Chapter 20.102 DEVELOPMENT CODE ENFORCEMENT PROCEDURES AND PENALTIES

Chapter 20.102
DEVELOPMENT CODE ENFORCEMENT PROCEDURES AND PENALTIES

Sections:

20.102.010 Purpose and authority.

20.102.020 Applicability.

20.102.030 Determination of violation.

20.102.040 Violation types.

20.102.050 Procedures and penalties.

20.102.060 Criminal prosecution, civil penalty, injunctive relief, revocation and suspension of applicable permits and other remedies.

20.102.070 Contents of notices.

20.102.080 Appeals.

20.102.010 Purpose and authority.

It is the purpose of this chapter to provide specific guidance and procedures for code enforcement actions in the city of Battle Ground. It is the policy of the city of Battle Ground to thoroughly and consistently enforce the rules and regulations of the municipal code, with primary emphasis on protection of the general health, safety and welfare. In addition, it is the policy of the city to strive for and achieve the highest level of voluntary compliance in all code enforcement actions with minimal use of punitive authority. Further, the city strives to resolve all code enforcement actions in a swift, fair and equitable manner.

The planning director or his or her designee shall have the authority to perfect code enforcement actions pursuant to this chapter. (Ord. 99-010 § 1 (part), 1999)

20.102.020 Applicability.

The provisions of this chapter shall apply to all code enforcement actions involving Titles 12, 13, 15, 16, 17 and 18 of the Battle Ground Municipal Code (hereinafter “development code”). (Ord. 99-010 § 1 (part), 1999)

20.102.030 Determination of violation.

The planning director (“director”) or his or her designee or the code enforcement officer (“officer”) shall determine if a violation of the development code has occurred. Such determination shall be based upon factual information that a clear violation of rule, regulation, procedure or standard has been violated in the course of permitting, construction or occupancy of a land use or development. (Ord. 99-010 § 1 (part), 1999)

20.102.040 Violation types.

A. Violations under this chapter may be either civil or criminal offenses as set forth in this section.

1. Civil Offense. These code violations are those that do not present an immediate or impending threat to the health, safety or general welfare of those living or working in the immediate vicinity of the violation or the general public. In addition, these offenses are typically easily remedied through a permitting procedure or alteration of a structure. These violations are typically not wilful.

2. Criminal Offense. These code violations are those that represent an immediate or impending threat to the health, safety or general welfare of those living or working in the immediate vicinity of the violation or the general public which are not willingly abated by the violator and for which no other course of action is available to abate the threat. In addition, criminal violations typically are wilful and are perpetuated by repeat offenders. The criminal penalty shall be used when in the opinion of the planning director or city attorney, the civil penalty will not be effective, timely, or for a second or subsequent violation. A criminal violation of any provision of the development code shall be a misdemeanor. Each day a violation is allowed to exist shall constitute a separate offense, which, upon conviction, shall be subject to a fine or imprisonment to the maximum extent provided in Washington state law for misdemeanors.

B. The director or officer in consultation with the director shall determine if a violation is civil or criminal. Criminal violations shall be processed under Title 9 of the municipal code. (Ord. 99-010 § 1 (part), 1999)

20.102.050 Procedures and penalties.

A. Procedures. Unless otherwise specifically provided for within each chapter, the enforcement of the development code of the city of Battle Ground shall govern code enforcement actions. Code enforcement actions within the city shall follow the procedures set forth in this section. Code enforcement actions fall into five primary steps: initial notice, corrective order, notice of civil penalty, notice to abate and citation.

