CHAPTER 17.15
ENFORCEMENT
Sections:
17.15.010 Enforcing official – Authority.
17.15.020 Mandatory compliance.
17.15.030 Civil regulatory orders.
17.15.050 Abatement and remediation.
17.15.060 Review of compliance with approved permits.
17.15.070 Revocation or modification of permits and approvals.
17.15.010 Enforcing official – Authority.
The Land Use Administrator shall be responsible for enforcing the Land Use Code, and may adopt administrative rules to meet that responsibility. As may be anticipated in other provisions of the Code, other provisions of the Code may be enforced by the appropriate officer of the City using the procedures set forth in this chapter. In such event, reference to the term "Land Use Code", "Development Code", "Subdivision Code" and/or "Zoning Code" shall apply to the provision of the Code being enforced. (Ord 01-86 §3 (Ex A))
17.15.020 Mandatory compliance.
Compliance with the requirements of the Land Use Code shall be mandatory. (Ord 01-86 §3 (Ex A))
17.15.030 Civil regulatory orders.
A. Authority. The Land Use Administrator may issue a civil regulatory order to a person if any activity by or at the direction of that person is, has been, or may be taken in violation of the Land Use Code.
B. Notice. A civil regulatory order shall be deemed served and shall 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 location.
C. Content. A civil regulatory order shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. 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 by 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 that is appropriate for the situation, to complete such actions.
7. If a civil fine is to be imposed, the amount of the fine, and the authority underwhich the fine is assessed.
8. A statement that failure to comply with the order may result in further enforcement actions, including civil fines, or abatement or remediation.
D. Appeal. A civil regulatory order may be appealed to the Hearing Examiner, pursuant to the provisions of Chapter 17.09. (Ord 09-259 §1; Ord 07-201 §2 (Ex B); Ord 01-86 §3 (Ex A))
17.15.040 Civil fines.
A. Authority. A person who violates any provision of the Land Use Code, or who fails to obtain any necessary permit, or who fails to comply with a civil regulatory order shall be subject to a C-15 civil penalty as set out in Chapter 1.01. Each separate day, event, action or occurrence shall constitute a separate violation.
B. Notice. A civil fine shall be imposed by a written notice, including a Civil Regulatory Order, and shall be effective when served or posted as set forth in 17.15.030(B). The notice shall describe the date, nature, location, and act(s) comprising the violation, the amount of the fine, and the authority under which the fine has been issued.
C. Appeal. A civil fine may be appealed to the Hearing Examiner, pursuant to the provisions of Chapter 17.09. (Ord 09-259 §2; Ord 07-201 §2 (Ex B); Ord 01-86 §3 (Ex A))
17.15.050 Abatement and remediation.
A. Authority. Upon the failure of a person to comply with a civil regulatory order, the City may proceed to abate or remediate the violation identified in the civil regulatory order.
B. Abatement or Remediation by Suit. The City may proceed by a suit in the Grant County Superior Court to enjoin, abate, or remediate the violation in the manner provided by Chapter 7.48 RCW. In any action brought in the Superior Court, when it is established that a violation of the Land Use Code exists, the Superior Court shall, together with the civil fine or penalty imposed, if any, enter an order of abatement as a part of the judgment in the case, which order shall direct either:
1. That the violation be abated or removed by the person responsible for the violation within the time limited by the Court, and not exceeding thirty days; and/or
2. That the Land Use Code Administrator may inspect the property to determine the Court’s orders have been complied with or to determine how the City may abate the violation; and/or
3. That the violation may be abated by the City, with the City’s costs and attorneys’ fees to be imposed upon the person or persons responsible for the violation, with the said costs assessed and entered as party of the penalty imposed if the Court’s orders are not obeyed. The sum shall be part of the judgment in the case, shall constitute a lien on the property affected, to be enforced and collected as a lien for labor and materials, pursuant to Chapter 60.04 RCW.
