Chapter 17.25
VIOLATIONS AND ENFORCEMENT AND ADMINISTRATION
Sections:
17.25.010 Violations unlawful.
17.25.040 Continued violations--Remedies and penalties.
17.25.060 Enforcement and administration.
17.25.070 Collection of civil penalties.
17.25.080 Disposition of civil penalties collected.
17.25.010 Violations unlawful.
Violations of, or failure to comply with, the provisions of this title shall be and hereby are declared to be unlawful. (Ord. 956(part), 1993)
17.25.020 Criminal penalties.
A. General Penalties. Any person, firm or corporation violating any of the provisions of this title, or violating or failing to comply therewith, or violating or failing to comply with any order made or issued pursuant thereto (unless otherwise stated) shall for each and every violation and noncompliance, respectively, be guilty of a misdemeanor. Any person so convicted shall be punished for each offense by a fine of not more than one thousand dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Each day a violation continues shall constitute a separate violation.
B. Minimum Penalty. Any person who continues to use or occupy land or structures with knowledge that a permit or approval has been revoked under this title shall, upon conviction thereof, be punished for each offense, in addition to the general penalty outlined above, by a minimum fine of two hundred fifty dollars which shall not be suspended or deferred.
C. Abatement. Persons convicted for violations of this title may be ordered by the court to abate any use or structure in violation of the provisions of this title and shall be charged with the cost of abatement in the manner provided by law. Abatement shall be in addition to the general and/or minimum penalty outlined herein. (Ord. 1162 §4, 2007: Ord. 956(part), 1993)
17.25.030 Civil penalty.
In addition to any other penalty or remedy provided herein by law, a civil penalty in the amount of fifty dollars per day is hereby imposed upon any person, firm, or corporation which violates the provisions of this title. Such civil penalty shall accrue from the date set for correction established by the building and enforcement official pursuant to Section 17.25.060(C) and shall continue until the violation is corrected. The civil penalty constitutes a personal obligation of the persons to whom the notice of noncompliance set forth in Section 17.25.060(C) is in effect. The city attorney, on behalf of the county/city, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional civil penalties so long as the violation continues.
If a violation is not corrected by the time established by the notice of noncompliance, or any extensions thereof, the building official shall cause a notice of lien to be filed in the county auditor’s office. Said notice of lien shall contain the legal description of the property and a copy of violation, together with proof of service of the notice of noncompliance as set forth in Section 17.25.060(C). As of the date of filing of such notice of lien, a lien shall exist in favor of the city to secure the payment of the civil penalty imposed by this title. Any person who takes or acquires any interest in said property subsequent to filing of said notice of lien shall take subject to said lien. The lien may be foreclosed by the city in the manner provided by law for the foreclosure of mortgages. (Ord. 956(part), 1993)
17.25.040 Continued violations--Remedies and penalties.
An imposition of one penalty for any violation shall not excuse the violation nor permit it to continue. Any person, firm, or corporation shall be required to correct such violation defects.
A. Each seven-day period that any violation continues after the effective date for correction as set forth in the notice of noncompliance provided in Section 17.25.060 shall constitute a separate criminal offense unless time for correction is otherwise expressly extended in writing by the building and enforcement official or unless otherwise stayed as authorized under this title; provided, that where the building and enforcement official has ordered any work stopped or occupancies vacated, or where any certificate or permit of approval has been revoked or suspended, each and every day that such work or occupancy continues or is permitted to continue shall constitute a separate criminal offense.
B. Any person, firm, or corporation who violates the provisions of this title shall incur a cumulative civil penalty as set forth in Section 17.25.030 in the amount of fifty dollars per day from the date set for correction pursuant to said provisions until the violation is corrected.
C. In addition to any criminal or civil proceedings authorized under this chapter to enforce this title and in addition to any fine, imprisonment, or penalty provided for therein, continuing violations of this title may be enjoined or ordered abated in civil proceedings for injunction or abatement or other equitable relief. For purposes of such actions, violations of this title are declared to be public nuisances.
D. The city attorney on behalf of the city and the public may pursue civil remedies to enforce compliance with the provisions of this title. A private person directly affected by a violation of this title may pursue civil remedies as provided herein or as otherwise provided by law to enforce compliance with, or recover damages for, a violation of this title; provided, that a private person may not pursue to enforce the civil penalty as set forth in subsection B of this section and in Section 17.25.030.
