Chapter 14.13
ENFORCEMENT
Sections:
14.13.010 Enforcing official – Authority.
14.13.025 Recovery of attorneys’ fees and costs.
14.13.060 Review and investigation of approvals and permits.
14.13.070 Revocation or modification of approvals and permits.
Legislative history: Ord. 97-431.
14.13.010 Enforcing official – Authority.
The director shall be responsible for enforcing MCMC Titles 14 through 18, and may adopt administrative rules to meet that responsibility. The director may delegate enforcement responsibility to the city engineer, director of public works, building official, fire chief, or chief of police as appropriate. (Ord. 2005-609 § 2)
14.13.020 General penalty.
Compliance with the requirements of MCMC Titles 14 through 18 shall be mandatory. The general penalties and remedies established in Chapter 1.16 MCMC shall apply to any violation of those titles. The enforcement actions authorized under this chapter shall be supplemental to those general penalties and remedies. (Ord. 2005-609 § 2)
14.13.025 Recovery of attorneys’ fees and costs.
In accordance with the general penalties and remedies established in Chapter 1.16 MCMC, and in addition to the enforcement actions, remedies and penalties authorized under this chapter, all attorneys’ fees, related costs and expenses incurred by the city or its agents in any enforcement action shall be recovered from and payable by the persons found responsible for or who have committed any violation of MCMC Titles 14 through 18. (Ord. 2005-609 § 2)
14.13.030 Application.
A. Actions under this chapter may be taken in any order deemed necessary or desirable by the director to achieve the purposes of this chapter and of the development code, including without limitation for the purpose of immediately stopping actual or probable violations.
B. Facts showing an actual or probable violation of a development permit or approval shall constitute prima facie evidence that the violation is that of the applicant and/or owner of the property upon which the violation exists. An enforcement action under this chapter against one person shall not relieve or prevent enforcement against any other responsible person.
C. Enforcement actions may be taken on the evidence then available. Enforcement actions and listed violations may be amended, supplemented, or altered to conform with the facts as investigation proceeds. New violations discovered during investigation may be added to an existing enforcement action upon suitable notice. (Ord. 2005-609 § 2)
14.13.040 Regulatory order.
A. Authority. A regulatory order may be issued and served upon a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the development code.
B. Notice. A regulatory order shall be deemed served and shall be effective when posted at the location of the violation, and/or delivered to any suitable person at the location, and/or delivered by mail or otherwise to the owner and/or other person having responsibility for the location.
C. Content. A regulatory order shall set forth:
1. The name and last known address of the person(s) to whom it is directed.
2. The location of the violation.
3. A description of the violation, including citation(s) to the applicable permit and development code provisions.
4. A statement that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed and/or receipt by any suitable person at the location of the violation.
5. An order that the violation immediately cease, that the potential violation be avoided, or that the work causing or related to the violation immediately stop until further order of the city. Said order shall be subject to immediate enforcement by the city police as necessary.
6. A description of the action(s) required to correct, remedy, or avoid the violation, including a time limit to complete such action.
7. A statement that failure to comply with the regulatory order may result in further enforcement actions, including additional civil fines and criminal penalties.
8. A statement that the regulatory order must be appealed to the examiner in accordance with Chapter 14.11 MCMC or it shall become a final order.
D. Remedial Action. The director may require any action reasonably calculated to correct or avoid an actual or possible violation, including but not limited to replacement, repair, supplementation, revegetation, or restoration of the site.
E. Fines. The director may assess civil fines for the violation in accordance with MCMC 14.13.050. The amount of the civil fine shall be based on the director’s assessment of the duration, intent, and severity of the violation, including continuation of the violation after notice has been given to stop or remedy the violation. The provisions of MCMC 14.13.050 shall apply to fines issued as part of a regulatory order except that MCMC 14.13.050(E) shall not apply.
F. Compliance. Until the director certifies compliance with the regulatory order, including payment of any fines, no further work may be performed at the site and no further review, permits or approvals may be considered or given regarding the project.
