Chapter 18.60
ENFORCEMENT
Sections:
18.60.005 Right of entry, investigation and notice of violation.
18.60.009 Review by hearing examiner.
18.60.010 Penalties – Zoning code violations.
18.60.020 Penalties – Subdivision violations.
18.60.030 Penalties – Shoreline master program violations.
18.60.001 Purpose.
The purpose of this chapter is to establish an efficient procedure for enforcement of zoning, subdivision and shoreline code violations. [Ord. 335 § 4, 1998]
18.60.002 Scope.
The procedures set forth in this chapter shall be utilized to enforce violations of HPMC Titles 17 and 18. [Ord. 335 § 4, 1998]
18.60.003 Violations.
(1) It is unlawful for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the town without first obtaining the permits or authorizations required for the use by the applicable provisions of HPMC Titles 17 and 18 and the town’s shoreline master program.
(2) It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the town in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions HPMC Title 17 or 18 or the shoreline master program.
(3) In addition to the above, it is unlawful to:
(a) Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;
(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 an order to cease activity issued under this chapter;
(d) Fail to comply with any of the applicable provisions of HPMC Title 17 or 18; and
(e) Fail to conform to the terms of a shoreline substantial development permit, conditional use permit, variance or other permit issued pursuant to the town’s shoreline master program, or undertake a development or use on shorelines without first obtaining a shoreline substantial development permit, or fail to comply with a cease and desist order issued pursuant to Section X(l) of the shoreline master program; provided, that the person in violation first receives the following information in writing:
(i) A description of the condition that is not in compliance and a specific citation to the applicable law or rule;
(ii) A statement of what is required to achieve compliance;
(iii) The date by which the compliance is to be achieved;
(iv) Notice of the manner in which to contact the building official or town enforcement officer;
(v) Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed. [Ord. 335 § 4, 1998]
18.60.004 Enforcement.
(1) The building official shall have the responsibility for enforcement of this chapter. The building official may call upon the police, fire, building, public works or other appropriate town departments to assist in enforcement. As used in this chapter, “building official” shall also mean his or her duly authorized representative.
(2) 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.
(3) 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 HPMC Titles 17 and 18, and for compliance with the shoreline master program.
(4) No provision of or any term used in this chapter is intended to impose any duty upon the town or any of its officers or employees which would subject them to damages in a civil action. [Ord. 335 § 4, 1998]
18.60.005 Right of entry, investigation and notice of violation.
Upon presentation of proper credentials, the building official may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, or other court order, enter at reasonable times any building or premises subject to the consent, warrant, or other court order in order to perform the duties imposed by this chapter.
(1) Investigation. The building official shall investigate any structure or use which the building official reasonably believes does not comply with the applicable standards and requirements of HPMC Title 17 or 18.
(2) Notice of Violation. Whenever a building official or other official of the town has found or determined that any building, structure, premises, or land is being used or maintained in violation of HPMC Title 17 or 18 or the shoreline master program, the building official or town attorney may issue a notice of violation directed to the record owner of the violating property and to such other persons as may be causing or contributing to such violation. The notice of violation shall contain the following information:
(a) A separate statement of each standard, code provision or requirement violated;
(b) The date(s) of the violation;
(c) What corrective action, if any, is necessary to comply with the standards, code provision or requirements;
(d) A reasonable time for compliance;
(e) A statement that a cumulative civil penalty in the amount established by HPMC 18.60.010 shall be assessed against the persons to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues, and/or a statement that if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution;
(f) For shoreline violations, the notice shall reference previous notices and failures to comply, and the acts constituting a violation of any cease and desist orders issued pursuant to Section X(1) of the shoreline master program.
(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 building official 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 town’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 section shall be deemed to limit or preclude any action or proceeding pursuant to HPMC 18.60.007, Stop work order; 18.60.008, Emergency order; cease and desist order under the shoreline master program; criminal prosecution and/or for the additional and injunctive relief described in HPMC 18.60.010 through 18.60.030; or any other legal or equitable relief available under law.
(6) Optional Notice to Others. The building official may mail, or cause to be delivered to any or all residential and/or nonresidential rental unit(s) 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. 467 § 79, 2008; Ord. 335 § 4, 1998]
18.60.006 Time to comply.
(1) Determination of Time. When calculating a reasonable time for compliance, the building official 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 town administrator for hearing before the hearing examiner in accordance with HPMC 18.60.009(1), the notice of violation shall become the final order of the town. A copy of the notice shall be filed with the King County department of records and elections. The town administrator may choose not to file a copy of the notice or order if the notice or order is directed only to a person responsible for the violation, other than the owner of the property. [Ord. 335 § 4, 1998]
