Chapter 2.15
CODE ENFORCEMENT
Sections:
2.15.010 Purpose and applicability.
2.15.030 Chapter requirements, code violations and civil infractions.
2.15.040 Citation for civil infractions.
2.15.050 Contents of the civil infraction citation.
2.15.060 Municipal court proceeding.
2.15.070 Nuisance abatement by the city, cost recovery and lien authorized.
2.15.010 Purpose and applicability.
This chapter provides a process for enforcing the requirements of the municipal code and any order, permit or decision issued by the city pursuant to the municipal code. The civil process set forth herein is designed to provide prompt notice to property owners and other interested parties that appear to be in violation of the municipal code and to guarantee those accused of a code violation the right to a hearing in municipal court. The process is designed to provide a measure of certainty to the citizens of La Center that code violations will be addressed in a timely manner and to ensure that the due process rights of those accused of violations are protected. This chapter shall apply to all violations of any provision of the La Center Municipal Code, except for criminal matters within the authority of the La Center police department under LCMC Title 9, Criminal Code. [Ord. 2002-4 § 1, 2002.]
2.15.020 Definitions.
For the purposes of this chapter:
(1) “Civil infraction” means the violation of any provision of the La Center Municipal Code, except LCMC Title 9, Criminal Code, or the failure to comply with any lawful requirement, order or decision by an authorized city official, hearings examiner or other decision maker.
(2) “Code” means the La Center Municipal Code as it currently exists or from time to time may be amended.
(3) “Officer” means a sworn peace officer, the city’s building official, the code compliance officer, or any person designated by the mayor to enforce the La Center Municipal Code.
(4) “Permit” means any land use, building or other permit or approval granted by the city or any city official.
(5) “Respondent” means any individual, corporation, partnership, unincorporated association or other entity alleged to have committed a civil infraction and any owner of a property or structure on which, or in which, a civil infraction is alleged to have occurred. [Ord. 2002-4 § 1, 2002.]
2.15.030 Chapter requirements, code violations and civil infractions.
(1) No person shall knowingly engage in, or cause to occur, any development, erect, construct, reconstruct, alter, maintain or use any building, structure, sign or vehicle, or alter or use any land in violation of this code or in violation of any permit or license issued under this code. No person shall knowingly fail to pay any charge due the city when such failure to pay is made a civil infraction of this code.
(2) No license, permit or approval for the construction, occupation or use of a property, building, structure or business shall be issued unless it has first been determined that such building, structure, business or use as proposed, and the land upon which it will be located complies with all applicable requirements of this code and state law, or is exempt from those requirements, and is not a nuisance.
(3) Failure to obtain a license or permit where required by this code shall constitute a nuisance and a civil infraction of this code. Violation of any provision of this code, enforced under this chapter, may constitute grounds for cancellation, nonrenewal or denial of a license or permit issued under this code, and shall be grounds for the city’s rejection of any applications for a permit or license for the property where the infraction exists.
(4) Violation of any requirements of this section is a civil infraction of this code and a nuisance. Each day of such violation shall constitute a separate civil infraction. [Ord. 2002-4 § 1, 2002.]
2.15.040 Citation for civil infractions.
Upon a determination by an officer that one or more civil infractions have occurred, the officer shall issue a citation to the person who, in the officer’s opinion, is responsible for the activity or failure to act that is deemed to be the civil infraction or the owner or person responsible for the property on which the infraction is alleged to have occurred. [Ord. 2002-4 § 1, 2002.]
2.15.050 Contents of the civil infraction citation.
(1) The citation for a civil infraction shall include at least the following information:
(a) The name and address of the respondent;
(b) The time, date and place the civil infraction was alleged to have occurred;
(c) A statement describing the civil infraction(s) alleged to have occurred with a reference to the pertinent code section(s) or other commonly understood reference to the law, ordinance or permit alleged to have been violated;
(d) The time, date and place for the initial hearing in municipal court, at which the respondent shall appear and respond to the charge alleged in the citation;
(e) A certification that the officer issuing the citation has reasonable grounds to believe, and does believe, that the respondent committed the civil infraction contrary to law. This certificate shall be deemed equivalent to a sworn complaint.
(2) A uniform traffic citation and complaint shall be an acceptable form for any civil infraction citation under this chapter. [Ord. 2002-4 § 1, 2002.]
2.15.060 Municipal court proceeding.
(1) The municipal court shall have jurisdiction over all civil infractions prosecuted under this chapter. The municipal court shall adopt, and may amend from time to time, procedural rules governing proceedings before the court.