Proceeding under the provisions of this subsection (B) shall not prejudice the City’s ability to proceed to abate the violation under subsections (C) or (D) of this section.
C. Abatement or Remediation Upon Notice. Upon the following periods of alternative notices, subject to the notice and appeal requirements of Section 17.15.030, the City shall have the authority to abate or remediate the violation.
1. Three Days. When the violation causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of persons or property, and the responsible person(s) can be contacted, upon notice of three days;
2. Seven Days. When the violation does not cause or constitute an imminent or immediate danger to the health or safety of persons or property, but will develop into such a condition, through the passage of time, within seven days, upon notice of seven days;
3. Fifteen Days. In all other cases, upon notice of fifteen days.
D. Abatement or Remediation Without Notice. Whenever any violation of the Land Use Code causes or constitutes or reasonably appears to cause or constitute an imminent or immediate danger to the health or safety of the persons, and the responsible person(s) cannot be contacted or refuses to immediately abate the violation, the Land Use Administrator shall have the authority to summarily, and without notice, abate the same.
E. The expenses of any abatement or remediation by the City, including the costs of enforcement such as recording and attorneys’ fees, shall become a civil debt against the owner or the responsible person and shall also constitute a lien on the property affected, to be enforced and collected as a lien for labor and materials, pursuant to Chapter 60.04 RCW.
F. Nothing in this section shall prevent the Land Use Code Administrator, upon the exercise of their discretion, to enter into an agreement with a competent party authorized to deal with the issue. Such agreement shall require the responsible party to take all lawful and reasonable actions to abate the violation by a specified time and according to specified conditions, and shall include the following:
1. The name and address of the person(s) in charge of the property;
2. The street address or a description sufficient for identification of the property, building, structure, or land subject to the violation;
3. A description of the violation;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement that the City may inspect the property as may be necessary to determine compliance with the agreement; and
6. An agreement by the person in charge that the City may abate the violation and recover its costs, expenses and monetary penalties from the person in charge for abating the violation if the terms of the agreement are not satisfied; and
7. When a person in charge, other than an owner or an owner's agent, has permitted a property to be a chronic nuisance property. (Ord 14-443 §2; Ord 09-259 §3; Ord 06-177 §1; Ord 01-88 §1: Ord 01-86 §3 (Ex A))
17.15.060 Review of compliance with approved permits.
A. Review: Any approval or permit issued under this authority of the Land Use Code may be reviewed for compliance with the requirements of the Land Use 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 Land Use Administrator or by petition to the Land Use Administrator by three residents of the City, stating their belief as to the noncompliance, nuisance or hazard of the permitted activity.
C. Land Use Administrator Investigation. Upon receipt of information indicating the need for, or upon receiving a request for review of permit or approval, the Land Use Administrator shall 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 a civil regulatory order and/or civil fine and/or recommend revocation or modification of the permit or approval; and/or
3. Refer the matter for abatement or remediation; and/or
4. Refer the matter to the Hearing Examiner with a recommendation for action. (Ord 07-201 §2 (Ex B); Ord 01-86 §3 (Ex A))
17.15.070 Revocation or modification of permits and approvals.
A. Review by Hearing Examiner. Upon receiving the recommendation for revocation or modification of a permit or approval from the Land Use Administrator, the Hearing Examiner shall 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 the Land Use Code, or creates a nuisance or hazard, the Hearing Examiner may delete, modify or impose such conditions on the permit or approval it deems sufficient to remedy the deficiencies. If the Hearing Examiner finds no reasonable conditions which would remedy the deficiencies, the permit or approval shall be revoked and the activity allowed by the permit or approval shall cease. Enforcement of any determination by the Hearing Examiner shall be pursuant to the provisions of this chapter.
B. Reapplication. If a permit or approval is revoked for fraud or deception, no similar application shall 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 the Development Code. (Ord 07-201 §2 (Ex B); Ord 01-86 §3 (Ex A))