Chapter 19.52
VIOLATIONS AND ENFORCEMENT
Sections:
19.52.010 Violations unlawful.
19.52.020 Violation deemed misdemeanor.
19.52.030 Continued violations—Remedies and penalties.
19.52.050 Enforcement and administration.
19.52.060 Violations – Penalties.
19.52.010 Violations unlawful.
Violations of, or failure to comply with, the provisions of this title are declared to be unlawful. (Ord. 2158 § 1 (part), 2005).
19.52.020 Violation deemed misdemeanor.
Violation of the provisions of this title or failure to comply with any of its requirements shall constitute a misdemeanor and such violation shall be punished as provided by the statutes of the state for the commission of a misdemeanor. Each day such violation continues shall be considered a separate offense. (Ord. 2158 § 1 (part), 2005).
19.52.030 Continued violations—Remedies and penalties.
An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation or defects.
A. In addition to the civil proceedings authorized to enforce this title and in addition to any fine or penalty provided, continuing violations of this title may be enjoined, ordered or abated in civil proceedings for injunction, abatement or other relief.
B. The city attorney, on behalf of the city, may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided by this chapter or as otherwise provided by law to enforce compliance and to recover damages for violations.
C. Any person, firm, or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney’s fees. These expenses are accumulative and in addition to any penalties or other remedy available. (Ord. 2158 § 1 (part), 2005).
19.52.040 Persons liable.
Any person who participates in the transfer, sale, agreement to sell, or lease of land in violation of the requirements of this title; and, any person who files or records a short subdivision or final plat in violation with this title; and, any person who fails to comply with any condition of approval of a short subdivision, final plat, binding site plan or boundary line adjustment; and, any person who maintains, after notice, a violation of this title may be held jointly liable in any civil action brought to enforce the provisions of this title. (Ord. 2158 § 1 (part), 2005).
19.52.050 Enforcement and administration.
A. General Provisions. The director is authorized and directed to enforce the provisions of this title. The director shall, either upon complaint or initiative, investigate potential violations of this title. It shall also be the duty of the police department and all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions.
B. Entrance onto Private Property. Whenever necessary to make an inspection, to enforce any of the provisions of this title, or whenever the director has reasonable cause to believe that a violation of this title exists or is occurring on any property, the director and/or his/her designee may, at reasonable hours, enter onto such property to inspect the same or to perform any duty imposed by this title. The right of entry authorized by this section extends to any employee, officer, or person in the company of the director and/or his/her designee.
C. Stop Orders. The director may issue an order to stop activity for any activity being established or any improvement being erected or altered which does not conform to this title.
1. The director shall prominently post this order on the subject property and make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property, or the person causing the activity to be established or conducted or the improvement to be erected or altered.
2. When any order to stop activity has been posted on the subject property, it is unlawful for any person with active or constructive knowledge of the order to conduct the activity covered by the order until the director has removed the posted copy of the order and issued a written authorization for the activity to be continued.
3. The issuance of an order to stop activity may be appealed to the city council, but such orders shall remain in force and effective during the pendency of such appeal, unless the director issues an interim or final order staying or lifting the order to stop activity. (Ord. 2158 § 1 (part), 2005).
19.52.060 Violations – Penalties.
Any person offering to sell, contracting to sell or selling land contrary to the provisions of these subdivision regulations shall be punished as provided by RCW 35.23.440. (Ord. 2158 § 1 (part), 2005).