Chapter 17.80
ENFORCEMENT
Sections:
17.80.006 Investigation and notice of violation.
17.80.002 Violations.
A. It is a violation of CHMC Title 17 for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the city of Clyde Hill without first obtaining the permits or authorizations required for the use by CHMC Title 17.
B. It is a violation of CHMC Title 17 for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city of Clyde Hill in any manner that is not permitted by the terms of any permit or authorization issued pursuant to CHMC Title 17; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. In addition to the above, it is a violation of CHMC Title 17 to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;
2. Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization;
3. Fail to comply with any of the requirements of CHMC Title 17. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.004 Enforcement.
A. The public works director shall be the official responsible for all enforcement proceedings under this title. The public works director may call upon the police, fire, building, public works or other appropriate city departments to assist in enforcement. As used in this chapter, “public works director” shall also mean his or her duly authorized representative.
B. Upon presentation of proper credentials, the public works director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by CHMC Title 17.
C. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of CHMC Title 17.
E. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.006 Investigation and notice of violation.
A. Investigation. The public works director may investigate any structure or use which the public works director reasonably believes does not comply with the standards and requirements of CHMC Title 17.
B. Notice of Violation. If after investigation, the public works director determines that the standards or requirements of CHMC Title 17 have been violated, the public works director shall serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:
1. A separate statement of each standard, code provision or requirement violated;
2. What corrective action, if any, is necessary to comply with the standards, code provision or requirements;
3. A reasonable time for compliance;
4. A statement that if the violation is not already subject to criminal prosecution, that any subsequent violations may result in criminal prosecution as provided in CHMC 17.80.018.
C. Service. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the public works director makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and
2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.
D. Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E. Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to CHMC 17.80.010, 17.80.012, 17.80.018 or 17.80.020.
F. Optional Notice to Others. The public works director may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
G. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.008 Time to comply.
A. Determination of Time. When calculating a reasonable time for compliance, the public works director shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible party.
B. Order Becomes Final Unless Appealed. Unless an appeal is filed with the public works director for hearing before the city council in accordance with CHMC 17.80.014, the notice of violation shall become the final order of the public works director. A copy of the notice shall be filed with the King County department of records and elections. The public works director may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.010 Stop work order.
Whenever a continuing violation of this code will materially impair the public works director’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the public works director shall issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this chapter. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.012 Emergency order.
Whenever any use or activity in violation of CHMC Title 17 threatens the health and safety of the occupants of the premises or any member of the public, the public works director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this chapter.
Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the public works director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.014 Review by mayor.
A. Any person significantly affected by or interested in a notice of violation issued by the public works director pursuant to CHMC 17.80.006 may obtain an appeal of the notice by requesting such appeal within 10 calendar days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the public works director shall forward the request to the mayor.
B. At or after the appeal hearing, the mayor may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information;
4. Modify the notice of violation, which may include an extension of the compliance date.
C. The mayor shall issue a decision within 10 days of the date of the completion of the review and shall cause the same to be mailed by regular first class mail to the person(s) named on the notice of violation, mailed to the complainant, if possible, and filed with the King County department of records and elections.
D. The decision of the mayor shall be final and conclusive. In order to appeal the decision of the mayor, an aggrieved party or person must appeal in accordance with Chapter 36.70C RCW to the King County superior court within 21 days after the mayor’s decision issues. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.
E. Fee. The fee for the appeal under this section shall be set by the resolution of the city council. The appeal fee shall accompany the appeal. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.016 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of CHMC Title 17 shall be subject to a cumulative penalty in the amount of $250.00 per day for each violation from the date set for compliance until compliance with the order is achieved.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The public works director shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the public works director, take appropriate action to collect the penalty. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to collect the civil penalty.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the violator. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.018 Criminal penalties.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of CHMC Title 17 may be subject to criminal prosecution, and upon conviction, shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the provisions of CHMC Title 17 shall constitute a separate offense.
B. The above criminal penalty may also be imposed:
1. For any other violation of CHMC Title 17 for which corrective action is not possible;
2. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of CHMC Title 17; and
3. On any person who violates or fails to comply with any of the provisions of CHMC Title 17 and who has had a judgment entered against him or her pursuant to CHMC 17.80.016 or its predecessors within the past five years. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.020 Additional relief.
The public works director may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of CHMC Title 17 when civil or criminal penalties are inadequate to effect compliance. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to enforce the notice of violation or obtain equitable relief. (Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)