Chapter 25.185
ENFORCEMENT
Sections:
25.185.030 Investigation and notice of violation.
25.185.070 Review by hearing examiner.
25.185.090 Criminal penalties.
25.185.110 Subdivision violations.
25.185.010 Violations.
(1) It is a violation of land use code and/or subdivision code, this title and/or DMC Title 24, 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 DuPont without first obtaining the permits or authorizations required for the use by the aforementioned codes.
(2) It is a violation of the land use code and subdivision code, this title and/or DMC Title 24, 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 DuPont in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned codes; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
(3) In addition to the above, it is a violation of the land use code and subdivision code, this title and/or DMC Title 24, to:
(a) Remove or deface any sign, notice, complaint or order required by or posted in accordance with the aforementioned codes;
(b) Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization;
(c) Fail to comply with any of the requirements of the land use code and subdivision code, this title and/or DMC Title 24. (Ord. 02-707 § 1)
25.185.020 Duty to enforce.
(1) It shall be the duty of the planning director to enforce this chapter. The planning director may call upon the police, fire, building, public works or other appropriate city departments to assist in enforcement. As used in this chapter, “planning director” shall also mean his or her duly authorized representative.
(2) Upon presentation of proper credentials, the planning 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 this title and/or DMC Title 24.
(3) 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.
(4) 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 this title and/or DMC Title 24.
(5) 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. 02-707 § 1)
25.185.030 Investigation and notice of violation.
(1) Investigation. The planning director shall investigate any structure or use that the planning director reasonably believes does not comply with the standards and requirements of this title and/or DMC Title 24.
(2) Notice of Violation. If after investigation the planning director determines that the standards or requirements of this title and/or DMC Title 24 have been violated, the planning 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:
(a) A separate statement of each standard, code provision or requirement violated;
(b) What corrective action, if any, is necessary to comply with the standards, code provision or requirements;
(c) A reasonable time for compliance;
(d) A statement that (for land use code violations), if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in DMC 25.185.090.
(3) 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 planning director makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
(a) Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and
(b) 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.
(4) Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
(5) Other Actions May Be Taken. Nothing in this chapter shall be deemed to limit or preclude any action or proceeding pursuant to DMC 25.185.050, 25.185.060, 25.185.080, 25.185.090, 25.185.100 or 25.185.110.
(6) Optional Notice to Others. The planning 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.
(7) Amendment. A notice or order may be amended at any time in order to:
(a) Correct clerical errors; or
(b) Cite additional authority for a stated violation. (Ord. 02-707 § 1)
25.185.040 Time to comply.
(1) Determination of Time. When calculating a reasonable time for compliance, the planning director shall consider the following criteria:
(a) The type and degree of violation cited in the notice;
(b) The stated intent, if any, of a responsible party to take steps to comply;
(c) The procedural requirements for obtaining a permit to carry out corrective action;
(d) The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
(e) Any other circumstances beyond the control of the responsible party.
(2) Order Becomes Final Unless Appealed. Unless an appeal is filed with the planning director for hearing before the hearing examiner in accordance with DMC 25.175.010(4), the notice of violation shall become the final order of the planning director. A copy of the notice shall be filed with the Pierce County auditor. The planning 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. 02-707 § 1)
25.185.050 Stop work order.
Whenever a continuing violation of this code will materially impair the planning director’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the planning 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. 02-707 § 1)
25.185.060 Emergency order.
(1) Whenever any use or activity in violation of this title and/or DMC Title 24 threatens the health and safety of the occupants of the premises or any member of the public, the planning 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.
(2) 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 planning 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. 02-707 § 1)
25.185.070 Review by hearing examiner.
(1) Notice of Violation (Criminal Penalties). There is no administrative appeal of a notice of violation issued pursuant to DMC 25.185.030 for violations described in DMC 25.185.090, which subject the violator to criminal prosecution and/or the imposition of criminal penalties.
(2) Notice of Violation (Civil Penalties). Any person significantly affected by or interested in a notice of violation issued by the planning director pursuant to DMC 25.185.090 for a violation of the codes in this title which subject the violator to civil prosecution may obtain an appeal of the notice by requesting such appeal within 15 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 building official shall forward the request to the office of the hearing examiner, pursuant to Chapter 25.175 DMC.
(3) At or after the appeal hearing, the hearing examiner may:
(a) Sustain the notice of violation;
(b) Withdraw the notice of violation;
(c) Continue the review to a date certain for receipt of additional information;
(d) Modify the notice of violation, which may include an extension of the compliance date.
(4) The hearing examiner 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 department of records and elections of Pierce County.
(5) The decision of the hearing examiner shall be final, and no further administrative appeal may be filed. In order to appeal the decision of the hearing examiner, a person with standing to appeal must make application for a land use petition under Chapter 36.70C RCW within 21 days of the issuance of the examiner’s decision. (Ord. 02-707 § 1)
25.185.080 Civil penalty.
(1) 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 this title shall be subject to a cumulative penalty in the amount of $50.00 per day for each violation from the date set for compliance until compliance with the order is achieved.
(2) The penalty imposed by this section shall be collected by civil action brought in the name of the city. The planning 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 planning director, take appropriate action to collect the penalty.
(3) The violator may show as full or partial mitigation of liability:
(a) That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
(b) 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 defendant. (Ord. 02-707 § 1)
25.185.090 Criminal penalties.
(1) Any person violating or failing to comply with any of the provisions of this title and who has had a judgment entered against him or her pursuant to DMC 25.185.080 or its predecessors within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation 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 this title shall constitute a separate offense.
(2) The above criminal penalty may also be imposed:
(a) For any other violation of this title for which corrective action is not possible; and
(b) For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this title. (Ord. 02-707 § 1)
25.185.100 Additional relief.
The planning 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 this title when civil or criminal penalties are inadequate to effect compliance. (Ord. 02-707 § 1)
25.185.110 Subdivision violations.
(1) Any person, firm, corporation or association or any agency of any person, firm, corporation or association who violates any provision of DMC Title 24, Subdivisions, relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of DMC Title 24, Subdivisions, shall be deemed a separate and distinct offense.
(2) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of DMC Title 24, Subdivisions, or any term or condition of plat approval prescribed for the plat by the city, then the city attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of DMC Title 24, or with such terms and conditions. The costs of such action shall be taxed against the violator. (Ord. 02-707 § 1)