Chapter 10.52
PARKING ON THE FRONT YARD
Sections:
10.52.020 Utility, recreational, and motor vehicles.
10.52.030 Enforcement and penalties.
10.52.040 Service of notice of civil infraction.
10.52.050 Hearing by the court.
10.52.010 Definitions.
The following terms used in this chapter shall have the meaning given to them as set forth below. Gender and number shall be interchangeable.
“Abate” means to take whatever steps are deemed necessary to ensure that the property complies with applicable code requirements.
“City council” means the city council for the city of Toppenish.
“Code enforcement officer” means a regular or specially commissioned officer so designated by the city manager assigned to enforce the provisions of this chapter.
“Costs” means the city’s actual expenses incurred to correct illegal conditions pursuant to the provisions of this chapter plus the administrative fee provided herein.
“Court” means Toppenish municipal court.
“Days” will be counted as business days when five or less days are allowed to do an act required by this chapter. “Days” will be considered calendar days when more than five days are allowed to do an act required by this chapter.
“Driveway” means the private traveled path to or through a property, which extends in a straight line from a legally established curb cut intended for the access of such driveway. In the case of circular driveways, it is the improved surface that connects one legally established curb cut to another.
“Front yard” means the open area in a residential zone extending along and parallel to the entire length of the front lot line and measured from the property line to the structure.
“Improved surface” means a surface covered with gravel, cement, pavers, asphalt, brick, or other material approved in writing by the code enforcement officer.
“Incidental expenses” includes but is not limited to personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing.
“Interested person” means any person entitled to receive a notice of civil infraction issued by the code enforcement officer or a police officer under TMC 10.52.030.
“Owner” means any person having any interest in the real estate in question as shown upon the records of a title report and/or the office of the Yakima County assessor, or who establishes his/her interest before the code enforcement officer or police officer. For the purpose of giving notice, the term “owner” also includes any person in physical possession.
“Party in interest” means any person entitled to a notice of civil infraction issued by the code enforcement officer or a police officer.
“Person responsible for a code violation” means the person who allowed the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property where the code violation occurs.
“Recreational vehicle” means any snowmobile, watercraft, golf cart, motor home, camper, camp trailer, all-terrain vehicle, or other vehicle in which the primary use is recreation and not everyday use.
“Repeat violation” means a violation of the same regulation by the same person at the same location for which compliance has been sought within two years, or for which a notice of civil infraction has been issued within two years.
“Residential zone” means an R1 or R2 residential district regulated by Chapter 17.28 or 17.32 TMC.
“Subject property” means the dwelling, building, and structure or premises that is the subject of investigation or an enforcement action pursuant to this chapter.
“TMC” means Toppenish Municipal Code.
“Utility trailer” means a licensed, nonmotorized vehicle, which is intended to be towed behind another vehicle.
“Violate” means to do or permit to be done upon any premises over which such person, firm, or corporation has control, or to maintain, carry on, suffer, or allow at any place or places mentioned in this chapter any of the acts or conditions prohibited therein. (Ord. 2010-22 § 7, 2010; Ord. 2008-16 § 1, 2008).
10.52.020 Utility, recreational, and motor vehicles.
A. No motor vehicle, recreational vehicle, or utility trailer may be parked upon the front yard of a residence or business unless such vehicle or trailer is parked upon an improved surface driveway.
B. Leaving vehicles unattended on blocks, jacks, ramps or otherwise elevated above the ground is prohibited, unless, when unattended, the vehicle is enclosed in a garage, or surrounded by a fence or screened from view and access by other means. (Ord. 2008-16 § 1, 2008).
