Chapter 20.100 COMPLIANCE AND ENFORCEMENT

It is the purpose of this chapter to provide specific guidance and procedures for code enforcement actions in the city of Battle Ground. It is the policy of the city of Battle Ground to thoroughly and consistently enforce the rules and regulations of the municipal code, with primary emphasis on protection of the general health, safety and welfare. In addition, it is the policy of the city to strive for and achieve the highest level of voluntary compliance in all code enforcement actions with minimal use of punitive authority. Further, the city strives to resolve all code enforcement actions in a swift, fair and equitable manner. (Ord. 21-37 § 2, 2021)

20.100.020 Relationship to Growth Management Act.

This chapter is adopted as development regulations pursuant to Chapter 36.70A RCW (GMA). (Ord. 21-37 § 2, 2021)

20.100.030 Enforcement, authority, and administration.

A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the city may, in response to field observations, determine that violations of BGMC Titles 5, 6, 8, 12, 13, 15, 16, 17, and 18 have occurred or are occurring, and may:

1. Enter into voluntary compliance agreements with persons responsible for code violations;

2. Issue notice and orders, require voluntary compliance, assess civil penalties, and recover costs pursuant to this chapter;

3. Require abatement by means of a judicial abatement order and, if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work pursuant to this chapter;

4. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties pursuant to this chapter;

5. Suspend, revoke, or modify any permit previously issued by the city or deny a permit application pursuant to this chapter when other efforts to achieve compliance have failed; and

6. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses.

B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the city from remedying or abating violations of BGMC Titles 5, 6, 8, 12, 13, 15, 16, 17, and 18 in any other manner authorized by law.

C. In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, the city may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation.

D. In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, the city may assess or recover civil penalties accruing pursuant to this chapter by legal action filed in Battle Ground municipal court or Clark County superior court.

E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation.

F. In administering the provisions for code compliance, the city shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. For purposes of this section, substantial injustice may not be based exclusively on financial hardship.

G. The city may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by the BGMC. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints.

H. The city may request that the police, appropriate fire district, Clark County health department, or other appropriate city department or other noncity agency assist in enforcement. (Ord. 21-37 § 2, 2021)

20.100.040 Procedures when probable violation is identified.

A. The city shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable city codes and regulations, whether or not a violation has occurred. As soon as the city has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. The city shall not be required to notify any person when it determines that no violation has occurred, unless specifically requested in writing.

B. Except as provided in BGMC 20.100.050(C), a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the city otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement pursuant to this chapter. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within fourteen days.

C. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within seventy-two hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation.

D. Notice and orders may be issued when a violation has been found and a voluntary compliance agreement has not been entered. When determining whether to issue a notice and order, the city may consider a number of relevant factors and criteria, including but not limited to the severity of the public impact of the nuisance violation, the time and cost to abate the nuisance violation, the likelihood to recover any costs of abatement, and the available city resources to abate the nuisance violation.

E. The city shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation.

F. The warning shall specify a reasonable time frame for abatement of the violation, which may be modified based upon abatement progress; provided, however, that the initial amount of time for abatement shall not be longer than thirty days. A notice and order or stop work order shall be issued in the event the violation is not corrected or a voluntary compliance agreement is not entered into in the time period specified in the warning. Stop work orders should be issued promptly upon discovery of a violation in progress. (Ord. 21-37 § 2, 2021)

20.100.050 Service—Notice and order and stop work order.

A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods:

1. Personal service of a notice and order may be made on the person identified by the city as being responsible for the code violation, or by leaving a copy of the notice and order at the person’s house of usual abode with a person of suitable age and discretion who resides there. For corporations and business entities, in-person service shall be on the registered agent as listed in the records of the Washington State Secretary of State;

2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; or

3. Service by mail may be made for a notice and order by mailing one copy, postage prepaid, by ordinary first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the registered agent as shown in the records of the Washington State Secretary of State for corporations and business entities. Except for corporations and business entities, the taxpayer’s address as shown on the tax records of Clark County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail.

B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall be deemed complete at the expiration of the time prescribed for publication. A notice and order served by publication shall be signed by a code enforcement officer, shall include the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied.

C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter.

D. The failure of the city to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. 21-37 § 2, 2021)

20.100.060 Obligations of persons responsible for code violation.

A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgment of stop work orders, and compliance with other remedies do not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances.

