Chapter 17.08
ENFORCEMENT
Sections:
17.08.004 Subdivision violations.
17.08.006 Abatement order violations.
17.08.016 Investigation and notice of violation.
17.08.024 Appeal of violation notice.
17.08.026 Appeal of administrative decisions.
17.08.030 Deadline for filing appeal.
17.08.032 Scheduling and notice of appeal.
17.08.002 Violations.
A. Unless otherwise provided, violations of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program shall be enforced pursuant to the provisions of this chapter.
B. It is a violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program for any person to initiate, place, construct, install, maintain or cause to be initiated, placed, constructed, installed or maintained any structure, sign, fence, bulkhead, pavement, vegetation, fixture, equipment, site accessory or property within the city of Shelton without first obtaining written approved and issued permits required for the construction, development or use by the aforementioned codes, or without conforming to all codes pertaining to such construction, placement, installation, development, condition and/or use.
C. It is a violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program for any person to use, construct, place, locate, remove or demolish, or cause to be used, constructed, placed, located, removed or demolished, any structure, sign, fence, bulkhead, pavement, vegetation, fixture, equipment, site accessory or property within the city of Shelton in any manner that is not permitted by the terms of any approved and issued permit pursuant to the aforementioned codes; provided, that the terms or conditions are explicitly stated on the permit or the approved plans; or provided, that the terms, conditions and/or requirements are explicitly stated by adopted codes.
D. In addition to the above, it is a violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program to:
1. Remove or deface any sign, notice, city posting or order required by or posted in accordance with the aforementioned codes;
2. Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction written approval;
3. Fail to comply with any order, notice or city posting of the city to correct, vacate or otherwise not occupy any structure, building or site deemed substandard, unsafe to occupy, or noncompliant with city codes and regulations. (Ord. 1724-0108 § 1(1), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.004 Subdivision violations.
A. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of Title 19, Subdivisions, or any term or condition of plat approval prescribed for the plat by the city, then the city attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of Title 19, or with such terms and conditions. The costs of such action shall be assessed against the violator. (Ord. 1724-0108 § 1(2), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.006 Abatement order violations.
A. Notice and Procedures for Violation Notices. Violations of orders to abate dangerous and/or substandard buildings or structures under the Uniform Code for the Abatement of Dangerous Buildings (UCADB) or the Uniform Housing Code (UHC) shall be processed under the provisions of Section 17.08.016. (Ord. 1724-0108 § 1(3), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.008 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program shall be subject to a cumulative penalty in the amount of two hundred fifty dollars per day for each violation from the date set for compliance until compliance with the order is achieved.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The community and economic development director may notify the city prosecutor of the name of any person subject to the penalty, and the city prosecutor may, with the assistance of the community and economic development director, take appropriate action to collect the penalty.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.
D. The community and economic development director shall process any violation of Titles 15, 18, 19, 20, 21 and/or the city of Shelton’s officially adopted shoreline master program as a civil violation unless a violation is expressly listed as a misdemeanor in the applicable codes, or unless the violation is subject to criminal proceedings under Section 17.08.010. (Ord. 1724-0108 § 1(4), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.010 Criminal penalties.
A. Any person violating or failing to comply with any of the provisions of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program, and who has been found to have committed a civil violation pursuant to Section 17.08.008 or its predecessors for the same or similar conduct occurring at the same location within the past five years, shall be guilty of a misdemeanor and subject to criminal prosecution. Each day of noncompliance with any of the provisions of Titles 15, 18, 19, 20, 21, and/or of the city of Shelton’s officially adopted shoreline master program shall constitute a separate offense.
B. The above criminal penalty may also be imposed:
1. For any other violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program for which corrective action is not possible;
2. For any violation of a stop work order or emergency order, except such work as a person is directed to perform to remove a violation or unsafe conditions;
3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program;
4. For any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be guilty of a misdemeanor and subject to criminal penalties described in this section. (Ord. 1724-0108 § 1(5) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.012 Additional relief.
