Chapter 18.50 ENFORCEMENT AND PENALTIES

Chapter 18.50
ENFORCEMENT AND PENALTIES

Sections:

18.50.010 Purpose and authority.

18.50.020 Applicability.

18.50.030 Determination of violation.

18.50.040 Violation types.

18.50.050 Procedures and penalties.

18.50.060 Remedies.

18.50.070 Criminal prosecution.

18.50.080 Contents of notices.

18.50.090 Appeals.

18.50.100 Subdivision violations.

18.50.010 Purpose and authority.

It is the purpose of this chapter to provide specific guidance and procedures for code enforcement actions in the city of La Center. It is the policy of the city of La Center to thoroughly and consistently enforce the rules and regulations of the municipal code, with primary emphasis on protection of the general health, safety and welfare. In addition, it is the policy of the city to strive for and achieve the highest level of voluntary compliance in all code enforcement actions with minimal use of punitive authority. Further, the city strives to resolve all code enforcement actions in a swift, fair and equitable manner.

The planning director or his or her designee shall have the authority to perfect code enforcement actions pursuant to this chapter. [Ord. 2006-17 § 1, 2006.]

18.50.020 Applicability.

The provisions of this chapter shall apply to all code enforcement actions involving LCMC Titles 12, 13, 15, and 18. [Ord. 2006-17 § 1, 2006.]

18.50.030 Determination of violation.

The planning director (“director”) or designee shall determine if a violation of LCMC Titles 12, 13, 15, and 18 has occurred. Such determination shall be based upon factual information that a clear violation of rule, regulation, procedure or standard has been violated in the course of permitting, construction or occupancy of a land use or development. It shall be the duty of the director to enforce this chapter. The director may call upon the police, fire, building, planning, public works or other appropriate city department and employees of the city to assist in enforcement of the development code. [Ord. 2006-17 § 1, 2006.]

18.50.040 Violation types.

(1) Violations under this chapter may be either civil or criminal offenses as set forth in this section.

(a) Civil Offense. These code violations are those that do not present an immediate or impending threat to the health, safety or general welfare of those living or working in the immediate vicinity of the violation or the general public. In addition, these offenses are typically easily remedied through a permitting procedure or alteration of a structure. These violations are typically not willful.

(b) Criminal Offense. Any person violating or failing to comply with the provisions of LCMC Titles 12, 13, 15, and 18 and who has had a judgment entered against him or her pursuant to LCMC 18.50.060 or its predecessors within the past five years shall be subject to criminal prosecution and, upon conviction of a subsequent violation, shall be fined or imprisoned as a gross misdemeanor under the laws of the state of Washington. Each day of noncompliance with the provisions of LCMC Titles 12, 13, 15, and 18 shall constitute a separate offense. The above criminal penalty may also be imposed for any other violation of LCMC Titles 12, 13, 15, and 18 for which corrective action is not possible and for any willful, intentional or bad faith failure or refusal to comply with the standards or requirements of LCMC Titles 12, 13, 15, and 18.

(2) The director or officer in consultation with the director shall determine if a violation is civil or criminal. Criminal violations shall be processed under LCMC Title 9. [Ord. 2006-17 § 1, 2006.]

18.50.050 Procedures and penalties.

(1) Procedures. Unless otherwise specifically provided for within each chapter, the enforcement of the development code of the city of La Center shall govern code enforcement actions. Code enforcement actions within the city shall follow the procedures set forth in this section. Code enforcement actions fall into five primary steps: initial notice, corrective order, notice of civil penalty, notice to abate and citation.

(a) Initial Notice.

(i) Upon receipt of a valid complaint or observation of a violation by the director, the director shall within 24 hours give initial notice, in writing, to the property owner or violator. The initial notice shall include the information required by LCMC 18.50.080.

(ii) Such initial notice shall be sent via U.S. mail or delivered by personal service.

(iii) Contents of Initial Notice. The initial notice shall include the information outlined in LCMC 18.50.080 as well as the following:

(A) Specific description of the violation;

(B) Reference to the portion of the La Center Municipal Code being violated;

(D) Time frame for correction.

(iv) Time Frames for Compliance. Any violator shall have a maximum of seven days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have 14 days from date of initial notice to complete correction of violation. If remedy of the violation is pursued within established time frames, then there are no punitive consequences associated with an initial notice. Depending upon the nature of the violation, the time frames indicated for an initial notice may be extended by the officer upon consultation with the director.

