Chapter 2.64
CODE ENFORCEMENT OFFICER
Sections:
2.64.010 Code enforcement officer position created – Authority.
2.64.020 Notice of civil infraction.
2.64.010 Code enforcement officer position created – Authority.
The position of code enforcement officer is established. The code enforcement officer and any designee shall be appointed by the city council and shall be designated by council resolution. The code enforcement officer shall be authorized to investigate compliance with the city regulations enumerated in POMC 2.64.030 and to take reasonable action to bring about compliance with such regulations, including but not limited to the issuance of notices of civil infraction. (Ord. 014-19 § 2; Ord. 003-18 § 1; Ord. 1844 § 1, 2002).
2.64.020 Notice of civil infraction.
(1) The code enforcement officer has authority to issue a notice of civil infraction:
(a) When a violation of the city regulations enumerated in POMC 2.64.030 is observed by the code enforcement officer; and/or
(b) When the code enforcement officer has reasonable cause to believe that a violation of city regulations as enumerated in POMC 2.64.030 has occurred.
(2) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be subject to separate penalties.
(3) A notice of civil infraction may be issued by the code enforcement officer to any responsible person, firm, corporation or agent. The notice of civil infraction shall contain the information required by RCW 7.80.070 as it now exists or may hereafter be amended.
(4) A notice of civil infraction shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at their last known address. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The notice of civil infraction, along with the declaration, shall be filed with the city of Port Orchard municipal court.
(5) A Notice of Civil Infraction – Jurisdiction. The city of Port Orchard municipal court shall have jurisdiction to hear and determine these matters. (Ord. 017-23 § 1 (Exh. A); Ord. 014-19 § 2; Ord. 1844 § 2, 2002).
2.64.030 Enforcement.
(1) A Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this chapter shall have committed a civil infraction and, upon finding by the city of Port Orchard municipal court that such civil infraction has been committed, shall pay all billable court costs, and pay monetary penalty to the city of Port Orchard, as set forth on the schedule below (subsections below have been paraphrased as an aid in determining the penalty only and are not intended for any other purpose):
(a) Violation of the public nuisance laws: $250.00;
(b) Violation of the zoning ordinance: $150.00;
(c) Violation of the sign code: $250.00;
(d) Violation of the conditions of approval for land use reclassification as approved by the city council: $150.00;
(e) Violation of the conditions of approval for special use permits as approved by the city council: $150.00;
(f) Violation of the conditions of approval for variances as approved by the planning commission: $150.00;
(g) Violation of the conditions of approval for final plats as approved by the city council: $250.00;
(h) Violation of the stormwater management ordinance: $100.00 to $1,000;
(i) Violation of the shoreline management program: $100.00 to $5,000;
(j) Violation of the critical areas ordinance: $100.00 to $1,000;
(k) Violation of the commercial vehicle parking ordinance: $250.00;
(l) Provided, any violation for which a penalty is not set forth above shall contain a monetary penalty not to exceed $100.00.
(2) Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision as set forth in this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorney fees.
(3) Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents or officers of the city, including the city police department, to enforce the provisions of this code under authority otherwise granted such agents or officers. (Ord. 014-19 § 2; Ord. 1892 § 1, 2003; Ord. 1844 § 3, 2002).
2.64.040 Applicability.
The enforcement authority of this chapter shall apply to the following ordinances and regulations of the city, and any subsequent ordinance and/or regulation as set forth in this chapter:
(1) Nuisances: Ordinance No. 1724 and amendments thereto;
(2) Zoning ordinance: POMC Title 20;
(3) Subdivisions: POMC Title 20;
(4) Sign code: POMC Title 20;
(5) Stormwater management ordinance: POMC Title 20;
(6) Critical areas ordinance: POMC Title 20;
(7) Shoreline master program;
(8) Commercial vehicle parking ordinance: Chapter 10.13 POMC. (Ord. 014-19 § 2; Ord. 019-17 § 17; Ord. 1892 § 2, 2003; Ord. 1844 § 4, 2002).
2.64.050 Inspections.
The code enforcement officer or the code enforcement officer’s designee shall inspect properties as necessary to determine whether the permittee has complied with conditions of the respective permits and, whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed by the code enforcement officer or by this code. The code enforcement officer or designee shall present proper credentials to the owner or other person in charge of the premises before requesting entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located, the code enforcement officer or designee shall have recourse to every remedy provided by law to secure entry, including, but not limited to, application for a search warrant. In making such application, the code enforcement officer or designee shall be assisted by the police department. (Ord. 014-19 § 2; Ord. 1844 § 5, 2002).