(2) The following procedures shall be incorporated into the proceedings before municipal court:
(a) The respondent shall appear in municipal court at the time and date indicated in the citation for the initial hearing, at which time the respondent shall enter a response stating whether the respondent committed or did not commit the infraction. The respondent may enter a response to the citation by mail prior to the initial hearing date indicated in the citation so long as the written response is actually received by the municipal court by the stated time of the initial hearing.
(b) If the respondent enters a response of having committed the infraction, no contest, or fails to appear or otherwise enter a response, the municipal court shall find that the respondent committed the infraction as alleged and shall enter an order directing the respondent to abate, correct or otherwise remedy the violation, and the court shall impose a civil penalty in accordance with this chapter.
(c) If the respondent timely enters a response of not having committed the infraction, the court shall schedule the matter for hearing.
(d) At the hearing, the city shall present its case and evidence in support of the citation. The city must also establish that the respondent was notified or otherwise informed that respondent’s conduct or the condition of respondent’s property was a code violation prior to issuance of a citation under this chapter. The respondent shall be afforded an opportunity to review and rebut the city’s evidence, cross examine the city’s witnesses, and present testimony, evidence and witnesses in support of respondent’s case. Any party may be represented by an attorney, but the city is not responsible for providing respondent with an attorney.
(e) The court shall enter an order in favor of the city if the city proves by a preponderance of the evidence that the respondent knowingly committed the infraction, in which case the court shall enter an order directing the respondent to abate, correct or otherwise remedy the violation, and the court shall impose a civil penalty in accordance with this chapter. [Ord. 2002-4 § 1, 2002.]
2.15.070 Nuisance abatement by the city, cost recovery and lien authorized.
(1) Nuisance and Abatement Order. Upon a finding that the respondent knowingly committed the civil infraction as alleged, the municipal court shall declare the civil infraction to be a nuisance, in which case the municipal court may order the respondent to abate, correct or otherwise remedy the nuisance. In the event the respondent fails to so abate, correct or remedy the nuisance within 10 days of the court’s abatement order, the city, without further proceedings, may take whatever action is necessary to abate, correct or remedy the nuisance. The city may also seek from the municipal court an order of contempt against respondent for failing to comply with the court’s abatement order. All of the city’s expenses incurred in undertaking an abatement action and seeking a contempt order may be levied against the respondent or owner of the subject property. If the amount of the city’s levy is not fully paid within 30 days of presentment to the respondent or property owner, the city may record the levy in the city’s lien docket or the county real property records as a lien against respondent’s real property.
(2) Summary Abatement by the City in Emergency Situations. With or without the respondent first having appeared, the city prosecutor may seek, and the municipal court may order, the summary abatement of the activity alleged in the civil infraction citation upon a finding that:
(a) An imminent and substantial threat to the public health, safety or welfare exists by virtue of the alleged action or inaction; and
(b) Immediate abatement of the activity or nuisance is necessary to prevent the threatened harm to the public health, safety or welfare.
Upon the issuance of a summary abatement order under this subsection, the city may, without further notice or proceedings, take whatever steps are necessary to abate, correct or remedy the nuisance that is the basis for the citation.
(3) Recovery of the City’s Costs. The city shall be entitled to the recovery of its expenses incurred in undertaking a code enforcement action, abatement and/or obtaining a contempt order against the respondent. Following an enforcement action, abatement or issuance of an order of contempt, the city shall submit to the court and serve on respondent a verified statement of its costs incurred in the enforcement or abatement action and/or contempt proceeding, including labor, disposal and administrative costs, attorney and expert witness fees. The court shall issue an order and money judgment awarding the city its reasonable costs incurred. If the amount of the judgment is not fully paid within 30 days of issuance, the city may, without further notice or proceedings, record the levy in the city’s lien docket or the county real property records as a lien against respondent’s real property in any county where the respondent owns property. [Ord. 2002-4 § 1, 2002.]
2.15.080 Fines.
(1) Upon conviction of an infraction of any provision of the municipal code, the court may impose a maximum civil penalty of $300.00 per infraction.
(2) Each day that a violation exists shall constitute a separate civil infraction.
(3) The remedies and penalties provided in this chapter are in addition to, and not in lieu of, any other remedy or penalty provided by law, including, but not limited to, revocation or nonrenewal of a permit or license, action under the Uniform Code for the Abatement of Dangerous Buildings, Chapter 35.80 RCW (relating to unfit dwellings, buildings and structures), Chapter 7.48 RCW (relating to nuisances), injunction, abatement or civil damages as provided by this code or any other provision of state law in any court of competent jurisdiction. [Ord. 2002-4 § 1, 2002.]