(v) Stop Work Order in Addition to Initial Notice. The initial notice may be supplemented by a stop work order if the director finds that the violation poses an immediate threat to the general health, safety or general welfare of the public or, if continued, would result in damage to public or private property or the environment. Such stop work order shall contain the information set forth in LCMC 18.50.080, and shall be in full force and effect until the director or their designee determines that sufficient compliance has been achieved to warrant removal of the stop work order.

(A) If the violation is not corrected within the time frames established pursuant to this section, the officer shall proceed with a corrective order.

(B) An initial notice may be appealed pursuant to LCMC 18.50.090.

(b) Corrective Order.

(i) Within 24 hours following the end time frame for compliance identified in the initial notice, the director shall issue a corrective order. Such corrective order shall be sent via certified U.S. mail or delivered via personal service.

(ii) Contents of Corrective Order. The corrective order shall contain the information outlined in LCMC 18.50.080 as well as the following:

(A) Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

(B) Date by which correction must be initiated and the date by which violation must be corrected;

(C) A statement that the city may pursue additional civil or criminal remedies or abatement authority if the violation is not corrected within the time frames specified in the corrective order, and a citation of the regulatory authority in the La Center Municipal Code authorizing such actions.

(iii) Service. Such corrective order shall be sent via certified U.S. mail or delivered via personal service.

(iv) Time Frames for Compliance. Any violator shall have a maximum of 14 days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have a maximum of 30 days following the corrective order to complete correction of violation.

(v) Depending upon the nature of the violation, the time frames indicated for corrective order may be extended by the officer upon consultation with the director.

(vi) If the violation is not corrected within the time frames established with the corrective order, the director shall issue a notice of civil penalty pursuant to subsection (1)(c) of this section.

(vii) A corrective order may be appealed as provided for in LCMC 18.50.090.

(i) Within 24 hours following the end time frame for compliance identified in the corrective order, the director shall issue a notice of civil penalty. The notice of civil penalty shall contain the information required by LCMC 18.50.080, as well as the following:

(A) Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

(B) Date by which correction must be initiated and the date by which violation must be corrected;

(C) A statement that the city may pursue abatement authority to address the violation if not corrected within the time frames specified in the notice of civil penalty, and a citation of the regulatory authority in the La Center Municipal Code authorizing such abatement;

(D) A statement that the city may issue a civil citation if the violation is not corrected within the time frames identified in the notice of civil penalty;

(E) Contact person and phone number for additional information.

(ii) Service. Such notice of civil penalty shall be sent via certified U.S. mail or personal service, within 48 hours following the end time frame established with the corrective order.

(iii) Time Frames for Compliance. Any violator shall have a maximum of 14 days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have a maximum of 30 days following the corrective order to complete correction of violation.

(iv) Depending upon the nature of the violation, the time frames indicated for notice of correction may be extended by the director not to exceed 15 days.

(v) Civil fines imposed pursuant to a notice of civil penalty shall accrue in accordance with LCMC 18.50.060(1) retroactive to the date of the initial notice and in accordance with Table 18.50.060.

(vi) If the violation is not corrected within the time frames established with the notice of civil penalty, the director shall issue or cause to be issued a civil citation and proceed to notice to abate.

(vii) A notice of civil penalty may be appealed pursuant to LCMC 18.50.090.

(d) Notice to Abate.

(i) Within seven days following the end of the time frame for correction identified in the notice of civil penalty, the director shall issue a notice to abate. The notice to abate shall contain the information required by LCMC 18.50.080, as well as the following:

(A) A brief and concise description of the history of the violation, including dates of initial notice, corrective order, notice of civil penalty, and the name of officer involved in each of these prior steps;

(B) Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

(D) A statement that the city will seek abatement of the violation from the court if not corrected within the time frames specified in the notice to abate, and a citation of the regulatory authority in the La Center Municipal Code authorizing such pursuit;

(E) A statement that the city may issue a criminal citation if the violation is not corrected within the time frames specified in the notice to abate, and a reference of the regulatory authority in the La Center Municipal Code authorizing such citation;

(F) Contact person and phone number for additional information.

(ii) Such notice to abate shall be sent via certified U.S. mail or delivered via personal service, within 48 hours following the end time frame for compliance established with the notice of civil penalty.