B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs. (Ord. 21-37 § 2, 2021)

20.100.070 Determination of compliance.

After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the city may issue a written determination of compliance. Should the city determine it necessary to issue a written determination of compliance, the city shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order. (Ord. 24-22 § 1, 2024; Ord. 21-37 § 2, 2021)

20.100.080 Voluntary compliance agreement—Authority.

A. Whenever the city determines that a code violation has occurred or is occurring, the city shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the city may enter into a voluntary compliance agreement as provided for in this chapter.

B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided.

C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation.

D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the city. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the city if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the city and person(s) who signed the original voluntary compliance agreement.

E. The voluntary compliance agreement is not a settlement agreement. (Ord. 21-37 § 2, 2021)

20.100.090 Voluntary compliance agreement—Contents.

The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following:

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

B. The address or other identification of the location of the violation;

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

D. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed;

E. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied;

F. An acknowledgment that if the city determines that the terms of the voluntary compliance agreement are not met, the city may, without issuing a notice and order or stop work order, impose any remedy authorized by this chapter, enter the real property and perform abatement of the violation by the city, assess the costs incurred by the city to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation, or limitation of a development permit obtained or to be sought by the person responsible for the code violation;

G. An acknowledgment that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the city may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation;

H. An acknowledgment that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation; and

I. An acknowledgment that the person responsible for the code violation understands that he or she has the right to be served with a notice and order or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly, intelligently, and voluntarily waiving those rights. (Ord. 21-37 § 2, 2021)

20.110.100 Failure to meet terms of voluntary compliance agreement.

A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the city to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order.

B. The city may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. (Ord. 21-37 § 2, 2021)

20.100.110 Notice and order—Authority.

When the city has reason to believe, based on field observations, statements of witnesses, investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the city is authorized to issue a notice and order to any person responsible for a code violation. The city shall make a determination whether or not to issue a notice and order within a reasonable period after determining that a violation exists, after issuing a warning if one is given, or within ten days of the end of a voluntary compliance agreement time period which has not been met. For purposes of this section, a “reasonable period” shall be no less than fourteen days nor more than forty-five days. (Ord. 21-37 § 2, 2021)

20.100.120 Notice and order—Effect.

A. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order.

B. The city is authorized to impose civil penalties upon a determination by the city that a violation has occurred pursuant to a notice and order.

C. Issuance of a notice and order in no way limits the city’s authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this chapter. (Ord. 21-37 § 2, 2021)

20.100.130 Notice and order—Contents.

The notice and order shall contain the following information:

A. The name and address, if the address can be easily ascertained, of the person(s) responsible for the violation;

B. The address, when available, or Clark County tax parcel number or approximate location of the violation;

C. A statement that the city has found the named person(s) responsible for a violation and a brief description of the violation(s) found;

D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated;

E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties, and that any assessed penalties must be paid within fourteen days of service of the notice and order;

F. A statement advising that any costs of enforcement incurred by the city shall also be assessed against the person to whom the notice and order is directed;

G. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter;

H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;

I. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the city may proceed to seek a judicial abatement order from Clark County superior court to abate the violation;

J. A statement advising that the person(s) responsible for a violation(s) shall incur a daily monetary penalty, according to the monetary penalty schedule in BGMC 20.100.230, if the person(s) responsible for a violation fails to comply with the corrective action listed in the notice and order by the date specified therein;

K. A statement advising that, if any assessed penalty, fee, or cost is not paid on or before the due date, the city may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligations of all persons responsible for a code violation;

L. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order to the hearing examiner within fourteen days of the date of service of the notice and order;

M. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent city of Battle Ground permit applications on the subject property;

N. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation;

O. A statement advising the person responsible for a code violation of his/her duty to notify the city of any actions taken to achieve compliance with the notice and order;

P. A statement advising that failure to comply with the notice and order may be referred to the office of the city attorney for appropriate legal action; and

Q. A statement advising that monetary penalties under BGMC 20.100.230 shall accrue during the appeal period unless the appellant prevails on appeal. (Ord. 24-22 § 1, 2024; Ord. 21-37 § 2, 2021)

20.100.135 Imposition and notification of daily monetary penalties.

In cases where the city imposes daily monetary penalties, an invoice will be provided showing the penalty amount owing and outlining the date by which payment must be made. The person(s) responsible may file an appeal within fourteen days of the date of service of the invoice. Monetary penalties under BGMC 20.100.230 shall accrue during the appeal period unless the appellant prevails on appeal. The person(s) responsible for the violation(s) shall not be permitted to contest in such appeal whether the conditions that gave rise to the issuance of the notice of civil violation and order constitute a violation of the code. (Ord. 24-22 § 1, 2024)

