Chapter 20.212
DANGEROUS AND UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES
Sections:
20.212.010 Purpose – Findings.
20.212.030 Authority and liability.
20.212.040 Criteria for unfit or dangerous buildings or structures.
20.212.050 Inspection and complaint.
20.212.060 Findings and order.
20.212.070 Standards for demolition or repair.
20.212.090 Enforcement of order.
20.212.100 Requests for reconsideration, modification, or extension.
20.212.110 Emergency measures.
20.212.120 Sale or disposal of materials and contents.
20.212.130 Recovery of expenses.
20.212.140 Permits, regulations and workmanship.
20.212.150 Remedies not exclusive.
20.212.180 Penalties and other relief.
20.212.010 Purpose – Findings.
The city council finds that there are within the city of Port Orchard dwellings, buildings, structures, and premises, or portions thereof, which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure or premises, the occupants of neighboring dwellings, or other residents of the city, or which are otherwise unfit for human habitation, occupancy, or other uses, due to: dilapidation; disrepair; structural defects; unpermitted and substandard construction or modification; lack of maintenance; abandonment or neglect; filth and other conditions attracting insects or vermin or likely to spread disease; defects increasing the risks and hazards of fire, accidents, or other calamities; inadequate ventilation and uncleanliness; inadequate light or sanitary facilities; inadequate drainage; overcrowding; violations of various building, health, and safety regulations; and other conditions which are inimical to the health and welfare of the residents of the city.
Such dwellings, buildings, structures, and premises are dangerous to occupants, threaten the public health, safety, and welfare, attract and harbor vagrants and criminals, offend public values, lower the value of neighboring properties, contribute to neighborhood or community deterioration, and hamper community and economic development.
When the owners or other persons in possession or control of such properties are unwilling or unable to correct such conditions in a proper and timely manner, it is in the interest of the community and of the occupants of such places for the city to intervene and vacate, secure, correct, repair, or remove such buildings, structures, and conditions, and to pursue all legal means to recover from such persons and/or properties the costs of doing so, including the costs of staff salaries and benefits, materials, contractors, and all other legally recoverable costs and expenses. (Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.020 Definitions.
For the purposes of this chapter, certain words shall have the meanings as defined in this section. Words, terms, or phrases not defined in this section shall be as defined in the building code, other codes of this jurisdiction, or their commonly accepted meanings. Words used in the singular include the plural. Words in the masculine gender include the feminine and in the feminine gender include the masculine and all other gender identities.
(1) “Abandoned” or “apparently abandoned” shall mean any dwelling, building, structure or premises that is so neglected, or other characteristics exist, as to support a reasonable conclusion that it is vacant – except as may be temporarily occupied by vagrants – and not cared for by any owner, tenant, or other party.
(2) “Abate” shall mean to remove, repair, correct, put an end to, secure from entry, or otherwise eliminate or diminish the intensity of any dangerous or unfit dwelling, building, structure, or premises or portion thereof, or any condition causing a dwelling, building, structure, or premises to be dangerous or unfit.
(3) “Building” shall mean any structure used or intended for supporting or sheltering any use or occupancy.
(4) “Building code” shall mean the International Building and Residential Codes, and their referenced codes and standards, and other codes related to the construction, occupancy, and use of buildings and structures, as adopted and amended by Chapter 20.200 POMC, or as subsequently amended.
(5) “Director” shall mean the director of the department of community development or public works and their designee(s).
(6) “Hearing officer” shall mean the person designated by the city of Port Orchard to hear appeals of the findings and orders issued by the director, in accordance with POMC 20.212.080 and Chapter 2.82 POMC.
(7) “Owner” shall mean the owner or taxpayer shown in the records of the Kitsap County assessor, recorded with the Kitsap County auditor, or as otherwise known to the city of Port Orchard, and shall include any manager, agent, or other representative of the owner, or other person with responsibility for or control over the dwelling, building, structure or premises.
(8) “Person” shall mean and include any individual, business, corporation, organization, or entity.
(9) “Structure” shall mean or include that which is built or constructed or a portion thereof, including but not limited to buildings and such nonhabitable structures as walls, fences, towers, shafts, signs, and other constructed objects, whether temporary or permanent. For the purposes of this chapter, the terms “building” and “structure” may be used interchangeably, and both terms include dwellings and other premises and portions thereof. (Ord. 017-23 §§ 1, 3 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.030 Authority and liability.
