Chapter 1.34
ENFORCEMENT OF CIVIL INFRACTIONS PURSUANT TO CHAPTER 7.80 RCW1
Sections:
1.34.030 Voluntary compliance.
1.34.040 Notice of civil infraction.
1.34.060 Additional enforcement procedures.
1.34.010 Purpose.
The purpose of this chapter is to establish an alternative system to enforce the laws and regulations of the city of Burlington; to define the violations of such regulations as civil infractions; to establish monetary penalties for civil infractions as authorized by RCW 35A.11.020 and chapter 7.80 RCW; and to establish a standard procedure to be used by the city to abate such infractions. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.020 Definitions.
As used in this chapter, unless a different meaning is plainly required:
A. “Abate” means to take whatever steps are deemed necessary by an enforcement officer to rectify and correct a code violation. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair.
B. “Act” means doing or performing something.
C. “Day(s)” means a business day when five days or fewer are allowed to complete an act requirement by this chapter or a court of competent jurisdiction; when more than five days are allowed, “day(s)” shall mean calendar day.
D. “Civil violation” means a violation for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs is a separate violation.
E. Enforcement Officer. As used in this chapter, “enforcement officer” means a peace officer holding a full or a limited law enforcement commission and who is authorized to enforce the provisions of the title or ordinance in which the civil infraction is established.
F. “Infraction Rules for Courts of Limited Jurisdiction” means those rules that govern the procedure in courts of limited jurisdiction for cases involving infractions, as adopted by the Washington Supreme Court, as may now exist or hereafter be amended.
G. “Notice of infraction” means a form prescribed by the Administrative Office of the Courts pursuant to Rule 2.1 of the Infraction Rules for Courts of Limited Jurisdiction.
H. “Omission” means the failure to act.
I. “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.
J. “Person responsible for the violation” means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission that is a civil violation, or causes or permits a civil violation to occur or remain upon property in the city; and includes but is not limited to the owner(s), lessor(s), tenant(s), contractor performing work on behalf of the owner(s) or other person(s) entitled to control, use and/or occupancy of the property where a civil violation may occur. More than one person may be responsible for a violation.
K. “Prosecuting attorney” means the Burlington city attorney, or the city attorney’s delegate.
L. “Regulation” means and includes the following as now or hereafter amended:
1. BMC Title 5, Business Licenses and Regulations; Title 6, Animals; Title 8, Health and Safety; Title 12, Streets, Sidewalks and Public Places; Title 13, Public Services; Title 14, Environmental Regulations; Title 14A, Land Use Decisions; Title 15, Buildings and Construction; Title 16, Subdivisions; and Title 17, Comprehensive Zoning Ordinance;
2. All standards, regulations and procedures adopted pursuant to the above;
3. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city; and
4. Any state or federal statute, administrative rule, or order explicitly adopted by the Burlington city council pursuant to the foregoing.
M. “Violation” means an act or omission contrary to a city of Burlington regulation, including an act or omission at the same or different location by the same person, and including a condition resulting from such act or omission. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.030 Voluntary compliance.
A. Applicability. This section applies whenever the enforcement officer has probable cause to believe, and does believe, that a violation of a regulation has occurred or is occurring.
B. General. An enforcement officer may pursue voluntary correction of a violation when, in the enforcement officer’s judgment, such efforts are likely to be successful.
C. Issuance of Voluntary Compliance Agreement. A voluntary compliance agreement may be entered into between the person responsible for the violation and the city, acting through the mayor. For the purposes of this chapter, the mayor is hereby authorized to enter into such voluntary compliance agreements on behalf of the city. The voluntary compliance agreement is a contract between the city and the person responsible for the violation in which such person agrees to abate the violation within a specified time and according to specified conditions. All voluntary compliance agreements shall be approved by the city attorney or the city attorney’s delegate before becoming effective.