20.100.140 Notice and order—Supplementation, revocation, modification.

A. The city may add to, revoke, in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this chapter.

B. The city may issue a supplemental notice and order or revoke a notice and order issued under this chapter pursuant to any of the following reasons:

1. If the original notice and order was issued in error;

2. Whenever there is new information or change of circumstances; or

3. If a party to an order was incorrectly named. (Ord. 21-37 § 2, 2021)

20.100.150 Notice and order—Administrative conference.

An informal administrative conference may be conducted by the city at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. (Ord. 21-37 § 2, 2021)

20.100.160 Notice and order—Remedies—Suspension, revocation, or limitation of permit.

A. The city may suspend, revoke, or modify any permit issued by the city whenever:

1. The permit holder has committed a violation in the course of performing activities subject to that permit;

2. The permit holder has interfered with the authorized representatives of the city in the performance of his or her duties related to that permit;

3. The permit was issued in error or on the basis of materially incorrect information supplied to the city;

4. Permit fees or costs were paid to the city by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or

5. There is a permit or approval that is subject to sensitive area review, and the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant’s ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions.

B. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the hearing examiner using the appeal provisions of this chapter.

C. Notwithstanding any other provision of this chapter, the city may immediately suspend operations under any permit by issuing a stop work order. (Ord. 21-37 § 2, 2021)

20.100.170 Notice and order—Remedies—Denial of permit.

A. The city may deny a permit when, with regard to the site or project for which the permit is submitted:

1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the city that regulates or protects the public health, safety, and welfare, or the use and development of land and water; and/or

2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule.

B. In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration, accepted as complete by the city, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. (Ord. 21-37 § 2, 2021)

20.100.180 Notice and order—Remedies—Abatement.

In addition to, or as an alternative to, any other judicial or administrative remedy, the city may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the city determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the city may seek a judicial abatement order pursuant to this chapter. (Ord. 21-37 § 2, 2021)

20.100.190 Stop work order—Authority.

The city is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. (Ord. 21-37 § 2, 2021)

20.100.200 Stop work order—Effect.

A. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease.

B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the city.

C. A stop work order may be appealed according to the procedures prescribed in this chapter.

D. Failure to appeal the stop work order within fourteen days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease.

E. A stop work order may be enforced by the city police. (Ord. 21-37 § 2, 2021)

20.100.210 Stop work order—Remedy—Civil penalties.

A. In addition to any other judicial or administrative remedy, the city may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in BGMC 20.100.230.

B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped.

C. Violation of a stop work order shall be a separate violation from any other code violation. (Ord. 21-37 § 2, 2021)

20.100.220 Stop work order—Remedy—Criminal penalties.

In addition to any other judicial or administrative remedy, the city may forward to the office of the city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. (Ord. 21-37 § 2, 2021)

20.100.230 Civil penalties—Assessment schedule.

A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a notice and order or stop work order, pursuant to the following schedule:

Violation	Penalty Amount
First violation	$250
Second separate violation within three-year period (may be same type of nuisance as initial violation)	$500
Each subsequent separate violation within three-year period (may be same type of nuisance as previous violation(s))	$1,000
Violation which is likely to result in an economic benefit to the person responsible for the violation	$10,000
Chronic nuisance violation pursuant to BGMC 8.04.045	$2,500
Daily monetary penalty	$250

B. Civil penalties shall be paid within the period specified in the notice and order or stop work order if not appealed. Payment of the civil penalties pursuant to this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter.

C. The city may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a voluntary compliance agreement pursuant to BGMC 20.100.080.

D. Civil penalties which are assessed create a joint and several personal obligation in all persons responsible for a code violation.

E. In addition to the monetary penalty in this section, the person responsible for a violation shall incur a daily monetary penalty according to the monetary penalty schedule in this section if the person(s) responsible for a violation fails to comply with the corrective action or actions in a notice and order by the corrective date specified in the order. The daily penalty shall begin to accrue after the corrective date specified in the notice and order. (Ord. 24-22 § 1, 2024; Ord. 21-37 § 2, 2021)

20.100.240 Civil penalties—Duty to comply.

Persons responsible for a code violation have a duty to notify the city in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. (Ord. 21-37 § 2, 2021)

20.100.250 Civil penalties—Waivers.

A. Civil penalties may be waived or reimbursed to the payer by the city under the following circumstances:

1. The notice and order or stop work order was issued in error;

2. The civil penalties were assessed in error;

3. New material information warranting waiver has been presented to the city since the notice and order or stop work order was issued; or

4. As appropriate to resolve litigation.

B. The city shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. (Ord. 21-37 § 2, 2021)

20.100.260 Civil penalties—Critical areas.

A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm to meet the requirements of Chapter 36.70A RCW (the GMA), and to further the remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action.

