Chapter 15.72 ADMINISTRATIVE ENFORCEMENT PROGRAM

The city council of the city of Grandview finds that enforcement of the Grandview Municipal Code and applicable state codes is an important public activity. Code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The city council recognizes that code enforcement is effective only when done quickly and fairly. The city council further finds that an enforcement system that allows a combination of judicial and administrative remedies is effective in correcting violations. (Ord. 2010-10 § 2).

15.72.020 Scope.

The provisions of this chapter may be applied to all violations of the Grandview Municipal Code or applicable state codes which occur within the city of Grandview. This chapter establishes an additional remedy that may be used by the city to achieve compliance with applicable codes. Applicable provisions of the city code and state codes include, but are not limited to, the following:

A. Occupancy violation and uniform building/housing codes, GMC Titles 15 and 17;

B. Illegal accessory dwelling, GMC Titles 15 and 17;

C. Junk vehicles, Chapter 8.24 GMC;

D. Graffiti, Chapter 8.24 GMC;

E. Weeds, Chapter 8.24 GMC;

F. Trash, junk, littering, nuisances, GMC Title 8;

G. International Property Maintenance Code, Chapter 15.54 GMC;

H. Signs, Chapter 15.16 GMC;

I. Fences and obstructions at intersections, Chapter 15.50 GMC;

J. No building permit, no business license, GMC Titles 15 and 5;

K. Home occupation, GMC Title 17;

L. Non-permitted uses, GMC Title 17;

M. Cross connection control, Chapter 13.18 GMC;

N. Downtown design standards, Chapter 15.06 GMC. (Ord. 2010-10 § 2).

15.72.030 Existing law continued.

The provisions of this chapter shall not invalidate any other title, chapter or ordinance of the Grandview Municipal Code, but shall be read in conjunction with those titles, chapters and ordinances, and shall be used as an additional remedy for enforcement of violations thereof. (Ord. 2010-10 § 2).

15.72.040 Criminal prosecution.

The City shall have sole discretion in deciding whether to file a civil or criminal judicial case or pursue an administrative enforcement action for the violation of any of its ordinances or applicable code requirements. The enactment of this chapter shall not be construed to limit the city’s right to prosecute any violation as a criminal offense. If the city chooses to file both an administrative action and criminal charges for the same violation on the same day, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available. (Ord. 2010-10 § 2).

15.72.050 Severability.

If any section, subsection, sentence, clause, phrase, portion, or provision of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, portion, or provision thereof, regardless of the fact that any one or more of sections, subsections, sentences, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter. (Ord. 2010-10 § 2).

15.72.060 Civil liability.

By establishing performance standards or by establishing obligations to act, it is the intent of the city council that city employees and officers are exercising discretionary authority in pursuit of an essential government function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability. (Ord. 2010-10 § 2).

15.72.070 General rules of interpretation.

For purposes of this chapter:

A. Any gender includes the other gender.

B. “Shall” is mandatory; “may” is permissive.

C. The singular number includes the plural, and the plural the singular.

D. Words used in the present tense include the past and future tense and vice versa.

E. Words and phrases used in this chapter and not specifically defined shall be construed according to the context and ordinary usage of the language.

F. Unless otherwise specified, the terms “hereof,” “herein,” and similar terms refer to this chapter as a whole. (Ord. 2010-10 § 2).

15.72.080 Definitions applicable to this chapter generally.

In the construction of this chapter, the following words and phrases shall be defined as set forth in this section unless a different meaning is specifically defined elsewhere in this chapter and specifically stated to apply:

A. “Property violation notice” means a notice issued to a responsible person which gives notice of a violation.

B. “Notice to abate” means an order issued by enforcement officer, when the responsible person does not comply with the property violation notice. The order may include an order to abate the violation, pay civil fees and administrative costs, or take any other action as authorized or required by this chapter and applicable city and state codes.

C. “City” means the city of Grandview, including the city administrator and all other employees of the city.

D. “Director” means the public works director or his designee.

E. “Enforcement official” means any person authorized by the city to enforce violations of the Grandview Municipal Code or applicable state codes, including but not limited to, police officers, building inspection officials and fire marshal.