10.52.030 Enforcement and penalties.
A. Notice of Civil Infraction. When it is determined that a violation has occurred or is occurring, the city may issue a notice of civil infraction in the amount of $100.00 for each day the unlawful condition is allowed to continue, to the person responsible for the code violation and the owner of the property, if different. A notice of civil infraction shall include the following:
1. The name and address of the person(s) responsible for the violation;
2. The street address or other description sufficient for identification of the subject property upon or with which the violation has occurred or is occurring;
3. A description of the violation and a reference to the regulation which has been violated;
4. The required corrective action and a date and time by which the correction must be completed, after which the city may abate the unlawful condition using all legal means;
5. A statement that the responsible person may file a written request for hearing with the court within 15 days of issuance of the notice of civil infraction. Failure to timely file a request for a hearing shall constitute a waiver of the right to a hearing to contest or to mitigate the finding that the infraction was committed. A hearing, timely requested, shall be set before the court no less than 10 days but no more than 20 days from the date of the notice of civil infraction, unless such date is continued by the court for good cause or by agreement of the parties;
6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, other than city costs and incidental expenses, if the required corrective action is completed and approved by the city prior to the hearing; and
7. A statement that the costs and incidental expenses of abatement incurred by the city may be assessed against the person(s) to whom the notice of civil infraction is directed as specified and ordered by the court. (Ord. 2008-16 § 1, 2008).
10.52.040 Service of notice of civil infraction.
Service of the notice of civil infraction to the person responsible for the violation and/or the property owner may be done either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address and pursuant to Yakima County assessor’s records and/or the residence property address. If the person responsible for the violation cannot be personally served within the city of Toppenish and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil infraction conspicuously on the affected property. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if posting, the facts showing the attempts to serve the person personally or by mail. (Ord. 2008-16 § 1, 2008).
10.52.050 Hearing by the court.
A. If a person who receives a notice of civil infraction has requested a hearing in a timely manner, hearing will be conducted by the Toppenish municipal court.
B. If a request for a hearing is received, the court shall mail a notice giving the time, location, and date of the hearing, by certified mail, with five-day receipt requested, to person(s) to whom the notice of civil infraction was directed.
C. The court shall conduct a hearing on the unlawful condition. The code enforcement officer or the police officer who issued the notice of infraction, as well as the person(s) to whom the notice of civil infraction was directed, may participate as parties in the hearing, and each party may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable.
D. The court shall determine whether the city has established, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable and shall affirm, modify, or vacate the decision(s) of the code enforcement officer or the police officer regarding the alleged violation and/or the required corrective action, with or without written conditions.
E. The court shall issue a final order which contains the following information:
1. The decision regarding the alleged violation including findings of facts and conclusion based thereon;
2. The required corrective action, if any;
3. The date and time after which the city may proceed with abatement or other corrective remedies if the required corrective action is not completed;
4. A statement of any appeal remedies;
5. A notice that if the city proceeds with abatement, a lien for the costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provision of this chapter.
F. If the person to whom the notice of civil infraction was directed fails to appear at the scheduled hearing, the court will enter an order finding that the violation has occurred and that abatement or other corrective remedies may proceed.
G. The notice of civil infraction shall be served on the person by one of the methods stated in TMC 10.52.040.
H. A final order of the court may be appealed to a court of competent jurisdiction no more than 10 calendar days after its issuance.
I. Except as otherwise provided in this chapter, the procedural requirements for issuing a notice of civil infraction, the duties and rights of the parties, the hearing procedures, penalties, restitution, and all other matters regarding processing a civil infraction notice shall be as set forth in Chapter 2.90 TMC. (Ord. 2010-22 § 8, 2010; Ord. 2008-16 § 1, 2008).
10.52.060 Abatement.
The city may seek judicial process as it deems necessary to abate a condition which was caused by or continues to be a violation of the Toppenish Municipal Code, and other methods of remedial action failed to produce compliance. An order of abatement is issued through the appropriate court of jurisdiction.
The costs, including the incidental expenses of correcting the violation, shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or control of the property and shall become due and payable to the city within 10 calendar days. All such costs and expenses shall constitute a lien against the affected property and may be subject to collection following a court judgment.
The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.
The city may cause a claim for lien to be filed for record within 90 days from the date that either the monetary penalty is due, the work is completed, or the nuisance abated, whichever is later. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, and the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. (Ord. 2008-16 § 1, 2008).
10.52.070 Authorization.
A. The Toppenish police department and the code enforcement officer are authorized to enforce the provisions of this chapter.
B. The code enforcement officer or an officer of the Toppenish police department shall have the power to issue notice of infraction citations based on probable cause for violations of this chapter. (Ord. 2010-22 § 9, 2010; Ord. 2008-16 § 1, 2008).