1. Initial Notice.

a. Upon receipt of a valid complaint or observation of a violation by the officer, the officer shall within twenty-four hours give initial notice, in writing to the property owner or violator. The initial notice shall include the following information required by Section 20.102.070.

b. Such initial notice shall be sent via U.S. mail or delivered by personal service.

c. Contents of Initial Notice. The initial notice shall include the information outlined in Section 20.102.070 as well as the following:

i. Specific description of the violation;

ii. Reference to portion of the Battle Ground Municipal Code being violated;

iii. Steps necessary to correct violation; and

iv. Time frame for correction.

d. Time Frames for Compliance. Any violator shall have a maximum of seven days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have fourteen days from date of initial notice to complete correction of violation. If remedy of the violation is pursued within established time frames, then there are no punitive consequences associated with an initial notice.

e. Depending upon the nature of the violation, the time frames indicated for an initial notice may be extended by the officer upon consultation with the director.

f. Stop Work Order in Addition to Initial Notice. The initial notice may be supplemented by a stop work order if the officer or director finds that the violation poses an immediate threat to the general health, safety or general welfare of the public or, if continued, would result in damage to public or private property or the environment. Such stop work order shall contain the information set forth in Section 20.102.070 of this chapter, and shall be in full force and effect until the director or their designee determines that sufficient compliance has been achieved to warrant removal of the stop work order.

g. If the violation is not corrected within the time frames established pursuant to this section, the officer shall proceed with a corrective order.

h. An initial notice may be appealed pursuant to Section 20.102.080.

2. Corrective Order.

a. Within twenty-four hours following the end time frame for compliance identified in the initial notice, the officer shall issue a corrective order.

b. Such corrective order shall be sent via certified U.S. mail or delivered via personal service.

c. Contents of Corrective Order. The corrective order shall contain the information outlined in Section 20.102.070 as well as the following:

i. Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

ii. Date by which correction must be initiated and the date by which violation must be corrected;

iii. A statement that the city may pursue additional civil or criminal remedies or abatement authority if the violation is not corrected within the time frames specified in the corrective order, and a citation of the regulatory authority in the Battle Ground Municipal Code authorizing such actions.

d. Time Frames for Compliance. Any violator shall have a maximum of fourteen days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have a maximum of thirty days following the corrective order to complete correction of violation.

e. Depending upon the nature of the violation, the time frames indicated for corrective order may be extended by the officer upon consultation with the director.

f. If the violation is not corrected within the time frames established with the corrective order, the director shall issue a notice of civil penalty pursuant to subsection (A)(4) of this section.

g. A corrective order may be appealed as provided for in Section 20.102.080.

3. Notice of Civil Penalty.

a. Within twenty-four hours following the end time frame for compliance identified in the corrective order, the director shall issue a notice of civil penalty. The notice of civil penalty shall contain the information required by Section 20.102.080, as well as the following:

i. Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

ii. Date by which correction must be initiated and the date by which violation must be corrected;

iii. A statement that the city may pursue abatement authority to address the violation if not corrected within the time frames specified in the notice of civil penalty, and a citation of the regulatory authority in the Battle Ground Municipal Code authorizing such abatement;

iv. A statement that the city may issue a civil citation if the violation is not corrected within the time frames identified in the notice of civil penalty;

v. Contact person and phone number for additional information.

b. Such notice of civil penalty shall be sent via certified U.S. mail or personal service, within forty-eight hours following the end time frame established with the corrective order.

c. Time Frames for Compliance. Any violator shall have a maximum of fourteen days to initiate steps toward compliance (i.e., application for permit, physical correction of violation), and shall have a maximum of thirty days following the corrective order to complete correction of violation.

d. Depending upon the nature of the violation, the time frames indicated for notice of correction may be extended by the officer upon consultation with the director.

e. Civil fines imposed pursuant to a notice of civil penalty shall accrue in accordance with Section 20.102.060A retroactive to the date of the initial notice and in accordance with Table 20.102-1.

f. If the violation is not corrected within the time frames established with the notice of civil penalty, the director shall issue or cause to be issued a civil citation proceed to notice to abate.

g. A notice of civil penalty may be appealed pursuant to Section 20.102.080.

