Chapter 18.96 ENFORCEMENT*

This chapter shall apply to enforcement of Chapter 14.36 WMC, Illegal Discharges to Stormwater System and Watercourses, WMC Title 15, Buildings and Construction; Title 16, Environmental Regulations; Title 17, Land Divisions; Title 18, Zoning; Washougal Engineering Standards; and any conditions of a subdivision or short subdivision plat, site plan, master plan, environmental, and shoreline permit. (Ord. 1658 § 1 (Exh. A), 2010; Ord. 1421 § 1, 2001)

18.96.020 Intent and purpose.

The city recognizes it and its citizens are to fulfill the responsibilities of each generation as trustee of the environment for succeeding generations, that each person or agency has a fundamental and inalienable right to a healthful environment and that each person and public agency has a responsibility to contribute to the preservation and enhancement of the city, assure for all people of the city safe, healthful, productive, and aesthetically and culturally pleasing surroundings, attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences, preserve important historic, cultural, and natural aspects of our national heritage, maintain, whenever possible, an environment which supports diversity and variety of individual choice, enhance the quality of renewable resources.

All violations of this chapter are determined to be detrimental to the public health, safety and welfare of the city. All conditions which are determined by the director to be in violation of this chapter shall be subject to the provisions of WMC Titles 15, 16, 17, 18, Washougal Engineering Standards, and conditions of a subdivision or short subdivision plat, site plan, master plan, or shoreline permit and shall be corrected by any reasonable and lawful means as provided herein.

The director shall have the responsibility to render interpretations in order to clarify the application of provisions of the code. Such interpretations shall be in conformity with the intent and purpose of this code. (Ord. 1421 § 1, 2001)

18.96.030 Definitions.

(1) “Abatement” as used in this title shall have the following meaning: the act of elimination or annulment; to become void.

(2) “Commercial/noncommercial ventures” as used in this title shall have the following meanings: any person engaged in the development, management, sale, rental or use of property solely for the purpose of residential occupancy by such person or such person’s immediate family shall be deemed to be engaged in a noncommercial venture. All other persons shall be deemed to be engaged in commercial ventures.

(3) “Director” as used in this title means the community development director, or such other person as the city council shall by ordinance authorize to utilize the provisions of this ordinance and shall also include any duly authorized representative of such director.

(4) “Hearing examiner” as used in this title means the person or board appointed by the city council to hear appeals or any appeal under this title or his duly authorized representative.

(5) “Land disturbing activity” as used in this title means any activity that results in a change to the existing soil cover, both vegetative and nonvegetative, or existing soil topography. Land disturbing activities include, but are not limited to demolition, construction, clearing, grading, dumping, filling, or excavation.

(6) “Building, environmental, land division, zoning ordinance” as used in this title means and includes this title and any other existing or future ordinances or resolutions of the city which regulates the use and development of land or buildings, including but not limited to zoning regulations, environmental regulations, subdivision regulations, short subdivision regulations, land disturbing activity, erosion control and water quality regulations and building, fire and construction codes. It shall also include any existing or future law of the State Legislature which regulates the use of and development of land, including but not limited to the State Subdivision Law, Chapter 58.17 RCW, and the Shorelines Management Act, Chapter 43.51 RCW. This title shall be construed as, and is intended to be enacted as, a regulation adopted pursuant to any such state law and pursuant to Article II, Section 11, Washington State Constitution.

(7) “Person” as used in this title shall include any natural person, organization, corporation or partnership and their agents or assigns. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001)

18.96.040 Administration.

The director is authorized to utilize the procedure of this title in order to enforce any ordinance related to WMC Titles 15, 16, 17 and 18, Chapter 14.36 WMC, Washougal Engineering Standards, and conditions of a subdivision or short subdivision plat, site plan, master plan, or shoreline permit. (Ord. 1658 § 1 (Exh. A), 2010; Ord. 1421 § 1, 2001)

18.96.050 Right of entry.

Whenever necessary to make an inspection to enforce the provisions of this chapter, or whenever the director has reasonable cause to believe that any building, structure, property or portion thereof is being used in violation of this chapter, the director may seek permission to enter such building, structure, property or portion thereof at all reasonable times to inspect the same. If permission to inspect is denied by the owner or person in possession of property, or reasonable attempts to contact the owners or persons in possession are unavailing, the director may apply to the court for an order authorizing entry upon the land for the performance of the inspection.

