Chapter 15.10
ENFORCEMENT*
Sections:
15.10.010 Violations.
15.10.020 Duty to enforce.
15.10.030 Investigation and notice of violation.
15.10.040 Stop work order.
15.10.050 Emergency order.
15.10.060 Extension of compliance date.
15.10.070 Violation – Penalty.
15.10.080 Additional relief.
*Editor’s note – Ord. No. 3124, § 1, adopted June 15, 1993, amended and renumbered former ch. 15.10 in its entirety. See the Code comparative table for a detailed analysis of inclusion.
Cross reference(s) – Planning, ch. 2.30; planning commission, ch. 2.56.
15.10.010 Violations.
A. It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the city without first obtaining the permits or authorizations required for the use by this title.
B. It is a violation of this title for any person to use, construct, 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 to remove or deface any sign, notice, complaint or order required by or posted in accordance with this title or Ch. 11.03 KCC.
D. It is a violation of this title 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 anyone to fail to comply with the requirements of this title.
15.10.020 Duty to enforce.
A. It shall be the duty of the director of planning to enforce this title. The director may call upon the police, fire, health or other appropriate city departments to assist in enforcement.
B. Upon presentation of proper credentials, the director or duly authorized representative of the 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 to perform the duties imposed by this title.
C. This title 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.
D. It is the intent of this title 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.
E. No provision or term used in this title 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.
15.10.030 Investigation and notice of violation.
A. The director or his representative shall investigate any structure or use which the director reasonably believes does not comply with the standards and requirements of this title.
B. If, after investigation, the director determines that the standards or requirements have been violated, the director may seek compliance and serve a notice of violation on the owner, tenant or other person responsible for the condition and/or otherwise enforce pursuant to this chapter and KCC 15.10.070 below.
15.10.040 Stop work order.
Whenever a continuing violation of this title will materially impair the director’s ability to secure compliance with this title, or when the continuing violation threatens the health or safety of the public, the director 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 title.
15.10.050 Emergency order.
A. Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the 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 title.
B. 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 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.
15.10.060 Extension of compliance date.
A. The director may grant an extension of time for compliance with any notice or order, whether pending or final, upon the director’s finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension.
B. An extension of time may be revoked by the director if it is shown that the conditions at the time the extension was granted have changed, if the director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date.
15.10.070 Violation – Penalty.
A. Civil code enforcement action. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 KCC for which a monetary penalty may be assessed and abatement may be required as provided therein.
B. Criminal offense. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the Kent City Code may be charged criminally, pursuant to KCC 1.04.030(B).
C. Civil infraction. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter may be issued a class 1 civil infraction pursuant to RCW 7.80.120, as currently enacted or hereafter amended, and KCC 1.04.225.
(Ord. No. 3032, § 2, 2-18-92; Ord. No. 3124, § 1, 6-15-93; Ord. No. 4282, § 9, 7-3-18)
15.10.080 Additional relief.
The director may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance.