Chapter 4.44
UNIFORM CIVIL ENFORCEMENT
4.44.000 Chapter Contents
Sections:
4.44.010 Purpose
4.44.020 Definitions
4.44.030 Notice of Violation
4.44.040 Compliance Agreement
4.44.050 Violation of Compliance Agreement
4.44.060 Failure to Comply with Notice of Violation
4.44.010 Purpose
The purpose of this Chapter is to provide a uniform civil method of enforcing the City of Olympia’s regulatory ordinances in a timely fashion. However, the City Council recognizes that not all situations can or should be covered by the provision of this Chapter, especially where situations are emergent or where violators have previously been provided with opportunity to cure the violation. Code Enforcement officials are not required to use the provisions of this Chapter. However, enforcement officials when seeking to use civil enforcement means should provide citizens with written warnings of violations, sufficient time to cure those violations, and, if necessary, technical assistance to cure the violation. Failure to follow the procedures set forth in this Chapter shall in no way constitute a defense to any civil or criminal enforcement action.
This Chapter is not intended in any way to create a duty by the City of Olympia or its officers, agents, and employees to any person or entity or class of person or entity.
(Ord. 6079 §1, 2001).
4.44.020 Definitions
"Code Enforcement Officials" shall mean any of the following officials or employees of the City of Olympia: the sworn police officers, the City Manager or the City Manager’s designee, the Director of Community Planning and Development or the Director of Community Planning and Development’s designee, the Director of Public Works or the Director of Public Works’ designee, the City’s Building Official or the City’s Building Official’s designee and the Fire Marshal or the Fire Marshal’s designee.
"Person" shall mean any natural person or any firm, association, corporation, or other entity however constituted.
"Repeat Offender" shall mean a property owner, tenant, hired contractor or property manager who has a confirmed history of violating OMC Titles 4, 8, 13, 16, 17, or 18 three or more times within a 24-month period.
(Ord. 7187 §3, 2019; Ord. 6813 §1, 2012; Ord. 6079 §1, 2001).
4.44.030 Notice of Violation
A. Form. A Code Enforcement officer may issue a notice of violation which shall be in substantially the following form:
Dear Owner/Resident or Occupant:
The City of Olympia is committed to maintaining quality neighborhoods and an excellent community environment. Our citizens expect us to do everything we can in this regard.
An INSPECTION was conducted at your property located at _________________________________________________________________________
(address).
This investigation revealed violations of Olympia Municipal Code (OMC) Section(s) _______ __________________________________________________________________ (cite section(s)).
The attached sheet categorizes your violations and copies of the codes are provided for your review as an educational package to assist you in achieving compliance and preventing future violations.
Violations are usually required to be eliminated within twenty-four hours to fourteen days depending upon their nature. In this matter, you have ( ) days to comply with the Olympia Municipal Code. By completing a "Compliance Agreement" an additional two weeks may be granted depending health and safety. However, where immediate action is required, compliance agreements shall not be offered.
Here are your choices: 1) If you do nothing, a civil infraction or criminal citation complaint may be issued against you; 2) Comply with this notice within the time allowed; 3) You may sign and return the Compliance Agreement within three (3) days of receipt of this letter to get additional time to comply.
Please contact the investigation officer at (360)753-8487 between 8:00 a.m. and 5:00 p.m. Monday through Thursday. Please leave a voice mail if the officer is not able to take your call. Your address, a return phone number, the best date and time to contact you is necessary.
Sincerely,
Code Enforcement Officer
(1) Olympia Municipal Code violation at (address) :
OMC Section violated (text):
Facts constituting violation (describe) :
What you need to do to comply with this notice (describe) :
(2) Olympia Municipal Code violation at (address) :
OMC Section violated (text):
Facts constituting violation (describe) :
What you need to do to comply with this notice (describe) :
(3) Olympia Municipal Code violation at (address) :
OMC Section violated (text):
Facts constituting violation (describe) :
What you need to do to comply with this notice (describe):
[Add additional violations as necessary.]
