Chapter 12.34
ENFORCEMENT
Sections:
12.34.010 Enforcement officer designated.
12.34.030 Violation – Penalty.
12.34.010 Enforcement officer designated.
The chief of police, the director of public works, or their designees, and the city attorney are hereby designated the enforcement officers for the purposes of this chapter and as provided in RCW 7.80.040. Such officers are authorized to issue a notice of infraction upon certification that the officer had cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 2719 § 2, 2008)
12.34.020 Stop work orders.
The city may stop work, including work associated with any existing permits, and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this title until there is compliance with this title and all penalties are paid in full. Violation of a stop work order shall be a civil infraction pursuant to BMC 12.34.030, and in the event that a person or entity shall commit two successive civil infractions within a three-month period, such person or entity shall be guilty of a gross misdemeanor pursuant to BMC 12.34.030(A)(4). (Ord. 2719 § 2, 2008)
12.34.030 Violation – Penalty.
A. Penalties. Violation of any of the provisions of this title is a civil infraction (Class 1, pursuant to RCW 7.80.120) unless otherwise noted, and shall be punished as follows, provided conduct that constitutes a criminal offense may be charged as such and is subject to the maximum penalties allowed for such offenses:
1. First Offense. The first offense shall be a civil infraction and shall be punished by a penalty of not more than $250.00 and not less than $100.00, plus all costs and assessments.
2. Second Offense. The second offense shall be a civil infraction and shall be punished by a penalty of not more than $1,000 and not less than $250.00, plus all costs and assessments.
3. The procedure for the enforcement of civil infractions shall be consistent with the procedure established in Chapter 7.80 RCW.
4. After having been found to have committed three successive civil infractions within a one-year period for violations of the same provisions of this title on the same property, any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be guilty of a gross misdemeanor. A gross misdemeanor is punishable by up to one year in jail or by a fine of not more than $5,000 or both.
B. In addition to the civil and criminal remedies provided above, the city may bring such injunctive, declaratory or other action as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. (Ord. 2719 § 2, 2008)
12.34.040 Appeals.
A. Civil infractions issued under this title shall be appealable to the municipal court.
B. Gross misdemeanor violations issued under this title shall be appealed to superior court pursuant to the Revised Code of Washington. (Ord. 2719 § 2, 2008)