The community and economic development director may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted Shoreline Master Program when civil or criminal penalties are inadequate to effect compliance. (Ord. 1724-0108 § 1(5) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.014 Duty to enforce.
A. It shall be the duty of the community and economic development director to enforce this chapter. The community and economic development director may call upon the police, fire, building, public works or other appropriate city departments to assist in enforcement. As used in this chapter, “community and economic development director” shall also mean his or her duly authorized representative.
B. Upon presentation of proper credentials, the community and economic development director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program.
C. This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, the owner’s agent, the occupier or other person responsible for the violation of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program.
E. No provision of, or any term used in, this chapter is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. (Ord. 1724-0108 § 1(6), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.016 Investigation and notice of violation.
A. Investigation. The community and economic development director shall investigate any use or condition which the community and economic development director reasonably believes does not comply with the standards and requirements of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program.
B. Correction. The provisions of this section may be utilized whenever the community and economic development director reasonably believes that a violation of a regulation to which this chapter applies has occurred or is occurring.
1. The community and economic development director may, at his or her discretion, attempt to secure the voluntary correction of a violation of a regulation enforced pursuant to this chapter by contacting the person responsible for the violation, explaining the violation, and requesting correction. The failure of the community and economic development director to seek voluntary correction shall not invalidate any code enforcement action taken by the community and economic development director or the city.
2. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the community and economic development director.
3. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which that person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the violation; and
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
c. A description of the violation and a reference to the regulations which have been violated; and
d. An acknowledgement by the person responsible for the violation that the violation described in the correction agreement exists; and
e. The necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgement by the person responsible for the violation that he or she will correct the violation within the time specified in the voluntary correction agreement; and
f. Acknowledgement by the person responsible for the violation that the city may inspect the premises as may be necessary, during reasonable times, to determine compliance with the voluntary correction agreement; and
g. Acknowledgement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses of enforcement and abatement and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not met.
4. An extension of the time limit for correction or a modification of the required corrective action may be granted by the community and economic development director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
C. Notice of Violation. If after investigation the community and economic development director reasonably believes that the standards or requirements of Titles 15, 18, 19, 20, 21, and/or the city of Shelton’s officially adopted shoreline master program have been violated, the community and economic development director may serve a notice of violation upon the owner, the owner’s agent or other person responsible for the condition. The notice of violation shall contain the following information:
1. The street address and a legal description sufficient for identification of the premises upon which the violation is located.
2. A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter.
3. A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction.
4. If the violations involve a dangerous and/or substandard building, a statement that the building official has found the building to be dangerous and/or substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Chapter 3 of the Uniform Code for Abatement of Dangerous Buildings (UCADB), and/or substandard under the provisions of Chapter 10 of the Uniform Housing Code (UHC).
5. A separate statement of each code provision or requirement violated.
6. What corrective action, if any, is necessary to comply with the code provisions or requirements.
If the community and economic development director has determined that the building or structure must be repaired, the notice shall require that all required permits be secured therefor and the work physically commenced and completed within such time as the community and economic development director shall determine is reasonable under all of the circumstances.
If the community and economic development director has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the community and economic development director to be reasonable.
If the community and economic development director has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the community and economic development director shall determine reasonable, that all required permits be secured therefor within 60 days from the date of the order and that the demolition be completed within such time as the community and economic development director shall determine is reasonable.
7. A statement of the reasonable time for compliance as defined in Section 17.08.018.
8. A statement of applicable monetary penalties for violations cited in the notice.
9. A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in Section 17.08.010.
10. A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options.
11. A statement that at any hearing to contest the determination the city has the burden of proving by a preponderance of the evidence that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative who issued and served the notice of infraction.
12. A statement that the person must respond to the notice as provided in this chapter within ten days.
13. A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the prosecuting attorney for criminal prosecution for failure to respond or appear.
