provided a meeting with the director or designee to discuss possible methods and time limits for the correction of the violations.
B. Time Limit for Correction.
1. The notice of violation shall state that the violations shall be corrected within 30 days from the date of the notice to avoid further enforcement action by the city.
2. The 30-day time limit may be extended by the director upon determining that the responsible party will likely correct the violations within a reasonable time period.
3. The director may require through the notice of violation that the correction occur within less than 30 days if the violation constitutes a hazard to public health or safety.
C. Use of Other Enforcement Procedures. Additional enforcement remedies available to the city may be employed by the director after or instead of the provisions of this section where the director determines that this section would be ineffective in securing the correction of the violation within a reasonable time. [Ord. 4-2017 § 3 (Exh. B); Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.090)].
23.173.100 Recovery of costs and additional fees.
A. Cost Recovery. The city shall be reimbursed for administrative cost, including, but not limited to, staff and city attorney time expended on the enforcement of the provisions of this zoning code.
1. Record of Cost. The department shall maintain records of all administrative costs incurred by responsible city departments and associated with the processing of violations and enforcement of this zoning code, and shall recover costs from the property owner.
2. Summary of Costs. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or persons having possession or control of the property by certified and first class mail.
3. Recovery. The city may pursue all applicable legal remedies to recover delinquent costs under this section, including those contained in RCMC 1.01.200 related to liens and special assessments.
B. Actions That Require a Permit. Any person who alters or establishes any land use or structure without first obtaining any permit required by this zoning code shall pay the additional permit processing fees as established by the city that result from this action. Delinquent fees may be made a lien or special assessment against the subject property, pursuant to RCMC 1.01.200.
C. Inspection Fee. An inspection fee as established by the city shall be imposed on each person who receives a notice of violation, notice and order, or letter of correction of any provision of this zoning code, adopted building code, or state law. The fee may be assessed for each inspection or reinspection conducted when the particular violation is not fully abated or corrected as directed. Delinquent fees may be made a lien or special assessment against the subject property, pursuant to RCMC 1.01.200. [Ord. 4-2017 § 3 (Exh. B); Ord. 27-2014 §§ 13, 14; Ord. 12-2011 § 3 (Exh. A); Ord. 27-2008 § 1 (Exh. A § 1.25.100)].