Chapter 13.22
ENFORCEMENT, VIOLATIONS, PENALTIES AND APPEALS
Sections:
13.22.015 Utility service and meter tampering.
13.22.020 Violations, enforcement and penalties.
13.22.035 Liability for loss or damage.
13.22.040 Notice to correct and stop work orders.
13.22.050 Enforcement officer designated.
13.22.010 Purpose.
The purpose of this chapter is to establish and supplement the enforcement procedures and penalties established in this title, and to establish an enforcement officer who shall be responsible for carrying out the procedures set forth herein. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.012 Definitions.
A. Any definition contained in this title shall apply to all sections of this chapter. (Ord. 2909 § 9 (Att. H), 2018)
13.22.015 Utility service and meter tampering.
A. Utility Service Tampering – Misdemeanor. No utility service shall be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. Any utility services, including utility systems owned and operated by the city of Blaine, that are established, expanded, constructed, altered, moved, maintained, or otherwise changed in violation of this title shall be guilty of a misdemeanor.
B. Meter Tampering. As stated in BMC 13.04.270 and 13.16.162, it shall be a civil infraction for each incident for tampering with a utility meter. Such infraction and any fines or penalties associated thereby shall be assessed to the customer whose name appears on the utility account and any individual found to have engaged in such tampering activity, plus all reconnection charges and other charges or assessments allowed pursuant to the unified fee schedule and this title. This fine will attach to the utility bill and must be paid prior to reinstatement of the utility services. If this account is in other than the owner’s name, and the account remains unpaid, the unpaid balance will then become the owner’s responsibility, as stated in BMC 13.18.010. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.020 Violations, enforcement and penalties.
A. A person or business found to have committed a civil infraction (Class 1, pursuant to RCW 7.80.120) shall be assessed a monetary penalty as set forth in this section, and any other penalty, costs, or awards provided in Chapter 7.80 RCW, including without limitation attorney’s fees and costs incurred by the city and restitution. A person or business found to have committed a misdemeanor shall be assessed a monetary penalty as set forth in this section, and any jail time, unless such monetary and/or jail time is suspended, and any other penalty, costs, or awards provided by law including without limitation attorney’s fees and costs incurred by the city and restitution.
B. Civil Infractions. As established in Chapter 7.80 RCW, a person or business that violates the requirements of this title shall be guilty of a civil infraction, unless such action has been defined as a misdemeanor in any section or subsection of this title. The offender shall be subject to penalties of not less than $100.00 per incident plus any other charges and assessments allowed in the unified fee schedule and this title, plus the costs of the action, unless such incident is a misdemeanor, then such penalties shall be as set forth in subsection (B) of this section. Each and every day that such prohibited act continues shall be considered a separate violation, and each day shall be considered a successive violation such that the second violation shall be a misdemeanor pursuant to subsection (E) of this section.
C. Misdemeanor.
1. Each subsequent violation of the same provisions of this title on the same property by any person, firm, company or corporation on the same property that would otherwise be a civil infraction under subsection (A) of this section occurring after notice of the initial violation shall be considered a misdemeanor punishable by a fine of not more than $1,000 and up to 90 days in jail per violation.
2. Any person, firm, corporation or association or any agent of any person, firm, corporation, or association who violates the provisions of this title relating to the establishment, expansion, construction, alteration, moving, maintenance, or other change to utilities shall be guilty of a misdemeanor. Each violation of any provisions of this title shall be deemed a separate and distinct violation.
3. Any person, firm, corporation or association or any agent of any person, firm, corporation, or association who violates the provisions of this title relating to the establishment, expansion, construction, alteration, moving, maintenance, or other change to utilities shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 and up to 90 days in jail per violation.
4. Each violation of any provision of this title shall be deemed a separate and distinct violation.
D. Additional Assessments and Expenses. In addition to the penalties described in this title, the city may recover reasonable attorney’s fees, costs, fees and all other expenses of litigation in the event a civil action is brought against the person, firm or corporation violating this code or any order, rules, regulations or agreements issued pursuant thereto.
