Chapter 1.14
CIVIL ENFORCEMENT OF THE CODE
Sections:
1.14.020 Initiation of enforcement action.
1.14.050 Supplemental notice and order.
1.14.060 Voluntary correction agreement.
1.14.080 Administrative conference.
1.14.090 Abatement proceedings authorized.
1.14.100 Assessment of civil penalties.
1.14.110 Accumulations of civil penalties.
1.14.120 Appeal of a notice and order.
1.14.140 Hearing Examiner jurisdiction for code enforcement.
1.14.150 Enforcement of final order.
1.14.160 Personal obligation authorized.
1.14.170 Suspension of permits.
1.14.180 Revocation of permits.
1.14.010 Applicability.
A. The Mayor or designee is authorized to address or enforce the code against any violation using the provisions and procedures of this chapter.
B. Each day or portion of a day during which a violation occurs or exists is a separate violation.
C. Notwithstanding any provision to the contrary, any civil enforcement of the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, is in addition to, and does not preclude or limit, any other forms of enforcement available to the Town including, but not limited to, criminal proceedings or sanctions, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct, or discourage unlawful acts in violation of this code.
D. No provision or term used in this chapter is intended to impose any duty whatsoever upon the Town or any of its officers or employees. Nothing contained in this chapter is intended or shall be construed to create or form the basis of any liability on the part of the Town, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the Town, its officers, employees or agents. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 1, 2000)
1.14.020 Initiation of enforcement action.
A. Whenever the Town has reason to believe that a use or condition exists in violation of the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, the Mayor or code enforcement officer may initiate injunctive action or may proceed as otherwise provided pursuant to this chapter, to assess civil penalties, to abate the violation or to suspend or revoke any regulatory permits issued by the Town.
B. Pending commencement and completion of the enforcement procedures provided for in this chapter, the Mayor or code enforcement officer may cause a stop work order to be posted on the subject property or to be served on persons engaged in any work or activity in violation of the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorized by the Mayor or code enforcement officer to proceed. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 390 § 11, 2000. Formerly 1.14.110)
1.14.030 Notice and order.
A. Whenever the Mayor or code enforcement officer has reason to believe that violation of the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, will be most promptly and equitably terminated by an administrative notice and order proceeding, a written notice and order may be directed to:
1. The owner and operator of the source of the violation;
2. The person in possession of the property where the violation originates; or
3. The person otherwise causing or responsible for the violation.
B. The notice and order shall contain:
1. The street address or description of real and/or personal property sufficient for identification of where the violation occurred or is located;
2. A statement that the Mayor or code enforcement officer has found the person to be in violation of the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, and 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 the Mayor or code enforcement officer has determined that corrective work is required, the order shall require that all necessary permits be secured and that the work be completed within such time as the Mayor or code enforcement officer determines is reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed by reason of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
5. Statements advising that:
a. If any required work is not completed within the time specified, the Mayor or code enforcement officer will:
i. Proceed to abate the violation and cause the work to be done; and
ii. Charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation;
b. If any assessed civil penalty is not paid, the Mayor or code enforcement officer will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation; and
c. The order shall become final, unless, no later than ten days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the Hearing Examiner. (Ord. 17-579 § 1, 2017; Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 390 § 12, 2000. Formerly 1.14.120)
1.14.040 Right of entry.
A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, or whenever the Mayor or code enforcement officer has cause to believe that a violation of any such provision has been or is being committed, the code enforcement officer may, upon receiving consent from the occupier, enter any building, structure, property or portion thereof at reasonable times to inspect the same.
B. Upon requesting entry, the Mayor or code enforcement officer shall present identification credentials, and state the reason for the inspection.
C. If such building, structure, property or portion thereof is unoccupied, or if it is occupied but consent to enter is not given by the occupant, the code enforcement officer, prior to entry, shall obtain a search warrant from a court with jurisdiction by showing that probable cause exists to believe that a violation of the code, or any ordinance, regulations or permits adopted or issued pursuant thereto, has been or is being committed. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 4, 2000)
1.14.050 Supplemental notice and order.
The Mayor or code enforcement officer 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 orders contained in this chapter. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 13, 2000. Formerly 1.14.130)
1.14.060 Voluntary correction agreement.
The Mayor or code enforcement officer may at any time enter into a voluntary correction agreement with any person causing, allowing or participating in a violation, including the property owner. A voluntary correction agreement may be instead of, in lieu of, or in conjunction with a notice and order, but must include:
A. An agreement by the person responsible for the violation that the Town may inspect the premises as determined in the reasonable judgment of the Town to be necessary to determine compliance with the voluntary correction agreement;
B. An agreement by the person responsible for the violation and/or the owner(s) of property on which the violation has occurred that, if the terms of the voluntary correction agreement are not met, the Town may enter the property, abate the violation and recover its costs and expenses; and
C. An agreement that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the Examiner under this chapter or any other appeal regarding the agreement, the violation, any penalty and any required corrective action. (Ord. 17-578 § 1 (Exh. A (part)), 2017)
1.14.070 Service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. 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 provided in this section shall be effective two days after the date of postmark. The notice and order may be, but is not required to be, posted on the subject property. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 14, 2000. Formerly 1.14.140)