18.60.007 Stop work order.
Whenever a continuing violation of HPMC Title 17 or 18 will materially impair the town’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the building official may 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. 335 § 4, 1998]
18.60.008 Emergency order.
Whenever any use or activity in violation of HPMC Title 17 or 18 threatens the health and safety of the occupants of the premises or any member of the public, the building official 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. 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 town administrator 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. 335 § 4, 1998]
18.60.009 Review by hearing examiner.
(1) The person incurring the penalty described in a notice of violation issued by the building official pursuant to HPMC 18.60.005, except for violations of the shoreline master program, may request an appeal hearing 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 town 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 town administrator shall schedule an appeal hearing before the hearing examiner. Notice of the appeal shall be sent to the appellant and/or the person(s) named on the notice of violation under the procedures described in HPMC 18.60.005(3). The cumulative civil penalty provided for in the Hunts Point Municipal Code as now or hereafter amended shall not accrue during the pendency of an administrative appeal; however, if the examiner finds that the appeal is frivolous or intended to delay compliance with the applicable code provisions, the examiner may impose the per diem penalty from the date of service of the notice of violation.
(2) Ten days’ notice of the hearing before the examiner shall be given to the appellant.
(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 written decision within 10 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the notice of violation under the same procedures described in HPMC 18.60.005, and mailed to the complainant, if possible, and filed against the property with the King County department of records and elections.
(5) The decision of the hearing examiner shall be final and conclusive unless appealed according to the procedures in this section. In order to appeal the decision of the hearing examiner, a person with standing to appeal a decision must file a land use petition as provided in Chapter 36.70C RCW, within 21 days of the issuance of the hearing examiner’s decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. [Ord. 467 § 80, 2008; Ord. 335 § 4, 1998]
18.60.010 Penalties – Zoning code violations.
(1) Civil Penalty.
(a) Any person violating or failing to comply with the provisions of the Hunts Point zoning code (HPMC Title 18), unless otherwise provided in the code, shall be subject to a cumulative penalty in the amount of $500.00 per day for each violation from the date set for compliance, until compliance with the notice of violation or order is achieved.
(b) In addition to any penalty which may be imposed by the town, any person violating or failing to comply with any of the provisions of HPMC Title 18, unless otherwise provided in the code, shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.
(c) The penalty imposed by this section shall be collected by civil action brought in the name of the town. The building official shall notify the town attorney in writing of the name of any person subject to the penalty, and the town attorney shall, with the assistance of the town administrator, take appropriate action to collect the penalty. The seeking or granting of remedies shall neither stay nor terminate the accrual of additional per diem penalties so long as violation continues.
(d) The violator may show as full or partial mitigation of liability that the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or 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.
(2) Additional Relief. The town may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of HPMC Title 18 when civil or criminal penalties are inadequate to effect compliance. [Ord. 467 § 82, 2008]
18.60.020 Penalties – Subdivision violations.
Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of Chapter 58.17 RCW or HPMC Title 17 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. Each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of Chapter 58.17 RCW or HPMC Title 17 shall be deemed a separate and distinct offense. [Ord. 467 § 83, 2008]
18.60.030 Penalties – Shoreline master program violations.
(1) Penalties for shoreline master program violations shall not exceed $1,000 for each violation. Each day of violation shall constitute a separate violation.
(2) Any person who, through an act of commission or omission, aids or abets in a violation, shall be considered to have committed a violation for the purposes of the civil penalty.
(3) Civil penalties shall be imposed by a notice in writing, provided in compliance with HPMC 18.60.005(2).
(4) Any person who is in violation of the shoreline master program may apply, in writing, within 30 days of receipt of the notice of penalty, for remission or mitigation of such penalty. Upon the receipt of the application, the town may remit or mitigate the penalty only upon demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.
(5) When a penalty is imposed jointly by the Department of Ecology and the town, it may be remitted or mitigated only upon such terms as both the Department and the town agree.
(6) Appeal of Civil Penalty. Persons incurring a penalty may appeal the same to the hearing examiner and to the shorelines hearings board. Appeals to the shorelines hearings board are adjudicatory proceedings subject to the provisions of Chapter 34.05 RCW. Appeals shall be filed within 30 days of receipt of notice of penalty unless an application for remission or mitigation is filed. If such application is made, appeals shall be filed within 30 days of receipt of the decision regarding remission or mitigation.
(7) Penalties Due. Penalties imposed under this section shall become due and payable 30 days after receipt of notice imposing the same unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the hearing examiner’s decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable upon completion of all review proceedings and upon the issuance of a final decision confirming the penalty in whole or in part. If the amount of a penalty owed is not paid within 30 days after it becomes due and payable, the town shall take actions necessary to recover such penalty. [Ord. 467 § 84, 2008]