(1) The director is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. These powers shall include the following, in addition to others granted in this chapter: (a) to determine which dwellings, buildings, structures, or premises or portions thereof are dangerous or unfit for human habitation or other use; (b) to administer oaths and affirmations, examine witnesses, and receive evidence; (c) to investigate and inspect dwellings, buildings, structures and premises and other property conditions in the city, and to enter into and upon such for the purpose of making examinations when the director has reasonable grounds for believing they are dangerous or unfit for human habitation or other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, to obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted, or to otherwise inspect or observe the building or structure in any lawful manner that does not constitute an unlawful trespass or violate a reasonable expectation of privacy; (d) to direct any utility provider to temporarily or permanently suspend or terminate service to any building or structure deemed dangerous or unfit under this chapter, and to authorize the reconnection or resumption of service once the conditions necessitating such action have been corrected to the satisfaction of the director; (e) to hire or otherwise receive assistance from such other experts, inspectors, individuals, contractors, agencies, or others as may be appropriate to conduct or assist with such inspections and actions or to provide reports or other information or resources the director may consider in evaluating such buildings/structures or use in enforcing the provisions of this code; (f) to expend public funds to abate such conditions; and (g) to cause such funds to be recovered by legal means including but not limited to filing liens against the properties upon which such buildings or structures have been abated.
(2) The director or designee, hearing officer, or employee charged with the enforcement of this chapter, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage or loss accruing to persons or property as a result of, or by reason of, any act or omission in the discharge of official duties.
(3) Any action, suit, or criminal proceeding instituted against the director or designee, hearing officer, or city employee, because of an act performed or an omission made by that director or designee, hearing officer, or employee in the lawful discharge of duties under the provisions of this chapter shall be defended by legal representatives of the jurisdiction until the final termination of the action, suit, or proceeding. The director or designee, hearing officer, or employee shall not be liable for the costs of any action, suit, or proceeding that is instituted relating to the provisions of this chapter. (Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.040 Criteria for unfit or dangerous buildings or structures.
The director may determine that a building or structure is dangerous or unfit for occupancy or other use if they find that conditions exist in such building or structure that are dangerous or injurious to the health, safety, or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the city, or is otherwise not safe or fit for the use for which it was designed or intended, or for other appropriate and legal use. Such conditions may include the following, without limitations:
(1) Any door, aisle, passageway, stairway, or other means of exit is too narrow or small, or other factors or conditions exist, so as to be unsafe or to hinder safe exit in case of panic, fire, or other emergency.
(2) The walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn, or other factors or conditions exist, so as to be unsafe or to not provide safe and adequate means of exit in case of panic, fire, or other emergency.
(3) The stress in any materials, member, or portion thereof, due to dead and live loads, is more than one and one-half times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose, or location.
(4) Any portion has been damaged by fire, earthquake, wind, flood, deterioration, neglect, or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such damage or deterioration and is less than the minimum requirements of the building code for new buildings of similar structure, purpose, or location.
(5) Any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons, damage property, or render other portions of the structure or premises unsafe or unfit to occupy.
(6) Any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached, or fastened in place as to be capable of resisting a wind pressure of one-half of that specified in the building code for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the building code for such buildings.
(7) Any portion thereof is wracked, warped, buckled, settled, deteriorated, or other conditions exist, such that walls or other structural portions have materially less resistance to wind, earthquakes, snow, or other loads, than is required in the case of similar new construction.
(8) The building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay, or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.
(9) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used or is designed and intended to be used.
(10) The exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall within the middle one-third of the base.
(11) The building, structure, or premises is damaged by fire, wind, earthquake, flood, or any other cause, has become dilapidated, deteriorated, or neglected, or is abandoned or apparently abandoned, so as to: (a) be an attractive nuisance dangerous to children; (b) attract and/or provide harborage for vagrants, criminals, or immoral persons; or (c) enable persons to resort thereto and engage in unlawful, immoral, or dangerous activities, or activities constituting a public nuisance.
(12) The building or structure has been constructed, exists, or is maintained, occupied, or used in violation of any specific requirement or prohibition applicable to such building or structure provided by the building code or any other law of the state or ordinance of the city relating to the condition, location, structure, occupancy, or use of buildings.
(13) The building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50 percent – or in any supporting part, member, or portion less than 66 percent – of the (a) strength, (b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics required by law for newly constructed buildings of like area, height, and occupancy in the same location.