If the director issues an order of abatement and no appeal is taken from that order or the director prevails on appeal, the director may seek permission to enter the land and undertake abatement. If, however, permission to enter is denied, the director may apply to a court of competent jurisdiction for authority to enter the property in order to perform the abatement as provided in the director’s order. (Ord. 1421 § 1, 2001)

18.96.060 Civil penalty.

In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who violates this chapter, or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids or abets such violation, shall be subject to a civil penalty of $250.00 for the first violation offense, $500.00 for the second violation offense, and $1,000 for the third violation offense. Each calendar day may constitute a new violation. All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or as authorized by law. (Ord. 1421 § 1, 2001)

18.96.070 Abatement order.

In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, the director may order a violation to be abated.

The director may order any person who creates or maintains a violation of this chapter, or rules and regulations adopted thereunder, to commence corrective work and to complete the work within such time as the director determines reasonable under the circumstances. The person, subject to the director’s abatement order, shall either complete the corrective work or timely file an appeal pursuant to WMC 18.96.110.

If the required corrective work is not commenced or completed within the time specified, the director may proceed to:

(1) Abate the violation and cause the work to be done, upon receipt, by a court of competent jurisdiction, of an abatement order authorizing the same. The director or designee is expressly authorized to enter the property of the person committing the violation for the purpose of abatement of said violation.

(a) The actual cost of abatement, including incidental costs such as staff time, legal costs, costs of postage and other reasonable costs shall be included as abatement costs.

(b) The finance director will charge the costs thereof as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. All challenges to the reasonableness of the cost charged may be raised at such time as the city of Washougal undertakes a lien foreclosure.

(2) Issue a citation as described in WMC 18.96.150. (Ord. 1421 § 1, 2001)

18.96.080 Commencement of abatement notice and order proceedings.

(1) Whenever a director has reason to believe that a use or condition exists in violation of WMC Title 15, 16, 17 or 18, Chapter 14.36 WMC, Washougal Engineering Standards, conditions of a subdivision or short subdivision, site plan, master plan, shoreline permit, or rules and regulations adopted thereunder, the director is authorized to initiate enforcement action pursuant to this section and/or, at the director’s option, may commence an abatement notice and order under this chapter to cause the enforcement and correction of each violation.

(2) Pending commencement and completion of the abatement notice and order procedure provided for in this chapter, a director may cause a “stop work order” to be posted on the subject property or served on persons engaged in any work or activity in violation of this chapter. The effect of such a “stop work order” shall be to require the immediate cessation of such work or activity until authorized by a director to resume the work or activity. (Ord. 1658 § 1 (Exh. A), 2010; Ord. 1421 § 1, 2001)

18.96.090 Abatement notice and order.

Whenever the director has reason to believe that a violation of WMC Title 15, 16, 17 or 18, Chapter 14.36 WMC, Washougal Engineering Standards, conditions of a subdivision or short subdivision plat, site plan, master plan, shoreline permit, or rules and regulations adopted thereunder will be most promptly and equitably terminated by an abatement notice and order proceeding, the director may issue a written abatement notice and order directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation. The abatement notice and order should be issued first against the violator where the violator is not the property owner, e.g., tenant, unless the seriousness of violation demands filing against the property owner. Such abatement notice and order may be issued by any director alone, or, where violations of more than one city ordinance, rule or regulation exists, in conjunction with a notice and order issued by another director. The abatement notice and order shall be posted on the property and shall contain:

(1) The street address when available and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;

(2) A statement that a director has found the person to be in violation of WMC Title 15, 16, 17 or 18, Chapter 14.36 WMC, Washougal Engineering Standards, conditions of a subdivision or short subdivision, site plan, master plan, shoreline permit, or public health or that a violation exists on the property, with a brief and concise description of the conditions found to be in violation;

