Chapter 11.12 METHODS OF ENFORCEMENT

Chapter 11.12
METHODS OF ENFORCEMENT

Sections:

11.12.010 Enforcement method 1—Voluntary compliance.

11.12.020 Enforcement method 2—Notice of violation and abatement.

11.12.030 Enforcement method 3—Notice of violation, civil penalty, and abatement.

11.12.010 Enforcement method 1—Voluntary compliance.

A. Applicability. When the public official determines that purposes of an ordinance will be best served through a voluntary compliance agreement between the city and the person responsible for a violation of a regulation, the city may enter into such an agreement.

B. Requesting Voluntary Compliance. The public official may, but is not required to, pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation, and requesting correction.

C. Voluntary Compliance Agreement. The voluntary compliance agreement is a contract between the city and the person responsible for the violation. In this contract the person responsible agrees to abate the violation within a specified time and according to specified terms. The voluntary compliance agreement shall include the following:

1. Name and address of the person(s) responsible for the violation;

2. Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

3. Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated;

4. Description of the necessary corrective action(s) required to abate the public nuisance or unsafe condition, and the date(s) and time(s) by which corrective action(s) must be completed;

5. Statement that if any term of the voluntary compliance agreement is not met, the person responsible for the violation agrees the city of Ilwaco may abate the violation and recover its costs and expenses and assess the person responsible a monetary penalty pursuant to this title; and

6. Identification of the department investigating the case, name of the case manager, and contact information.

D. Time Extension. An extension of the time limit for correction or a modification of the required corrective action(s) may be granted by the public official if the official determines the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original terms of the voluntary compliance agreement unattainable.

E. Abatement by the City. The city may abate the violation in accordance with Chapter 11.20 if any term of the voluntary compliance agreement is not met.

F. Assessment of Penalties and Costs. If any term of the voluntary compliance agreement is not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction to be completed as stated in the agreement and thereafter in accordance with Sections 11.12.030D through I, plus any actual costs and expenses of abatement incurred by the city. (Ord. 844 § 1 (part), 2015)

11.12.020 Enforcement method 2—Notice of violation and abatement.

A. Issuance. When a public official has a reasonable belief that a violation has occurred or is occurring, the public official may issue a notice of violation and abatement. This notice shall clearly describe the code violation(s), required corrective action(s) to abate the violation, schedule of performance, and alternative actions available to the responsible party and the city.

B. Contents. The notice of violation and abatement shall contain the following:

1. Name and address of the person responsible for the violation;

2. Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

3. Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated;

4. Description of the necessary corrective action(s) required to abate the public nuisance or unsafe condition, which may include corrections, repairs, demolition, removal, or any other appropriate action;

5. Statement that required corrective action(s) must be taken within thirty (30) calendar days from the date of the notice of violation and abatement, after which the city may abate the public nuisance in accordance with the provisions of this title; except that if the public official determines that a longer time than thirty (30) days is necessary to complete the required corrective action(s), an alternative reasonable, specific time may be set by the public official;

6. Statement that the responsible party to whom a notice of violation and abatement is directed may request an appeal proceeding by the Ilwaco hearing examiner by means of a notice of appeal pursuant to Chapter 11.16. Such notice must be in writing and must be received by the city clerk no later than fourteen (14) calendar days after the notice of violation and abatement has been issued;

7. Statement that if the responsible party to whom the notice of violation and abatement is issued fails to submit a notice of appeal within fourteen (14) calendar days of issuance or fails to voluntarily abate the nuisance within the time specified in the notice of violation and abatement, the city may abate the nuisance;

8. Statement that all actual costs and expenses of abatement incurred by the city may be assessed against the owner of the abated property named in the notice of violation and abatement and, further, that failure to pay said costs may result in a lien against the property; and

9. Identification of the department investigating the case, name of the case manager, and contact information.

C. Service. The notice of violation and abatement must be served upon the person responsible for the violation and, if the owner of the relevant property is not the person responsible for the violation, then also upon the owner. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if service was made by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. Service shall occur using one (1) of the following methods:

1. By mailing, via both regular first class mail and certified mail, to the address of the property owner as indicated in the records of the Pacific County tax assessor, and to the address of the person responsible at their last known address; or

2. By personal service; or

3. If the person to whom it is directed cannot, after due diligence, be personally served within Pacific County and if an address for mailed service cannot, after due diligence, be ascertained, then notice shall be served by posting a copy of the notice of violation and abatement in a prominent location on the affected premises in a conspicuous manner that is reasonably likely to be discovered.