B. Service of Notice of Violation. The Notice of Violation shall be served upon the owner and person in possession of the premises which is in violation. In the alternative, the notice of violation may be served by mailing the Notice of Violation to the owner and the person in possession of the premises and by posting it in a conspicuous place upon the premises. If the alternative is used, notice shall be deemed served three (3) days after completion of both posting and mailing, whichever shall occur last.
(Ord. 6079 §1, 2001).
4.44.040 Compliance Agreement
Whenever a Notice of Violation is issued pursuant to Section 4.44.030, it shall be accompanied by a compliance agreement which shall be in substantially the following form:
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full name; first, middle, last |
date of birth |
residing address Street, City, State, Zip, Phone Number |
property where violation exists Street, City, State, Zip, Phone Number |
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condition requiring correction; check all that apply |
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[ ] 8.16 Rat Control |
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[ ] 16.04 Building |
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[ ] 8.24 General Nuisances |
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[ ] 16.06 Housing |
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[ ] 8.40 Junk Vehicles |
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[ ] 116.08 Mechanical |
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[ ] 13.12 Garbage |
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[ ] 6.10 Unfit/Unsafe Building |
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[ ] 13.16 Stormwater |
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[ ] 16.20 Plumbing |
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[ ] 13.08 Sewer |
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[ ] 16.32 Fire Code |
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[ ] 13.04 Water |
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[ ] 18 Zoning |
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[ ] 13.24 Reclaimed Water |
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[ ] Other |
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what you need to do to comply with City Code: |
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8.16 Nuisances |
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8.40 Property Maintenance |
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[ ] Secure Hazard |
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[ ] Legal Disposal |
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[ ] Legal Disposal |
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[ ] Enclose from View Public/Neighbors |
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[ ] Demolish Structure (obtain permit) |
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8.52 Vegetation |
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[ ] Remove/Trim Vegetation |
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[ ] Remove/Dispose |
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[ ] Exterminate Rodents/Stinging Insects |
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[ ] Trim/Dispose Hazardous |
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8.24 Vehicle-Junk/Storage |
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18 Zoning |
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[ ] License, Insure, Operable |
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[ ] Details with Investigator |
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[ ] Enclose in Building |
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[ ] Other |
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[ ] Remove from Property |
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[ ] Recreational Vehicles Legally Parked/Stored |
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IT IS HEREBY MUTUALLY AGREED:
The above named agrees that the conditions set forth in this Agreement must be eliminated as described above on or before ______________________, 20__.
The undersigned agrees to allow the City to inspect the premises as necessary to determine compliance with this Agreement. This means that you waive your right to require the City to obtain a search warrant from a judge.
This Agreement shall be interpreted in accordance with the laws of the State of Washington.
No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Agreement.
Failure to comply with the agreement deadline may result in prosecution for violations of the Olympia Municipal Code and enforcement of this Agreement by any civil and equitable means available to the City.
The undersigned person acknowledges that they have read this Agreement, understand it, and have had an opportunity to talk with their attorney.
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Accepted by: |
Date: |
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Signature (accepting responsibility for compliance) |
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Code Enforcement Officer: |
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Signature |
Date: |
(Ord. 7187 §3, 2019; Ord. 6872 §1, 2013; Ord. 6079 §1, 2001)
4.44.050 Violation of Compliance Agreement
It is a civil infraction to violate the terms or conditions of a compliance agreement entered into under the terms of Section 4.44.040. This civil infraction shall carry a penalty of Fifty Dollars ($50) for the first day of violation, One Hundred Twenty-Five ($125) for the second day of the same violation, and Two Hundred Fifty ($250) thereafter for each day of violation. Each day of violation shall constitute a separate civil infraction.
(Ord. 6079 §1, 2001).
4.44.060 Failure to Comply with Notice of Violation
After the time for compliance and a Notice of Violation has expired, the Code Enforcement officer shall reinspect the premises and determine if the violation has been abated as required in the Notice of Violation. In the event of no action or insufficient action to abate the violation, the Code Enforcement officer may take any and all means necessary to enforce the applicable code, including but not limited to: issuance of civil infractions, issuance of criminal citations, commencement of civil, criminal, and equitable proceedings with the assistance of the City’s Legal Department to abate a nuisance.
(Ord. 6079 §1, 2001).