1. Content. The voluntary compliance agreement shall include the following:
a. The name and address of the person responsible for the violation;
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon which or within which the violation has occurred or is occurring;
c. A description of the violation and a reference to the provision(s) of the regulation that has been violated;
d. The necessary corrective action to be taken, and a date and time by which the corrective action must be completed; and
e. An agreement by the person responsible for the violation that the city of Burlington may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if all terms of the voluntary compliance agreement are not met.
2. Extension/Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the enforcement officer if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
3. Abatement by the City. The city may abate the violation in accordance with BMC 1.34.050 and 1.34.060 if the terms of the voluntary compliance agreement are not met.
4. Collection of Costs. If the terms of the voluntary compliance agreement are not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter in accordance with BMC 1.34.050, plus any costs and expenses of abatement, as set forth in BMC 1.34.050 or 1.34.060. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.040 Notice of civil infraction.
A. Generally. An infraction proceeding is initiated by the issuance, service, and filing of a notice of infraction as set forth in this section, RCW 7.80.050, and in accordance with the Infraction Rules for Courts of Limited Jurisdiction. In the event of a conflict between this chapter and RCW 7.80.050 or the infraction rules, the infraction rules or RCW 7.80.050 shall prevail. An infraction is issued on the date the infraction is signed by the enforcement officer or prosecuting authority.
B. Who May Issue. A notice of infraction may be issued upon certification that the issuer has probable cause to believe, and does believe, that a person has committed an infraction contrary to law:
1. By an enforcement officer. The infraction need not have been in the officer’s presence, except as provided by statute; or
2. By the prosecuting authority.
C. Content. The notice of infraction shall include the following information:
1. The name, address, and phone number of the court where the notice of infraction is to be filed;
2. The name, address, date of birth, sex, and physical characteristics of the defendant;
3. The infraction which the defendant is alleged to have committed and the accompanying statutory citation or ordinance number, the date, time, and place the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the enforcement officer;
4. A statement that the defendant must respond to the notice of infraction within 15 days of issuance;
5. The monetary penalty which respondent may pay in lieu of appearing in court;
6. A statement that a mailed response must be mailed not later than midnight on the day the response is due;
7. The statements required by RCW 46.63.060 or other applicable statute; and
8. Any additional information determined necessary by the administrator for the courts.
D. Service and Filing of Notice. A notice of infraction may be served either by:
1. The enforcement officer serving the notice of infraction on the person named in the notice of infraction at the time of issuance;
2. The enforcement officer or the prosecuting authority filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his or her address. If a notice of infraction served by mail is returned to the court as undeliverable, the court shall issue a summons.
3. Filing of Notice. When a notice of infraction has been issued, the notice shall be filed with a court having jurisdiction over the infraction or with a violations bureau subject to such court’s supervision. The notice must be filed within five days after issuance of the notice, excluding Saturdays, Sundays, and holidays. In the absence of good cause shown, a notice of infraction not filed within the time limits of this section shall, upon motion, be dismissed without prejudice.
E. Final Determination. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in the Infraction Rules for Courts of Limited Jurisdiction. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.050 Monetary penalty.
A. Penalty Schedule. A person found to have committed a civil infraction shall be assessed a monetary penalty. The maximum monetary penalty for each separate violation per day or portion thereof shall be as follows:
1. First day of each violation (the first day is the date of issuance): $100.00;
2. Second day of each violation: $200.00;
3. Third day of each violation: $300.00;
4. Fourth day of each violation: $400.00;
5. Each additional day of each violation beyond four days: $500.00 per day.
B. Joint and Several Liability. More than one person, firm, corporation, association or agent may be found responsible for a single violation. The court may impose a monetary penalty for each violation as a joint and several penalty, or individually.
C. Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the notice of infraction was issued of the duty to correct the violation. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.060 Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by this code, except as precluded by law. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.070 Conflicts.
The provisions of the penal code, BMC Title 9, do not apply to this title. (Ord. 1851 § 3 (Exh. C), 2018).
1.34.080 Severabilty.
If any one or more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 1851 § 3 (Exh. C), 2018).
Prior legislation: Ord. 1760.