E. Procedures. The procedure for the enforcement of any civil infraction arising under this title shall be consistent with the procedure established in Chapter 7.80 RCW. The procedure for the enforcement of misdemeanors shall be as set forth in the Revised Code of Washington, and RCW Title 10 in particular; provided, that the venue for misdemeanors and civil infractions shall be the Blaine municipal court.
F. Successive Infractions Are a Misdemeanor. Unless provided otherwise in any section or subsection in this title, any two successive civil infractions for violations of the same provisions of this title on the same property by any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be a misdemeanor and said person or entity shall be subject to criminal penalties as set forth in subsection (C)(3) of this section, together with an assessment of costs and fees as provided in subsection (D) of this section.
G. Civil Remedies Not Precluded. 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. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.025 Nuisance.
Any structure or condition which violates any provision of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and may be abated as such. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.030 Reserved.
(Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.035 Liability for loss or damage.
In addition to penalties provided in this chapter, any person, firm, corporation or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public and private property arising from such violation. If the city repairs or replaces the damaged property, the actual cost to the city for such repair or replacement shall be assessed against the responsible party and shall be due and payable within 10 days of the date of written notice of the same. Delinquent bills may be collected by a civil action in the Blaine municipal court. If the city obtains judgment, it shall also be entitled to reimbursement for court costs and reasonable attorney’s fees expended in the litigation. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.040 Notice to correct and stop work orders.
A. Notice to Correct. In addition to any enforcement action authorized in this title, any person found to be violating any provision of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently correct all violations.
B. Stop Work Order. In addition to any enforcement action authorized in this title, the city shall stop work on any existing permits or utility service agreements and halt the issuance of any or all future permits or agreement for any activity which violates the provisions of this title until there is compliance with this chapter and all penalties are paid in full, or a voluntary compliance agreement approved by the city manager and city attorney is executed by the property owner and applicant. If the city public works director determines that any work or action in relation to service puts the public health or safety at risk, then the public works director may in his/her determination issue a stop work order immediately. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.050 Enforcement officer designated.
The city public works director is hereby designated the enforcement officer for the purposes of this chapter and as provided in RCW 7.80.040. The public works director may designate additional enforcement officers in writing and shall provide the city manager, the city police chief and the city attorney with the names of persons so designated. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)
13.22.060 Appeals.
A. Civil infractions violations shall be appealable pursuant to RCW 7.80.100.
B. Gross misdemeanor violations shall be appealed pursuant to RCW 58.17.300.
C. Except for enforcement actions such as civil infractions and misdemeanors, all other decisions of the city public works director and code interpretation under this title unrelated to an enforcement action are appealable to the city of Blaine hearing examiner pursuant to BMC 17.06.180. The city hearing examiner shall conduct an open record appeal hearing and issue a written decision within 90 days of the date of filing of the appeal. A decision under this section is not a land use decision under the Land Use Petition Act. Any appeals of a city hearing examiner decision arising under this title are exclusively appealable to Whatcom County superior court pursuant to the procedures set forth in BMC 17.06.190(B) through (D), and to the extent not in conflict with those city code provisions, RCW 36.70C.040 through 36.70C.090, 36.70C.110, 36.70C.130, and 36.70C.140. Such appeal to superior court shall be filed with the Whatcom County superior court and served on the city of Blaine city clerk within 21 days of the date of issuance of the hearing examiner’s decision. The standard for granting relief on appeal to the city hearing examiner or later to the Whatcom County superior court shall be as set forth in RCW 36.70C.130(1)(a) through (f). There shall be no other additional administrative or legislative remedies. The failure of a party to timely exercise their rights of appeal shall be deemed a failure to exhaust administrative remedies. (Ord. 2909 § 9 (Att. H), 2018; Ord. 2750 § 8, 2009)