B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations.

C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this chapter, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed.

D. “Violation of critical area provisions of the BGMC” means:

1. The violation of any provision of Chapters 18.260 through 18.310 BGMC, critical areas, or of the administrative rules promulgated thereunder;

2. The failure to obtain a permit required for work in a critical area; or

3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the abovementioned provisions.

E. Any person in violation of Chapters 18.260 through 18.310 BGMC, critical areas, may be subject to civil penalties, costs, and fees as follows:

1. According to the civil penalty schedule under BGMC 20.100.230; provided, that the exact amount of the penalty per violation shall be determined by the city based on the physical extent and severity of the violation; or

2. The greater of:

a. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of:

i. The resulting increase in market value of the property;

ii. The value received by the person responsible for a violation;

iii. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of Chapters 18.260 through 18.310 BGMC, critical areas; or

b. Code compliance costs incurred by the city to enforce Chapters 18.260 through 18.310 BGMC, critical areas. (Ord. 21-37 § 2, 2021)

20.100.270 Cost recovery.

A. In addition to the other remedies pursuant to this chapter, upon issuance of a notice and order or stop work order the city shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include:

1. Reasonable Legal Fees and Costs. For purposes of this section, “reasonable legal fees and costs” shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this chapter as may be allowed by law;

2. Administrative Personnel Costs. For purposes of this section, “administrative personnel costs” shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this chapter;

3. Abatement Costs. The city shall keep an itemized account of costs incurred by the city in the abatement of a violation under this chapter; and

4. Actual expenses and costs of the city in preparing notices, specifications, and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees.

B. Such costs are due and payable thirty days from mailing of the invoice.

C. All costs assessed by the city in pursuing code enforcement and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the city, may collect the costs of code compliance efforts by any appropriate legal means. (Ord. 21-37 § 2, 2021)

20.100.280 Collection of civil penalties, fees, and costs.

A. The city may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this chapter.

B. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the city may, after abating a violation pursuant to this chapter, file for record with the Clark County auditor to claim a lien against the real property for the civil penalties, fees, and costs assessed pursuant to this chapter if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law.

C. Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW 35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 21-37 § 2, 2021)

20.100.290 Abatement.

A. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety, or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.

B. Judicial Abatement. The city may seek a judicial abatement order from Clark County superior court to abate a condition which continues to be a violation of BGMC where other methods of remedial action have failed to produce compliance.

C. The city shall seek to recover the costs of abatement as authorized by this chapter. (Ord. 21-37 § 2, 2021)

20.100.300 Abatement—Chronic nuisances.

A. Chronic Nuisance Judicial Abatement Order. The city may seek a judicial abatement order from Clark County superior court to abate a condition deemed a chronic nuisance pursuant to BGMC 8.04.045 where other methods of remedial action have failed to produce compliance. This abatement order, in addition to the remedies outlined in the remainder of this chapter, may seek abatement of the chronic nuisance as follows:

1. Direct the removal of all personal property subject to seizure and forfeiture pursuant to RCW 69.50.505 from the property, building, or unit within a building, and direct their disposition pursuant to the forfeiture provisions of RCW 69.50.505;

2. Provide for the immediate closure of the property, building, or unit within a building against its use for any purpose, and for keeping it closed for a period of up to one year unless released sooner pursuant to this chapter; and

3. State that while the order of abatement remains in effect, the property, building, or unit(s) within a building shall remain in the custody of the court.

B. The city may seek to recover the costs of abatement pursuant to this chapter. (Ord. 21-37 § 2, 2021)

20.100.310 Code compliance abatement fund—Authorized.

All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. (Ord. 21-37 § 2, 2021)

20.100.320 Judicial enforcement—Petition for enforcement.

A. In addition to any other judicial or administrative remedy, the city may seek enforcement of the city’s order in Clark County superior court.

B. The city shall name as a respondent each person against whom the city seeks to obtain civil enforcement.

C. In seeking superior court enforcement, the city may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. (Ord. 21-37 § 2, 2021)

20.100.330 Appeals.

In the event a party of standing pursuant to BGMC 17.200.140(C) believes the city has erred or acted unreasonably in the issuance of a notice and order, stop work order, or assessment of civil penalties, they may file an appeal to the hearing examiner as provided in BGMC 17.200.140. (Ord. 21-37 § 2, 2021)