Chapter 1.24
VIOLATIONS AND PENALTIES1
Sections:
1.24.010 Purpose and application.
1.24.030 Civil infractions pursuant to chapter 7.80 RCW.
1.24.040 Nuisance and civil violations.
1.24.050 Joint and several liability.
1.24.060 Filing notice or order.
1.24.080 Specific provisions concerning a violation of chapters 13.04, 14.01 and 14.05 BMC.
1.24.010 Purpose and application.
The purpose of this chapter is to identify and provide for the enforcement alternatives available to the city of Burlington when a city ordinance is violated. These alternatives are (A) a criminal violation; (B) a civil infraction pursuant to the provisions of chapter 7.80 RCW, RCW 35A.11.020, 35A.12.140, and chapter 1.34 BMC; (C) a civil violation and nuisance pursuant to the provisions of RCW 35A.11.020, 35A.12.140 and chapter 8.12 BMC, including, where necessary, the abatement of a nuisance. The city attorney shall have the discretion to prosecute any violation of the code under any of these alternatives. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.020 Criminal violations.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $l,000 or imprisonment not to exceed 90 days in jail, or both. In the event a Washington State statute provides a penalty for conduct prescribed by a Burlington city ordinance, then, in that event, the penalty for such conduct shall not exceed the maximum penalty provided for by Washington State statute.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he is punishable accordingly.
C. Notwithstanding any other provision of the Burlington Municipal Code, every person convicted of a gross misdemeanor as defined in RCW Title 9A and adopted by reference by the city shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.030 Civil infractions pursuant to chapter 7.80 RCW.
Any violation of a city ordinance shall be considered a civil infraction pursuant to chapter 7.80 RCW and RCW 35A.11.020 and 35A.12.140. The procedure and system for adjudicating civil infractions and the penalties for such infractions shall be as set forth in chapter 7.80 RCW and chapter 1.34 BMC. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.040 Nuisance and civil violations.
Any violation of a city ordinance shall be considered a public nuisance and civil violation. The procedure and system for adjudicating civil violations and the penalties for such violations and abatement as deemed necessary shall be as is set forth in chapter 8.12 BMC. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.050 Joint and several liability.
Each responsible party is jointly and severally liable for a violation of a city ordinance. The designated official may take enforcement action, in whole or in part, against any responsible party. All applicable penalties may be imposed against each responsible party. In the event enforcement action is taken against more than one responsible party, recoverable damages, costs, and expenses may be allocated among the responsible parties based upon the extent to which each responsible party’s acts or omissions caused the violation, unless this factor cannot be determined, or the party receiving the allocation under this factor is unable to correct the violation, or is unable to pay the damages, costs, expenses, and any penalty imposed under chapter 1.34 BMC. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.060 Filing notice or order.
A notice of violation, voluntary compliance agreement or an order issued by a director, or municipal judge, may be filed with the Skagit County auditor. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.070 Change of ownership.
When a notice of violation, voluntary compliance agreement or an order issued by a director or municipal judge has been filed with the Skagit County auditor, a notice of violation or an order regarding the same violations need not be served upon a new owner of the property where the violation occurred. If no notice of violation or order is served upon the new owner, the director may grant the new owner the same number of days to comply as was given the previous owner. The compliance period for the new owner shall begin on the date that the conveyance of title to the new owner is completed. (Ord. 1851 § 2 (Exh. B), 2018).
1.24.080 Specific provisions concerning a violation of chapters 13.04, 14.01 and 14.05 BMC.
A. Additional Relief. In lieu of or in addition to any enforcement procedure provided in this title, the director may seek any other available legal or equitable relief, including to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this title or a public nuisance. When the public works director finds that any person has violated, or continues to violate, any provision of this title, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the public works director may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
1. Immediately comply with all applicable requirements; and
2. Take such appropriate preventative action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
B. Suspension or Revocation. Approvals or permits granted in error, or on the basis of incomplete, inaccurate or misleading information, or in violation of any law, ordinance or regulation may be suspended or revoked. Other permits or approvals interrelated with an approval suspended or revoked under this subsection, including certificates of occupancy or approvals for occupancy, may also be suspended or revoked. When an approval or permit is suspended or revoked, the director may require the applicant to take corrective action to bring the project into compliance with this title by a deadline set by the director, or may take other enforcement action.
C. Date of Initial Enforcement. The public works director shall not enforce provisions of this code which require existing discharges and land uses to adopt operational and nonstructural best management practices until six months after adoption of rules identifying the best management practices to be required. The director shall not enforce the provisions of this code which require existing discharges and land uses to install structural best management practices until one year after adoption of rules identifying the best management practices to be required.
D. Specific Violations.
1. General. It is a violation of this title to not comply with any requirement of, or to act in a manner prohibited by, this title, or a permit, approval, rule, manual or order issued pursuant to this title.
2. Aiding and Abetting. It is a violation of this title to aid, abet, counsel, encourage, commend, incite, induce, hire or otherwise procure another person to violate this title.
3. Alteration of Existing Drainage. It is a violation of this title to alter existing drainage patterns which serve a tributary area of more than five acres without authorization or approval by the director.
4. Obstruction of Watercourse. It is a violation of this title to obstruct a watercourse without authorization or approval by the director.
5. Dangerous Condition. It is a violation of this title to allow to exist, or cause or contribute to, a condition of a drainage control facility, or condition related to grading, storm water, drainage or erosion that is likely to endanger the public health, safety or welfare, the environment, or public or private property.
6. Interference. It is a violation of this title for any person to interfere with or impede the correction of any violation, or compliance with any notice of violation, emergency order, stop work order, or the abatement of any nuisance.
E. Criminal Violation.
1. Failing to Comply with Orders. Failing to comply with an order properly issued pursuant to this title by the director or a judge is a criminal violation, punishable upon conviction by a fine of not more than $5,000 per day of each violation or imprisonment for each violation for not more than 360 days or both such fine and imprisonment.
2. Tampering and Vandalism. Tampering with or vandalizing a drainage control facility or other best management practice, a public or private drainage control system, monitoring or sampling equipment or records, or notices posted pursuant to this title is a criminal violation, punishable upon conviction by a fine of not more than $5,000 or imprisonment for not more than 360 days or both such fine and imprisonment.
3. Repeat Violations. Anyone violating this title who has had a judgment or hearing examiner’s order against them pursuant to this title in the preceding five years shall be subject to criminal penalties for the present violation, and, upon conviction thereof, be fined in a sum not to exceed $5,000, or imprisonment for not more than 360 days, or both such fine and imprisonment. (Ord. 1851 § 2 (Exh. B), 2018).
Prior legislation: Ords. 913 and 1740.