(iv) Depending upon the nature of the violation, the time frames indicated for notice to abate may be extended by the officer upon consultation with the director.

(v) If the violation is not corrected within the time frames established with the notice to abate, the director shall proceed with issuance of a criminal citation.

(vi) A notice to abate may be appealed pursuant to LCMC 18.50.090.

(vii) Stop Work Order in Addition to Procedural Notice. Any step of the progressive enforcement process may be supplemented by a stop work order if the director finds that the violation poses an immediate threat to the general health, safety or general welfare of the public or, if continued, would result in damage to public or private property or the environment. Such stop work order shall contain the information set forth in LCMC 18.50.080, and shall be in full force and effect until the director or his/her designee determines that sufficient compliance has been achieved to warrant removal of the stop work order.

(e) Citation. A citation may be issued under the following circumstances:

(i) Citation in Conjunction with Progressive Step of Enforcement Action. Within 24 hours following the end time frame for correction identified in the notice to abate, the director shall issue or cause to be issued a citation and proceed with criminal prosecution pursuant to LCMC 18.50.070.

(ii) Citation Subsequent to Violation of Stop Work Order. If the violator continues active violation of the development code after issuance of a stop work order, the director may issue a citation pursuant to LCMC 18.50.080. [Ord. 2006-17 § 1, 2006.]

18.50.060 Remedies.

(1) Civil Penalty. Any person, firm or corporation which violates or continues to violate any provision of the development code or any chapter thereunder shall be liable to the city for a civil penalty up to $1,000 per violation per day. Each day upon which a violation occurs or continues shall constitute a separate violation. If the city concludes it should prosecute the violator under the criminal section as provided for in this title, such decision shall not compromise its ability to seek both criminal and civil penalties provided for in this chapter.

The civil penalty shall generally be applied to first violations and other violations when deemed effective and appropriate. The penalty shall be as defined in Table 18.50.060. In addition to the civil penalty amounts assessable herein, the city may recover reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the costs of any actual damages incurred by the city, including penalties for noncompliance with any state or federal regulatory permit to the extent attributable to the violator.

(2) Criminal Prosecution. Any person, firm or corporation which repeatedly violates any section of the development code or continues to violate the development code after notice shall be guilty of a misdemeanor under the laws of the state of Washington and shall be punishable by a fine or imprisonment as provided by the state law of the state of Washington.

(3) Injunctive Relief. When the city finds that any person, firm or corporation has violated and continues to violate or threaten to violate any provision of the development code or any chapter thereof or order issued under the development code by a responsible city official, then the city may petition to the appropriate court with jurisdiction for the issuance of a temporary or permanent injunction or restraining order as is deemed appropriate which restrains the continued violation of any provision of this code or compels the specific performance as required or such other requirement imposed by the development code on the activities of the violator. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against the violator.

(4) Abatement. When judgment is rendered by the La Center municipal court against any person, persons, firm or corporation, finding them guilty of violation of the development code, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided for in this title, to order the defendant or defendants in such action to forthwith abate and remove such nuisances; and, if the nuisance is not abated or removed by such offender within 24 hours thereafter, or such time allowed by the court, it shall be abated and removed by order of the director on authority of the court, or by any other individual authorized by order of the court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. The provisions of this section relative to the abatement of violation of the development code are not exclusive, and all other rights or remedies of the city of La Center, and any citizen thereof, relative to the abatement of development code violations, are declared to remain in full force and effect.

(5) Revocation and Suspension of Applicable Permits. When the city finds that any person, firm or corporation continues to violate or threatens to continue to violate any provision of the development code, the city reserves the right to deny, suspend or revoke any applicable permit which is authorized under the development code. The planning director is authorized to immediately suspend the application of any permit or the activity provided thereunder in the event of the immediate threat to the public health or safety. In the event the planning director deems it appropriate to revoke any applicable permit granted under the development code, he shall so notify the violating party and shall thereafter note the matter for public hearing by the hearings examiner. Notice of said public hearing shall be pursuant to Chapter 18.30 LCMC.

(6) Liens. Upon order and judgment by municipal court of any violation of the development code, the city may seek to have liens placed against the property subject to the code enforcement action in amounts equal to the costs incurred in enforcing the development code not otherwise paid by the violator.

