Chapter 19.07
ENFORCEMENT
Sections:
19.07.010 Enforcing official—Administrator.
19.07.040 Administrative order of compliance.
19.07.050 Review of approved permits.
19.07.060 Revocation or modification of permits and approvals.
19.07.010 Enforcing official—Administrator.
The administrator is responsible for enforcing Prosser Municipal Code Titles 16, 17, 18 and 19, (this includes all land use titles such as zoning, subdivisions, critical area, shoreline management, and the like) and may adopt administrative rules to meet that responsibility. The administrator may delegate enforcement responsibility to other city staff as appropriate. (Ord. 1916 § 1 (part), 1997).
19.07.020 General penalty.
Compliance with the requirements of Titles 16, 17, 18 and 19 is mandatory. The penalties and remedies heretofore established by the Prosser Municipal Code for violation of the provisions of such titles shall continue to apply. The enforcement actions authorized under this chapter are supplemental to those penalties and remedies and are not intended to supersede the same. (Ord. 1916 § 1 (part), 1997).
19.07.030 Application.
A. Actions under this chapter will be taken in any order deemed necessary or desirable by the administrator to achieve the purpose of this chapter.
B. Proof of a violation of a development permit or approval will 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 will not relieve or prevent enforcement against any other responsible person. (Ord. 1916 § 1 (part), 1997).
19.07.040 Administrative order of compliance.
A. Authority. An administrative order of compliance 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 Titles 16, 17 or 18.
B. Notice. An order of compliance will be deemed served and 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 or other person having responsibility for the locations.
C. Content. The order of compliance will set forth:
1. The name and address of the person to whom it is directed;
2. The location and specific description of the violations;
3. A notice that the order is effective immediately upon posting at the site and/or receipt by the person to whom it is directed;
4. An order that the violation immediately cease, or that the potential violation be avoided;
5. An order that the person stop work until correction and/or remediation of the violation as specified in the order;
6. A specific description of the actions required to correct, remedy or avoid the violation, including a time limit to complete such actions;
7. A notice that failure to comply with the regulatory order may result in further enforcement actions, including civil fines and criminal penalties.
D. Remedial Action. The administrator may require any action reasonably calculated to correct or avoid the violation, including but not limited to replacement, repair, supplementation, revegetation or restoration.
E. Appeal. An administrative order of compliance may be appealed to the city council in accord with Section 8.26.080.
F. Legal Action. Any person who does not comply with an order of compliance will be subject to appropriate legal action, including possible submittal of the matter to a court of competent jurisdiction. (Ord. 1916 § 1 (part), 1997).
19.07.050 Review of approved permits.
A. Review. Any approval or permit issued under the authority of this code may be reviewed for compliance with the requirements of the code, or to determine if the action is creating a nuisance or hazard, has been abandoned, or the approval or permit was obtained by fraud or deception.
B. Initiation of Review. The review of an approval or permit may be initiated by the administrator, city council, or by petition to the administrator by three property owners or three residents of separate dwelling units in the city, stating their belief as to the noncompliance, nuisance or hazard of the permitted activity.
C. Administrator’s Investigation. Upon receipt of information indicating the need for, or upon receiving a request for review of a permit or approval, the administrator will investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue an administrative order of compliance; and/or recommend revocation or modification of the permit or approval; and/or
3. Refer the matter to the city attorney; and/or,
4. Refer the matter to the city council with a recommendation for action. (Ord. 1916 § 1 (part), 1997).
19.07.060 Revocation or modification of permits and approvals.
A. Upon receiving an administrator’s recommendation for revocation or modification of a permit or approval, the city council will review the matter at a public hearing. Upon a finding that the activity does not comply with the conditions of approval or the provisions of this code, or creates a nuisance or hazard, the city council may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the council finds no reasonable conditions which would remedy the deficiencies, the permit or approval will be revoked and the activity allowed by the permit or approval must cease.
B. Reapplication. If a permit or approval is revoked for fraud or deception, no similar application will be accepted for a period of one year from the date of final action and appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the requirements of this code. (Ord. 1916 § 1 (part), 1997).