Chapter 1.10
CIVIL ENFORCEMENT
Sections:
1.10.040 Investigations – Evidence.
1.10.050 Notice of infraction – Service.
1.10.060 Notice of infraction – Form – Contents.
1.10.070 Notice of infraction – Filing – Hearing in district court.
1.10.080 Notice of infraction – Determination infraction committed.
1.10.100 Notice, failure to sign nonappearance – Failure to satisfy penalty.
1.10.110 Representation by attorney.
1.10.120 Infraction – Hearing – Procedure – Burden of proof – Order – Appeal.
1.10.130 Infraction – Explanation of mitigating circumstances.
1.10.140 Monetary penalties – Restitution.
1.10.150 Order of court – Civil nature – Modification of penalty.
1.10.160 Costs and attorney’s fees.
1.10.010 Purpose.
This chapter provides the procedure for the investigation of suspected civil violations and civil enforcement of other city ordinances. (Ord. 1305 NS § 1, 2003).
1.10.020 Applicability.
A. This chapter shall apply to the enforcement of other city ordinances, which specifically reference this chapter.
B. Violations of civil infractions for other ordinances shall be corrected under the provisions of this chapter. (Ord. 1305 NS § 2, 2003).
1.10.030 Enforcement.
Only an authorized official may enforce the provisions of this chapter. For purposes of this chapter, an authorized official is defined as any one of the following:
A. The city of Colville chief of police and his or her authorized representatives shall have the authority to enforce the provisions of this chapter.
B. The director of public works and his or her authorized representatives shall have the authority to enforce the provisions of this chapter.
C. The city attorney shall have authority to enforce the provisions of this chapter and may institute any legal proceedings necessary to enforce the provisions of this chapter.
D. The building and planning department administrative official, or a designee of the administrative official, shall have the authority to enforce the provisions of this chapter.
E. The Colville city council may designate other persons to administer the provisions of this chapter. (Ord. 1401 NS § 1, 2008; Ord. 1305 NS § 3, 2003).
1.10.040 Investigations – Evidence.
An authorized official may investigate alleged or apparent violations of this chapter. In the performance of that investigation, an authorized official may enter upon any land and make examinations and surveys; provided, that such entries, examinations and surveys do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. Upon request of the authorized official, the person allegedly or apparently in violation of this chapter shall provide information identifying themselves. (Ord. 1305 NS § 4, 2003).
1.10.050 Notice of infraction – Service.
Whenever an authorized official determines that a violation has occurred or is occurring, he or she may pursue reasonable attempts to secure voluntary corrections, failing which he or she may issue a notice of infraction. An authorized official may issue a notice of infraction if the authorized official reasonably believes that the provisions of a referenced ordinance have been violated. A notice of infraction may be served either by:
A. The authorized official serving the notice of infraction on the person named in the notice of infraction at the time of issuance; or
B. The authorized official mailing the notice of infraction to the person by regular and certified mail at his/her last known address. Service by mail shall be deemed effective the third day following the day the notice was placed in the mail, excluding Sundays and holidays.
C. If neither personal nor mailed service can be accomplished, a copy of the notice shall be posted conspicuously on the affected property or structure. (Ord. 1305 NS § 5, 2003).
1.10.060 Notice of infraction – Form – Contents.
The notice of infraction shall include the following:
A. A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the termination shall be final unless contested as provided in this chapter;
B. A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
C. A statement of the specific infraction as set forth below has been established for each infraction;
D. A statement that monetary penalties as set forth below has been established for each infraction;
E. A statement of the options provided in this ordinance for responding to the notice and the procedures necessary to exercise these options;
F. A statement that at any hearing to contest the determination that the city has the burden of proving by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses, including the authorized official who issued and served the notice of infraction;
G. A statement, which the person who has been served with the notice of infraction shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;
H. A statement that a person’s failure to respond to a notice of infraction as promised is a misdemeanor and may be punishable by a fine and/or imprisonment in jail. (Ord. 1305 NS § 6, 2003).
1.10.070 Notice of infraction – Filing – Hearing in district court.
A notice of infraction shall be filed in district court within 48 hours of issuance, excluding Saturdays, Sundays, and holidays. Stevens County district court shall have jurisdiction to hear and determine these matters. (Ord. 1305 NS § 7, 2003).
1.10.080 Notice of infraction – Determination infraction committed.
Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction. (Ord. 1305 NS § 8, 2003).
1.10.090 Notice of infraction – Response requesting a hearing – Failure to respond or appear – Order to set aside.
A. A person who receives a notice of infraction shall respond to the notice as provided in this section within 15 days of the date the notice was served.
B. If the person named in the notice of infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records, and a record of the response order shall be furnished to the city.
C. If the person determined to have committed the civil infraction does contest the determination and wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than 90 days from the date of the notice of the hearing, except by agreement.
D. The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction, and may notify the city attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of civil infraction:
1. Fails to respond to the notice of civil infraction as provided in subsection B of this section; or
2. Fails to appear at a hearing requested pursuant to either subsection C or D of this section. If a default judgment is entered, the court shall notify the city of the entry of the default judgment, and the reason therefor. (Ord. 1305 NS § 9, 2003).
1.10.100 Notice, failure to sign nonappearance – Failure to satisfy penalty.
A. A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.
B. Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction; provided, that a written promise to appear in court or a written promise to respond to a notice of civil infraction may be complied with by appearance of counsel.
C. Any person who willfully fails to pay a monetary penalty as required by a court under this chapter may be found in civil contempt of court after notice and hearing. (Ord. 1305 NS § 10, 2003).
1.10.110 Representation by attorney.
A. A person subject to proceedings under this chapter may appear or be represented by counsel.
B. The city attorney representing the city may, but need not, appear in any proceedings under this chapter, notwithstanding any statute or court rule to the contrary. (Ord. 1305 NS § 11, 2003).
1.10.120 Infraction – Hearing – Procedure – Burden of proof – Order – Appeal.
A. A hearing held to contest the determination that an infraction has been committed shall be without a jury.
B. The court may consider the notice of infraction and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court.
C. The burden of proof is on the city to establish the commission of the infraction by a preponderance of evidence.
D. After consideration of the evidence and argument, the court shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court’s records.
E. An appeal from the court’s determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure. (Ord. 1305 NS § 12, 2003).
1.10.130 Infraction – Explanation of mitigating circumstances.
A. A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
B. After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court’s records.
C. There shall be no appeal from the court’s determination or order. (Ord. 1305 NS § 13, 2003).
1.10.140 Monetary penalties – Restitution.
A. A person found to have committed a civil infraction shall be assessed a monetary penalty. All violations of this title shall be denominated Class I civil infractions. The maximum penalty and default amount for a Class I civil infraction shall be $250.00, not including statutory assessments.
B. Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the period of time in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the city attorney of the failure to pay. The court shall also notify the city of the failure to pay the penalty, and the city shall not issue the person any future permits for any work until the monetary penalty has been paid.
C. The court may also order a person found to have committed a civil infraction to make restitution. (Ord. 1305 NS § 14, 2003).
1.10.150 Order of court – Civil nature – Modification of penalty.
A. An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
B. The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. (Ord. 1305 NS § 15, 2003).
1.10.160 Costs and attorney’s fees.
Each party in a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney’s fees may be awarded to either party in a civil infraction case. (Ord. 1305 NS § 16, 2003).
1.10.170 Repeat violations.
This chapter shall be the means of enforcing the city’s ordinances referencing civil violations. If the city attorney finds that civil procedures are not effective, on in the case of a second or subsequent violation, the city attorney may charge the violation as a misdemeanor. (Ord. 1305 NS § 17, 2003).