D. Service. The notice shall be served on the owner, the owner’s agent and/or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested. The notice shall be addressed to the last known address of record of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the community and economic development director makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:
1. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, posting in a conspicuous place at the address of the property involved in the proceedings.
E. Notice to Vacate. If a site, building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or of the occupants, it shall be ordered to be vacated, and the notice of violation issued under subsection B of this section shall specify the reasons for the notice to vacate. Every notice to vacate shall be posted at or upon each exit of the building, and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Community and Economic Development Director [or designee] of the City of Shelton
F. Other Actions May Be Taken. Nothing in this chapter shall be deemed to limit or preclude any action or proceeding pursuant to Sections 17.08.004, 17.08.008, 17.08.010, 17.08.012, 17.08.020, or 17.08.022.
G. Optional Notice to Others. The community and economic development director may mail, or cause to be delivered, to all residential and/or nonresidential rental units in the structure or post at a conspicuous place on the property a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
H. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation. (Ord. 1724-0108 § 1(7), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.018 Time to comply.
A. Determination of Time. When calculating a reasonable time for compliance, the community and economic development director shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The imminence of the threat to life, limb and property as a result of the violation;
3. The stated intent, if any, of a responsible party to take steps to comply;
4. The procedural requirements for obtaining a permit to carry out corrective action;
5. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
6. Any other circumstances beyond the control of the responsible party.
B. Order Becomes Final Unless Appealed. Unless an appeal is filed pursuant to Section 17.08.024, the notice of violation shall become the final order of the community and economic development director. A copy of the notice may be filed with the Mason County auditor. (Ord. 1724-0108 § 1(8) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.020 Stop work order.
A. Cause for Issuance. Whenever a continuing violation of this code will materially impair the community and economic development director’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the community and economic development director shall issue a stop work order specifying the violation and prohibiting any work or other activity at the site.
B. Method of Delivery. Stop work orders shall be posted on the site of the work and/or hand delivered to the permittee or his authorized representative, and shall also be served to the owner, tenant and/or other person responsible for the condition under the provisions of Section 17.08.016.
C. Time to Comply. All work associated with the stop work order shall cease immediately upon delivery and corrections shall be made within the time frame specified in the stop work order.
D. Penalties. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be guilty of a misdemeanor and subject to criminal penalties described in Section 17.08.010. (Ord. 1724-0108 § 1(8) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.022 Emergency order.
Whenever any use or activity in violation of Titles 15, 18, 19, 20, 21 and/or the City of Shelton’s officially adopted Shoreline Master Program threatens the health and safety of the occupants of the premises or any member of the public, the community and economic development director may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a misdemeanor. Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the community and economic development director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. (Ord. 1724-0108 § 1(8) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.024 Appeal of violation notice.
A. Notice of Violation Appeal. Any person receiving a notice of violation issued by the community and economic development director pursuant to Section 17.08.016 for a violation of the codes in this title may appeal the notice under the provisions of Sections 17.08.026(B) and 17.08.028. Appeals shall be submitted within the time frame described in Section 17.08.030. (Ord. 1724-0108 § 1(9) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.026 Appeal of administrative decisions.
A. Appeals to Hearings Examiner. Appeals of administrative interpretations of code provisions are appealable to the hearings examiner and shall be processed according to the provisions of Sections 17.08.024 and 17.08.028. (Ord. 1904-0717 § 2, 2017; Ord. 1724-0108 § 1(9) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.028 Form of appeal.
A. Appeals from any notice of violation and order of the community and economic development director must be accompanied by an appeal fee of five hundred dollars and be filed with the city of Shelton community and economic development department in accordance with the deadline contained in Section 17.08.030. The written appeal shall contain the following information:
1. A heading in the words: “Before the_____________ [either hearings examiner or building code advisory board, as specified by this title] of the City of Shelton.”
