Chapter 18.10
GENERAL
Sections:
18.10.030 Declaration of nuisance.
18.10.050 Abatement proceedings—Authorized.
18.10.060 Abatement proceedings—Legal relief.
18.10.090 Chapter 1.32, General Penalties, not applicable.
18.10.010 Administration.
The directors are authorized to utilize the procedures of this title in order to enforce against violations of any land use or other ordinance within their administrative jurisdiction. (Ord. 908 § 16 (part), 1997)
18.10.020 Definitions.
For the purpose of this title, the words and phrases designated in this section shall be defined as follows:
“Code compliance officer” means the person assigned by the planning director for the purpose of reviewing and coordinating enforcement actions by the directors.
“Director” or “directors” means the director of the department of planning, the department of public works, the building department or such other person as the council shall by ordinance authorize to utilize the provisions of this title, and shall also include any duly authorized representative of such director(s).
“Nuisance” is defined as unlawfully doing an act or omitting to perform a duty, which act or omission annoys, injures or endangers the comfort, repose, health or safety of others, or offends decency; unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or which in any way renders other persons insecure in life or in the use of property.
Nuisance, Public. “Public nuisance” as used in this title, is defined as a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal.
Ordinance, the Land Use. “Land use ordinance” includes the ordinance codified in this title and any other existing or future ordinances of the city which regulate the use and development of land, including but not limited to the following ordinances and amendments thereto: the zoning code (Title 17), the shoreline management regulations (Title 17B); the subdivision code (Title 16), the building code (Title 15), drainage ordinance (Chapter 13.16), grading code (Chapter 15.16), streets, sidewalks and public places code (Title 12).
“Permit” means any form of certificate, approval, registration, license or other written permission given to any person to engage in any activity as required by law, ordinance or regulation. The term “permit” shall not include preliminary or final plat approval or any rezone.
“Person” as used in this title, includes any natural person, organization, corporation or partnership and their agents representative or assigns. (Ord. 1295 § 11 (Exh. 1B) (part), 2011: Ord. 908 § 16 (part), 1997)
18.10.030 Declaration of nuisance.
All violations of land use ordinances are determined to be detrimental to the public health, safety and welfare and are public nuisances. All conditions which are determined by a director to be in violation of any land use ordinance shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in this title. (Ord. 908 § 16 (part), 1997)
18.10.040 Right of entry.
A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of any land use ordinance, or whenever a director or his duly authorized inspector has cause to believe that a violation of any land use ordinance has been or is being committed, an inspector may enter any building, structure, property or portion thereof at reasonable times to inspect the same.
B. If such building, structure, property or portion thereof is occupied, the inspector shall present identification credentials, state the reasons for the inspection and demand entry.
C. If such building, structure, property or portion thereof is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and demand entry. If the inspector is unable to locate the owner or such other persons, and he has reason to believe that conditions therein create an immediate and irreparable land use or safety hazard, he shall make entry.
D. It is unlawful for any owner or occupant of any other person having charge, care or control of any building, structure, property or portion thereof, to fail or neglect after proper demand has been given to permit prompt entry thereon where the inspector has reason to believe that conditions therein create an immediate and irreparable land use or safety hazard.
E. Unless entry is consented to by the owner or person in control of any building, structure, property or portion thereof or conditions are believed to exist which create an immediate and irreparable land use or safety hazard, the inspector, prior to entry, shall obtain a search warrant as authorized by applicable law. (Ord. 908 § 16 (part), 1997)
18.10.050 Abatement proceedings—Authorized.
In addition to or as an alternative to any other judicial or administrative remedy provided in this title or by law or other ordinance, a director may order a land use ordinance violation to be abated. A director may order any person who creates or maintains a violation of any land use ordinance, or rules and regulations adopted thereunder, to commence corrective work and to complete the work within such time as a director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, a director may proceed to abate the violation and cause the work to be done. He will charge the costs thereof as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. (Ord. 908 § 16 (part), 1997)
18.10.060 Abatement proceedings—Legal relief.
Notwithstanding the existence or use of any other remedy, a director may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of any land use ordinance or rules and regulations adopted thereunder. (Ord. 908 § 16 (part), 1997)
18.10.070 Misdemeanor.
As an alternative to any other judicial or administrative remedy provided in this title or by law or other ordinance, any person who wilfully or knowingly violates any land use ordinance, or rules and regulations adopted thereunder, or any order issued pursuant to this title, or by each act of commission or omission procures, aids or abets such violation, is guilty of a misdemeanor and upon conviction shall be punished as provided in RCW 9.92.030. Each day such violation continues shall be considered an additional misdemeanor offense. (Ord. 908 § 16 (part), 1997)
18.10.080 Violations.
It is unlawful and shall constitute a violation for purposes of this title for any person, entity or organization to own, possess, use, construct or maintain any real property or structure in violation of any land use ordinance, any other code provision identified in this title, rules and regulations adopted thereunder, or the conditions of any permit issued pursuant to such ordinance, rules or regulations. It shall also be unlawful and construed as a violation of this title to procure, aid or abet any such violation. (Ord. 1057 § 1, 2002)
18.10.090 Chapter 1.32, General Penalties, not applicable.
Chapter 1.32 is not applicable to code violations subject to enforcement under this title. (Ord. 1057 § 2, 2002)