(14) Because of neglect, dilapidation, decay, damage, or faulty construction; inadequate light, ventilation, or sanitation facilities; infestation of rodents, roaches, wood-destroying organisms, or other vectors of disease; filth or accumulation of garbage; or, for any other reason, the building, structure, or premises is unsanitary, unfit for human habitation, occupancy, or use, or in a condition that is likely to cause sickness or disease.
(15) Because of obsolescence, deterioration, damage, lack of sufficient or proper fire-resistive construction or fire-protection systems, faulty electric wiring or components, gas connections, or mechanical systems, or for any other cause, the building, structure, or premises is determined by the fire authority to be a fire hazard.
(16) Electrical, plumbing, mechanical, ventilation, or other equipment or systems, or portions thereof, due to damage, deterioration, improper installation or use, or any other cause, are unsafe, unable to perform their required or designed function, or contributing or likely to contribute to deterioration or unsafe conditions of other portions of the structure.
(17) Roofing, siding, vents, or other protective components, systems, or materials are damaged, deteriorated, improperly installed, or for any other reason not functioning properly to prevent the intrusion or retention of moisture into interior components or materials not designed or intended for exposure to moisture.
(18) Vents, cracks, or other exterior openings are not properly covered or otherwise treated to prevent the entrance of insects, birds, rodents, or other animals.
(19) Foundations, footings, and related supporting components are damaged, settled, or otherwise deteriorated, or not properly constructed, anchored, installed, or supported, as to provide the required support, stability, or protection against the elements.
(20) Any portion of a structure remaining on a site after the demolition or destruction of the structure or any structure abandoned or apparently abandoned so as to constitute such structure or portion thereof an attractive nuisance or hazard to the public.
(21) The building or structure is in such a condition as to constitute a public nuisance.
(22) Any vehicle, shipping container, tent, mechanical equipment, or other object, used as a dwelling/sleeping unit, storage structure/building, or other structure or occupancy, or component thereof, except as specifically designed and intended for such use, converted to such use in compliance with all applicable regulations, or otherwise approved for such use, and used in accordance with such design or approval.
(23) Any other condition the building official or other official or expert determines that renders the building or structure unsafe or unfit for habitation, occupancy, or other appropriate and legal use. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.050 Inspection and complaint.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the director finds that it is dangerous or unfit for human habitation, occupancy, or other appropriate and legal use, they shall issue a complaint stating in what respects such dwelling, building, structure, or premises is dangerous or unfit. Such complaint shall contain a notice that a hearing will be held before the director, at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint; and that all parties in interest shall be given the right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the director.
The complaint shall be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Kitsap County auditor, and shall be posted in a conspicuous place on such property. If the whereabouts of any of such persons is unknown and the same cannot be ascertained by the director in the exercise of reasonable diligence, and the director makes an affidavit to that effect, then the complaint may be served upon such persons by mailing a copy by certified mail, postage prepaid, return receipt requested, to each such person at the address of the building or structure involved in the proceedings, and mailing a copy by first class mail to any address of each such person in the records of the Kitsap County assessor or auditor. A copy of the complaint shall also be filed with the Kitsap County auditor and such filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.060 Findings and order.
If the director determines that the dwelling, building, structure, or premises is dangerous or unfit for human habitation, occupancy, or use, in accordance with this chapter, they shall state in writing their findings of fact in support of such determination, and shall issue an order that: (1) requires the owner or party in interest, within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises, or otherwise remove or correct the violating condition(s), so as to eliminate the threat and/or nuisance to the occupants and/or community and render it fit for human habitation, occupancy, or other appropriate or legal use, and/or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis of the standards set forth in POMC 20.212.040; or (2) requires the owner or party in interest, within the time specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action is deemed proper on the basis of those standards.
The findings and order shall be served and posted in the same manner as prescribed in POMC 20.212.050. If no appeal is filed, the order shall be final and a copy of the order shall be filed with the Kitsap County auditor. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.070 Standards for demolition or repair.
(1) In ordering the required course of action to be taken by the owner to abate the unfit or dangerous building or structure, the director may order the building or structure or a portion thereof demolished and not repaired under any of the following circumstances:
(a) The estimated cost to repair the building or structure or portion thereof is more than 50 percent of the appraised or estimated replacement value of the structure;
(b) The building or structure, exclusive of the foundation, has damage or deterioration to 33 percent or more of its supporting members, or 50 percent of its nonsupporting members, enclosing or outside walls or coverings.
(2) In estimating the replacement value of a building or structure, the director shall use the square foot cost estimating method set forth in the “Residential Cost Handbook,” Marshall and Swift, latest available edition, or a cost estimating method or publication that the director deems comparable.