1.14.080 Administrative conference.
An informal administrative conference may be conducted any time by the Mayor or code enforcement officer for the purpose of providing a forum for efficient resolution of any violations. The Mayor or code enforcement officer may call a conference in response to a request from any person aggrieved by the notice and order, or on the Mayor’s or code enforcement officer’s own motion. Attendance at the hearing shall be determined by the Mayor or code enforcement officer and need not be limited to those named in a notice and order. As a result of information developed at the conference, the Mayor or code enforcement officer may affirm, modify or revoke the order. The administrative conference is optional and is not a prerequisite to use of any of the enforcement provisions described in this chapter. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 15, 2000. Formerly 1.14.150)
1.14.090 Abatement proceedings authorized.
In addition to, or as an alternative to, any judicial or administrative remedy provided in this chapter or by law or other ordinance, the Mayor or code enforcement officer may order a violation of any provision of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, to be abated. The Mayor or code enforcement officer may order any person who creates or maintains a violation to commence corrective work and to complete the work within such time as the Mayor or code enforcement officer determines reasonable under the circumstances. If the required corrective action is not commenced or completed within the time specified, the Mayor or code enforcement officer may proceed to abate the violation and cause the work to be done. The costs thereof shall be charged as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 7, 2000. Formerly 1.14.070)
1.14.100 Assessment of civil penalties.
A. Any person who violates any provision of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, or who, by any act of commission or omission procures, aids or abets such violation, shall be subject to civil penalties as provided in this chapter.
B. Civil penalties may be assessed directly by the Mayor or code enforcement officer by means of a notice and order issued pursuant to this chapter, or may be assessed in any legal action filed with the courts.
C. Civil penalties assessed by means of a notice and order shall be collected in accordance with the procedures specified in this chapter. Civil penalties assessed in a legal action in court shall be collected in the same manner as judgments in civil actions.
D. Where the specific code section violated provides for a particular civil penalty, that civil penalty shall be set forth in the notice and order with respect to that violation. Where the code section or chapter violated does not provide for a specific civil penalty provision, any person, firm, or corporation violating any provisions or failing to comply with any of the mandatory requirements of any ordinance of the Town may be subject to, in addition to other penalties hereunder, a civil penalty not more than two hundred fifty dollars per day or portion of a day for each violation, plus payment of the Town’s reasonable attorneys’ fees, witness fees, staff time, and other costs incurred in enforcing said civil penalty.
E. Penalties for the second separate violation by the same person shall be double the rates identified in subsection D of this section. Penalties for any separate violation beyond a second violation by the same person shall be triple the rates identified in subsection D of this section.
F. Any monetary penalty imposed under this code constitutes a personal obligation of the person in violation. Any monetary penalty assessed must be paid to the Town Clerk-Treasurer within ten days from the date of service of the notice and order or, if an appeal was filed pursuant to Section 1.14.120, within ten days of the Hearing Examiner’s decision.
G. The Town may collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues.
H. The Town may use collection agencies to recover monetary penalties; the cost of the collection process shall be assessed in addition to the monetary penalty.
I. The Town may incorporate any outstanding penalty into an assessment lien when the Town incurs costs of abating the violation. (Ord. 18-592 § 1, 2018; Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 8, 2000. Formerly 1.14.080)
1.14.110 Accumulations of civil penalties.
A. Civil penalties for failure to obtain any required permit shall begin to accrue on the first day activity subject to the permit requirement is commenced and shall cease to accrue on the day a permit application is accepted by the Town.
B. Civil penalties for violation of any stop work order shall begin to accrue on the first day the stop work order is posted and shall cease on the day the Town verifies that the work has actually stopped.
C. Civil penalties for all other violations shall begin to accrue on the first day activity subject to the permit requirement is commenced and shall cease to accrue on the day a permit application is accepted by the Town. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 9, 2000. Formerly 1.14.090)
1.14.120 Appeal of a notice and order.
A. Any person aggrieved by a notice and order may request in writing, within ten days of the service of the notice and order as provided in Section 1.14.070, an appeal hearing before the Town’s Hearing Examiner. The request shall cite the notice and order appealed from and shall contain a brief statement of the reasons for seeking the appeal hearing. The written request shall be filed with the Town Clerk within the ten-day period.
B. The appeal hearing shall be electronically recorded and the Hearing Examiner shall have such rulemaking and other powers necessary for conduct of the hearing as are specified by ordinance. The appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. 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 every appealing party, to the Mayor, and to other interested persons who have requested in writing that they be so notified. The Mayor or code enforcement officer may submit a report and other evidence.
C. Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To produce rebuttal evidence;
5. To represent himself or herself or to be represented by an attorney at law.
D. 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 is found that a violation occurred. The Hearing Examiner shall reverse the order if it is found that no violation occurred. The written decision of the Hearing Examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties.