(3) A statement of the corrective action required to be taken. If a director has determined that corrective action is required, the order shall require that all required permits be secured and the work physically commenced within such time and be completed within such time as the director shall determine is reasonable under the circumstances;

(4) A statement specifying the amount of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty are contingent;

(5) Statement advising that:

(a) If any required work is not commenced or completed within the time specified above, a director may proceed to abate the violation as authorized by WMC 18.96.140 and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation or responsible person who has filed to abate the violation; and

(b) If any assessed civil penalty is not paid, a director will charge the amount of the penalty, and any costs of abatement undertaken pursuant to WMC 18.96.140, as a lien against the property and as a joint and separate personal obligation of any person in violation or failing to abate a violation; and

(6) A statement advising that the order shall become final unless, not later than 10 calendar days after the abatement notice and order are served, any person aggrieved by the order requests in writing an appeal before the hearing examiner. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1658 § 1 (Exh. A), 2010; Ord. 1421 § 1, 2001)

18.96.100 Method of service.

Service of the abatement notice and order shall be made upon all persons identified in the abatement notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested or if the address of any such person cannot reasonably be ascertained, then a copy of the abatement notice and order shall be mailed to such person at the address of the location of the violation and the notice will be posted on the property. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (Ord. 1421 § 1, 2001)

18.96.110 Appeals – Abatement notice and order.

(1) Any person aggrieved by the abatement notice and order of a director may request in writing within 10 calendar days of the service of the abatement notice and order an appeal hearing before the city’s hearing examiner. The request shall cite the abatement notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing. The method of appeal as provided in this resolution shall be sole and exclusive.

(2) The appeal hearing shall be conducted on the record and the hearing examiner shall have such rulemaking and other powers as were available to the director originally. Such appeal hearing shall be conducted within 60 calendar days after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appealing party, to the director whose order is being appealed, and to other interested persons who have requested in writing that they be so notified.

(3) All appeals shall be conducted in accordance with Chapter 1-08 WAC, Uniform Procedural Rules; provided, however, that WAC 1-08-590 shall be excluded. Should any conflict arise between the provisions of this ordinance and the applicable sections of Chapter 1-08 WAC, the provisions of this ordinance shall prevail.

(4) For the purposes of this chapter, all references in the WAC to “agency” shall mean hearing examiner. In addition, the hearing examiner may promulgate and adopt such additional rules as are necessary for the conduct of a hearing.

(5) Each party shall have the following rights, among others:

(a) To call and examine witnesses on any matter relevant to the issues of the hearing;

(b) To introduce documentary and physical evidence;

(d) To impeach any witness regardless of which party first called him to testify;

(e) To rebut evidence against him;

(f) To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.

(6) Following review of the evidence submitted the hearing examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if it finds that a violation has occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties.

(7) The appeal hearing before the city of Washougal hearing examiner shall occur within 60 calendar days following receipt of the written notice of appeal unless the matter is continued at the discretion of the hearing examiner.

(8) Whenever possible, the appeal from a director’s abatement order shall be combined with any other appeal from city enforcement actions relating to the same subject matter and falling within the jurisdiction of the hearing examiner. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1421 § 1, 2001)

18.96.120 Final abatement order.

(1) Any abatement order duly issued by a director pursuant to the procedures contained in this title shall become final 10 calendar days after service of the abatement notice and order unless a written request for hearing is received by the hearing examiner within the 10-calendar-day period.

(2) An order which is subjected to the appeal procedure shall become final 20 calendar days after a mailing of the hearing examiner’s decision unless within that time period an aggrieved person initiates review by writ of certiorari in Clark County superior court. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1421 § 1, 2001)

18.96.130 Supplemental notice and order – Abatement or citation.

A director may at any time add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notices and order as contained in this title. (Ord. 1421 § 1, 2001)

18.96.140 Enforcement of an abatement or citation final order.

(1) If, after any abatement or citation order duly issued by a director has become final, the person to whom such order is directed fails, neglects, or refuses to obey such abatement or citation order, including refusal to pay a civil penalty assessed under such order, a director may:

(a) Cause such person to be prosecuted under this title; and/or

(b) Institute any appropriate action to collect a civil penalty under this title; and/or

(d) File in the auditor’s recording office a lien describing the property and the violation and stating that the owner has been so notified; and/or

(e) Pursue any other appropriate remedy at law or in equity under this title.

