Chapter 1.22
CODE ENFORCEMENT – GENERAL PROVISIONS
Sections:
1.22.030 Infractions designated.
1.22.010 Applicability.
(1) This title shall apply to the enforcement of city of Kittitas ordinances and codes, related to building, zoning, fire, and environmental health and safety, the violation of which either injures or endangers the comfort, repose, health, or safety of others are hereby declared a public nuisance:
(a) KMC Title 5, Business Licenses and Regulations;
(b) KMC Title 6, Animals;
(c) KMC Title 8, Health and Safety;
(d) KMC Title 12, Streets, Sidewalks, and Public Places;
(e) KMC Title 13, Public Works;
(f) KMC Title 14, Development Code Administration;
(g) KMC Title 15, Buildings and Construction;
(h) KMC Title 16, Subdivisions;
(i) KMC Title 17, Zoning Code;
(j) KMC Title 18, Environment;
(k) KMC Title 19, Administration of Development Regulations; and
(2) Violations of the applicable codes shall be corrected under the provisions of this title, in coordination with existing ordinance and code provisions. (Ord. 14-015 § 1).
1.22.020 Enforcement.
Only an authorized official may enforce the provisions of this title. For purposes of this title, an authorized official is defined as any of the following:
(1) The city of Kittitas police chief and his or her authorized representatives shall have the authority to enforce the provisions of this title.
(2) The city of Kittitas attorney or the Kittitas County prosecuting attorney acting under a cooperative agreement between the city of Kittitas and Kittitas County shall have the authority to enforce the provisions of this title and may institute any legal proceedings necessary to enforce the provisions of this title.
(3) The city of Kittitas mayor and his or her authorized representatives shall have the authority to enforce the provisions of this title as to violations of all building and zoning codes and ordinances as adopted by the city of Kittitas.
(4) The city council may designate other persons to administer the provisions of this title. Designation of enforcement officers shall be made by resolution and may designate persons by name or position. (Ord. 16-006 § 1; Ord. 14-015 § 1).
1.22.030 Infractions designated.
The violation of any provision of the applicable codes or sections (“violation”) shall constitute a civil infraction. Each such violation shall constitute a separate civil infraction for each and every day or portion thereof during which such violation is committed, continued, or permitted. (Ord. 14-015 § 1).
1.22.040 Crimes designated.
Any person, company, firm, corporation or other legal entity who:
(1) Commits a violation as set forth in KMC 1.22.010 on two or more days within any 12-month period shall be guilty of a misdemeanor, punishable by up to 90 days in jail and/or a fine of up to $1,000.
(2) Having had two or more prior code convictions and/or findings of having committed code infractions, including notices of violation and abatement, under this title and thereafter commits a third violation as set forth in KMC 1.22.010 within 10 years shall be guilty of a gross misdemeanor, punishable by up to 365 days in jail and/or a fine of $5,000. (Ord. 14-015 § 1).
1.22.050 Inspection.
(1) The authorized official or his/her designee may make inspection from public roads or alleys, or may enter upon private property with the consent of the owner or occupant thereof to make inspections and also to abate nuisance conditions as provided by Chapter 8.10 KMC and/or KMC 1.24.030. If entry to property is refused and the same is necessary to be had the city may use any lawful means necessary to obtain entry.
(2) Upon written notice of intent to seek a search warrant, when a tenant/occupant or landlord/owner denies the authorized official or his/her designee the right to search a premises, the city may immediately seek a search warrant, upon a showing of probable cause specific to the premises sought to be searched that code and/or statutory violations exist upon the premises chargeable as a criminal violation pursuant to KMC 1.22.040, a court of competent jurisdiction shall issue a warrant allowing a search of such premises.
(a) Probable cause that a multi-day violation exists that would be chargeable as a misdemeanor pursuant to KMC 1.22.040 requires that the inspecting city employee, on at least two separate days, either observed conditions constituting a violation under this chapter or was refused entry upon premises to inspect for such a violation after receiving information reasonably leading him/her to believe such violations existed.
(b) Either the observation of multi-day violations or the multi-day denial of entry after receipt of information as to suspicious conduct shall be attested to by sworn affidavit.
(3) The superior court and courts of limited jurisdiction organized under RCW Titles 3, 35, and 35A have jurisdiction to issue such search warrant. Evidence obtained pursuant to any such search may be used in a criminal, civil, or administrative enforcement action. (Ord. 14-015 § 1).