E. Whenever possible, the appeal shall be combined with any other appeal from enforcement actions relating to the same subject matter and falling within the jurisdiction of the Hearing Examiner. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 16, 2000. Formerly 1.14.160)
1.14.130 Finality of order.
A. Any order duly issued by the Mayor or code enforcement officer pursuant to the procedures contained in this chapter shall become final ten days after service of the notice and order, unless a written request for hearing is filed with the Town Clerk within that ten-day period.
B. An order which has been appealed shall become final fifteen days after mailing of the Hearing Examiner’s decision unless a party to the appeal requests a reconsideration within that time period by filing a motion for reconsideration with the Town Clerk. Code enforcement decisions may not be appealed to the Town Council. If a motion for reconsideration is filed, the Hearing Examiner’s reconsideration decision shall become final immediately upon issuance and may not be revisited. All Hearing Examiner decisions are subject to judicial review once they become final.
C. A motion for reconsideration must state in writing the legal and/or factual grounds for the reconsideration, and may be accompanied by written argument. Motions for reconsideration shall be considered by the Hearing Examiner without oral argument, unless requested by the Examiner.
D. No response to a motion for reconsideration shall be filed unless requested by the Hearing Examiner. No motion for reconsideration will be granted without such a request. If a response is called for, a reply may be filed within two days of service of the response. (Ord. 17-579 § 2, 2017; Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 17, 2000. Formerly 1.14.170)
1.14.140 Hearing Examiner jurisdiction for code enforcement.
A. Notwithstanding any authority conferred upon the Hearing Examiner by another section of this code, the Hearing Examiner shall have no authority to consider issues sounding in equity, including but not limited to equitable estoppel, when making a determination on the appeal of a code enforcement violation.
B. The scope of the Examiner’s authority for code enforcement purposes should be limited to whether the alleged code violation has occurred, and what penalties should be assessed against the violator.
C. The Hearing Examiner shall not have the authority to waive code requirements, or prevent the Town from taking future enforcement action against a violator. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 18, 2000. Formerly 1.14.180)
1.14.150 Enforcement of final order.
A. If, after any order has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, the Mayor may:
1. Cause such person to be prosecuted under the provisions of this chapter; and/or
2. Abate the violation; and/or
3. Bring an action in district court or superior court to obtain a civil judgment.
B. Once a civil judgment has been obtained, the Town may proceed to collect the penalty in the same manner as other civil judgments. The Town Attorney is authorized to file a judgment lien pursuant to RCW 4.56.190 and 4.56.200.
C. Enforcement of any notice and order shall be stayed during the pendency of any appeal, except when the Mayor determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 19, 2000. Formerly 1.14.190)
1.14.160 Personal obligation authorized.
The civil penalty and the costs of abatement, together with any costs incurred by the Town, are also joint and separate personal obligations of any person or persons in violation. The Town may collect the civil penalties and abatement costs through any appropriate legal remedies. The civil penalty and abatement costs are deemed public debt and the Town may retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently existing or as may subsequently be amended. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 20, 2000. Formerly 1.14.200)
1.14.170 Suspension of permits.
A. The Mayor or code enforcement officer may temporarily suspend any permit issued by the Town for any of the following reasons:
1. Failure of the holder or operator to comply with the requirements of any provision of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto;
2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter; or
3. Failure of the holder or operator to comply with a stop work order.
B. Such permit suspension shall be carried out through the notice and order provisions of this chapter, and the suspension shall be effective upon service of the notice and order on the holder or operator. The holder or operator may appeal such suspension as provided by this chapter.
C. Notwithstanding any other provision of this chapter, whenever the Mayor or code enforcement officer finds that a violation of any provision of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto, has created, or is creating, an unsanitary, dangerous or other condition which is deemed to constitute an immediate and irreparable hazard, suspension and termination of operations under the permit may be required immediately without service of a written notice and order. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 21, 2000. Formerly 1.14.210)
1.14.180 Revocation of permits.
A. The Mayor or code enforcement officer may permanently revoke any permit issued by the Town under any provision of this code, including any ordinance or regulations adopted pursuant thereto, for any of the following reasons:
1. Failure of the holder or operator to comply with the requirements of any provision of this code, including any ordinance, regulations or permits adopted or issued pursuant thereto;
2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter;
3. Interference with the Mayor or code enforcement officer in the performance of official duties; or
4. Discovery by the Mayor or code enforcement officer that a permit was issued in error or on the basis of incorrect information supplied to the Town.
B. Such permit revocation shall be carried out through the notice and order provisions of this chapter 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 chapter.
C. A permit may be suspended pending its revocation or a hearing relative thereto. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 22, 2000. Formerly 1.14.220)
1.14.190 Severability.
Should any section, paragraph, sentence, clause or phrase of the ordinance codified in this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of the ordinance codified in this chapter be preempted by State or Federal law or regulation, such decision or legislation shall not affect the validity of the remaining portions of the ordinance codified in this chapter or its application to other persons or circumstances. (Ord. 17-578 § 1 (Exh. A (part)), 2017: Ord. 00-390 § 31, 2000. Formerly 1.14.310)