F. “Hearing examiner” means the person appointed by the city administrator to preside over administrative enforcement hearings.

G. “Imminent life safety hazard” means any condition that creates a serious and immediate danger to life, property, health, or public safety.

H. “Notice of compliance” means a document or form approved by the director that indicates that a property complies with the requirements outlined in a notice of violation.

I. “Notice of emergency abatement” means a written notice that informs a responsible person of emergency abatement actions taken by the city and the costs of those actions and orders payment of those costs.

J. “Notice of itemized bill for costs” means a written notice to a responsible person, itemizing the city’s costs and ordering payment of those costs.

K. “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, sergeant, officer or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.

L. “Property owner” means the record owner of real property as shown on the records of the Yakima County assessor.

M. “Responsible party” means the person(s) determined by the city who is responsible for causing or maintaining a violation of the Grandview Municipal Code or applicable state codes. The term “responsible party” shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of the Grandview Municipal Code or applicable state codes.

N. “Written” includes handwritten, typewritten, photocopied, computer printed or facsimile. (Ord. 2010-10 § 2).

15.72.090 Acts include causing, aiding and abetting.

Whenever any act or omission is made unlawful in this chapter, it shall include causing, permitting, aiding, or abetting such act or omission. (Ord. 2010-10 § 2).

15.72.100 Notification and service of notice requirements.

A. Whenever a violation is observed or reported to the code enforcement officer, the code enforcement officer or his designee shall serve notice to the responsible person and advise such person of the violation and the steps necessary to remedy the violation.

B. Whenever a notice is required to be given under this chapter, the notice shall be served by one or any, in combination, of the following methods, unless different provisions are otherwise specifically stated to apply:

1. Occupied Premises. Notices shall be posted on the premises by attachment to the front door or attached to a solid structure in the front yard area; and/or sent by regular mail, postage prepaid, to the address on file for the mailing of the utility account.

2. Vacant Premises. Notices shall be posted on the premises and mailed to the last known address of the owner on file with the Yakima County assessor’s office.

3. Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the public works director.

C. Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.

D. Service by regular mail in the manner set forth above shall be deemed effective on the third day after the date of mailing.

E. Service by more than one means (i.e., combination of posting and service by mail) shall be deemed served on the earliest date of effective service (i.e., on date of posting).

F. Notwithstanding anything herein to the contrary, under the following circumstances, the code enforcement officer is authorized to (1) issue a civil infraction, and (2) assess a penalty in an amount not to exceed $500.00, without providing advance notice to the responsible person:

1. When an emergency exists; or

2. When a repeat violation occurs; or

3. When the violation creates a situation or condition which cannot be corrected; or

4. When the person knows or reasonably should have known that the action is in violation of a city regulation or ordinance.

5. Upon determining the existence of a Class A nuisance as defined in Chapter 8.24 GMC. (Ord. 2016-12 § 1; Ord. 2012-17 § 1; Ord. 2010-10 § 2).

15.72.110 General enforcement authority.

Whenever an enforcement official finds that a violation of the city code or applicable state codes has occurred or continues to exist, he may undertake any of the procedures herein. The director or any designated enforcement official shall have the authority to gain compliance with the provisions of such codes subject to the provisions of this chapter. Such authority shall include the power to issue notices of violation and citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this chapter, city codes and state law. The city administrator is authorized to adopt policies and procedures implementing the provisions of this chapter. (Ord. 2010-10 § 2).

15.72.120 Authority to inspect.

Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to ascertain whether the provisions of city codes or applicable state codes are being obeyed and to make any reasonable examination or survey necessary to determine compliance with such codes and law. This may include the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be done in a reasonable manner. If a property owner refuses to allow an enforcement official to enter the property, the enforcement official shall obtain a search warrant before entering the property. (Ord. 2010-10 § 2).

Article II. Administrative Enforcement Hearing Procedures

15.72.200 Administrative enforcement hearings.

It is the purpose and intent of the city council that any responsible person shall be afforded due process of law during the enforcement process. Due process of law shall require adequate notice and an opportunity to request and to participate in any hearing. The following procedures are intended to establish a forum to resolve and correct violations of the city codes and applicable state codes fairly, quickly and efficiently while providing due process. Any appeal of a decision made hereunder shall be made pursuant to Chapter 2.50 GMC. (Ord. 2010-10 § 2).

Article III. Administrative Abatement

15.72.300 Administrative abatement.

Any condition caused, maintained, or permitted to exist in violation of any provision of the city code or applicable state codes may be abated by the city pursuant to the procedures set forth in this chapter. Violations within public ways or rights-of-way shall be abated within 24 hours or less. When the city abates violations such as abandoned items or trash on public ways or rights-of-way, abatement costs shall be billed to the utility account for the premises adjoining the right-of-way. (Ord. 2010-10 § 2).

15.72.310 Notice of violation.

A. The code enforcement officer, having knowledge of any Grandview Municipal Code violation, may cause any owner or other responsible person to be notified of the violation on any premises by serving upon the owner or other responsible person, or if the owner or other responsible person is not present by posting a property violation notice on the premises and by mailing a copy of said notice by first class mail postage prepaid to the address of the violation. Said notice shall be substantially in the following form and shall notify the owner or other responsible party to either abate the nuisance within 10 days of the date of the notice, appeal the notice to the city or to enter into a voluntary correction agreement:

PROPERTY VIOLATION NOTICE

To Owner/Occupant in charge of the property located at _____________, the following violations were observed on your property by the Code Enforcement Officer on _____________, 20___:

You have ten (10) calendar days from the date on the bottom of this form to:

1. Abate the violations marked above, OR

2. Appeal this notice in writing to the Code Enforcement Officer and to the City Clerk pursuant to Grandview Municipal Code (GMC) Chapter 2.50 by filing a written statement setting forth fully the grounds for your appeal within ten (10) calendar days from the date of this notice. GMC 2.50.100 provides that all appeals shall be accompanied by a fee of $150.00, OR

3. Contact the Code Enforcement Officer to request a voluntary correction agreement.

B. In the event the owner or other responsible party does not take one of the three steps set forth in the property violation notice within 10 days of the date of the notice, the code enforcement officer shall issue a civil infraction citation with a penalty of not less than $50.00 and not more than $200.00 and the code enforcement officer shall serve upon the owner or other responsible party, or, if the owner or other responsible party is not available, shall post on the premises, a notice to abate unsafe or unlawful condition in the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION

(Name and Address of person notified)

As owner, agent, lessee, or other person occupying or having charge or control of the building, lot or premises at ________ (Parcel Number) you are hereby notified that the undersigned, pursuant to Grandview Municipal Code Chapter _________ of the City of Grandview, has determined that there exists upon or adjoining said premises the following condition(s) contrary to the provisions of subsection ___ of Grandview Municipal Code Section ________.

You are hereby notified to abate said condition to the satisfaction of the undersigned within fourteen (14) days of the date of this notice. If you do not abate such condition within fourteen (14) days, the City will abate the condition at your expense as provided in Grandview Municipal Code Section 15.72.

Should you fail to abate the herein described condition(s) within fourteen (14) days, the Code Enforcement Officer shall serve upon you and file with the Grandview Municipal Court, a civil infraction with a penalty of not less than $200.00 nor more than $500.00, and, in addition, failure to abate the herein described condition within 30 days of the date of this Notice to Abate is a misdemeanor with a maximum penalty of 90 days in jail and a fine of not more than $1,000.00.

Abatement is to be accomplished in the following manner:

__________________________________________________________________________

You are further notified that you have the right to appeal this notice to the Grandview Code Enforcement Officer and to the City Clerk pursuant to Grandview Municipal Code Chapter 2.50 by filing a written statement setting forth fully the grounds for your appeal within five (5) calendar days from the date of this notice. GMC 2.50.100 provides that all appeals shall be accompanied by a fee of $150.00. Further action on the abatement as specified in the original notice shall be stayed pending the decision of the hearing examiner on the appeal.