4. Notice to Abate.

a. Within seven days following the end time frame for correction identified in the notice of civil penalty, the director shall issue a notice to abate. The notice to abate shall contain the information required by Section 20.102.070, as well as the following:

i. A brief and concise description of the history of the violation, including dates of initial notice, corrective order, notice of civil penalty, and the name of officer involved in each of these prior steps;

ii. Copies of all prior formal written correspondence advising the property of the violation and corrective measures;

iii. Date by which correction must be initiated and the date by which violation must be corrected;

iv. A statement that the city will seek abatement of the violation from the court if not corrected within the time frames specified in the notice to abate, and a citation of the regulatory authority in the Battle Ground Municipal Code authorizing such pursuit;

v. A statement that the city may issue a criminal citation if the violation is not corrected within the time frames specified in the notice to abate, and a reference of the regulatory authority in the Battle Ground Municipal Code authorizing such citation;

vi. Contact person and phone number for additional information.

b. Such notice to abate shall be sent via certified U.S. mail or delivered via personal service, within forty-eight hours following the end time frame for compliance established with the notice of civil penalty.

d. Depending upon the nature of the violation, the time frames indicated for notice to abate may be extended by the officer upon consultation with the director.

e. If the violation is not corrected within the time frames established with the notice to abate, the director shall proceed with issuance of a criminal citation.

f. A notice to abate may be appealed pursuant to Section 20.102.080.

5. Stop Work Order in Addition to Procedural Notice. Any step of the progressive enforcement process may be supplemented by a stop work order if the officer or director finds that the violation poses an immediate threat to the general health, safety or general welfare of the public or, if continued, would result in damage to public or private property or the environment. Such stop work order shall contain the information set forth in Section 20.102.070 of this chapter, and shall be in full force and effect until the director or their designee determines that sufficient compliance has been achieved to warrant removal of the stop work order.

6. Citation. A citation may be issued under the following circumstances:

a. Citation in conjunction with progressive step of enforcement action. Within twenty-four hours following the end time frame for correction identified in the notice to abate, the director shall issue or cause to be issued a citation and proceed with criminal prosecution pursuant to Section 20.102.060.

b. Citation subsequent to violation of stop work order. If the violator continues active violation of the development code after issuance of a stop work order, the officer may issue a citation pursuant to section 20.102.060. (Ord. 00-005 § 1, 2000; Ord. 99-020 § 1 (part), 1999; Ord. 99-010 § 1 (part), 1999)

20.102.060 Criminal prosecution, civil penalty, injunctive relief, revocation and suspension of applicable permits and other remedies.

A. Civil Penalty. Any person, firm or corporation which violates or continues to violate any provision of the development code or any chapter thereunder shall be liable to the city for a civil penalty up to one thousand dollars per violation per day. Each day upon which a violation occurs or continues shall constitute a separate violation. If the city concludes it should prosecute the violator under the criminal section as provided for in this title, such decision shall not compromise its ability to seek both criminal and civil penalties provided for in this chapter. The civil penalty shall generally be applied to first violations and other violations when deemed effective and appropriate. The penalty shall be as defined in Table 20.102-1. In addition to the civil penalty amounts assessable herein, the city may recover reasonable attorney’s fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the costs of any actual damages incurred by the city, including penalties for noncompliance with any state or federal regulatory permit to the extent attributable to the violator.

B. Criminal Prosecution. Any person, firm or corporation which repeatedly violates any section of the development code or continues to violate the development code after notice shall be guilty of a misdemeanor under the laws of the state of Washington and shall be punishable by a fine or imprisonment as provided by the state law of the state of Washington.

C. Injunctive Relief. When the city finds that any person, firm or corporation has violated and continues to violate or threaten to violate any provision of the development code or any chapter thereof or order issued under the development code by a responsible city official, then the city may petition to the appropriate court with jurisdiction for the issuance of a temporary or permanent injunction or restraining order as is deemed appropriate which restrains the continued violation of any provision of this code or compels the specific performance as required or such other requirement imposed by the development code on the activities of the violator. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against the violator.