E. Any person, firm, or corporation violating any of the provisions of this title shall be liable in any private or public action brought to enforce the provisions of this title for all costs of proceedings, expenses of abatement, and for reasonable attorney’s fees and costs. The remedies provided for in this chapter are accumulative and in addition to any other remedy available to law or equity. (Ord. 1205 §1(part), 2009: Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.25.050 Persons liable.
The owner, leaseholder, or tenant of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, or who maintains after notice a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in Section 17.25.020 and may be held jointly and severally liable in civil action brought to enforce the provisions of this title. (Ord. 956(part), 1993)
17.25.060 Enforcement and administration.
A. General. The building and enforcement official is hereby authorized and directed to enforce the provisions of this title. The building and enforcement official may employ, appoint and designate such employees, representatives or officers to act on his behalf in the enforcement of this title under such control and supervision as the building and enforcement official may specify. Any reference herein to the building and enforcement official shall also refer to his duly authorized representatives. The building and enforcement official or his authorized representatives shall, either upon complaint or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city officers to assist the building and enforcement official in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions.
B. Entrance Onto Private Property. When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the building and enforcement official may enter onto property to inspect the same or to perform any duty imposed or authorized by this title; provided, that if such building or premises be occupied and not a public place, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. The right of entry authorized by this section extends to any employee, officer, or person that accompanies the building and enforcement official or his authorized representatives.
All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the building and enforcement official to the property, premises and/or structures involved during any period of construction, improvement, or change for inspection to assure compliance with this title and any conditions of approval for such permit or approval. The building and enforcement official may enter onto private property, premises and/or structures during any such period of construction, improvement, or change being done pursuant to a permit or approval for such purposes; provided, that if the property, premises, or structures are occupied, he shall first notify the occupant prior to entry.
C. Notice of Noncompliance. If the building and enforcement official determines that any activity, condition, structure, or use exists that does not conform to the provisions of this title, he may issue a notice of noncompliance directed to the record owner of the property and/or to such other persons as are causing or contributing to such noncompliance.
A notice of noncompliance shall contain:
1. The name and address of the record owner or other person to whom the notice of noncompliance is directed;
2. The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring;
3. A statement of the action required to be taken as determined by the building and enforcement official and a date for correction which shall be not less than three weeks from the date of service of the notice of noncompliance unless the building official has determined the noncompliance to be immediately hazardous;
4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against the person or persons to whom the notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues;
5. A statement that the building official’s determination of noncompliance may be appealed to the city council upon written notice of appeal together with the payment of a filing fee in accordance with Chapter 17.16, that such appeal shall be filed with the department issuing the notice within fifteen days of service of the notice of noncompliance, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and
6. A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty.
The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of noncompliance by certified mail, postage prepaid, return receipt requested, to such person at his last known address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made.
A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of Chapter 17.16. The cumulative civil penalty provided for in Sections 17.25.030 and 17.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal.
For good cause shown, the building and enforcement official may extend the date set for correction of the notice of noncompliance; provided, that such an extension shall not affect or extend the time in which an administrative appeal must be commenced nor shall such extension be for a period of time in excess of one hundred eighty days.
D. Stop Orders. If the building and enforcement official determines that any activity is being established or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The building and enforcement official shall prominently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered. When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the building and enforcement official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of Section 17.25.020.
E. Citations. Whenever the building and enforcement official determines that administrative effort to correct violations of this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceedings for such violations. In addition to any other means authorized by law for initiation of criminal complaints, the building and enforcement official has the authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The building and enforcement official is hereby granted the authority to and shall directly file such citations with the Wapato municipal court which filing shall constitute a lawful complaint for initiating criminal charge for violation of this title. The court shall issue process for the adherence of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the city to prosecute such cases in the name of the city. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.25.070 Collection of civil penalties.
The building and enforcement official and the prosecuting authority of the city are hereby authorized to take action to collect and/or enforce any civil penalty imposed by this title. When a settlement or compromise of any civil penalty would be in furtherance of the objectives and purposes of this title, the prosecuting authority may settle or compromise any civil penalty in an amount deemed appropriate by such authority. (Ord. 956(part), 1993)
17.25.080 Disposition of civil penalties collected.
Any civil penalties assessed herein and collected shall be paid into the general fund of the city. (Ord. 956(part), 1993)