(2) Enforcement of any notice and order of a director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when a director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. Mitigation measures may be imposed by the hearing examiner or director during the pendency of an appeal in superior court to minimize the impact of the alleged violation. Penalties assessed in the notice and order will continue to aggregate during the appeal period unless the appellant prevails on appeal. The aggregated penalty shall not exceed three times the amount of the daily penalty as determined in WMC 18.96.060 for any single violation from its inception through the date the hearing examiner renders its final decision. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1658 § 1 (Exh. A), 2010; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001)

18.96.150 Citation.

(1) In addition or as an alternative to any other judicial or administrative remedy provided herein or by law, the director or designee may, after investigation of a violation, issue a citation imposing a penalty upon any person who creates or maintains a violation, violates any regulations or ordinance subject to this chapter, or rules and regulations adopted thereunder, or by each act, commission or omission procures, aids, or abets such a violation.

All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or authorized by law. (Ord. 1421 § 1, 2001)

18.96.160 Requirements of a citation.

(1) A citation conforming to the requirements of this section may be used for all ordinance violations which occur in the incorporated areas of the city of Washougal.

(2) The citation shall contain the following information or blanks in which such information is entered:

(a) File number/citation number;

(b) Name of person cited;

(d) Section of the ordinance or code violated;

(e) A brief description of the violation of which the person is charged in such manner as can be readily understood by a person making a reasonable effort to do so;

(f) The date and place at which the violation occurred;

(g) The place and method of appeal to a hearing examiner, and the time within such appeal must be filed;

(h) The penalty fixed for the violation;

(i) The citation shall contain a certification to the effect that there are reasonable grounds to believe, and do believe, that the person cited committed a violation of the city of Washougal ordinance or regulation.

(3) In addition, the citation shall contain a notice to the person that the citation will be filed with the city attorney.

(4) The reverse side of the citation shall contain the following in a form substantially as follows:

READ CAREFULLY

You have been cited for a violation of a City of Washougal Ordinance or regulation. You MUST do ONE of the following:

1. Mail to the City of Washougal, 1701 C Street, Washougal, Washington 98671, this citation, together with a check or money order in the amount of the penalty shown on this citation. THIS CITATION AND THE PAYMENT OF PENALTY MUST REACH THE CODE ENFORCEMENT OFFICE WITHIN THIRTY (30) CALENDAR DAYS OF THE DATE OF ISSUANCE OF THIS CITATION.

ADMISSION

I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an APPEAL HEARING and agree to pay the penalty prescribed for my violation.

________________
Defendant’s Name

2. File an appeal by signing the REQUEST FOR APPEAL and returning it to the City of Washougal, 1701 C Street, Washougal, WA 98671 to request a hearing within 10 calendar days from the date of this citation. The city will then set a time for a hearing.

REQUEST FOR APPEAL

I, the undersigned, do hereby request an appeal hearing for the violation charged on the other side of this citation. I am requesting an appeal because I do not believe I am in violation of the cited ordinance for the following reason(s):

_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
Appellant’s Name

IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, A FINDING OF VIOLATION WILL BE ENTERED AND THE PENALTY MAY BE COLLECTED THROUGH THE LIEN PROCEDURE (CHAPTER 18.97 WMC).

IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY, CALL 835-8501 AND LEAVE A MESSAGE FOR THE CODE ENFORCEMENT OFFICE WHO WILL CONTACT YOU WITHIN 24 HOURS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL. Regardless of whether you call, you must still timely pay the penalty or appeal.

(5) Procedures Governing Hearing.

