Chapter 19.96
ENFORCEMENT
Sections:
19.96.030 Provisions for resolving a violation.
19.96.010 Violations.
A. It is a violation of this title for any person, firm, or corporation to commit, initiate, assist in, participate in or maintain the use of any structure, land or property within the city without first obtaining the permits and authorizations required for the use by this title.
B. It is a violation of this title for any person, firm or corporation to use, construct, maintain, locate or demolish any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. It is a violation of this title for any person, firm or corporation to remove or deface any sign, notice, complaint or order required to be posted in accordance with this title or FMC Title 14.
D. It is a violation of this title for any person, firm or corporation to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.
E. It is a violation of this title for any person, firm or corporation to fail to comply with the requirements of this title. (Ord. 1317 § 3, 1998).
19.96.020 Enforcing official.
The director, code enforcement officer or other city employee designated by the director shall be responsible for enforcing the provisions of this title. The enforcing official shall investigate any property which the director reasonably believes does not comply with the standards and requirements of this title. (Ord. 1317 § 3, 1998).
19.96.030 Provisions for resolving a violation.
A. Property Owner Notification. Upon determining that a violation of this title has occurred, the enforcing official shall contact the property owner and may contact any other person, firm or corporation who commits, initiates, assists in, participates in or maintains such violation.
B. Violation Resolution Provisions. In order to resolve a violation, the enforcing official may use one or more of the provisions described below. The issuance of a cease and desist order, administrative order, civil penalty fine, criminal penalty or other enforcement proceeding must be subsequent to or concurrent with the issuance of a notice of violation.
1. Notice of Violation. The enforcing official may issue a notice of violation to the property owner and any other person, firm or corporation who commits, initiates, assists in, participates in or maintains such violation. The notice should, at a minimum:
a. Identify the parties subject to the violation notice;
b. Describe the violation and the date(s) on which the violation was observed;
c. Identify the subject property;
d. Identify the applicable sections of this title that are in violation;
e. Indicate that the decision is appealable and identify the appeal process;
f. Request that the recipient contact the enforcing official within a specified time in order to arrange a resolution to the violation;
g. Indicate that a failure to resolve the violation in a timely manner may result in an enforcement action by the city.
2. Cease and Desist Order. The enforcing official is hereby authorized to issue a cease and desist order to any person, firm or corporation that commits, initiates, assists in, participates in or maintains a violation of this title. The recipient shall cease and desist the specified violation within the time limit specified in such order.
3. Administrative Order. The enforcing official is hereby authorized to issue an administrative order to any person, firm or corporation that commits, initiates, assists in, participates in or maintains a violation of this title. Administrative orders shall specify the required actions by the recipient in order to bring a use, land, property or structure in violation of this title, into lawful compliance. The recipient shall comply with required actions within the time limit specified in such order.
4. Civil Penalty Fine. The enforcing official is hereby authorized to issue a civil penalty fine. Any violation of the provisions of this title shall subject the offender to a civil penalty of $100.00 for each of the first five days that a violation exists and of $500.00 for each subsequent day of violation from the sixth day of the violation. Any person, firm or corporation that commits, initiates, assists in, participates in, or maintains such violation may each be charged with a separate violation and suffer the penalties provided above. The civil penalty constitutes a personal obligation of the offender. The debt shall be collectible in the same manner as any other civil debt owing to the city. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to collect the civil penalty. Payment of any monetary penalty in accordance with this chapter shall not relieve any person of the duty to bring a use, land, property, or structure in violation of this title into lawful compliance.
5. Criminal Penalty. Any person, firm or corporation violating or failing to comply with any of the provisions of this title and who has had a civil penalty entered against him pursuant to subsection (B)(4) of this section within the past five years shall be guilty of a misdemeanor. Each day such violation continues shall be considered a separate offense. Any person, firm or corporation that commits, initiates, assists in, participates in, or maintains such violation may each be charged with a separate violation and suffer the penalties provided above.
6. Nuisance. In addition the civil and criminal penalties of this chapter, a violation of this title shall constitute a nuisance and shall be subject to either the junk vehicle abatement procedure of this chapter, or Chapter 8.04 FMC, Nuisances.
7. Other Proceedings. For any violation of this title, the city, in addition to other remedies, may institute appropriate action, including a petition for injunctive relief, or proceedings to: prevent a violation; correct or abate a violation; prevent the occupancy of a building, structure or land found in violation; or prevent any illegal act, conduct, business or use in or about any building, structure or land found in violation. Nothing herein contained shall prevent the city from taking other lawful action as is necessary to prevent or remedy any violation.
8. Combined Enforcement Provisions. For violations that are an immediate threat to the public health, safety, morals or general welfare, or are repeat violations, or require immediate action to prevent an increase in the severity of the violation, the required notice may be combined with an enforcement order, a penalty or other enforcement provisions described in this section. (Ord. 1532-05 §§ 5, 6, 2005; Ord. 1317 § 3, 1998).
19.96.040 Junk vehicles.
The placement or storage of a junk vehicle or parts thereof (see FMC 19.06.400) on a lot is prohibited unless it is exempt as described in subsection A of this section. In addition to being a violation of this title, the unlawful placement or storage of a junk vehicle shall be considered a public nuisance. A junk vehicle or parts thereof on private property, which is classified as a public nuisance by an enforcing official, is subject to abatement and removal by the city of Fife. The procedure for abating and removing a junk vehicle is as follows:
A. Exemptions. This section shall not apply to:
1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or
2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with a business of a licensed dismantler or licensed vehicle dealer and is screened in accordance with RCW 46.80.130, as amended.
B. Notice Requirement. The notice of violation as described in FMC 19.96.030 shall also:
1. Indicate that the subject vehicle(s) has been declared a public nuisance;
2. Be mailed to the last registered owner of record and the property owner of record; and
3. State that a hearing before the hearing examiner may be requested and that, if no hearing is requested within 15 days of notice mailing, the vehicle will be removed.
C. Hearing Notice Requirement. If a request for hearing as described in subsection B of this section is received within 15 days of notice mailing, a hearing notice giving the time, location and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be sent, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership.
D. Property Owner Denial. The owner of land on which the vehicle is located may appear in person at the hearing or present written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with the property owner’s reasons for denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and the landowner has not subsequently acquiesced to the vehicle’s presence, then the city shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the property owner.
E. Vehicle Removal. After the notice of violation has been given and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.
F. Costs of Removal. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as amended, or the costs may be assessed against the owner of the property on which the vehicle is stored. (Ord. 1593-06 § 79, 2006; Ord. 1317 § 3, 1998).
19.96.050 Appeals.
Appeals of administrative decisions subject to the provisions of this chapter shall comply with the procedure described in FMC 19.94.040. Administrative decisions subject to the provisions of this chapter include, but are not limited to, a notice of violation, cease and desist order, administrative order and civil penalty fine. (Ord. 1317 § 3, 1998).