(7) Other Remedies. Provisions related herein regarding enforcement of the development code are not exclusive remedies. The city reserves the right to take any and all or a combination of these actions concurrently or sequentially against a noncompliant person, firm or corporation or may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the violator to conduct environmental remediation.

Table 18.50.060 – Fines
Date of Continued Violation	Fine
First week following the date of initial notice	25% of daily maximum
Second week following the date of initial notice	50% of daily maximum
Third week following the date of initial notice	75% of daily maximum
Fourth week following the date of initial notice	100% of daily maximum
All time following fourth week from the date of initial notice until violation is corrected	100% of daily maximum

[Ord. 2006-17 § 1, 2006.]

18.50.070 Criminal prosecution.

(1) Any person, firm or corporation which repeatedly violates any section of LCMC Titles 12, 13, 15 or 18 or violates the prohibitions found in LCMC 18.50.040(1)(b) shall be guilty of a gross misdemeanor unless otherwise stated. Said violators shall be prosecuted under the laws of the state of Washington and/or LCMC Title 9 and shall be fined or imprisoned as provided by the law of the state of Washington.

(2) In addition to the criminal penalty amounts assessable herein, the city may also recover reasonable attorney’s fees, reasonable fees for planning costs, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses and the costs of any actual damages incurred by the city, including penalties for noncompliance with any state or federal regulatory permit to the extent attributable to the violator. [Ord. 2006-17 § 1, 2006.]

18.50.080 Contents of notices.

(1) Whenever the director issues a written warning, corrective order, citation or notice of abatement pursuant to this chapter, such notice shall contain the following information:

(a) The name and address of the person or persons to whom the notice of violation is directed;

(b) The street address when available or a legal description sufficient for the identification of the building, structure, premises or land upon which or within which the violation is occurring;

(c) A brief and concise description of the history of the violation, including dates of initial notice, written warning and corrective notice, and the name of officer involved in each of these prior steps;

(d) A concise description of the nature of the violation;

(e) A statement of the action required to be taken as determined by the official and a date for correction as set forth in the applicable sections of this chapter;

(f) A statement that a maximum cumulative civil penalty in the amount of $1,000 per violation per day shall be assessed against the person 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 a statement of the section of the La Center Municipal Code authorizing such penalty;

(g) A statement that the planning director’s determination of violation may be appealed to the hearings examiner pursuant to LCMC 18.30.130 and that the per-day civil penalty shall not accrue while an administrative appeal is pending, but that mitigation or abatement may be sought to relieve eminent threat to the health, safety and general welfare of the community or environment.

(2) For good cause, the director may extend the date for correction of the violation as stated in the citation; provided, that such extension shall not affect or extend the time within which an administrative appeal may be filed. The civil penalty constitutes a personal obligation of the person or persons to whom the citation is directed. The city attorney on behalf of the city is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. [Ord. 2006-17 § 1, 2006.]

18.50.090 Appeals.

Appeals of stop work orders, corrective orders or notices of civil penalty may be appealed to the hearings examiner pursuant to LCMC 18.30.130. Appeals of criminal citations under this title shall be processed in accordance with applicable state and municipal laws. [Ord. 2006-17 § 1, 2006.]

18.50.100 Subdivision violations.

(1) Any person, firm or corporation, association or any agency of any person, firm or corporation who violates any provision of Chapter 18.205 or 18.210 LCMC (short plats and subdivisions) leading to the sale, offer of sale or lease or transfer of any lot, tract or parcel of land shall be guilty of a gross misdemeanor and each sale, offer of sale or lease or transfer of each separate parcel, tract or lot of land in violation of any provision of those titles shall be deemed a separate and distinct offense.

(2) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of Chapter 18.205 or 18.210 LCMC (short plats and subdivisions) or any term or condition of plat approval prescribed for the plat by the city the city attorney may commence an action to restrain and enjoin such use and compel compliance of provisions of Chapter 18.205 or 18.210 LCMC or with such terms and conditions. The cost of such action shall be taxed against the violator.

(3) No building permit, utility permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 18.205 or 18.210 LCMC. This prohibition contained in this section shall not apply to any innocent purchaser for value without actual notice of the act or acts constituting the violation. All purchasers or transferees’ property shall comply with the provisions of this title in accordance with Chapter 58.17 RCW. [Ord. 2006-17 § 1, 2006.]