(a) Amendment. A citation may be amended at any time prior to a final ruling by the hearing examiner. A continuance shall be granted if the appellant satisfies the hearing examiner that additional time is needed to respond to the amended citation.

(b) Hearing Dates. If the person cited requests an appeal hearing, pursuant to subsection (2)(g) of this section, the code enforcement office shall fix a date and time for hearing within 60 calendar days, and, unless notice is waived, shall notify the appellant at least 20 calendar days in advance of the hearing by certified mail or hand delivery, a notice of the date and time so fixed. The notice shall set forth a warning that, in the event that the appellant fails to appear, the hearing examiner will issue a finding of violation against the appellant.

(c) Penalties. At the discretion of the community development director or authorized designee, any penalty(ies) not paid within 30 calendar days from the date of issuance of the citation may be placed as a lien against the property on which the violation has occurred pursuant to law.

(d) Settlement and Disposition of Penalties. The director or designee is authorized to enter into negotiations with the parties, or their legal representative named in an enforcement action involving any provision of this title for the collection of penalties, to negotiate a settlement, compromise or suspension, when to do so will be in the best interest of the city. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1421 § 1, 2001)

18.96.170 Method of service – Citation.

The method of service of a citation shall be the same as the method of service for an abatement notice and order, described in WMC 18.96.100. (Ord. 1421 § 1, 2001)

18.96.180 Appeals – Citation.

Any person aggrieved by the citation shall follow the same appeal procedure as identified for an appeal of an abatement order, described at 18.96.110, and shall complete the request for appeal section of the citation; described in WMC 18.96.160. (Ord. 1421 § 1, 2001)

18.96.190 Final citation order.

(1) Any citation duly issued by a director pursuant to the procedures contained in this title shall become final 10 calendar days after service of the citation unless a written request for hearing is received by the hearing examiner within the 10-calendar-day period.

(2) A citation which is subjected to the appeal procedure shall become final 20 calendar days after a mailing of the hearing examiner’s decision unless within that time period an aggrieved person initiates review by writ of certiorari in Clark County superior court. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1421 § 1, 2001)

18.96.200 Supplemental citation by issuing a supplemental citation notice and order.

The supplemental notice and order shall be governed by the same procedures applicable to all notices and order and contained in this title. (Ord. 1421 § 1, 2001)

18.96.210 Enforcement of a final citation order.

If, after any citation order duly issued by a director has become final, the person to whom such order is directed fails, neglects, or refuses to obey such citation order, including refusal to pay a civil penalty assessed under such order, a director may enforce the order, as described in WMC 18.96.140. (Ord. 1421 § 1, 2001)

18.96.220 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the director may seek legal or equitable relief to enjoin any acts, practices, or abate any conditions, which constitute or will constitute a violation of this title, or public health or rules and regulations adopted thereunder. (Ord. 1421 § 1, 2001)

18.96.230 Special investigation.

(1) Whenever any work has been commenced, for which a permit or approval is required by the building, environmental, land division, or zoning code, without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

(2) An investigation fee, in addition to the permit or approval fee shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the permit or approval fee required by the applicable code. (Ord. 1421 § 1, 2001)

18.96.240 Settlement of civil penalty claims.

The director is authorized to settle and compromise claims for civil penalties accruing pursuant to this chapter where such settlement is clearly in the interests of the city of Washougal. (Ord. 1421 § 1, 2001)

18.96.250 Revocation of permits.

(1) A director may permanently revoke any permit issued by the city for:

(a) Failure of the holder to comply with the requirements of any land use or public health ordinance or rules or regulations promulgated thereunder; or

(b) Failure of the holder to comply with any notice and order issued pursuant to this title; or

(d) Discovery of a director that a permit was issued in error or on the basis of incorrect information supplied to the city.

(2) Such permit revocation shall be carried out through the notice and order provisions of this title and the revocation shall be effective upon service of the notice and order upon the holder or operator. The holder or operator may appeal such revocation, as provided by this title.

(3) A permit may be suspended pending its revocation or a hearing relative thereto. (Ord. 1421 § 1, 2001)