Dated: ________ By: ____________________

C. Failure by owner or responsible party to either appeal the notice to abate unsafe or unlawful condition within five days of the date of the notice or to abate the condition giving rise to the notice to abate unsafe or unlawful condition within 14 days of the date of the notice shall be a civil infraction. The code enforcement officer may issue a notice of continuing violation and may also issue a civil infraction and penalty not to exceed $500.00.

D. If, seven calendar days following the issuance of a civil infraction and penalty pursuant to subsection C of this section, the conditions giving rise to the issuance of a civil infraction and penalty are not abated and the owner or responsible party has not appealed, the code enforcement officer may issue a notice of continuing violation and issue a civil infraction and penalty not to exceed $500.00. The notice of continuing violation shall be served upon the owner or other responsible party in the manner required by GMC 15.72.100 in the following form:

NOTICE OF CONTINUING VIOLATION

(name and address of person notified)

As owner, agent, lessee, or other person occupying or having charge or control of the building, lot or premises at ________ (Parcel Number) you were issued a Property Violation Notice on _______. You were also issued a Notice to Abate Unsafe or Unlawful Condition on ________. You have not abated the unsafe or unlawful conditions identified in the Property Violation Notice. You did not appeal the Property Violation Notice or the Notice to Abate Unsafe or Unlawful Condition.

You are hereby notified of a continuing violation. If you do not abate such condition within seven (7) days, the City may issue another Notice of Continuing Violation and an additional civil infraction and penalty in an amount up to $500. The City may also abate the condition at your expense as provided in Grandview Municipal Code Chapter 15.72. In addition, failure to abate the herein described condition is a misdemeanor with a maximum penalty of 90 days in jail and a fine of not more than $1,000.00.

Abatement is to be accomplished in the following manner:

__________________________________________________________________________

Dated: ________ By: ____________________

E. The code enforcement officer is authorized to issue a notice of continuing violation in the form identified at subsection D of this section and to issue a civil infraction and penalty in an amount not to exceed $500.00 for each seven-calendar-day period of time during which the owner or responsible party fails to comply with a notice of continuing violation. (Ord. 2016-12 § 2; Ord. 2012-17 § 2; Ord. 2010-10 § 2).

15.72.320 Failure to correct.

It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this section shall be a misdemeanor. (Ord. 2010-10 § 2).

15.72.330 Inspections.

It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $50.00 shall be assessed for each subsequent inspection. (Ord. 2010-10 § 2).

15.72.340 Authority to abate.

The director and any designee or contractor retained by the city for such purposes is hereby authorized to enter upon any property or premises to abate a violation of the city code and applicable state codes. The director shall assess all costs for abatement to the responsible person and may use any remedy available under law to collect such costs, and is authorized to file and record a lien against the subject property in the amount of costs and fees incurred, together with interest at the legal rate. If additional abatement is necessary within two years, treble costs shall be assessed against the responsible person for the actual abatement. (Ord. 2010-10 § 2).

15.72.350 Procedures for abatement.

A. Violations may be abated by city personnel or by a private contractor acting under direction of the city.

B. City personnel or a private contractor may enter upon a private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.

C. When abatement is completed, the director shall prepare a notice of itemized bill of costs.

D. The director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person. The notice shall demand full payment within 20 days to the city finance department. If no timely request for an administrative enforcement hearing is received, the director may file and record a lien against the subject property in the amount of the itemized bill for costs, plus recording fees, with interest at the legal rate. If a timely request for an administrative enforcement hearing is submitted, the director may seek authorization from the hearing examiner to file and record a lien for unpaid costs and/or fees against the subject property in the amount determined appropriate by the hearing examiner. (Ord. 2010-10 § 2).

15.72.360 Procedure for recordation.

A. For violations of city code and applicable state laws, when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an appeal has not been timely requested, the director, as a supplemental notice or remedy for violation, may record the notice of violation with the Yakima County auditor’s office.

B. If an appeal hearing is held, and an administrative enforcement order is issued, or if a city lien for costs and fees incurred for abatement is issued, the director shall record the administrative enforcement order and lien with the Yakima County auditor’s office.

