Chapter 18.10
ENFORCEMENT AND ADMINISTRATION
Sections:
18.10.010 Enforcement authority and administration.
18.10.020 Declaration of public nuisance—Misdemeanor.
18.10.040 Persons responsible for violations, abatement, remediation and compliance.
18.10.050 Administrative conferences.
18.10.060 Investigation, civil infraction citations, and notices of violation.
18.10.005 Scope.
Except in cases where a different punishment is prescribed by any ordinance of the city, all civil code violations defined under Section 18.05.030(B) shall be enforced and administered under this title. (Ord. 1670-10 § 1 (part), 2010)
18.10.010 Enforcement authority and administration.
A. In order to discourage code violations and otherwise promote compliance with applicable code provisions, the director may, so long as reasonable cause exists, determine that civil code violations have occurred or are occurring and may:
1. Issue notices of violations and orders to persons responsible;
2. Enter into voluntary compliance agreements with persons responsible for the code violations;
3. Issue notices of infractions, assess civil penalties and fines and recover costs as authorized by Chapters 18.25 and 18.35;
4. Order abatement by means of a notice of violation and order, or notice of infraction, and, if such abatement is not timely completed by the person responsible for the code violation, undertake the abatement and charge the reasonable costs of such work as authorized by Chapter 18.40;
5. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by Section 18.35.050(D);
6. Order work stopped at a site by means of a stop work order, and, if such order is not complied with, assess civil penalties, as authorized by Chapter 18.30; and/or
7. Suspend, revoke or modify any permit previously issued by the director or deny a permit application as authorized by Sections 18.35.050 and 18.35.060 when other efforts to achieve compliance have failed.
B. In addition or as an alternative to utilizing the procedures set forth in this title, the director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices that constitute a civil code violation.
C. In addition or as an alternative to utilizing the procedures set forth in this title, the director may assess or recover civil penalties accruing under this title by legal action filed in a court of competent jurisdiction by complaint or petition through the city attorney.
D. The provisions of this title shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this title from any person causing such violation.
E. The city may use the services of a collection agency in order to collect any fines, penalties, fees or costs owing under this title.
F. In administering the provisions for code enforcement, the director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation and any necessary remediation is being promptly provided. For purposes of this clause, substantial injustice cannot be based on economic hardship.
G. The provisions of this title authorizing the enforcement of noncodified ordinances are intended to assure compliance with conditions of approval on plats, unclassified use permits, zone reclassifications and other similar permits or approvals that may have been granted by ordinances that have not been codified, and to enforce new regulatory ordinances that are not yet codified. (Ord. 1670-10 § 1 (part), 2010)
18.10.020 Declaration of public nuisance—Misdemeanor.
A. All civil code violations hereby are determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances. All conditions determined to be civil code violations shall be subject to and enforced pursuant to the provisions of this title except where specifically excluded by law or regulation.
B. Any person who willfully or knowingly causes, aids or abets a civil code violation pursuant to this title by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or imprisonment in jail for a term not to exceed ninety days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this title or by law or other regulation, the director may request that the city attorney consider filing a misdemeanor complaint against the persons responsible for the code violation when the director has documentation or evidence that the violation was willful and knowing.
C. Interference. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the code violation in the performance of duties imposed by this title, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and a fine not to exceed one thousand dollars.
D. Failure to Identify. RCW 7.80.060 is hereby adopted by reference requiring a person who is to receive a notice of civil infraction or notice of violation under this title to identify himself or herself to the enforcement officer by giving his or her name, address, and date of birth. Upon the request of the officer, the person shall produce reasonable identification, including a driver’s license or identicard. A person who is unable or unwilling to reasonably identify himself or herself to an enforcement officer may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. Any person who fails to comply with this provision shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and a fine not to exceed one thousand dollars. “Enforcement officer” shall mean any person authorized to enforce the provisions of this title or any ordinance or regulation in which a civil violation is established. (Ord. 1670-10 § 1 (part), 2010)
18.10.030 Authority to enter.
Any officer authorized by this title to enforce the civil provisions of the Sedro-Woolley Municipal Code may, with the consent of the owner or occupier of a building or premises, enter at reasonable times any building or premises in order to perform the duties imposed by this title. (Ord. 1670-10 § 1 (part), 2010)
18.10.040 Persons responsible for violations, abatement, remediation and compliance.
A. It shall be the responsibility of any person identified as a person responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of fines, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. Persons determined to be responsible for the code violation pursuant to a notice of infraction, notice of violation and order, or stop work order shall be liable for the payment of any civil fines, penalties, and abatement costs for bringing the property into compliance.
B. Property Owners. It is the intent of this title to include property owners within the obligation for complying with its requirements as persons responsible for the condition of land and buildings situated within the city of Sedro-Woolley and within the scope of the Sedro-Woolley Municipal Code and for bringing the land and buildings into compliance. Persons, including any legal entity, who are owners of property where a civil code violation exists are included as “person(s) responsible” as defined by Section 18.05.030(K) in the event a violation continues after being notified of the violation by the city. After being notified of a code violation, the property owner shall provide the director, within seven days of the notice upon request, the identification of any lessor, tenant or other person entitled to control, use, and/or occupy property along with a copy of any rental or lease agreement. Failure to provide such information shall result in a violation of this title. (Ord. 1670-10 § 1 (part), 2010)
18.10.050 Administrative conferences.
An informal administrative conference may be conducted by the director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties should not be unreasonably excluded from such conferences. (Ord. 1670-10 § 1 (part), 2010)
18.10.060 Investigation, civil infraction citations, and notices of violation.
A. Whenever the department receives a complaint of a civil code violation from a member of the public, member of the department itself, or from another department, the director shall order an investigation.
B. Upon investigation, the director shall determine whether there is reasonable cause to believe that a civil code violation has occurred. If the department determines that such a violation has not occurred, the complaint and file will be closed.
C. If the director determines that reasonable cause exists to believe that a civil code violation has occurred, the director:
1. Shall document what remedial action is necessary to bring the site into compliance with the code.
2. Shall issue a notice of violation and order in accordance to the provisions of Chapter 18.15 or a notice of infraction in accordance to the provisions of Chapter 18.25 to the person responsible for the violation. The director should consider the following circumstances in deciding whether or not to issue a notice of violation in lieu of a notice of infraction:
a. When an emergency exists; or
b. When a repeat violation occurs; or
c. When the violation creates a situation or condition that cannot be corrected; or
d. When the person knows or reasonably should have known that the action is in violation of a city regulation; or
e. The person cannot be contacted or refuses to communicate or cooperate with the city in correcting the violation. (Ord. 1670-10 § 1 (part), 2010)