(3) Appraised value of a structure shall be as determined by a professional real estate appraiser within one year of the date of the order.
(4) In estimating the cost of repairs, the director shall apply the following standards:
(a) All repair costs shall be based on estimates calculated from the Marshall and Swift “Residential Cost Handbook,” latest available edition, or a cost estimating publication that the director deems comparable;
(b) Repair estimates shall assume that all work will comply with the requirements of all applicable current codes;
(c) If the extent of damage to a portion of a building or structure cannot be ascertained from visual inspection, the director shall assume that the relative extent of damage or deterioration identified in the observable portion of the building exists in the unobserved portions; and
(d) Cost estimates for replacing or repairing the building, structure or portion thereof shall include the same type and quality of materials as originally used in the structure, unless different materials are required by current building, mechanical, electrical, plumbing, energy, fire, or other codes. If the building or structure is so damaged that the original materials cannot be determined, repair costs shall be estimated using the materials identified under the applicable building quality classification in the square foot cost estimating method in the “Residential Cost Handbook” by Marshall and Swift. (Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.080 Appeals.
(1) In accordance with RCW 35.80.030(1)(g), as now written or hereafter amended, within 30 days from the date of service upon the owner or any party in interest, and posting of the findings and order issued under POMC 20.212.060, the owner or any party in interest may file a notice of appeal with the city clerk for a hearing before the hearing officer.
(2) Upon application for an appeal, enforcement of the order is suspended until the resolution of the appeal, except that emergency measures and orders shall not be suspended.
(3) The city shall establish rules of procedure adequate to assure a prompt and thorough review of matters submitted to the hearing officer, including but not limited to the following:
(a) The hearing officer must resolve all matters submitted to them within 60 days from the date of filing;
(b) The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the hearing officer; and
(c) A transcript of the hearing officer’s findings of fact shall be made available to the owner or other party in interest upon demand.
(4) The decision of the hearing officer shall be served and posted, within five calendar days of issuance, in the same manner as prescribed in POMC 20.212.050 and shall be enforceable as provided herein.
(5) In accordance with RCW 35.80.030(2), as now written or hereafter amended, any person affected by a decision issued by the hearing officer pursuant to subsection (1) of this section may, within 30 days after the posting and service of the decision, petition to the superior court for an injunction restraining the director from carrying out the provisions of the decision. In all such proceedings the court is authorized to affirm, reverse, or modify the decision and such trial shall be heard de novo. Absent such a timely petition for injunction, the decision of the hearing officer shall be final. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.090 Enforcement of order.
If the owner(s) or parties in interest, following exhaustion of their rights to appeal, fail to comply with the final order or decision to secure, repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises or portion thereof, or otherwise remove or correct the violating condition, the director may direct or cause such dwelling, building, structure, or premises or portion thereof to be repaired, altered, improved, vacated and closed, removed, or demolished, or such other action as is necessary to remove or correct the violating condition. (Ord. 036-19 § 1; Ord. 023-17 § 1).
20.212.100 Requests for reconsideration, modification, or extension.
(1) Requests for reconsideration may be made to the director or hearing officer whose order or decision is the subject of the request. Such request must be made within 30 days of service of the order or decision. Appeal or compliance deadlines are not automatically suspended or extended upon filing of a request, but the director or hearing officer may, at their discretion, suspend or extend such deadlines during their review of the request and/or in their final decision.
(2) In working with an owner or other responsible party who has not appealed the director’s order and is working toward compliance, the director may grant additional time and/or alternative methods for achieving compliance from those initially ordered by the director. Such accommodations shall be in writing and signed by both parties, and shall be based on reasonable plans, progress, and/or assurances by the owner or responsible party, or on circumstances outside of their control, and upon reasonable interim measures implemented to protect the health, safety, and welfare of the public and/or occupants of the building. Issuance of any permit for work related to the conditions addressed herein may be conditioned on such written agreement and assurances. Such accommodations and permit(s) shall be conditioned upon the continued satisfactory performance of the owner or responsible party and may be revoked by the director upon lack of satisfactory performance. The granting or revocation of such accommodations/agreements shall not be subject to appeal.
(3) Any owner or responsible party who has appealed to the hearing officer must petition the hearing officer for any subsequent modification of the time, method, materials, or other provisions of the order issued by the hearing officer, unless the hearing officer has delegated such authority to the director. If such authority has been delegated, the director, at their discretion, may consult with or defer any such decision back to the hearing officer.