D. Extension. No extension of the time frame for corrective action specified in the notice of violation and abatement or a modification of the required corrective action(s) may be granted, except by order of the public official. Any extension or modification should be granted only if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original terms of the notice unattainable.

E. Abatement by City. The city may abate the violation and collect costs and expenses in accordance with Chapter 11.20 if required corrective action is not completed as specified in the notice of violation and abatement.

F. Monetary Penalties. If the required corrective action is not completed by the responsible party as specified in the notice of violation and abatement and the city does not yet desire to use public resources to abate the property, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction to be completed and thereafter in accordance with Sections 11.12.030D through I, plus any actual costs and expenses of abatement incurred by the city. (Ord. 844 § 1 (part), 2015)

11.12.030 Enforcement method 3—Notice of violation, civil penalty, and abatement.

A. Imposition of Monetary Penalties. Any person who violates any of the provisions of the code references listed in Section 11.04.020, at the discretion of the public official, may be assessed monetary (civil) penalties before the city initiates the abatement process referenced in this title. If the public official determines this alternative process is more likely to result in compliance, the public official may send a notice of violation, followed by imposition of civil penalties and abatement if appropriate.

B. Contents. The notice of violation shall contain the following:

1. Name and address of the person responsible for the violation;

2. Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

3. Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated;

5. Statement that required corrective action(s) must be taken within thirty (30) calendar days from the date of the notice of violation, after which the city may abate the public nuisance in accordance with the provisions of this title; except that if the public official determines that a longer time than thirty (30) days is necessary to complete the required action, an alternative reasonable, specific time may be set by the public official;

6. Statement that abatement procedures, as described in this chapter, may be implemented if civil penalties reach more than one thousand dollars ($1,000.00);

7. Statement that the responsible party to whom a notice of violation is directed may request an appeal proceeding by the Ilwaco hearing examiner by means of a notice of appeal pursuant to Chapter 11.16. Such notice must be in writing and must be received by the city clerk no later than fourteen (14) calendar days after the notice of violation has been issued;

8. Statement that all actual costs and expenses of abatement incurred by the city may be assessed against the owner of the abated property named in the notice of violation and, further, that failure to pay said costs may result in a lien against the property; and

9. Identification of the department investigating the case, name of the case manager, and contact information.

C. Service. The notice of violation must be served pursuant to the procedures described in Section 11.12.020C.

D. Civil Penalty. At the end of the time frame specified in the notice of violation, the property or building will be re-inspected to see if the condition has been completely abated. If the condition has been completely abated, the case will be closed. If the condition has not been completely abated, civil (monetary) penalties will be assessed, as provided in this section, and a notice of civil penalty will be issued to the responsible party and the property owner.

E. Service. The notice of civil penalty shall be served pursuant to the procedures described in Section 11.12.020C.

F. Contents. The notice of civil penalty shall contain the following:

1. Address of the site;

2. Specified time frame for correcting the violation or submitting an acceptable work schedule;

3. Statement that civil penalties have been imposed, setting forth the date such monetary penalties began or will begin, usually the first (1st) day of service;

4. Statement that civil penalties will continue to accumulate in the amounts specified in this chapter until the nuisance or hazard condition is corrected;

5. Abatement procedure(s) that may be implemented by the city if civil penalties in excess of one thousand dollars ($1,000.00) are assessed in trying to correct the condition; and

6. Identification of the department investigating the case, name of the case manager, and contact information.

G. Maximum Monetary Penalty. The maximum monetary (civil) penalty for each separate violation per day or portion thereof shall be as follows:

1. First (1st) day of each violation (the first (1st) day is the date of service): one hundred dollars ($100.00);

2. Second (2nd) day of each violation: two hundred dollars ($200.00);

3. Third (3rd) day of each violation: three hundred dollars ($300.00);

4. Fourth (4th) day of each violation: four hundred dollars ($400.00);

5. Each additional day of each violation beyond four (4) days: five hundred dollars ($500.00) per day.

H. Continuance of Penalties—Certificate of Complaint. Civil penalties will continue to accumulate until the condition is completely abated, and, if the total assessed penalty exceeds one thousand dollars ($1,000.00), the public official may decide to initiate an abatement proceeding, as provided in this title. At such time that the assessed civil penalty exceeds one thousand dollars ($1,000.00), a certificate of complaint may be filed with the Pacific County auditor to be attached to the title of the property. A copy of the certificate of complaint shall be sent to the property owner and, if it is determined that there are other parties of interest, then to those individuals as well.

I. Separate Violations. Each day that a property is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. (Ord. 844 § 1 (part), 2015)