2. A caption reading: “Appeal of...” giving the names of all appellants participating in the appeal.
3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
4. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant.
5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside.
6. The signatures of all parties named as appellants and their official mailing addresses.
The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. (Ord. 1724-0108 § 1(10) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.030 Deadline for filing appeal.
Appeals shall be filed within ten days from the date of the service of such order or action of the community and economic development director, except that appeals of notice of abatement of dangerous buildings shall be filed within five days from the date of service of the notice and order of the community and economic development director. (Ord. 1724-0108 § 1(10) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.032 Scheduling and notice of appeal.
A. Scheduling. Within sixty days of the receipt of appeals received under Section 17.08.030, the community and economic development director shall schedule a hearing before the hearings examiner, pursuant to Chapter 2.36. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appellant by the city either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal. (Ord. 1724-0108 § 1(10) (part), 2008: Ord. 1694-0307 § 1 (part), 2007)
17.08.034 Hearings examiner appeals, authority over abatement of unfit dwellings, buildings, structures and premises.
A. Appeals. At or after the appeal hearing, the hearings examiner may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information;
4. Modify the notice of violation, which may include an extension of the compliance date;
5. The hearings examiner shall issue a decision within ten days of the date of the completion of the review and shall cause the same to be mailed by regular first class mail to the person(s) named on the notice of violation, mailed to the complainant, if possible, and filed with the Mason County auditor’s office;
6. The decision of the hearings examiner shall be final. Any appeal of the hearings examiner’s determination must be filed with superior court within twenty days from the date of the mailing of the hearings examiner’s decision.
B. Abatement of Dangerous Dwellings.
1. The director may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if conditions exist which are dangerous or injurious to the health or safety of the occupants, the occupants of neighboring dwellings, or other residents of the city of Shelton. A dwelling, building, structure, or premises is dangerous or injurious when it is vacant for an extended period and persistently or repeatedly becomes unprotected or unsecured; or is currently or frequently occupied by unauthorized persons for illegal purposes; or the owner or occupant(s) of the structure have not provided minimum safeguards to protect or warn occupants in the event of fire; or contains unsafe equipment; or has inadequate ventilation, light, or sanitary facilities, severe uncleanliness, overcrowding, or inadequate drainage; or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it presents a danger of structural collapse or fire spread to adjacent properties.
2. Upon making a determination that a dwelling, structure, or premises is unfit, the director shall serve the complaint and set a hearing before the hearings examiner between ten and thirty days of the complaint, as outlined in RCW 35.80.030(1)(c).
3. In determining the fitness of a premises, the hearings examiner shall reference Titles 8 and 17 SMC, the building code, or any other pertinent provision of this development code, in accordance with RCW 35.80.030(1)(d) and (e). As set forth in RCW 35.80.030(1)(h), upon entering a finding that a dwelling, structure, or premises is unfit, the hearings examiner shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner or party in interest thereof, and shall post in a conspicuous place on the property, an order that (a) 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 to render it fit for human habitation, or to vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper; or (b) 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. If no appeal is filed, a copy of such order shall be filed with the auditor of the county in which the dwelling, building, structure, or premises is located.
4. The hearings examiner’s order may be appealed to the city council by filing a notice of appeal with the director within thirty days of the date of the order.
5. If the owner or party in interest, following exhaustion of his or her rights to appeal, fails to comply with the order to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, the director may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed, or demolished. In accordance with RCW 35.80.030(1)(h), the cost of abatement by the city shall be assessed against the real property upon which such cost was incurred, which assessment the county treasurer shall enter upon the tax rolls against the property for the current year. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.
6. Any person affected by an order issued by the city council pursuant to subsection (B)(5) of this section may petition to the superior court as provided in RCW 35.80.030(2). (Ord. 1921-0518 (part), 2018; Ord. 1797-1211 § 1, 2011: Ord. 1724-0108 § 1(11), 2008: Ord. 1694-0307 § 1 (part), 2007)