D. Abatement. When judgment is rendered by the Battle Ground municipal court against any person, persons, firm or corporation, finding them guilty of violation of the development code, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided for in this title, to order the defendant or defendants in such action to forthwith abate and remove such nuisances; and, if the nuisance is not abated or removed by such offender within twenty-four hours thereafter, or such time allowed by the court, it shall be abated and removed by order of the director on authority of the court, or by any other individual authorized by order of the court, which order of abatement shall be entered upon the docket of the court and made a part of the judgment in the action. The provisions of this section relative to the abatement of violation of the development code are not exclusive, and all other rights or remedies of the city of Battle Ground, and any citizen thereof, relative to the abatement of development code violations, are declared to remain in full force and effect.

E. Revocation and Suspension of Applicable Permits. When the city finds that any person, firm or corporation continues to violate or threatens to continue to violate any provision of the development code, the city reserves the right to deny, suspend or revoke any applicable permit which is authorized under the development code. The planning director is authorized to immediately suspend the application of any permit or the activity provided thereunder in the event of the immediate threat to the public health or safety. In the event the planning director deems it appropriate to revoke any applicable permit granted under the development code, he shall so notify the violating party and shall thereafter note the matter for public hearing by the hearing examiner. Notice of said public hearing shall be pursuant to Chapter 17.200.

F. Liens. Upon order and judgment by municipal court of any violation of the development code, the city may seek to have liens placed against the property subject to the code enforcement action in amounts equal to the costs incurred in enforcing the development code not otherwise paid by the violator.

G. Other Remedies. Provisions related herein regarding enforcement of the development code are not exclusive remedies. The city reserves the right to take any and all or a combination of these actions concurrently or sequentially against a noncompliant person, firm or corporation or may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the violator to conduct environmental remediation.


Table 20.102-1:
Table of Fines
Date of Continued Violation	Fine
First week following the date of initial notice	25% of daily maximum

Second week following the date of initial notice	50% of daily maximum

Third week following the date of initial notice	75% of daily maximum

Fourth week following the date of initial notice	100% of daily maximum

All time following fourth week from the date of initial notice until violation is corrected	100% of daily maximum

(Ord. 99-010 § 1 (part), 1999)

20.102.070 Contents of notices.

A. Whenever the director issues a written warning, corrective order, citation or notice of abatement pursuant to this chapter, such notice shall contain the following information:

1. The name and address of the person or persons to whom the notice of violation is directed;

2. The street address when available or a legal description sufficient for the identification of the building, structure, premises or land upon which or within which the violation is occurring;

3. A brief and concise description of the history of the violation, including dates of initial notice, written warning and corrective notice, and the name of officer involved in each of these prior steps;

4. A concise description of the nature of the violation;

5. A statement of the action required to be taken as determined by the official and a date for correction as set forth in the applicable sections of this chapter;

6. A statement that a maximum cumulative civil penalty in the amount of one thousand dollars per violation per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues, and a statement of the section of the Battle Ground Municipal Code authorizing such penalty;

7. A statement that the planning director’s determination of violation may be appealed to the hearing examiner pursuant to Battle Ground Municipal Code Section 17.200.140 and that the per-day civil penalty shall not accrue while an administrative appeal is pending, but that mitigation or abatement may be sought to relieve eminent threat to the health, safety and general welfare of the community or environment.

B. For good cause, the planning director may extend the date for correction of the violation as stated in the citation; provided that such extension shall not affect or extend the time within which an administrative appeal may be filed. The civil penalty constitutes a personal obligation of the person or persons to whom the citation is directed. The city attorney on behalf of the 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 per diem penalties so long as the violation continues. (Ord. 99-020 § 1 (part), 1999; Ord. 99-010 § 1 (part), 1999)

20.102.080 Appeals.

Appeals of stop work orders, corrective orders or notices of civil penalty may be appealed to the hearing examiner pursuant to Battle Ground Municipal Code Section 17.200.140. Appeals of criminal citations under this title shall be processed in accordance with applicable state and municipal laws. (Ord. 99-010 § 1 (part), 1999)