G. Appeal. A regulatory order may be appealed to the examiner in accordance with Chapter 14.11 MCMC. (Ord. 2010-718 § 12 (Exh. L); Ord. 2005-609 § 2)
14.13.050 Civil fines.
A. Authority. A person who violates any provision of the development code, and/or who fails to obtain any necessary permit, and/or who fails to comply with a regulatory order after notice thereof, shall be subject to a civil fine.
B. Amount. A civil fine shall not exceed $1,000 for each violation. Each separate event, action or occurrence shall constitute a separate violation. Each day a violation continues without correction shall constitute a separate violation. Fines imposed under this section shall continue to accrue until the violation is dismissed or remedied.
C. Notice. A civil fine shall be imposed by a written notice, and shall be effective when served or posted as set forth in MCMC 14.13.040(B). A civil fine may be imposed as part of a regulatory order or as a separate matter. If a civil fine is imposed as a separate matter, the director shall issue a written notice describing the date, nature, location, and act(s) comprising the violation, the amount of the fine, the authority under which the fine has been issued, and how the fine may be appealed.
D. Collection. Civil fines shall be immediately due and payable upon issuance and receipt of a regulatory order or a notice of civil fine. Subsequent accrual of fines under subsection B of this section shall be due and payable upon such accrual. If remission or appeal of a regulatory order or notice of civil fine is timely sought, fines shall continue to accrue until issuance of a decision on such remission or appeal by the examiner. If a civil fine remains unpaid 30 days after it becomes due and payable, the director may take actions necessary to recover the fine, including judicial enforcement or assignment for collection. Civil fines shall be paid into the city’s general fund when received.
E. Application for Remission. Any person to whom a notice of civil fine has been issued may apply in writing to the director for remission of the fine. Such application shall be filed with the city clerk within five days of the effective date of said notice as set forth in MCMC 14.13.040(B), and shall concisely state the reasons justifying such remission. The director shall issue a written decision on the application within five days of receipt. A fine may be remitted in whole or in part only upon a demonstration by the applicant of extraordinary circumstance and a determination by the director that the fine was excessive or unwarranted under the circumstances.
F. Appeal. A notice of civil fine may be appealed to the examiner in accordance with Chapter 14.11 MCMC. (Ord. 2010-718 § 12 (Exh. L); Ord. 2005-609 § 2)
14.13.060 Review and investigation of approvals and permits.
A. Authority. Any development approval or permit issued under the authority of the development code may be reviewed for compliance with the requirements of the development code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by mistake, fraud or deception.
B. Initiation of Review. The review of a development approval or permit may be initiated by the director, city manager, city council, or by petition to the director of three property owners or residents of separate dwelling units in the city stating their good faith belief as to the defect of the approval or permit.
C. Director’s Investigation. Upon initiation of review in accordance with subsection B of this section, the director shall investigate the matter and may take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation;
2. Issue a regulatory order and/or notice of civil fine;
3. Recommend further review, revocation or modification of the permit or approval;
4. Refer the matter to the city manager and/or city attorney; and/or
5. Refer the matter to the city council. (Ord. 2005-609 § 2)
14.13.070 Revocation or modification of approvals and permits.
A. Council Review. Upon receiving a director’s referral and/or recommendation for revocation or modification of a permit or approval, the city council shall review the matter and hold a public hearing. Upon a finding that the permit or approval does not comply with the conditions of approval or the provisions of the development code, or that it creates a nuisance or hazard, or has been abandoned, was procured by mistake, fraud or deception, the city council may modify or impose such additional conditions on the permit or approval as necessary or warranted to correct or remedy the deficiencies. If the city council finds no reasonable conditions which would correct or remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall thereupon cease.
B. Reapplication. If a permit or approval is revoked, no similar application shall be accepted for a period of one year from the date of final decision, including any decision on the appeal.
C. Appeal. A final decision of the city council under this section may be appealed on the city council’s record to superior court in accordance with Chapter 14.11 MCMC. (Ord. 2005-609 § 2)