(4) Any owner or responsible party must petition to the superior court for any subsequent modification of the time, method, materials, or other provisions of any order issued by the court, unless the court has delegated such authority to the director or hearing officer. If such authority has been delegated, the director or hearing officer, at their discretion, may consult with or defer any such decision back to the superior court. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1).
20.212.110 Emergency measures.
Whenever the director finds that any building, structure, premises, or portion thereof is an imminent hazard to the public, the building occupants, or surrounding buildings or properties, they may, without notice and order, take immediate action to vacate, stabilize, secure from entry, or otherwise protect the occupants, public, and surrounding properties or buildings from the hazard. Such action may include closing and vacating sidewalks, streets, and surrounding properties and buildings. The director shall, within five working days following completion of such work or action, issue a complaint pursuant to this chapter. Any city funds spent in responding to the emergency shall be included in costs recoverable under this chapter.
Any notice posted by the director, declaring a building, structure, or premises unsafe or unfit to enter or occupy may only be removed by the director or designee, or with the express approval of the director or designee. Any person who removes, alters, defaces, covers, or otherwise renders such notice ineffective, without such express approval, shall be guilty of a misdemeanor. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.100).
20.212.120 Sale or disposal of materials and contents.
If the dwelling, building, structure, or premises is removed or demolished by the city, the director shall, if possible, sell the materials of the dwelling, building, structure, or premises, and shall credit the proceeds of such sale against the cost of the removal or demolition and, if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the director, after deducting the costs incident thereto.
The determination of whether or not it is possible to sell the materials shall be based on factors such as, but not limited to: the type, nature, and condition of the materials; whether or not they can reasonably be removed and separated for sale; and the costs involved in attempting to sell the materials. The salability of the materials may be determined by the director based on experience, or in consultation with such contractors or experts as deemed appropriate.
The procedures for selling the materials shall be based on the type and quantity of materials involved. Such procedures may include, but not be limited to: listing in local, Internet, or other forums or publications; request for bids for purchase and removal; public auction; and recycling by abatement contractor. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.110).
20.212.130 Recovery of expenses.
(1) The amount of the cost of such repairs, alterations or improvements, vacating and closing, removal or demolition, or other action to remove or correct the violation(s) and/or protect the occupants, public, and/or neighboring buildings and properties, taken or caused to be done by the director, shall be assessed against the real property upon which such cost was incurred, unless such amount is previously paid. Such costs shall include all reasonable expenses, including, but not limited to, the costs of consultants and contractors, legal counsel, staff time, court fees, materials and equipment, incidentals, mailing, publishing, and recording notices. Pursuant to RCW 35.80.030(1)(h), the amount of such costs shall constitute a lien against the property of equal rank with state, county, and municipal taxes.
(2) For purposes of this section, the cost of vacating and closing shall include (a) the amount of relocation assistance payments that a property owner has not repaid to the city of Port Orchard or other local government entity that has advanced relocation assistance payments to tenants under RCW 59.18.085; and (b) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.
(3) Upon certification to them by the director of the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. (Ord. 017-23 § 1 (Exh. A); Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.120).
20.212.140 Permits, regulations and workmanship.
All repairs, improvements, maintenance, or other work performed in relation to any enforcement under this code shall be performed and completed by the owner, contractor, or other person in interest in a workmanlike manner and in compliance with all permitting and other requirements of all applicable codes and regulations. The owner or other person in interest shall be responsible for identifying and complying with all applicable codes and regulations. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.130).
20.212.150 Remedies not exclusive.
(1) This section does not abrogate or impair the powers of the courts or of any department of the city to enforce any other of its ordinances or regulations, or to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
(2) This section does not impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.140).
20.212.160 Public nuisance.
Any structure or premises subject to complaint or order under this chapter is also a public nuisance. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.150).
20.212.170 Violations.
(1) In addition or alternative to any other provisions of this chapter, any person who violates or fails to comply with any of the provisions of this chapter, or who violates or fails to comply with any lawful notice or order made hereunder, shall for each and every such violation and noncompliance respectively be subject to the penalties and provisions specified in POMC 20.212.180.
(2) Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be punished as such. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.160).
20.212.180 Penalties and other relief.
(1) Civil Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a civil infraction subject to a penalty in the amount of $250.00, not including statutory penalties, per violation.
(2) Criminal Penalty. In addition or alternative to any other penalty provided herein or by law, any violation of, or failure to comply with, any provision of this chapter or any lawful order issued hereunder shall constitute a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 036-19 § 1; Ord. 023-17 § 1. Formerly 20.212.170).