C. The recordation of an administrative enforcement order shall not be deemed an encumbrance on the property, but shall merely place interested persons on notice of any continuing violation found upon the property. (Ord. 2010-10 § 2).

15.72.370 Notice of compliance.

A. When a violation is corrected, a responsible person shall request an inspection from the director.

B. When the director receives such request, the director shall reinspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.

C. The director shall serve a notice of compliance to the responsible person and property owner if the director determines that:

1. All violations listed in the recorded notice of violation or administrative enforcement order have been corrected;

2. All necessary permits have been issued and finalized;

3. All assessed civil fees have been paid; and

4. All assessed administrative fees and costs have been paid.

In the event a notice of violation has been recorded, a notice of compliance will be recorded with the county auditor. (Ord. 2010-10 § 2).

15.72.380 Prohibition against issuance of municipal permits.

The city shall withhold business licenses, permits for home occupation, or permits for any alteration, repair, or construction pertaining to any existing or new structures or signs on the property or any permits pertaining to the use and development of real property or the structure where a violation is located. The city shall withhold such permits until a notice of compliance has been issued by the director. The city shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations. (Ord. 2010-10 § 2).

Article IV. Emergency Abatement

15.72.400 Emergency abatement.

A. Whenever the director determines that a safety hazard exists that requires immediate correction or violations within a structure have not been corrected, the director may exercise the following powers without notice to the responsible person:

1. Order the immediate vacation of any tenants and prohibit occupancy until all repairs are completed;

2. Post the premises as unsafe, substandard, or dangerous;

3. Board, fence or secure the building or site;

4. Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;

5. Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; or

6. Take any other action appropriate to eliminate the emergency.

B. The director may, based on probable cause, enter property without a search warrant or court order to accomplish the above-listed acts. (Ord. 2010-10 § 2).

15.72.410 Procedure.

A. The director shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of a hazard. Costs incurred by the city during the emergency abatement process shall be assessed and recovered against the responsible person.

B. The director may also pursue any other administrative or judicial remedy to abate the remaining violations.

C. After an emergency abatement, the city shall, within 10 days, serve a notice of itemized bill for costs to the responsible person for the abatement action taken. Such notice shall include a description of the imminent life safety hazard. (Ord. 2010-10 § 2).

Article V. Costs and Fees

15.72.500 Purpose.

A. The city council finds that costs incurred by enforcement officials and other city personnel to correct violations should be recovered from the responsible person.

B. The city council further finds that the assessment of costs is an appropriate method to recover expenses incurred for actual costs of abating violations, re-inspection fees, filing fees, attorney fees, hearing examiner fees, title search, and any additional actual costs incurred by the city for each individual case. The assessment and collection of costs shall not preclude the imposition of any judicial fees or fines for violations of the city code or applicable state codes. (Ord. 2010-10 § 2).

15.72.510 Assessment of costs.

Whenever actual costs are incurred by the city to enforce the city code and applicable state codes, such costs shall be assessed against the responsible person and the director shall serve the responsible person with an itemized bill for costs and a reasonable date for payment. (Ord. 2010-10 § 2).

15.72.520 Failure to timely pay costs.

The failure of any person to pay assessed costs by the deadline specified in an invoice shall result in a late fee calculated at the rate of one and one half percent per month. Additionally, the city may file a lien against the subject property for the amount of unpaid costs and/or fees, plus recording fees, with interest at the legal rate. (Ord. 2010-10 § 2).

15.72.530 Administrative cost funds.

Administrative costs and fees collected pursuant to this chapter shall be deposited in a fund existing or as established by the city for the enhancement of the city’s code enforcement efforts and to reimburse city departments for costs associated with the administration of this chapter. Fees and costs deposited in this fund shall be allocated pursuant to the city’s budget process and as authorized by applicable law. (Ord. 2010-10 § 2).

15.72.540 Allocation of civil fees.

Civil fees collected pursuant to this chapter shall be deposited in the city general fund. Civil fees deposited in the general fund may be allocated pursuant to the city budget process and as authorized by applicable law. (Ord. 2010-10 § 2).